116 HR 7718 : Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act
U.S. House of Representatives
2020-10-19
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.

IIB116th CONGRESS2d SessionH. R. 7718IN THE SENATE OF THE UNITED STATESOctober 19, 2020Received; read twice and referred to the Committee on the JudiciaryAN ACTTo address the health needs of incarcerated women related to pregnancy and childbirth, and for other purposes.1.Short title This Act may be cited as the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act.2.Data collection(a)In generalBeginning not later than 1 year after the date of the enactment of this Act, pursuant to the authority under section 302 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10132), the Director of the Bureau of Justice Statistics shall include in the National Prisoner Statistics Program and Annual Survey of Jails statistics relating to the health needs of incarcerated pregnant women in the criminal justice system at the Federal, State, tribal, and local levels, including—(1)demographic and other information about incarcerated women who are pregnant, in labor, or in postpartum recovery, including the race, ethnicity, and age of the pregnant woman;(2)the provision of pregnancy care and services provided for such women, including—(A)whether prenatal, delivery, and post-delivery check-up visits were scheduled and provided;(B)whether a social worker, psychologist, doula or other support person, or pregnancy or parenting program was offered and provided during pregnancy and delivery;(C)whether a nursery or residential program to keep mothers and infants together post-delivery was offered and whether such a nursery or residential program was provided;(D)the number of days the mother stayed in the hospital post-delivery;(E)the number of days the infant remained with the mother post-delivery; and(F)the number of days the infant remained in the hospital after the mother was discharged;(3)the location of the nearest hospital with a licensed obstetrician-gynecologist in proximity to where the inmate is housed and the length of travel required to transport the inmate;(4)whether a written policy or protocol is in place to respond to unexpected childbirth, labor, deliveries, and medical complications related to the pregnancies of incarcerated pregnant women and for incarcerated pregnant women experiencing labor or medical complications related to pregnancy outside of a hospital;(5)the number of incarcerated women who are determined by a health care professional to have a high-risk pregnancy;(6)the total number of incarcerated pregnant women and the number of incarcerated women who became pregnant while incarcerated; (7)the number of incidents in which an incarcerated woman who is pregnant, in labor, or in postpartum recovery is placed in restrictive housing, the reason for such restriction or placement, and the circumstances under which each incident occurred, including the duration of time in restrictive housing, during—(A)pregnancy;(B)labor;(C)delivery;(D)postpartum recovery; and(E)the 6-month period after delivery; and(8)the disposition of the custody of the infant post-delivery.(b)Personally identifiable informationData collected under this paragraph may not contain any personally identifiable information of any incarcerated pregnant woman.3.Care for federally incarcerated women related to pregnancy and childbirth(a)In generalThe Director of the Bureau of Prisons shall ensure that appropriate services and programs are provided to women in custody, to address the health and safety needs of such women related to pregnancy and childbirth. The warden of each Bureau of Prisons facility that houses women shall ensure that these services and programs are implemented for women in custody at that facility.(b)Services and programs providedThe Director of the Bureau of Prisons shall ensure that the following services and programs are available to women in custody: (1)Access to complete appropriate health services for the life cycle of womenThe Director of the Bureau of Prisons shall provide to each woman in custody who is of reproductive age pregnancy testing, contraception, and testing for sexually transmitted diseases and provide each woman with the option to decline such services.(2)Compliance with protocols relating to health of a pregnant womanOn confirmation of the pregnancy of a woman in custody by clinical diagnostics and assessment, the chief health care professional of a Bureau of Prisons facility that houses women shall ensure that a summary of all appropriate protocols directly pertaining to the safety and well-being of the woman are provided to the woman and that such protocols are complied with, including an assessment of undue safety risks and necessary changes to accommodate the woman where and when appropriate, as it relates to—(A)housing or transfer to a lower bunk for safety reasons;(B)appropriate bedding or clothing to respond to a woman’s changing physical requirements and the temperature in housing units;(C)regular access to water and bathrooms;(D)a diet that complies with the nutritional standards established by the Secretary of Agriculture and the Secretary of Health and Human Services in the Dietary Guidelines for Americans report published pursuant to section 301 of the National Nutrition Monitoring and Related Research Act of 1990 (7 U.S.C. 5341(a)(3)), and that includes—(i)any appropriate dietary supplement, including prenatal vitamins;(ii)timely