datamatters24/research-document-archive huggingface dataset:
HR 2965 RFS 
(2) MATTERS TO BE ASSESSED.—In addition to 
such other matters as the Comptroller General 
deems appropriate, the assessment shall include— 
(A) efforts to recruit private for-profit 
business entities to participate; 
(B) the quality of training provided to in-
mates; 
(C) the amounts and types of products and 
services that have been produced incident to the 
work-based training programs; 
(D) the types of worksite arrangement that 
encourage business concerns to voluntarily enter 
into such partnerships; 
(E) the extent and manner of the partici-
pation of supervisory, quality assurance, and 
other management employees of the partici-
pating business entity in worksites within cor-
rectional facilities of various levels of security; 
(F) the extent of the facilities, utilities, 
equipment, and personnel (other than security 
personnel) provided by the host correctional 
agency, and extent to which such resources are 
provided on a nonreimbursable basis; 
(G) the rates of wages paid to inmate 
workers and the effect that such wage rates 
VerDate Aug 31 2005 
00:32 Sep 19, 2006
Jkt 049200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H2965.RFS
H2965
jcorcoran on PRODPC62 with BILLS
HR 2965 RFS 
have on willingness of business entities to par-
ticipate; 
(H) any complaints filed regarding the dis-
placement of noninmate workers or of inmate 
workers being paid less than required wages 
and the disposition of those complaints; 
(I) any sanctions recommended relating to 
displacement of noninmate workers or payment 
of less than the required wages, and the dis-
position of such proposed sanctions; 
(J) the extent to which the new authority 
provided additional inmate work opportunities 
assisting the Bureau of Prisons in attaining its 
objective of providing 25 percent of the work- 
eligible inmates with work opportunities within 
Federal Prison Industries; 
(K) measures of any adverse impacts of 
implementation of the new authority on busi-
ness concerns using noninmate workers that are 
engaged in providing similar types of products 
and services in direct competition; and 
(L) a compilation of data relating work op-
portunities for Federal inmates with work as-
signments with Federal Prison Industries pro-
vided by— 
VerDate Aug 31 2005 
00:32 Sep 19, 2006
Jkt 049200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H2965.RFS
H2965
jcorcoran on PRODPC62 with BILLS
888 
Fund, who becomes employed in a position within 
the Department of Defense after the date of enact-
ment of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108–136), may elect 
to be subject to section 8344 or 8468 (as the case 
may be). 
‘‘(B) An election for coverage under this para-
graph shall be filed not later than the later of 90 
days after the date the Department of Defense— 
‘‘(i) prescribes regulations to carry out this 
subsection; or 
‘‘(ii) takes reasonable actions to notify em-
ployees who may file an election. 
‘‘(C) If an employee files an election under this 
paragraph, coverage shall be effective beginning on 
the first day of the first applicable pay period begin-
ning on or after the date of the filing of the election. 
‘‘(D) Paragraph (1) shall apply to an individual 
who is eligible to file an election under subparagraph 
(A) and does not file a timely election under sub-
paragraph (B). 
‘‘(3) The Secretary shall prescribe regulations 
to carry out this subsection. 
‘‘(i) ADDITIONAL PROVISIONS RELATING TO PER-
SONNEL MANAGEMENT.—
HR 2965 RFS 
(i) sales to Federal agencies pursuant 
to the status of Federal Prison Industries 
as a mandatory source of supply during 
the period fiscal year 1990 through fiscal 
year 2007; 
(ii) sales to Federal agencies of serv-
ices, both through non-competitive inter-
agency transfers and as a result of direct 
competition from private-sector offerors 
during the period fiscal year 1990 though 
fiscal year 2007; 
(iii) performance as a subcontrator to 
a Federal prime contractor or Federal sub-
contractor at a higher tier beginning in fis-
cal year 1990; 
(iv) introduction of inmate-furnished 
services into the commercial market, begin-
ning in the second quarter of fiscal year 
1998; 
(v) alternative inmate work opportuni-
ties, beginning in fiscal year 2007, pro-
vided by agreements with— 
(I) non-profit organizations, pur-
suant to section 4124a(b)(1) of title 
VerDate Aug 31 2005 
00:32 Sep 19, 2006
Jkt 049200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H2965.RFS
H2965
jcorcoran on PRODPC62 with BILLS
106TH CONGRESS
1ST SESSION
H. R. 1477
AN ACT
To withhold voluntary proportional assistance for
programs and projects of the International Atom-
ic Energy Agency relating to the development
and completion of the Bushehr nuclear power
plant in Iran, and for other purposes.
