114 S2231 IS: To express the sense of Congress that the Government of the Maldives should immediately release former President Mohamed Nasheed from prison and release all other political prisoners in the country, as well as guarantee due process for and respect the human rights of all of the people of the Maldives.
U.S. Senate
2015-11-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		114th CONGRESS1st Session
		S. 2231
		IN THE SENATE OF THE UNITED STATES

			November 3, 2015
			Mr. Leahy (for himself, Mr. Durbin, Mr. Murphy, Mr. McCain, Mr. Reed, Mr. Whitehouse, Mr. Blumenthal, Mr. Peters, Mr. Rubio, Mr. Menendez, Mr. Cardin, Mr. Coons, Mr. Markey, and Mrs. Feinstein) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

		A BILL
		To express the sense of Congress that the Government of the Maldives should immediately release
			 former
			 President Mohamed Nasheed from prison and release all other
			 political
			 prisoners in
			 the country, as well as guarantee due process for and respect the human
			 rights of all of the people of the Maldives.

		1.Sense of Congress on politically motivated detentions and human rights abuses in the Maldives
 (a)FindingsCongress makes the following findings: (1)The Maldives is strategically important due to its location, which straddles major trade routes in the Indian Ocean.
 (2)Increasing human rights violations in the Maldives fuel instability and pose a threat to regional security.
 (3)Since January 2015, President Abdulla Yameen of the Maldives has increasingly cracked down on dissent within his own party and the political opposition, presided over the erosion of judicial impartiality, and put increasing pressure on civil society.
 (4)The arrest of former President Mohamed Nasheed in March 2015 was widely condemned as politically motivated, and his conviction and sentence of 13 years in prison has been condemned by Amnesty International as a travesty of justice.
 (5)In his speech in Sri Lanka on May 2, 2015, Secretary of State John Kerry stated, [W]e've seen even now how regrettably there are troubling signs that democracy is under threat in the Maldives where the former President Nasheed has been imprisoned without due process. And that is an injustice that must be addressed soon.
 (6)On September 14, 2015, in his opening statement at the 30th session of the United Nations Human Rights Council, United Nations High Commissioner for Human Rights Zeid Ra'ad said, In the Maldives, the rule of law continues to be manipulated for political ends. He also stated, in reference to former President Mohamed Nasheed’s detention, Given the deeply tainted nature of this case, I urge the Government to release him, and to review several hundred pending criminal cases against opposition supporters in relation to protests in recent months.
 (b)Sense of CongressIt is the sense of Congress that the Government of the Maldives should immediately release former President Nasheed from prison and release all other political prisoners in the country, as well as guarantee due process for and respect the human rights of all of the people of the Maldives.


117 HR 1148 IH: Cable Access for Broadband and Local Economic Leadership Act
U.S. House of Representatives
2021-02-18
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 1148IN THE HOUSE OF REPRESENTATIVESFebruary 18, 2021Mr. Long introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Communications Act of 1934 to preserve cable franchising authority, and for other purposes.1.Short titleThis Act may be cited as the Cable Access for Broadband and Local Economic Leadership Act or the CABLE Leadership Act.2.Request for new franchiseSection 621 of the Communications Act of 1934 (47 U.S.C. 541) is amended by adding at the end the following:(g)Timing of decision on request for franchise(1)In generalNot later than 120 days after the date on which a franchising authority receives a complete request for the grant of a franchise (other than a renewal thereof), the franchising authority shall approve or deny such request.(2)Deemed grant of new franchiseIf the franchising authority does not approve or deny a request under paragraph (1) by the day after the date on which the time period ends under such paragraph, such request shall be deemed granted on such day.(3)ApplicabilityNotwithstanding any provision of this title, the timeframe under paragraph (1) shall apply collectively to all proceedings required by a franchising authority for the approval of the request. (4)No tollingA timeframe under paragraph (1) may not be tolled by any moratorium, whether express or de facto, imposed by a franchising authority on the consideration of any request for a franchise. (5)Written decision and recordAny decision by a franchising authority to deny a complete request for a franchise shall be—(A)in writing;(B)supported by substantial evidence contained in a written record; and(C)publicly released, contemporaneously with the decision. (6)When request considered complete; received(A)When request considered complete(i)In generalFor the purposes of this subsection, a request to a franchising authority shall be considered complete if the requesting party has not received a written notice from the franchising authority within 10 business days after the date on which the request is received by the franchising authority—(I)stating that all the information (including any form or other document) required by the franchising authority to be submitted for the request to be considered complete has not been submitted; and(II)identifying the information required to be submitted that was not submitted.(ii)DefinitionIn this paragraph, the term received by the franchising authority means—(I)in the case of a request submitted electronically, on the date on which the request is transmitted;(II)in the case of a request submitted in person, on the date on which the request is delivered to the individual or at the location specified by franchising authority for in-person submission; and(III)in the case of a request submitted in any other manner, on the date determined under regulations promulgated by the Commission for the manner in which the request is submitted.(B)When complete request considered receivedFor the purposes of this subsection, a complete request shall be considered received on the date on which the requesting party submits to the franchising authority all information (including any form or other document) required by the franchising authority to be submitted for the request to be considered complete..


		110th CONGRESS
		2d Session
		S. 3521
		IN THE SENATE OF THE UNITED
		  STATES
		AN ACT
		To designate the facility of the United
		  States Postal Service located at 95 Dogwood Street in Cary, Mississippi, as the
		  Spencer Byrd Powers, Jr. Post Office.

		1.Spencer Byrd Powers, Jr. Post
			 Office
			(a)DesignationThe facility of the United States Postal
			 Service located at 95 Dogwood Street in Cary, Mississippi, shall be known and
			 designated as the Spencer Byrd Powers, Jr. Post Office.
			(b)ReferencesAny 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 Spencer
			 Byrd Powers, Jr. Post Office.

			Passed the Senate October 2 (legislative day, September 17),
			 2008.

			Secretary


		II
		110th CONGRESS
		1st Session
		S. 1541
		IN THE SENATE OF THE UNITED STATES

			June 5, 2007
			Mr. Vitter introduced
			 the following bill; which was read twice and referred to the
			 Committee on Homeland Security and
			 Governmental Affairs

		A BILL
		To allow for expanded uses of funding allocated to
		  Louisiana under the hazard mitigation program while preserving the goals of the
		  program to reduce future damage from disasters through
		  mitigation.

		1.Short
			 titleThis Act may be cited as
			 the Providing for Commonsense
			 Rebuilding Act of 2007.
		2.Prohibition of
			 restriction on use of amounts
			(a)In
			 generalSubject to subsection (b), and notwithstanding any other
			 provision of law, the Administrator of the Federal Emergency Management Agency
			 shall not prohibit the use by the State of Louisiana under the Road Home
			 Program of that State of any amounts described in subsection (c), based upon
			 the existence or extent of any requirement or condition under that program
			 that—
				(1)limits the amount
			 made available to an eligible homeowner who does not agree to remain an owner
			 and occupant of a home in Louisiana; or
				(2)waives the
			 applicability of any limitation described in paragraph (1) for eligible
			 homeowners who are elderly or senior citizens.
				(b)Savings
			 provisionExcept as provided in subsection (a), section 404 of
			 the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
			 5170c) shall apply to amounts described in subsection (c) that are used by the
			 State of Louisiana under the Road Home Program of that State.
			(c)Covered
			 amountsThe amounts described in this subsection are any amounts
			 provided to the State of Louisiana because of Hurricane Katrina of 2005 or
			 Hurricane Rita of 2005 under the hazard mitigation grant program of the Federal
			 Emergency Management Agency under section 404 of the Robert T. Stafford
			 Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c).


116 S154 IS: Department of Veterans Affairs Contract, Leadership, and Ensuring Accountability and Reform Act of 2019
U.S. Senate
2019-01-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		II
		116th CONGRESS1st Session
		S. 154
		IN THE SENATE OF THE UNITED STATES

			January 16, 2019
			Mr. Tester (for himself, Mr. Blumenthal, Ms. Baldwin, Mrs. Murray, Mr. Kaine, Mr. Bennet, and Ms. Sinema) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs

		A BILL
		To amend title 38, United States Code, to improve oversight of contracts for services and financial
			 processes of the Department of Veterans Affairs, and for other purposes.