and regular nutritious meals; (iii)additional caloric content in meals provided;(iv)a prohibition on withholding food from an incarcerated pregnant woman or serving any food that is used as a punishment, including nutraloaf or any food similar to nutraloaf that is not considered a nutritious meal; and(v)such other modifications to the diet of the woman as the Director of the Bureau of Prisons determines to be necessary after consultation with the Secretary of Health and Human Services and consideration of such recommendations as the Secretary may provide;(E)modified recreation and transportation, in accordance with standards within the obstetrical and gynecological care community, to prevent overexertion or prolonged periods of inactivity; and(F)such other changes to living conditions as the Director of the Bureau of Prisons may require after consultation with the Secretary of Health and Human Services and consideration of such recommendations as the Secretary may provide.(3)Education and support services(A)Pregnancy in custodyIn the case of a woman who is pregnant at intake or who becomes pregnant while in custody, that woman shall, at intake or not later than 48 hours after pregnancy is confirmed, as appropriate, receive prenatal education, counseling, and birth support services provided by a provider trained to provide such services, including—(i)information about the parental rights of the woman, including the right to place the child in kinship care, and notice of the rights of the child;(ii)information about family preservation support services that are available to the woman;(iii)information about the nutritional standards referred to in paragraph (2)(D);(iv)information pertaining to the health and safety risks of pregnancy, childbirth, and parenting, including postpartum depression;(v)information on breastfeeding, lactation, and breast health;(vi)appropriate educational materials, resources, and services related to pregnancy, childbirth, and parenting;(vii)information and notification services for incarcerated parents regarding the risk of debt repayment obligations associated with their child’s participation in social welfare programs, including assistance under any State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.) or benefits under the supplemental nutrition assistance program, as defined in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012), or any State program carried out under that Act; and(viii)information from the Office of Child Support Enforcement of the Department of Health and Human Services regarding seeking or modifying child support while incarcerated, including how to participate in the Bureau of Prison’s Inmate Financial Responsibility Program under subpart B of title 28, Code of Federal Regulations (or any successor program). (B)Birth while in custody or prior to custodyIn the case of a woman who gave birth in custody or who experienced any other pregnancy outcome during the 6-month period immediately preceding intake, that woman shall receive counseling provided by a licensed or certified provider trained to provide such services, including—(i)information about the parental rights of the woman, including the right to place the child in kinship care, and notice of the rights of the child; and(ii)information about family preservation support services that are available to the woman.(4)TestingNot later than 1 day after an incarcerated woman notifies an employee of the Bureau of Prisons that the woman may be pregnant, a Bureau of Prisons healthcare care professional shall administer a pregnancy test to determine whether the woman is pregnant.(5)EvaluationsEach woman in custody who is pregnant or whose pregnancy results in a birth or any other pregnancy outcome during the 6-month period immediately preceding intake or any time in custody thereafter shall be evaluated not later than 4 days after intake or confirmation of pregnancy through evidence-based screening and assessment for substance use disorders or mental health conditions, including postpartum depression or depression related to a pregnancy outcome or early child care. Screening shall include identification of any of the following risk factors:(A)An existing mental or physical health condition or substance use disorder.(B)Being underweight or overweight.(C)Multiple births or a previous still birth.(D)A history of preeclampsia.(E)A previous Caesarean section.(F)A previous miscarriage.(G)Being older than 35 or younger than 15.(H)Being diagnosed with the human immunodeficiency virus, hepatitis, diabetes, or hypertension.(I)Such other risk factors as the chief health care professional of a Bureau of Prisons facility that houses women may determine to be appropriate.(6)Unexpected births rulemakingNot later than 180 days after the date of enactment of this Act, the Attorney General shall make rules establishing procedures for responding to unexpected childbirth deliveries, labor complications, and medical complications related to pregnancy if a woman in custody is unable to access a hospital in a timely manner.(7)TreatmentIn the case of any woman in custody who, after an evaluation under paragraph (4), is diagnosed as having a substance use disorder or a mental health disorder, that woman shall be entitled to treatment in accordance with the following:(A)Treatment shall include participation in a support group, including a 12-step program, such as Alcoholics Anonymous, Narcotics Anonymous, and Cocaine Anonymous or a comparable nonreligious program.