889 
‘‘(1) Subject to the requirements of chapter 71 
and the limitations in subsection (b)(3), the Sec-
retary of Defense, in establishing and implementing 
the National Security Personnel System under sub-
section (a), shall not be limited by any provision of 
this title or any rule or regulation prescribed under 
this title in establishing and implementing regula-
tions relating to— 
‘‘(A) the methods of establishing qualifica-
tion requirements for, recruitment for, and ap-
pointments to positions; and 
‘‘(B) the methods of assigning, reas-
signing, detailing, transferring, or promoting 
employees. 
‘‘(2) In implementing this subsection, the Sec-
retary shall comply with the provisions of section 
2302(b)(11), regarding veterans’ preference require-
ments, as provided for in subsection (b)(3). 
‘‘(j) PHASE-IN.—The Secretary may not, in any cal-
endar year, add any organizational or functional unit to 
the National Security Personnel System which would 
cause the total number of employees added to such System 
in such year to exceed 100,000.’’. 
(b) IMPLEMENTATION.—
890 
(1) The requirements of section 9902 of title 5, 
United States Code, as amended by this section, 
may be implemented through rules promulgated 
jointly by the Secretary of Defense and the Director 
of the Office of Personnel Management after notice 
and opportunity for public comment or through De-
partment of Defense rules or internal agency imple-
menting issuances. Rules promulgated jointly by the 
Secretary and the Director under this paragraph 
shall be treated as major rules for the purposes of 
section 801 of title 5, United States Code. 
(2) Both rules and implementing issuances shall 
be subject to collective bargaining consistent with 
the requirements of chapter 71 of title 5, United 
States Code. Rules promulgated jointly by the Sec-
retary of Defense and the Director of the Office of 
Personnel Management after notice and opportunity 
for public comment and in accordance with the re-
quirements of section 801 of such title 5 for a major 
rule shall be treated in the same manner as govern-
ment-wide rules for the purpose of such collective 
bargaining, if such rules are uniformly applicable to 
all organizational or functional units included in the 
National Security Personnel System.
891 
(3) Any rules and implementing issuances that 
were adopted prior to the date of the enactment of 
this Act— 
(A) shall be invalid to the extent that they 
are inconsistent with the requirements of sec-
tion 9902 of title 5, United States Code, as 
amended by this section; 
(B) shall not supersede a collective bar-
gaining agreement that was in place prior to 
the date on which the rule or implementing 
issuance was promulgated; and 
(C) shall be subject to collective bar-
gaining— 
(i) in the case of rules which are uni-
formly applicable to all organizational or 
functional units included in the National 
Security Personnel System and issued 
jointly by the Secretary of Defense and the 
Director of the Office of Personnel Man-
agement pursuant to subsection 9902(f)(1) 
of title 5, United States Code (as in effect 
prior to the enactment of this section), 
only as to impact and implementation, 
when applied to employees of the Depart-
ment of Defense from any bargaining unit;
430 
‘‘(i) IN GENERAL.—The require-
ments of this subparagraph are 
met if, under the arrangement, 
each employee eligible to partici-
pate in the arrangement is treat-
ed as having elected to have the 
employer make elective contribu-
tions in an amount equal to a 
qualified percentage of compensa-
tion. 