		1.Short title
 This Act may be cited as the Department of Veterans Affairs Contract, Leadership, and Ensuring Accountability and Reform Act of 2019 or the VA CLEAR Act of 2019.
		2.Improving oversight of contracts for services of the Department of Veterans Affairs
 (a)In generalSection 513 of title 38, United States Code, is amended— (1)in the first sentence, by striking The Secretary may, for and inserting the following:

 (a)In generalThe Secretary may, for; and (2)by adding at the end the following new subsection:

 (b)Contract requirementsThe Secretary shall ensure that each contract for a service into which the Secretary enters under subsection (a) includes the following:
 (1)Measurable metrics to ascertain the performance of the provider of the service, relating to cost, schedule, and fulfillment of contract requirements.
 (2)A plan of action and milestones for the provision of the service, with estimates of the dates on which significant portions of the contract will be completed and a description of the resources the service provider will assign to provide the service.
 (3)Safeguards to ensure that the service provided meets a minimum threshold of quality determined by the Secretary, including authority for the Secretary to levy a financial penalty upon the service provider if the service provided fails to meet such threshold.
 (4)Measurable metrics relating to the use of award or incentive fees. (5)A requirement that the service provider documents through information technology systems of the Department the work of the service provider so that the Secretary can review and validate the quality of the service provided using the metrics set forth in the contract under paragraph (1).
 (c)Reporting requirements(1)For each contract for a service into which the Secretary enters under subsection (a)— (A)not later than 45 days after the last day of each quarter for the duration of the contract, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives—
 (i)a report on the service provided under the contract and an assessment as to how such service compares with respect to the metrics set forth in the contract under subsection (b)(1); and
 (ii)a report that details the significant modifications made to the contract, if any, and a justification for such modifications; and
 (B)publish on the internet website of the Department information about the contract and the significant modifications made to the contract, if any.
 (2)Whenever the Secretary provides notice to a service provider that the service provider is failing to meet obligations pursuant to a contract entered under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on such failure that includes the following:
 (A)An explanation of the reasons for providing such notice. (B)A description of the effect of such failure, including with respect to cost, schedule, and requirements.
 (C)A description of the actions taken by the Secretary to mitigate such failure. (D)A description of the actions taken by the contractor to address such failure.
								.
 (b)Effective dateSubsections (b) and (c) of section 513 of such title, as added by subsection (a), shall take effect on the date of the enactment of this Act.
			(c)Applicability
 (1)In generalSubsections (b) and (c) of such section, as so added, shall apply with respect to contracts entered into by the Secretary of Veterans Affairs on or after the date that is one year before the date of the enactment of this Act.
 (2)Certain reporting requirementsSubsection (c)(1)(A) of such section, as so added, shall apply with respect to quarters that begin after the date of the enactment of this Act.
				3.Heightened oversight for contracts for services of the Department of Veterans Affairs of more than
			 $2,000,000,000
 (a)In generalSection 513 of title 38, United States Code, as amended by section 2, is further amended by adding at the end the following new subsections:

 (d)Justification and plan for certain contractsIn each case of a contract for a service into which the Secretary enters under subsection (a) that would result in the Department incurring an obligation of more than $2,000,000,000, not later than 20 days after the date of the contract award, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives—
 (1)a justification of the need for the contract, including an explanation of why the Department is unable to perform the service; and
 (2)a plan for how the Department will fund the contract in future years. (e)Review of certain contractsIn each case of a contract for a service into which the Secretary enters under subsection (a) that would result in the Department incurring an obligation of more than $2,000,000,000, after the first year of service of such contract, the Inspector General of the Department and the Comptroller General of the United States shall each complete a review of the contract—
 (1)to determine whether the metrics included in the contract were met; and (2)to review the appropriateness of funds expended for the contract.
						.
 (b)Effective dateSubsections (d) and (e) of section 513 of such title, as added by subsection (a), shall take effect on the date of the enactment of this Act.
			(c)Applicability
 (1)In generalSubsections (d) and (e) of such section, as so added, shall apply with respect to contracts entered into by the Secretary of Veterans Affairs on or after the date that is one year before the date of the enactment of this Act.
 (2)Justification and plan for certain contractsWith respect to contracts described in subsection (d) of such section, as so added, that were entered into by the Secretary on or before the date of the enactment of this Act, the Secretary shall submit the justification and plan required by such subsection not later than 20 days after the date of the enactment of this Act in lieu of 20 days after the date of the contract award as otherwise required by such subsection.
				4.Oversight and accountability of financial processes of the Department of Veterans Affairs
			(a)Independent review of financial processes
 (1)In generalNot later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall enter into a contract with an independent third party—
 (A)to review and audit the financial processes, including reporting structures, and actuarial and estimation models of the Department of Veterans Affairs;
 (B)to develop recommendations for improving such structures; and (C)to complete such review and development not later than 180 days after the date on which the Secretary and the independent third party enter into the contract.
 (2)Implementation planNot later than 60 days after the completion of the review and development required by paragraph (1), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a plan to implement the recommendations developed under subparagraph (B) of such paragraph.
 (b)Plans for use of supplemental appropriations requiredWhenever the Secretary submits to Congress, to address a budgetary issue affecting the Department of Veterans Affairs, a request for supplemental appropriations or any other appropriation when the request is submitted outside the standard budget process, the Secretary shall, not later than 45 days before the date on which such budgetary issue would start affecting a program or service, submit to Congress a justification for the request, including—
 (1)a plan that details how the Secretary intends to use the requested appropriation and how long the requested appropriation is expected to meet the needs of the Department; and
 (2)a certification as to whether the request was made using an updated and sound actuarial analysis.
 5.Testimonial subpoena authority of the Inspector General of the Department of Veterans AffairsSection 312 of title 38, United States Code, is amended by adding at the end the following new subsection:

				(c)(1)(A)
 In addition to the authority otherwise provided by the Inspector General Act of 1978 (5 U.S.C. App.) and in accordance with the requirements of this subsection, the Inspector General, in carrying out the provisions of this section, may require by subpoena the attendance and testimony of witnesses as necessary in the performance of the functions assigned to the Inspector General by the Inspector General Act of 1978 (5 U.S.C. App.) and this section, which in the case of contumacy or refusal to obey, such subpoena shall be enforceable by order of any appropriate district court of the United States.
 (B)An Inspector General may not require by subpoena the attendance and testimony of any current Federal employees, but may use other authorized procedures.
 (2)The authority to issue a subpoena under paragraph (1) may not be delegated. (3)(A)If the Inspector General intends to issue a subpoena, the Inspector General shall notify the Attorney General of such intent.
 (B)Not later than 10 days after the date on which the Attorney General is notified pursuant to paragraph (1), the Attorney General may object to the issuance of the subpoena if the subpoena will interfere with an ongoing investigation and, if the Attorney General makes such an objection, the Inspector General may not issue the subpoena.
 (C)If the Attorney General does not object to the issuance of the subpoena during the 10-day period described in subparagraph (B), the Inspector General may issue the subpoena.
						.
		6.Centralized systems for certain records of the Department of Veterans Affairs
 (a)Administrative investigation boardsThe Secretary of Veterans Affairs shall implement a centralized system in which completed reviews of administrative investigation boards are recorded and maintained.
 (b)Referrals of clinicians to licensing boardsThe Under Secretary for Health of the Department of Veterans Affairs shall implement a centralized system for tracking instances in which the Department has referred a clinician to the licensing board of a State because of the behavior of the clinician or clinical outcomes.