(B)Treatment may include psychosocial interventions and medication.(C)In the case that adequate treatment cannot be provided to a woman in custody in a Bureau of Prisons facility, the Director of the Bureau of Prisons shall transfer the woman to a residential reentry program that offers such treatment pursuant to section 508 of the Public Health Service Act (42 U.S.C. 290bb–1).(D)To the extent practicable, treatment for substance use disorders provided pursuant to this section shall be conducted in a licensed hospital.4.Use of restrictive housing and restraints on incarcerated pregnant women during pregnancy, labor, and postpartum recovery prohibited(a)In generalSection 4322 of title 18, United States Code, is amended to read as follows:4322.Use of restraints and restrictive housing on incarcerated women during the period of pregnancy, labor, and postpartum recovery prohibited and to improve pregnancy care for women in Federal prisons(a)ProhibitionExcept as provided in subsection (b), beginning on the date on which pregnancy is confirmed by a health care professional and ending not earlier than 12 weeks after delivery, an incarcerated woman in the custody of the Bureau of Prisons, or in the custody of the United States Marshals Service pursuant to section 4086, shall not be placed in restraints or held in restrictive housing.(b)Exceptions(1)Use of restraintsThe prohibition under subsection (a) shall not apply if the senior Bureau of Prisons official or United States Marshals Service official overseeing women’s health and services and a health care professional responsible for the health and safety of the incarcerated woman determines that the use of restraints is appropriate for the medical safety of the woman, and the health care professional reviews such determination not later than every 6 hours after such use is initially approved until such use is terminated.(2)Situational useThe individualized determination described under paragraph (1) shall only apply to a specific situation and must be reaffirmed through the same process to use restraints again in any future situation involving the same woman.(3)Access to careImmediately upon the cessation of the use of restraints or restrictive housing as outlined in this subsection, the Director of the Bureau of Prisons or the United States Marshal Service shall provide the incarcerated woman with immediate access to physical and mental health assessments and all recommended treatment.(4)Response to behavioral risks in the Bureau of Prisons(A)Restrictive housingThe prohibition under subsection (a) relating to restrictive housing shall not apply if the Director of the Bureau of Prisons or a senior Bureau of Prisons official overseeing women’s health and services, in consultation with senior officials in health services, makes an individualized determination that restrictive housing is required as a temporary response to behavior that poses a serious and immediate risk of physical harm.(B)ReviewThe official who makes a determination under subparagraph (A) shall review such determination every 4 hours for the purpose of removing an incarcerated woman as quickly as feasible from restrictive housing.(C)Restrictive housing planThe official who makes a determination under subparagraph (A) shall develop an individualized plan to move an incarcerated woman to less restrictive housing within a reasonable amount of time, not to exceed 2 days.(D)MonitoringAn incarcerated woman who is placed in restrictive housing pursuant to this paragraph shall be—(i)monitored every hour;(ii)placed in a location visible to correctional officers; and(iii)prohibited from being placed in solitary confinement if the incarcerated woman is in her third trimester.(c)Reports(1)Report to the director and health care professional after the use of restraintsIf an official identified in subsection (b)(1) or a correctional officer uses restraints on an incarcerated woman under subsection (b), that official (or an officer or marshal designated by that official) or correctional officer shall submit, not later than 30 days after placing the woman in restraints, to the Director of the Bureau of Prisons or the Director of the U.S. Marshal Service, as applicable, a written report which describes the facts and circumstances surrounding the use of restraints, and includes each of the following:(A)A description of all attempts to use alternative interventions and sanctions before the restraints were used.(B)A description of the circumstances that led to the use of restraints.(C)Strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again.(2)Report to CongressBeginning on the date that is 6 months after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act, and every 6 months thereafter for a period of 10 years, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on—(A)the reasoning upon which the determination to use restraints was made; (B)the details of the use of restraints, including the type of restraints used and length of time during which restraints were used; and (C)any resulting physical effects on the prisoner observed by or known to the corrections official or United States Marshal, as applicable.