‘‘(ii) ELECTION OUT.—The elec-
tion treated as having been made 
under clause (i) shall cease to 
apply with respect to any em-
ployee if such employee makes an 
affirmative election— 
‘‘(I) to not have such con-
tributions made, or 
‘‘(II) to make elective con-
tributions at a level specified 
in such affirmative election. 
‘‘(iii) QUALIFIED PERCENTAGE.— 
For purposes of this subpara-
graph, the term ‘qualified per-
centage’ means, with respect to
431 
any employee, any percentage de-
termined under the arrangement 
if such percentage is applied uni-
formly, does not exceed 10 per-
cent, and is at least— 
‘‘(I) 3 percent during the 
period ending on the last day 
of the first plan year which 
begins after the date on which 
the first elective contribution 
described in clause (i) is made 
with 
respect 
to 
such 
em-
ployee, 
‘‘(II) 4 percent during the 
first plan year following the 
plan year described in sub-
clause (I), 
‘‘(III) 5 percent during the 
second plan year following 
the plan year described in 
subclause (I), and 
‘‘(IV) 6 percent during any 
subsequent plan year. 
‘‘(iv) AUTOMATIC DEFERRAL FOR 
CURRENT
EMPLOYEES
NOT
RE-
432 
QUIRED.—Clause (i) shall be ap-
plied without taking into account 
any employee who was eligible to 
participate in the arrangement 
(or a predecessor arrangement) 
immediately before the date on 
which such arrangement becomes 
a qualified automatic contribu-
tion 
arrangement 
(determined 
after application of this clause). 
‘‘(D) PARTICIPATION.— 
‘‘(i) IN GENERAL.—An arrange-
ment meets the requirements of 
this subparagraph for any year if, 
during the plan year or the pre-
ceding plan year, elective con-
tributions are made on behalf of 
at least 70 percent of the employ-
ees eligible to participate in the 
arrangement other than— 
‘‘(I) highly compensated 
employees, and 
‘‘(II) at the election of the 
plan administrator, employees
433 
described 
in 
subparagraph 
(C)(iv). 
‘‘(ii) FIRST PLAN YEAR.—An ar-
rangement (other than a suc-
cessor 
arrangement) 
shall 
be 
treated as meeting the require-
ments of this subparagraph with 
respect to the first plan year with 
respect to which such arrange-
ment is a qualified automatic con-
tribution 
arrangement 
(deter-
mined without regard to this sub-
paragraph). 
‘‘(E) MATCHING
OR
NONELECTIVE 
CONTRIBUTIONS.— 
‘‘(i) IN GENERAL.—The require-
ments of this subparagraph are 
met if, under the arrangement, 
the employer— 
‘‘(I) makes matching con-
tributions on behalf of each 
employee who is not a highly 
compensated employee in an 
amount equal to 50 percent of 
the elective contributions of
106TH CONGRESS
1ST SESSION
H. R. 1477
AN ACT
To withhold voluntary proportional assistance for programs
and projects of the International Atomic Energy Agency
relating to the development and completion of the
Bushehr nuclear power plant in Iran, and for other pur-
poses.
434 
the employee to the extent 
such elective contributions do 
not exceed 6 percent of com-
pensation, or 
‘‘(II) is required, without 
regard to whether the em-
ployee makes an elective con-
tribution or employee con-
tribution, to make a contribu-
tion to a defined contribution 
plan on behalf of each em-
ployee who is not a highly 
compensated 
employee 
and 
who is eligible to participate 
in the arrangement in an 
amount equal to at least 2 
percent 
of 
the 
employee’s 
compensation. 
‘‘(ii) APPLICATION OF RULES FOR 
MATCHING
CONTRIBUTIONS.—The 
rules of clauses (ii) and (iii) of 
paragraph (12)(B) shall apply for 
purposes of clause (i)(I). 