116 HR 6135 IH: No More Narrow Networks Act of 2020
U.S. House of Representatives
2020-03-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 6135IN THE HOUSE OF REPRESENTATIVESMarch 9, 2020Ms. Schakowsky introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Patient Protection and Affordable Care Act to require Exchanges to establish network adequacy standards for qualified health plans.1.Short titleThis Act may be cited as the No More Narrow Networks Act of 2020.2.Requiring Exchanges to establish network adequacy standards for qualified health plans(a)In generalSection 1311(d) of the Patient Protection and Affordable Care Act (42 U.S.C. 18031(d)) is amended by adding at the end the following new paragraph:(8)Network adequacy standards(A)Certain ExchangesIn the case of an Exchange operated by the Secretary pursuant section 1321(c)(1) or an Exchange described in section 155.200(f) of title 42, Code of Federal Regulations (or a successor regulation), the Exchange shall require each qualified health plan offered through such Exchange to meet such quantitative network adequacy standards as the Secretary may prescribe for purposes of this subparagraph.(B)State ExchangesIn the case of an Exchange not described in subparagraph (A), the Exchange shall establish quantitative network adequacy standards with respect to qualified health plans offered through such Exchange and require such plans to meet such standards.(C)PreemptionNothing in subparagraph (A) shall be construed to preempt any State law to the extent that such law provides for network adequacy standards applicable to a qualified health plan offered through an Exchange described in such subparagraph that are greater than such standards prescribed pursuant to such subparagraph..(b)Effective dateThe amendment made by this section shall apply with respect to plan years beginning on or after January 1, 2021.


109 HR 621 IH: Guardsmen and Reservists Financial Relief Act of 2005
U.S. House of Representatives
2005-02-08
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS
1st Session
H. R. 621
IN THE HOUSE OF REPRESENTATIVES

February 8, 2005
Mr. Beauprez (for himself and Mr. Barrett of South Carolina) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL
To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from retirement plans during the period that a military reservist or national guardsman is called to active duty for an extended period, and for other purposes.

1.Short titleThis Act may be cited as the Guardsmen and Reservists Financial Relief Act of 2005.
2.Penalty-free withdrawals from retirement plans for individuals called to active duty for at least 179 days
(a)In generalParagraph (2) of section 72(t) of the Internal Revenue Code of 1986 (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended by adding at the end the following new subparagraph:

(G)Distributions from retirement plans to individuals called to active duty
(i)In generalAny qualified reservist distribution.
(ii)Amount distributed may be repaidAny individual who receives a qualified reservist distribution may, at any time during the 2-year period beginning on the day after the end of the active duty period, make one or more contributions to an individual retirement plan of such individual in an aggregate amount not to exceed the amount of such distribution. The dollar limitations otherwise applicable to contributions to individual retirement plans shall not apply to any contribution made pursuant to the preceding sentence. No deduction shall be allowed for any contribution pursuant to this clause.
(iii)Qualified reservist distributionFor purposes of this subparagraph, the term qualified reservist distribution means any distribution to an individual if—
(I)such distribution is from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii),
(II)such individual was (by reason of being a member of a reserve component (as defined in section 101 of title 37, United States Code)), ordered or called to active duty for a period in excess of 179 days or for an indefinite period, and
(III)such distribution is made during the period beginning on the date of such order or call and ending at the close of the active duty period.
(iv)Application of subparagraphThis subparagraph applies to individuals ordered or called to active duty after September 11, 2001, and before September 12, 2007. In no event shall the 2-year period referred to in clause (ii) end before the date which is 2-years after the date of the enactment of this subparagraph..
(b)Conforming amendments
(1)Section 401(k)(2)(B)(i) of such Code is amended by striking or at the end of subclause (III), by striking and at the end of subclause (IV) and inserting or, and by inserting after subclause (IV) the following new subclause:

(V)the date on which a period referred to in section 72(t)(2)(G)(iii)(III) begins, and.
(2)Section 403(b)(7)(A)(ii) of such Code is amended by inserting unless such amount is a distribution to which section 72(t)(2)(G) applies or after distributee.
(3)Section 403(b)(11) of such Code is amended by striking or at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting , or, and by inserting after subparagraph (B) the following new subparagraph:

(C)for distributions to which section 72(t)(2)(G) applies..
(c)Effective date; waiver of limitations
(1)Effective dateThe amendment made by this section shall apply to distributions after September 11, 2001.
(2)Waiver of limitationsIf refund or credit of any overpayment of tax resulting from the amendments made by this section is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period.


109 HR 4044 IH: Rapid Response Border Protection Act of 2005
U.S. House of Representatives
2005-10-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
109th CONGRESS 1st Session
H. R. 4044
IN THE HOUSE OF REPRESENTATIVES

October 7, 2005
Ms. Jackson-Lee of Texas introduced the following bill; which was referred to the Committee on Homeland Security, and in addition to the Committees on Government Reform and Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL
To provide for more efficient and effective protection of the borders of the United States.

1.Short title; table of contents
(a)Short titleThis Act may be cited as the Rapid Response Border Protection Act of 2005.
(b)Table of contentsThe table of contents for this Act is as follows:

Sec. 1. Short title
Title I—Rapid response measures
Sec. 101. Emergency deployment of United States Border Patrol agents
Sec. 102. Elimination of fixed deployment of United States Border Patrol agents
Sec. 103. Helicopters and power boats
Sec. 104. Control of United States United States Border Patrol assets
Sec. 105. Motor vehicles
Sec. 106. Portable computers
Sec. 107. Radio communications
Sec. 108. Hand-held global positioning system devices
Sec. 109. Night vision equipment
Sec. 110. Border armor
Sec. 111. Weapons
Sec. 112. Uniforms
Title II—Detention pending removal
Sec. 201. Detention facilities for aliens arrested for illegal entry
Title III—Recruitment and retention of additional immigration law enforcement personnel
Sec. 301. Additional United States Border Patrol agents
Sec. 302. Provisions relating to the exercise of certain appointment and other similar authorities with respect to the United States Border Patrol
Sec. 303. Training facilities
Sec. 304. Operational facilities
Sec. 305. Maximum student loan repayments for United States Border Patrol agents
Sec. 306. Recruitment and relocation bonuses and retention allowances for personnel of the Department of Homeland Security
Sec. 307. Repeal of the Department of Homeland Security human resources management system
Sec. 308. Establishment of specialized inspector occupations
Sec. 309. Increase in inspectors at airport and land border inspection stations
Sec. 310. Law enforcement retirement coverage for inspection officers and other employees
Sec. 311. Reestablishment of the United States Border Patrol anti-smuggling unit
Sec. 312. Establishment of specialized criminal investigator occupations
Sec. 313. Establishment of career paths to criminal investigator positions
Sec. 314. Additional immigration enforcement agents
Sec. 315. Increase United States Border Patrol agent and inspector pay
Sec. 316. Fair Labor Standards Act overtime
Title IV—Enforcement tools to diminish entries using fraudulent documents and commercial alien smuggling
Sec. 401. Foreign language training
Sec. 402. Foreign language awards
Sec. 403. Additional personnel for investigation of fraudulent schemes and document fraud
Sec. 404. Establish a special task force for coordinating and distributing information on fraudulent immigration documents
Sec. 405. New nonimmigrant visa classification to enable informants to enter the United States and remain temporarily
Sec. 406. Adjustment of status when needed to protect informants
Sec. 407. Rewards program
Sec. 408. Outreach program
IRapid response measures
101.Emergency deployment of United States Border Patrol agents
(a)In generalIf the Governor of a State on an international border of the United States declares an international border security emergency and requests additional United States Border Patrol agents from the Secretary of Homeland Security, the Secretary is authorized, subject to subsections (b) and (c), to provide the State with up to 1,000 additional United States Border Patrol agents for the purpose of patrolling and defending the international border, in order to prevent individuals from crossing the international border and entering the United States at any location other than an authorized port of entry.
(b)ConsultationThe Secretary of Homeland Security shall consult with the President upon receipt of a request under subsection (a), and shall grant it to the extent that providing the requested assistance will not significantly impair the Department of Homeland Security’s ability to provide border security for any other State.
(c)Collective bargainingEmergency deployments under this section shall be made in conformance with all collective bargaining agreements and obligations.
102.Elimination of fixed deployment of United States Border Patrol agentsThe Secretary of Homeland Security shall ensure that no United States Border Patrol agent is precluded from performing patrol duties and apprehending violators of law, except in unusual circumstances where the temporary use of fixed deployment positions is necessary.
103.Helicopters and power boats
(a)In generalThe Secretary of Homeland Security shall increase by not less than 100 the number of United States Border Patrol helicopters, and shall increase by not less than 250 the number of United States Border Patrol power boats. The Secretary of Homeland Security shall ensure that appropriate types of helicopters are procured for the various missions being performed. The Secretary of Homeland Security also shall ensure that the types of power boats that are procured are appropriate for both the waterways in which they are used and the mission requirements.
(b)Use and trainingThe Secretary of Homeland Security shall establish an overall policy on how the helicopters and power boats described in subsection (a) will be used and implement training programs for the agents who use them, including safe operating procedures and rescue operations.
104.Control of United States United States Border Patrol assetsThe United States Border Patrol shall have complete and exclusive administrative and operational control over all the assets utilized in carrying out its mission, including, aircraft, watercraft, vehicles, detention space, transportation, and all of the personnel associated with such assets.
105.Motor vehiclesThe Secretary of Homeland Security shall establish a fleet of motor vehicles appropriate for use by the United States Border Patrol that will permit a ratio of at least one police-type vehicle per every 3 United States Border Patrol agents. Additionally, the Secretary of Homeland Security shall ensure that there are sufficient numbers and types of other motor vehicles to support the mission of the United States Border Patrol. All vehicles will be chosen on the basis of appropriateness for use by the United States Border Patrol, and each vehicle shall have a “panic button” and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of an agent in distress. The police-type vehicles shall be replaced at least every 3 years.
106.Portable computersThe Secretary of Homeland Security shall ensure that each police-type motor vehicle in the fleet of the United States Border Patrol is equipped with a portable computer with access to all necessary law enforcement databases and otherwise suited to the unique operational requirements of the United States Border Patrol.
107.Radio communicationsThe Secretary of Homeland Security shall augment the existing radio communications system so all law enforcement personnel working in every area where United States Border Patrol operations are conducted have clear and encrypted two-way radio communication capabilities at all times. Each portable communications device shall be equipped with a “panic button” and a global positioning system device that is activated solely in emergency situations for the purpose of tracking the location of the agent in distress.
108.Hand-held global positioning system devicesThe Secretary of Homeland Security shall ensure that each United States Border Patrol agent is issued a state-of-the-art hand-held global positioning system device for navigational purposes.
109.Night vision equipmentThe Secretary of Homeland Security shall ensure that sufficient quantities of state-of-the-art night vision equipment are procured and maintained to enable each United States Border Patrol agent working during the hours of darkness to be equipped with a portable night vision device.
110.Border armorThe Secretary of Homeland Security shall ensure that every United States Border Patrol agent is issued high-quality body armor that is appropriate for the climate and risks faced by the individual officer. Each officer shall be allowed to select from among a variety of approved brands and styles. Officers shall be strongly encouraged, but not mandated, to wear such body armor whenever practicable. All body armor shall be replaced at least every 5 years.
111.WeaponsThe Secretary of Homeland Security shall ensure that United States Border Patrol agents are equipped with weapons that are reliable and effective to protect themselves, their fellow officers, and innocent third parties from the threats posed by armed criminals. In addition, the Secretary shall ensure that the Department’s policies allow all such officers to carry weapons that are suited to the potential threats that they face.
112.UniformsThe Secretary of Homeland Security shall ensure that all United States Border Patrol agents are provided with all necessary uniform items, including outerwear suited to the climate, footwear, belts, holsters, and personal protective equipment, at no cost to such agents. Such items shall be replaced at no cost to such agents as they become worn, unserviceable, or no longer fit properly.
IIDetention pending removal
201.Detention facilities for aliens arrested for illegal entry The Secretary of Homeland Security shall make arrangements for the availability of 100,000 additional beds for detaining aliens taken into custody by immigration officials. Some of these beds shall be rented from Federal, State, and local detention facilities. The remainder of the 100,000 shall be constructed to meet this demand on a temporary basis and then converted to other use when they are no longer needed as detention facilities.
IIIRecruitment and retention of additional immigration law enforcement personnel
301.Additional United States Border Patrol agentsThe Secretary of Homeland Security shall increase the number of United States Border Patrol agents by—
(1)2,500 in fiscal year 2006;
(2)2,750 in fiscal year 2007;
(3)3,000 in fiscal year 2008;
(4)3,250 in fiscal year 2009; and
(5)3,500 in fiscal year 2010.
302.Provisions relating to the exercise of certain appointment and other similar authorities with respect to the United States Border Patrol
(a)In generalNotwithstanding any other provision of law—
(1)all authority described in subsection (b) that (but for this section) would otherwise be vested in the Secretary of Homeland Security shall instead be vested in the head of the United States Border Patrol;
(2) an individual may not be appointed or continue to serve as the head of the United States Border Patrol if, at the time of appointment, such individual has not completed at least 20 years of service, within the competitive service (as defined by section 2102 of title 5, United States Code), as a United States Border Patrol agent; and
(3)all activities described in subsection (b) shall be considered inherently Governmental functions and may not be carried out by any persons other than employees of the United States Border Patrol.
(b)Authorities describedThis section applies with respect to any authority relating to the recruitment, selection, and appointment of applicants (including the conducting of any investigation necessary to approve or grant security clearances) for United States Border Patrol agents, law enforcement officers (other than United States Border Patrol agents), and such other positions within the United States Border Patrol as the head of the United States Border Patrol may by regulation determine.
(c)RegulationsThe head of the United States Border Patrol shall by regulation identify the specific authorities, including citations to the relevant provisions of law, rule, or regulation, to which this section applies.
303.Training facilitiesThe Secretary of Homeland Security shall ensure that the training facilities used to train newly-hired United States Border Patrol agents are sufficiently spacious and modern to ensure that all recruits are afforded the highest possible quality training, as well as reasonably comfortable living conditions. All dormitories shall be constructed so that each trainee is housed in separate quarters. Moreover, the Secretary shall ensure that the training sites selected contains adequate housing for all permanent and temporary instructors within the local commuting area.
304.Operational facilitiesThe Secretary of Homeland Security shall ensure that all operational facilities of the United States Border Patrol are well-equipped and sufficiently spacious and modern to enable all of the personnel assigned to such facilities to efficiently accomplish the agency’s mission.
305.Maximum student loan repayments for United States Border Patrol agentsSection 5379(b) of title 5, United States Code, is amended by adding at the end the following:

(4)In the case of an employee (otherwise eligible for benefits under this section) who is serving as a full-time active-duty United States Border Patrol agent within the Department of Homeland Security—
(A)paragraph (2)(A) shall be applied by substituting $20,000 for $10,000; and
(B)paragraph (2)(B) shall be applied by substituting $80,000 for $60,000..
306.Recruitment and relocation bonuses and retention allowances for personnel of the Department of Homeland SecurityThe Secretary of Homeland Security shall ensure that the authority to pay recruitment and relocation bonuses under section 5753 of title 5, United States Code, the authority to pay retention bonuses under section 5754 of such title, and any other similar authorities available under any other provision of law, rule, or regulation, are exercised to the fullest extent allowable in order to encourage service in the Department of Homeland Security.
307.Repeal of the Department of Homeland Security human resources management system
(a)Repeal
(1)In generalEffective as of the date specified in section 4 of the Homeland Security Act of 2002 (6 U.S.C. 101 note), chapter 97 of title 5, United States Code (as added by section 841(a)(2) of such Act), section 841(b)(3) of such Act, and subsections (c) and (e) of section 842 of such Act are repealed.
(2)RegulationsAny regulations prescribed under authority of chapter 97 of title 5, United States Code, are void ab initio.
(b)Nullification of previous exclusionsEffective as of the date of the enactment of this Act, all previous determinations as to whether—
(1)an agency or subdivision of the Department of Homeland Security (or a predecessor agency or subdivision transferred into the Department) is excluded from coverage under chapter 71 of title 5, United States Code,
(2)a unit or subdivision of a unit within the Department of Homeland Security (or a predecessor agency or subdivision transferred into the Department) is not appropriate for representation by a labor organization under such chapter, or
(3)an employee or position within the Department of Homeland Security (or a predecessor agency or subdivision transferred into the Department) is within a unit that is not appropriate for representation by a labor organization under such chapter,are null and void, except to the extent that such determinations were made in accordance with the criteria outlined in paragraph (1), (2), (3), (4), or (7) of section 7112(b) of such title 5.
(c)Clerical amendmentThe table of chapters for part III of title 5, United States Code, is amended by striking the item relating to chapter 97.
308.Establishment of specialized inspector occupationsThe Secretary of Homeland Security shall establish within the Bureau of Customs and Border Protection 3 distinct inspectional occupations: immigration, customs, and agriculture. These divisions shall coordinate closely with each other under the direction of a high-level official within the Bureau, but shall report to separate operational chains of command.
309.Increase in inspectors at airport and land border inspection stationsIn each of the fiscal years 2007 through 2011, the Secretary of Homeland Security shall increase by not less than 1,000 the number of positions for full-time active duty immigration inspectors at airport and land border inspection stations within the Department of Homeland Security above the number of such positions for which funds were allotted for the preceding fiscal year.
310.Law enforcement retirement coverage for inspection officers and other employees
(a)Amendments
(1)Federal Employees’ Retirement System
(A)Paragraph (17) of section 8401 of title 5, United States Code, is amended by striking and at the end of subparagraph (C), and by adding at the end the following:

(E)an employee (not otherwise covered by this paragraph)—
(i)the duties of whose position include the investigation or apprehension of individuals suspected or convicted of offenses against the criminal laws of the United States; and
(ii)who is authorized to carry a firearm; and
(F)an employee of the Internal Revenue Service, the duties of whose position are primarily the collection of delinquent taxes and the securing of delinquent returns;.
(B)Conforming amendmentSection 8401(17)(C) of title 5, United States Code, is amended by striking (A) and (B) and inserting (A), (B), (E), and (F).
(2)Civil Service Retirement SystemParagraph (20) of section 8331 of title 5, United States Code, is amended by inserting after position. (in the matter before subparagraph (A)) the following: For the purpose of this paragraph, the employees described in the preceding provision of this paragraph (in the matter before including) shall be considered to include an employee, not otherwise covered by this paragraph, who satisfies clauses (i)–(ii) of section 8401(17)(E) and an employee of the Internal Revenue Service the duties of whose position are as described in section 8401(17)(F)..
(3)Effective dateExcept as provided in subsection (b), the amendments made by this subsection shall take effect on the date of the enactment of this Act, and shall apply only in the case of any individual first appointed (or seeking to be first appointed) as a law enforcement officer (within the meaning of those amendments) on or after such date.
(b)Treatment of service performed by incumbents
(1)Law enforcement officer and service described
(A)Law enforcement officerAny reference to a law enforcement officer described in this paragraph refers to an individual who satisfies the requirements of section 8331(20) or 8401(17) of title 5, United States Code (relating to the definition of a law enforcement officer) by virtue of the amendments made by subsection (a).
(B)ServiceAny reference to service described in this paragraph refers to service performed as a law enforcement officer (as described in this paragraph).
(2)Incumbent definedFor purposes of this subsection, the term incumbent means an individual who—
(A)is first appointed as a law enforcement officer (as described in paragraph (1)) before the date of the enactment of this Act; and
(B)is serving as such a law enforcement officer on such date.
(3)Treatment of service performed by incumbents
(A)In generalService described in paragraph (1) which is performed by an incumbent on or after the date of the enactment of this Act shall, for all purposes (other than those to which subparagraph (B) pertains), be treated as service performed as a law enforcement officer (within the meaning of section 8331(20) or 8401(17) of title 5, United States Code, as appropriate), irrespective of how such service is treated under subparagraph (B).
(B)RetirementService described in paragraph (1) which is performed by an incumbent before, on, or after the date of the enactment of this Act shall, for purposes of subchapter III of chapter 83 and chapter 84 of title 5, United States Code, be treated as service performed as a law enforcement officer (within the meaning of such section 8331(20) or 8401(17), as appropriate), but only if an appropriate written election is submitted to the Office of Personnel Management within 5 years after the date of the enactment of this Act or before separation from Government service, whichever is earlier.
(4)Individual contributions for prior service
(A)In generalAn individual who makes an election under paragraph (3)(B) may, with respect to prior service performed by such individual, contribute to the Civil Service Retirement and Disability Fund the difference between the individual contributions that were actually made for such service and the individual contributions that should have been made for such service if the amendments made by subsection (a) had then been in effect.
(B)Effect of not contributingIf no part of or less than the full amount required under subparagraph (A) is paid, all prior service of the incumbent shall remain fully creditable as law enforcement officer service, but the resulting annuity shall be reduced in a manner similar to that described in section 8334(d)(2) of title 5, United States Code, to the extent necessary to make up the amount unpaid.
(C)Prior service definedFor purposes of this subsection, the term prior service means, with respect to any individual who makes an election under paragraph (3)(B), service (described in paragraph (1)) performed by such individual before the date as of which appropriate retirement deductions begin to be made in accordance with such election.
(5)Government contributions for prior service
(A)In generalIf an incumbent makes an election under paragraph (3)(B), the agency in or under which that individual was serving at the time of any prior service (referred to in paragraph (4)) shall remit to the Office of Personnel Management, for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund, the amount required under subparagraph (B) with respect to such service.
(B)Amount requiredThe amount an agency is required to remit is, with respect to any prior service, the total amount of additional Government contributions to the Civil Service Retirement and Disability Fund (above those actually paid) that would have been required if the amendments made by subsection (a) had then been in effect.
(C)Contributions to be made ratablyGovernment contributions under this paragraph on behalf of an incumbent shall be made by the agency ratably (on at least an annual basis) over the 10-year period beginning on the date referred to in paragraph (4)(C).
(6)Exemption from mandatory separationNothing in section 8335(b) or 8425(b) of title 5, United States Code, shall cause the involuntary separation of a law enforcement officer (as described in paragraph (1)) before the end of the 3-year period beginning on the date of the enactment of this Act.
(7)RegulationsThe Office shall prescribe regulations to carry out this section, including—
(A)provisions in accordance with which interest on any amount under paragraph (4) or (5) shall be computed, based on section 8334(e) of title 5, United States Code; and
(B)provisions for the application of this subsection in the case of—
(i)any individual who—
(I)satisfies subparagraph (A) (but not subparagraph (B)) of paragraph (2); and
(II)serves as a law enforcement officer (as described in paragraph (1)) after the date of the enactment of this Act; and
(ii)any individual entitled to a survivor annuity (based on the service of an incumbent, or of an individual under clause (i), who dies before making an election under paragraph (3)(B)), to the extent of any rights that would then be available to the decedent (if still living).
(8)Rule of constructionNothing in this subsection shall be considered to apply in the case of a reemployed annuitant.
311.Reestablishment of the United States Border Patrol anti-smuggling unitThe Secretary of Homeland Security shall reestablish the Anti-Smuggling Unit within the Office of United States Border Patrol, and shall immediately staff such office with a minimum of 500 criminal investigators selected from within the ranks of the United States Border Patrol. Staffing levels shall be adjusted upward periodically in accordance with workload requirements.
312.Establishment of specialized criminal investigator occupationsThe Secretary of Homeland Security shall establish specialized Criminal Investigator occupations within the Department: one for the investigation of violations of immigration laws, another for customs laws, and a third for agriculture laws. These divisions shall coordinate closely with each other under the direction of a high-level official within the Department, but shall report to separate operational chains of command.
313.Establishment of career paths to criminal investigator positionsThe Secretary of Homeland Security shall ensure that all persons selected for criminal investigator positions within the Department of Homeland Security possess a minimum of 3 years of field experience within the Department or its predecessor agencies in the specialized area of law that will be investigated.
314.Additional immigration enforcement agentsIn each of fiscal years 2006 through 2010, the Secretary of Homeland Security shall increase by not less than 500 the number of positions for full-time active duty immigration enforcement agents responsible for transporting and guarding detained aliens above the number of such positions for which funds were allotted for the preceding fiscal year.
315.Increase United States Border Patrol agent and inspector pay
(a)In generalEffective as of the first day of the first applicable pay period beginning on or after the date of the enactment of this Act, the rate of basic pay for all employees of the Department of Homeland Security described in subsection (b) shall be increased in accordance with subsection (c).
(b)Employees describedThis section applies to any individual who, as of the date of the enactment of this Act—
(1)is a journey level United States Border Patrol agent or immigration, customs, or agriculture inspector within the Department of Homeland Security, whose primary duties consist of enforcing the immigration, customs, or agriculture laws of the United States;
(2)has completed at least one year of service as a United States Border Patrol agent or inspector (whether as an employee of the Department of Homeland Security, the Department of Justice, or both agencies combined); and
(3)is receiving an annual rate of basic pay for positions at GS–11 of the General Schedule under section 5332 of title 5, United States Code.
(c)Increase describedThe basic rate of pay for the employees described in this subsection shall increase from the annual rate of basic pay for positions at GS–11 of the General Schedule to the annaul rate of basic pay for positions at GS–13 of such schedule.
316.Fair Labor Standards Act overtimeNotwithstanding any other provisionof law, all overtime hours worked on and after the date of the enactment of this Act by all employees of the Department of Homeland Security who are at or below the second-line level of field supervision shall be compensated in accordance with the provisions of the Fair Labor Standards Act.
IVEnforcement tools to diminish entries using fraudulent documents and commercial alien smuggling
401.Foreign language trainingThe Secretary of Homeland Security shall require all officers of the Department of Homeland Security who come into contact with aliens who have crossed the border illegally to take Spanish and other appropriate foreign language training courses to facilitate communication with the aliens.
402.Foreign language awards
(a)Special rulesThe Secretary of Homeland Security shall apply section 4523 of title 5, United States Code, in conformance with the following:
(1)Any law enforcement officer within the Department of Homeland Security whose primary duties involve—
(A)the enforcement of the immigration laws of the United States,
(B)the detention or transportation of violators of the immigration laws of the United States, or
(C)both,shall, for purposes of such section 4523, be presumed to make substantial use of a foreign language in the performance of such officer’s official duties.
(2)
(A)Any individual who successfully completes a foreign language program as part of their agency-sponsored or agency-approved training shall be deemed to possess the foreign language proficiency necessary to qualify for an award under such section for so long as such individual serves as a law enforcement officer within the Department of Homeland Security.
(B)Nothing in this paragraph shall, in the case of any individual who does not satisfy subparagraph (A), prevent such individual from being allowed to demonstrate foreign language proficiency in accordance with the criteria and procedures that would otherwise apply under such section.
(3)For purposes of applying subsection (a) of such section 4523, substitute equal to for up to.
(b)DefinitionFor purposes of this section, the term law enforcement officer has the meaning given such term by section 4521 of such title 5.
403.Additional personnel for investigation of fraudulent schemes and document fraudThe Secretary of Homeland Security shall hire at least 1000 additional investigators for investigating fraudulent schemes, including benefit application schemes, and fraudulent documents used to enter or remain in the United States unlawfully.
404.Establish a special task force for coordinating and distributing information on fraudulent immigration documents
(a)In generalThe Secretary of Homeland Security shall establish a task force (to be known as the Task Force on Fraudulent Immigration Documents) to carry out the following:
(1)Collect information from Federal, State, and local law enforcement agencies, and Foreign governments on the production, sale, and distribution of fraudulent documents intended to be used to enter or to remain in the United States unlawfully.
(2)Maintain that information in a comprehensive database.
(3)Convert the information into reports that will provide guidance for government officials on identifying fraudulent documents being used to enter or to remain in the United States unlawfully.
(4)Develop a system for distributing these reports on an ongoing basis to appropriate Federal, State, and local law enforcement agencies.
(b)Distribution of informationDistribute the reports to appropriate Federal, State, and local law enforcement agencies on an ongoing basis.
405.New nonimmigrant visa classification to enable informants to enter the United States and remain temporarily
(a)In generalSection 101(a)(15)(S) (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 or a commercial operation for making or trafficking in documents to be used for entering or remaining in the United States unlawfully;
(II)is willing to supply or has supplied such information to a Federal or State court; or
(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 or a commercial operation for making or trafficking in documents to be used for entering or remaining in the United States unlawfully.;
(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 nonimmigrantsSection 214(k) (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 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..
406.Adjustment of status when needed to protect informantsSection 245(j) (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 or an investigation of the sale or production of fraudulent documents to be used for entering or remaining in the United States unlawfully, the disruption of such an enterprise, 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, children, 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, children, 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 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..
407.Rewards program
(a)Rewards programSection 274 (8 U.S.C. 1324) is amended by adding at the end the following:

(e)Rewards program
(1)In generalThere is established in the Department of Homeland Security a program for the payment of rewards to carry out the purposes of this section.
(2)PurposeThe rewards program shall be designed to assist in the elimination of commercial operations to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully and to assist in the investigation, prosecution, or disruption of a commercial alien smuggling operation.
(3)AdministrationThe 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 authorizedIn 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 produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or to commit an act of commercial alien smuggling involving the transportation of aliens;
(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 operation to produce or sell fraudulent documents to be used for entering or remaining in the United States, or commercial alien smuggling operations, in whole or in significant part; or
(E)the identification or location of an individual who holds a key leadership position in an operation to produce or sell fraudulent documents to be used for entering or remaining in the United States unlawfully or a commercial alien smuggling operation involving the transportation of aliens.
(5)Authorization of appropriationsThere 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)IneligibilityAn 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 measuresIf the Secretary of Homeland Security, the Secretary of State, or the Attorney General determines that an individual who furnishes information or testimony described in paragraph (4), or any spouse, child, 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
(A)Maximum amountNo reward under this subsection may exceed $100,000, except as personally authorized by the Secretary of Homeland Security.
(B)ApprovalAny reward under this subsection exceeding $50,000 shall be personally approved by the Secretary of Homeland Security.
(C)Certification for paymentAny reward granted under this subsection shall be certified for payment by the Secretary of Homeland Security..
408.Outreach programSection 274 (8 U.S.C. 1324), as amended by subsection (a), is further amended by adding at the end the following:

(f)Outreach programThe 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—
(A)bringing in and harboring aliens in violation of this section; and
(B)participating in a commercial operation for making, or trafficking in, documents to be used for entering or remaining in the United States unlawfully; and
(2)the financial rewards and other incentives available for assisting in the investigation, disruption, or prosecution of a commercial smuggling operation or a commercial operation for making, or trafficking in, documents to be used for entering or remaining in the United States unlawfully..


116 HR 4061 IH: Blue Collar and Green Collar Jobs Development Act of 2019
U.S. House of Representatives
2019-07-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4061IN THE HOUSE OF REPRESENTATIVESJuly 25, 2019Mr. Rush (for himself, Mr. Hudson, Mr. Butterfield, Mr. Upton, and Mr. Larson of Connecticut) introduced the following bill; which was referred to the Committee on Education and LaborA BILLTo direct the Secretary of Energy to establish and carry out a comprehensive, nationwide,
			 energy-related industries jobs program, and for other purposes.