‘‘(iii) WITHDRAWAL AND VESTING 
RESTRICTIONS.—An 
arrangement
435 
shall not be treated as meeting 
the requirements of clause (i) un-
less, with respect to employer 
contributions (including match-
ing contributions) taken into ac-
count in determining whether the 
requirements of clause (i) are 
met— 
‘‘(I) any employee who has 
completed at least 2 years of 
service (within the meaning 
of section 411(a)) has a non-
forfeitable right to 100 per-
cent of the employee’s ac-
crued benefit derived from 
such employer contributions, 
and 
‘‘(II) the requirements of 
subparagraph 
(B) 
of 
para-
graph (2) are met with respect 
to all such employer contribu-
tions. 
‘‘(iv) APPLICATION
OF
CERTAIN 
OTHER
RULES.—The rules of sub-
paragraphs (E)(ii) and (F) of para-
436 
graph (12) shall apply for pur-
poses of subclauses (I) and (II) of 
clause (i). 
‘‘(F) NOTICE REQUIREMENTS.— 
‘‘(i) IN GENERAL.—The require-
ments of this subparagraph are 
met if, within a reasonable period 
before each plan year, each em-
ployee eligible to participate in 
the arrangement for such year re-
ceives written notice of the em-
ployee’s rights and obligations 
under the arrangement which— 
‘‘(I) is sufficiently accu-
rate and comprehensive to ap-
prise the employee of such 
rights and obligations, and 
‘‘(II) is written in a man-
ner calculated to be under-
stood by the average em-
ployee to whom the arrange-
ment applies. 
‘‘(ii) TIMING
AND
CONTENT
RE-
QUIREMENTS.—A notice shall not 
be treated as meeting the require-
437 
ments of clause (i) with respect to 
an employee unless— 
‘‘(I) the notice explains the 
employee’s right under the ar-
rangement to elect not to 
have 
elective 
contributions 
made on the employee’s be-
half (or to elect to have such 
contributions made at a dif-
ferent percentage), 
‘‘(II) in the case of an ar-
rangement under which the 
employee may elect among 2 
or more investment options, 
the notice explains how con-
tributions made under the ar-
rangement will be invested in 
the absence of any investment 
election by the employee, and 
‘‘(III) the employee has a 
reasonable 
period 
of 
time 
after receipt of the notice de-
scribed in subclauses (I) and 
(II) and before the first elec-
892 
(ii) in the case of any other rules or 
implementing issuances, to the extent pro-
vided in chapter 71 of title 5, United 
States Code. 
(4) The availability of judicial review of any 
rules or implementing issuances that were adopted 
prior to the date of the enactment of this Act shall 
not be affected by the enactment of this section. 
(c) COMPTROLLER GENERAL REVIEWS.— 
(1) The Comptroller General shall conduct an-
nual reviews in calendar years 2008, 2009 and 2010 
of— 
(A) employee satisfaction with the Na-
tional Security Personnel System established 
pursuant to section 9902 of title 5, United 
States Code, as amended by this section; and 
(B) the extent to which the Department of 
Defense has effectively implemented account-
ability mechanisms, including those established 
in section 9902(b)(7) of title 5, United States 
Code, and internal safeguards for the National 
Security Personnel System. 
(2) To the extent that the Department of De-
fense undertakes internal assessments or employee 
surveys to assess employee satisfaction with the Na-
106TH CONGRESS
1ST SESSION
H. R. 1480
AN ACT
To provide for the conservation and development of
water and related resources, to authorize the
United States Army Corps of Engineers to con-
struct various projects for improvements to rivers
and harbors of the United States, and for other
purposes.
893 
tional Security Personnel System in any such cal-
endar year, the Comptroller General shall— 
(A) determine whether such assessments or 
surveys are appropriately designed and statis-
tically valid; and 
(B) provide an independent evaluation of 
the results of such assessments or surveys. 
(3) To the extent that the Department of De-
fense does not undertake appropriately designed and 
statistically valid employee surveys, the Comptroller 
General shall conduct such a survey and provide an 
independent evaluation of the results. 
(4) The Comptroller General shall report the 
results of each annual review conducted under this 
subsection to the Committees on Armed Services of 
the Senate and the House of Representatives, the 
Committee on Homeland Security and Governmental 
Affairs of the Senate, and the Committee on Over-
sight and Government Reform of the House of Rep-
resentatives. 
SEC. 1107. REQUIREMENT FOR FULL IMPLEMENTATION OF 
PERSONNEL DEMONSTRATION PROJECT. 
(a) REQUIREMENT.—The Secretary of Defense shall 
take all necessary actions to fully implement and use the 
authorities provided to the Secretary under section 342(b)
HR 2965 RFS 
18, United States Code, as added by 
section 10(b), and section 10(c); 
(II) religious organizations, pur-
suant to section 4124a(b)(2) of title 
18, United States Code; 
(III) units of local governments, 
school districts, or other special pur-
pose districts, pursuant to section 
4124a(b)(3) of title 18, United States 
Code; 
(IV) 
work-based 
Employment 
Preparation Programs for Federal in-
mates, pursuant to section 4124b of 
title 18, United States Code, as added 
by section 11; or 
(V) other means. 
(3) OPPORTUNITY
FOR
PUBLIC
COMMENT.— 
The Comptroller General shall provide an oppor-
tunity for public comment on the proposed scope 
and methodology for the assessment required by 
paragraph (1), making such modifications in re-
sponse to such comments as he deems appropriate. 
(4) REPORTS AND RECOMMENDATIONS.— 
(A) IN GENERAL.—The Comptroller Gen-
eral shall submit to the Congress in accordance 
VerDate Aug 31 2005 
00:32 Sep 19, 2006
Jkt 049200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H2965.RFS
H2965
jcorcoran on PRODPC62 with BILLS
HR 2965 RFS 
with this subsection two interim reports and a 
final report of the assessment of implementa-
tion of the new authority, including such rec-
ommendations as the Comptroller General may 
deem appropriate. 
(B) INTERIM REPORTS.—The two interim 
reports shall encompass the assessment of the 
implementation of the new authority— 
(i) from the effective date of the au-
thority through the end of fiscal year 
2009; and 
(ii) from the effective date of the au-
thority through the end of fiscal year 
2012. 
(C) FINAL
REPORT.—The final report 
shall assess the implementation of the new au-
thority from the effective date of the authority 
through the end of fiscal year 2014. 
(D) 
SUBMISSION
TO
CONGRESS.—The 
Comptroller General shall submit the reports 
required by this paragraph within 6 months 
after the end of the fiscal years referred to in 
subparagraphs (B) and (C). 
VerDate Aug 31 2005 
00:32 Sep 19, 2006
Jkt 049200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H2965.RFS
H2965
jcorcoran on PRODPC62 with BILLS
475 
uted under the contract which is other-
wise includible in gross income under 
this subsection.’’. 
(3) Section 457(a) of such Code (relat-
ing to year of inclusion in gross income) 
is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) SPECIAL
RULE
FOR
HEALTH
AND 
LONG-TERM CARE INSURANCE.—In the case 
of a plan of an eligible employer de-
scribed in subsection (e)(1)(A), to the ex-
tent provided in section 402(l), paragraph 
(1) shall not apply to amounts otherwise 
includible in gross income under this 
subsection.’’. 
(c) EFFECTIVE
DATE.—The amendments 
made by this section shall apply to distribu-
tions in taxable years beginning after Decem-
ber 31, 2005.
Union Calendar No. 172 
109TH CONGRESS 
1ST SESSION 
H. R. 2830 
[Report No. 109–232, Parts I and II] 
A BILL 
To amend the Employee Retirement Income Secu-
rity Act of 1974 and the Internal Revenue Code 
of 1986 to reform the pension funding rules, and 
for other purposes. 