 1.Short titleThis Act may be cited as the Blue Collar and Green Collar Jobs Development Act of 2019. 2.Energy workforce development (a)In generalSubject to the availability of appropriations for such purpose, the Secretary shall establish and carry out a comprehensive, nationwide program to improve education and training for jobs in energy-related industries in order to increase the number of skilled workers trained for such jobs.
			(b)Direct assistance
 (1)In generalIn carrying out the program established under subsection (a), the Secretary may provide— (A)financial assistance awards, technical assistance, and other assistance the Secretary determines appropriate, to educational institutions and covered organizations and programs, including those serving unemployed energy workers; and
 (B)internships, fellowships, traineeships, and apprenticeships at the Department of Energy, including at the Department of Energy national laboratories.
 (2)DistributionSubject to subsection (c), the Secretary shall distribute assistance described in paragraph (1) in a manner proportional to the needs of energy-related industries and demand for jobs in energy-related industries, consistent with information developed under subsection (e).
 (c)PriorityIn carrying out the program established under subsection (a), the Secretary shall— (1)prioritize the education and training of individuals from underrepresented communities for jobs in energy-related industries, including in providing internships, fellowships, traineeships, apprenticeships, and employment at the Department of Energy, including at the Department of Energy national laboratories; and
 (2)in providing research grants and technical assistance to educational institutions, give priority to minority-serving institutions.
 (d)Collaboration and outreachIn carrying out the program established under subsection (a), the Secretary shall— (1)collaborate with—
 (A)to the maximum extent possible, State workforce development boards, to maximize program efficiency; (B)educational institutions and covered organizations and programs;
 (C)energy-related industries and covered organizations and programs to increase the opportunities for, and enrollment of, students and other candidates, including students of minority-serving institutions and unemployed energy workers, to participate in industry internships, fellowships, traineeships, and apprenticeships; and
 (D)Federal-State Regional Commissions, including the Appalachia Regional Commission, the Delta Regional Authority, the Denali Commission, the Northern Border Regional Commission, the Northern Great Plains Regional Commission, and the Southeast Crescent Regional Commission; and
 (2)conduct outreach activities to— (A)encourage individuals from underrepresented communities and unemployed energy workers to enter into the STEM fields; and
 (B)encourage and foster collaboration, mentorships, and partnerships among energy-related industries, and covered organizations and programs, that provide effective training programs for jobs in energy-related industries and educational institutions that seek to establish these types of programs in order to share best practices and approaches that best suit local, State, and national needs.
					(e)Clearinghouse
 (1)EstablishmentIn carrying out the program established under subsection (a), the Secretary, in collaboration with the Commissioner of the Bureau of Labor Statistics, the Secretary of Commerce, the Director of the Bureau of the Census, and energy-related industries, shall establish a clearinghouse to—
 (A)develop, maintain, and update information and other resources, by State and by region, on— (i)training programs for jobs in energy-related industries; and
 (ii)the current and future workforce needs of energy-related industries, and job opportunities in such energy-related industries, including identification of jobs in energy-related industries for which there is the greatest demand; and
 (B)act as a resource for educational institutions and covered organizations and programs that would like to develop and implement training programs for such jobs.
 (2)ReportThe Secretary shall annually publish a report on the information and other resources developed, maintained, and updated on the clearinghouse established under paragraph (1).
				(f)Guidelines To develop skills for an energy industry workforce
 (1)In generalIn carrying out the program established under subsection (a), the Secretary, in collaboration with the Secretary of Education, the Secretary of Commerce, the Secretary of Labor, and the National Science Foundation, shall develop voluntary guidelines or best practices for educational institutions to help provide students with the skills necessary for jobs in energy-related industries, including jobs in—
 (A)the energy efficiency industry, including jobs in energy efficiency (including architecture, design, and construction of new energy efficient buildings), conservation, weatherization, retrofitting, inspecting, auditing, and software development;
 (B)the renewable energy industry, including jobs in the development, engineering, manufacturing, and production of energy from renewable energy sources (such as solar, hydropower, wind, and geothermal energy);
 (C)the community energy resiliency industry, including jobs in the installation of rooftop solar, in battery storage, and in microgrid technologies;
 (D)the fuel cell and hydrogen energy industry; (E)the advanced automotive technology industry, including jobs relating to electric vehicle batteries, connectivity and automation, and advanced combustion engines;
 (F)the manufacturing industry, including jobs as operations technicians, in operations and design in additive manufacturing, 3-D printing, and advanced composites and advanced aluminum and other metal alloys, and in industrial energy efficiency management systems, including power electronics, and other innovative technologies;
 (G)the chemical manufacturing industry, including jobs in construction (such as welders, pipefitters, and tool and die makers), as instrument and electrical technicians, machinists, chemical process operators, engineers, quality and safety professionals, and reliability engineers;
 (H)the utility industry, including jobs in smart grid technology, cybersecurity management, and the generation, transmission, and distribution of electricity and natural gas, such as electricians and utility dispatchers, technicians, operators, lineworkers, engineers, scientists, and information technology specialists;
 (I)the alternative fuels industry, including jobs in biofuel and bioproducts development and production;
 (J)the pipeline industry, including jobs in pipeline construction and maintenance and jobs as engineers and technical advisors;
 (K)the nuclear energy industry, including jobs as scientists, engineers, technicians, mathematicians, and security personnel;
 (L)the oil and gas industry, including jobs as scientists, engineers, technicians, mathematicians, petrochemical engineers, and geologists; and
 (M)the coal industry, including jobs as coal miners, engineers, developers and manufacturers of state-of-the-art coal facilities, technology vendors, coal transportation workers and operators, and mining equipment vendors.
 (2)InputThe Secretary shall solicit input from energy-related industries in developing guidelines or best practices under paragraph (1).
 (3)Energy efficiency and conservation initiativesThe guidelines or best practices developed under paragraph (1) shall include grade-specific guidelines for elementary schools and secondary schools for teaching energy efficiency technology, architecture, design, and construction of new energy-efficient buildings and building energy retrofits, manufacturing efficiency technology, community energy resiliency, and conservation initiatives.
 (4)STEM educationThe guidelines or best practices developed under paragraph (1) shall promote STEM education in educational institutions as it relates to job opportunities in energy-related industries listed under such paragraph.
 (5)ProhibitionNothing in this subsection shall be construed to authorize the Secretary or any other officer or employee of the Federal Government to require or coerce a State, local educational agency, or educational institution to adopt or carry out the guidelines or best practices developed under paragraph (1).
 (g)ConsolidationTo the extent practicable, the Secretary shall, to avoid duplication of efforts, carry out the Equity in Energy Initiative of the Department of Energy, the Minority Educational Institution Student Partnership Program of the Department of Energy, and any other program of the Department of Energy that the Secretary determines appropriate, through the program established under subsection (a).
 (h)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2020 through 2024.
			3.Energy workforce grant program
			(a)Program
 (1)EstablishmentSubject to the availability of appropriations for such purpose, the Secretary shall establish and carry out a program to provide grants to eligible entities to pay the eligible wages of, or eligible stipends for, individuals during the time period that such individuals are receiving training to work for an eligible business.
 (2)GuidelinesNot later than 60 days after the date of enactment of this Act, the Secretary, in consultation with eligible businesses, shall establish guidelines that identify—
 (A)criteria for wages and stipends to meet to be eligible for purposes of the program established pursuant to paragraph (1); and
 (B)training that is eligible for purposes of the program established pursuant to paragraph (1). (b)EligibilityFor purposes of this section:
 (1)Eligible businessThe term eligible business means a business that provides services related to— (A)renewable electric energy generation, including solar, wind, geothermal, hydropower, and other renewable electric energy generation technologies;
 (B)energy efficiency, including energy-efficient lighting, heating, ventilation, and air conditioning, air source heat pumps, advanced building materials, insulation and air sealing, and other high-efficiency products and services, including auditing and inspection, architecture, design, and construction of new energy efficient buildings and building energy retrofits;
 (C)grid modernization or energy storage, including smart grid, microgrid and other distributed energy solutions, demand response management, and home energy management technology;
 (D)advanced fossil energy technology, including— (i)advanced resource development;
 (ii)carbon capture, storage, and use; (iii)low-carbon power systems;
 (iv)efficiency improvements that substantially reduce emissions; and (v)direct air capture;
 (E)nuclear energy, including research, development, demonstration, and commercial application relating to nuclear energy;
 (F)cybersecurity for the energy sector, including infrastructure, emergency planning, coordination, response, and restoration;
 (G)alternative fuels, including biofuel and bioproduct development and production; (H)advanced automotive technology, including electric vehicle batteries, connectivity and automation, and advanced combustion engines; or
 (I)fuel cell and hybrid fuel cell generation. (2)Eligible entityThe term eligible entity means—
 (A)an eligible business; or (B)a labor organization, nonprofit organization, or qualified youth or conservation corps, that provides training to individuals to work for an eligible business, or works on behalf of any such eligible business.
 (3)Eligible stipendThe term eligible stipend means a stipend that meets the criteria identified pursuant to the guidelines established under subsection (a)(2).
 (4)Eligible wagesThe term eligible wages means wages that meet the criteria identified pursuant to the guidelines established under subsection (a)(2).
				(c)Use of grants
 (1)Eligible wagesAn eligible business with— (A)20 or fewer employees may use a grant provided under the program established under subsection (a) to pay up to—
 (i)45 percent of an employee’s eligible wages for the duration of the applicable training for such employee, if the training is provided by the eligible business; and
 (ii)90 percent of an employee’s eligible wages for the duration of the applicable training for such employee, if the training is provided by an entity other than the eligible business;
 (B)21 to 99 employees may use a grant provided under the program established under subsection (a) to pay up to—
 (i)37.5 percent of an employee’s eligible wages for the duration of the applicable training for such employee, if the training is provided by the eligible business; and
 (ii)75 percent of an employee’s eligible wages for the duration of the applicable training for such employee, if the training is provided by an entity other than the eligible business; and
 (C)100 employees or more may use a grant provided under the program established under subsection (a) to pay up to—
 (i)25 percent of an employee’s eligible wages for the duration of the applicable training for such employee, if the training is provided by the eligible business; and
 (ii)50 percent of an employee’s eligible wages for the duration of the applicable training for such employee, if the training is provided by an entity other than the eligible business.
 (2)StipendAn eligible entity may use a grant provided under the program established under subsection (a) to pay up to 100 percent of an eligible stipend for an individual for the duration of the applicable training for such individual.
 (d)Priority for targeted communitiesIn providing grants under the program established under subsection (a), the Secretary shall give priority to an eligible entity that—
 (1)recruits or trains individuals who are— (A)from the community that the eligible entity serves; and
					(B)
 (i)from underrepresented communities; or (ii)unemployed energy workers; and
 (2)will provide individuals receiving training with the opportunity to obtain or retain employment at an eligible business.
 (e)LimitAn eligible entity may not receive more than $100,000 under the program established under subsection (a) per fiscal year.
 (f)ReportThe Secretary shall submit to Congress, annually for each year the program established under subsection (a) is carried out, a report on such program, including—
 (1)an assessment of such program for the previous year, including the number of jobs filled by individuals trained pursuant to such program; and
 (2)recommendations on how to improve such program. (g)Authorization of appropriationsThere is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2020 through 2024.
 4.DefinitionsIn this Act: (1)ApprenticeshipThe term apprenticeship means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq.).
 (2)Covered organizations and programsThe term covered organizations and programs means local workforce development boards, State workforce development boards, nonprofit organizations, qualified youth or conservation corps, labor organizations, pre-apprenticeship programs, and apprenticeship programs.
 (3)Educational institutionThe term educational institution means an elementary school, secondary school, or institution of higher education. (4)Elementary school and secondary schoolThe terms elementary school and secondary school have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
 (5)Energy-related industryThe term energy-related industry includes the energy efficiency industry, renewable energy industry, community energy resiliency industry, fuel cell and hydrogen energy industry, advanced automotive technology industry, chemical manufacturing industry, electric utility industry, gas utility industry, alternative fuels industry, pipeline industry, nuclear energy industry, oil and gas industry, and coal industry.
 (6)Institution of higher educationThe term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), except that such term does not include institutions described in subparagraph (A) or (C) of subsection (a)(1) of such section 102.
 (7)Jobs in energy-related industriesThe term jobs in energy-related industries includes manufacturing, engineering, construction, and retrofitting jobs in energy-related industries.
 (8)Labor organizationThe term labor organization has the meaning given such term in section 2 of the National Labor Relations Act (29 U.S.C. 152). (9)Local workforce development boardThe term local workforce development board means a local board, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
 (10)Minority-serving institutionThe term minority-serving institution means an institution of higher education that is of one of the following: (A)A Hispanic-serving institution (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))).
 (B)A Tribal College or University (as defined in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).
 (C)An Alaska Native-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
 (D)A Native Hawaiian-serving institution (as defined in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b))).
 (E)A Predominantly Black Institution (as defined in section 318(b) of the Higher Education Act of 1965 (20 U.S.C. 1059e(b))).
 (F)A Native American-serving nontribal institution (as defined in section 319(b) of the Higher Education Act of 1965 (20 U.S.C. 1059f(b))).
 (G)An Asian American and Native American Pacific Islander-serving institution (as defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b))).
 (H)A part B institution (as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061)).
 (11)Pre-apprenticeship programThe term pre-apprenticeship program— (A)means a program or set of strategies that is designed to prepare individuals to enter and succeed in an apprenticeship program; and
 (B)includes training and training curriculum aligned with apprenticeship and industry standards to teach participants necessary industry-related skills and competencies.
 (12)Qualified youth or conservation corpsThe term qualified youth or conservation corps has the meaning given such term in section 203(11) of the Public Lands Corps Act of 1993 (16 U.S.C. 1722(11)).
 (13)SecretaryThe term Secretary means the Secretary of Energy. (14)State workforce development boardThe term State workforce development board means a State board, as defined in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
 (15)STEMThe term STEM means science, technology, engineering, and mathematics. (16)Underrepresented communitiesThe term underrepresented communities includes religious and ethnic minorities, women, veterans, individuals with disabilities, individuals who are socioeconomically disadvantaged, individuals who are or were foster children, and formerly incarcerated individuals.