DECEMBER 6, 2005 
Reported from the Committee on Ways and Means with 
an amendment; committed to the Committee of the 
Whole House on the State of the Union and ordered 
to be printed
HR 2965 RFS 
(b) CONTINUED GOVERNANCE.—The members of the 
Board of Directors serving on the date of enactment of 
this Act, and the person selected by them as Chairman, 
shall continue to exercise the duties and responsibilities 
of the Board until the earlier of— 
(1) the date on which the President has ap-
pointed at least 6 members of the Board and des-
ignated a new Chairman, pursuant to section 4121 
of title 18, United States Code (as added by section 
12(a) of this Act); or 
(2) the date that is 365 days after the date of 
enactment of this Act. 
SEC. 13. MANAGEMENT MATTERS. 
(a) 
ADDITIONAL
FLEXIBILITIES.—Section 
4122(b)(3) of title 18, United States Code, is amended— 
(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; 
and 
(2) by adding at the end the following new 
paragraphs: 
‘‘(B) Federal Prison Industries may locate more than 
one workshop at a Federal correctional facility. 
‘‘(C) Federal Prison Industries may operate a work-
shop outside of a correctional facility if all of the inmates 
working in such workshop are classified as minimum secu-
rity inmates.’’. 
VerDate Aug 31 2005 
00:32 Sep 19, 2006
Jkt 049200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H2965.RFS
H2965
jcorcoran on PRODPC62 with BILLS
HR 2965 RFS 
(b) COST ACCOUNTING SYSTEM.— 
(1) ESTABLISHMENT.—Federal Prison Indus-
tries shall establish a cost accounting system that 
meets the requirements of part 30 (Cost Accounting 
Standards Administration) of the Federal Acquisi-
tion Regulation (48 C.F.R. part 30). The compliance 
of the cost accounting system with such standards 
shall be annually verified as part of the independent 
audit of Federal Prison Industries, Inc., pursuant to 
section 9106(b) of title 31, United States Code. 
(2) APPLICATION
OF
RELATED
PROVISION.— 
Section 4124(c)(2) of title 18, United States Code, 
shall apply when Federal Prison Industries has been 
found to have a complaint cost accounting system 
pursuant to paragraph (1). 
SEC. 14. TRANSITIONAL PERSONNEL MANAGEMENT AU-
THORITY. 
Any correctional officer or other employee of Federal 
Prison Industries being paid with nonappropriated funds 
who would be separated from service because of a reduc-
tion in the net income of Federal Prison Industries during 
any fiscal year specified in section 4(e)(1) shall be— 
(1) eligible for appointment (or reappointment) 
in the competitive service pursuant to title 5, United 
States Code; 
VerDate Aug 31 2005 
00:32 Sep 19, 2006
Jkt 049200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2965.RFS
H2965
jcorcoran on PRODPC62 with BILLS
900 
such event and the return of the employee from such event 
to the employee’s official duty station).’’. 
SEC. 1111. TRAVEL COMPENSATION FOR WAGE GRADE PER-
SONNEL. 
(a) ELIGIBILITY FOR COMPENSATORY TIME OFF FOR 
TRAVEL.—Section 5550b(a) of title 5, United States 
Code, is amended by striking ‘‘section 5542(b)(2),’’ and 
inserting ‘‘any provision of section 5542(b)(2) or 
5544(a),’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
5541(2)(xi) of such title is amended by striking ‘‘section 
5544’’ and inserting ‘‘section 5544 or 5550b’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the earlier of— 
(1) the effective date of any regulations pre-
scribed to carry out such amendments; or 
(2) the 90th day after the date of the enact-
ment of this Act. 
SEC. 1112. ACCUMULATION OF ANNUAL LEAVE BY SENIOR 
LEVEL EMPLOYEES. 
Section 6304(f)(1) of title 5, United States Code, is 
amended— 
(1) in the matter before subparagraph (A), by 
striking ‘‘in a position in—’’ and inserting ‘‘in—’’;