116 HR 4669 IH: Maximizing Drug Coverage for Low-Income Seniors Act of 2019
U.S. House of Representatives
2019-10-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 4669IN THE HOUSE OF REPRESENTATIVESOctober 11, 2019Ms. Stevens (for herself, Mrs. Hayes, Ms. Kuster of New Hampshire, and Ms. Sewell of Alabama) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concernedA BILLTo amend title XVIII of the Social Security Act to provide for intelligent assignment of certain
			 subsidy eligible individuals auto-enrolled under Medicare prescription
			 drug plans and MA–PD plans.

 1.Short titleThis Act may be cited as the Maximizing Drug Coverage for Low-Income Seniors Act of 2019. 2.Providing for intelligent assignment of certain subsidy eligible individuals auto-enrolled under Medicare prescription drug plans and MA–PD plans (a)In generalSection 1860D–1(b)(1) of the Social Security Act (42 U.S.C. 1395w–101(b)(1)) is amended—
 (1)in subparagraph (C)— (A)by inserting after PDP region the following: or through use of an intelligent assignment process that is designed to maximize the access of such individual to necessary prescription drugs while minimizing costs to such individual and to the program under this part to the greatest extent possible. In the case the Secretary enrolls such individuals through use of an intelligent assignment process, such process shall take into account the extent to which prescription drugs necessary for the individual are covered in the case of a PDP sponsor of a prescription drug plan that uses a formulary, the use of prior authorization or other restrictions on access to coverage of such prescription drugs by such a sponsor, and the overall quality of a prescription drug plan as measured by quality ratings established by the Secretary; and
 (B)by striking Nothing in the previous sentence and inserting Nothing in this subparagraph; and (2)in subparagraph (D)—
 (A)by inserting after PDP region the following: or through use of an intelligent assignment process that is designed to maximize the access of such individual to necessary prescription drugs while minimizing costs to such individual and to the program under this part to the greatest extent possible. In the case the Secretary enrolls such individuals through use of an intelligent assignment process, such process shall take into account the extent to which prescription drugs necessary for the individual are covered in the case of a PDP sponsor of a prescription drug plan that uses a formulary, the use of prior authorization or other restrictions on access to coverage of such prescription drugs by such a sponsor, and the overall quality of a prescription drug plan as measured by quality ratings established by the Secretary; and
 (B)by striking Nothing in the previous sentence and inserting Nothing in this subparagraph. (b)Effective dateThe amendments made by subsection (a) shall apply with respect to plan years beginning with plan year 2022.