(3)Report to the director and health care professional after placement in restrictive housingIf an official identified in subsection (b)(3), correctional officer, or United States Marshal places or causes an incarcerated woman to be placed in restrictive housing under such subsection, that official, correctional officer, or United States Marshal shall submit, not later than 30 days after placing or causing the placement of the incarcerated woman in restrictive housing, to the Director of the Bureau of Prisons or the Director of the United States Marshals Service, as applicable, and to the health care professional responsible for the health and safety of the woman, a written report which describes the facts and circumstances surrounding the restrictive housing placement, and includes the following:(A)The reasoning upon which the determination for the placement was made.(B)The details of the placement, including length of time of placement and how frequently and how many times the determination was made subsequent to the initial determination to continue the restrictive housing placement.(C)A description of all attempts to use alternative interventions and sanctions before the restrictive housing was used.(D)Any resulting physical effects on the woman observed by or reported by the health care professional responsible for the health and safety of the woman.(E)Strategies the facility is putting in place to identify more appropriate alternative interventions should a similar situation arise again.(4)Report to CongressBeginning on the date that is 6 months after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act, and every 6 months thereafter for a period of 10 years, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report on the information described in paragraph (3).(d)NoticeNot later than 24 hours after the confirmation of an incarcerated woman’s pregnancy by a health care professional, that woman shall be notified, orally and in writing, by an appropriate health care professional, correctional officer, or United States Marshal, as applicable—(1)of the restrictions on the use of restraints and restrictive housing placements under this section;(2)of the incarcerated woman’s right to make a confidential report of a violation of restrictions on the use of restraints or restrictive housing placement; and(3)that the facility staff have been advised of all rights of the incarcerated woman under subsection (a).(e)Violation reporting processNot later than 180 days after the date of enactment of this Act, the Director of the Bureau of Prisons and the Director of the United States Marshals Service shall establish processes through which an incarcerated person may report a violation of this section.(f)Notification of rightsThe warden of the Bureau of Prisons facility where a pregnant woman is in custody shall notify necessary facility staff of the pregnancy and of the incarcerated pregnant woman's rights under subsection (a).(g)RetaliationIt shall be unlawful for any Bureau of Prisons or United States Marshal Service employee to retaliate against an incarcerated person for reporting under the provisions of subsection (e) a violation of subsection (a).(h)EducationNot later than 90 days after the date of enactment of the Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act, the Director of the Bureau of Prisons and the Director of the United States Marshals Service shall each develop education guidelines regarding the physical and mental health needs of incarcerated pregnant women, and the use of restraints and restrictive housing placements on incarcerated women during the period of pregnancy, labor, and postpartum recovery, and shall incorporate such guidelines into appropriate education programs.(i)DefinitionIn this section:(1)RestraintsThe term restraints means any physical or mechanical device used to control the movement of an incarcerated pregnant woman’s body, limbs, or both.(2)Restrictive housingThe term restrictive housing means any type of detention that involves—(A)removal from the general inmate population, whether voluntary or involuntary;(B)placement in a locked room or cell, whether alone or with another inmate; and(C)inability to leave the room or cell for the vast majority of the day..(b)Clerical amendmentThe table of sections at the beginning of chapter 317 of title 18, United States Code, is amended by amending the item relating to section 4322 to read as follows: 4322. Use of restraints and restrictive housing on incarcerated women during the period of pregnancy, labor, and postpartum recovery prohibited and to improve pregnancy care for women in Federal prisons..5.Treatment of women with high-risk pregnancies(a)In generalChapter 303 of title 18, United States Code, is amended by adding at the end the following:4051.Treatment of incarcerated pregnant women (a)High-Risk pregnancy health careThe Director of the Bureau of Prisons shall ensure that each incarcerated pregnant woman receives health care appropriate for a high-risk pregnancy, including obstetrical and gynecological care, during pregnancy and post-partum recovery. (b)High-Risk pregnancies(1)In generalThe Director of the Bureau of Prisons shall transfer any incarcerated woman, who is determined by a health care professional to have a high-risk pregnancy and who agrees to be transferred, to a Residential Reentry Center with adequate health care during her pregnancy and post-partum recovery.(2)PriorityThe Residential Reentry Center to which an incarcerated pregnant woman is transferred pursuant to paragraph (1) shall be in a geographical location that is close to the family members of the incarcerated pregnant woman. In the case that a Residential Reentry Center is unavailable, the incarcerated pregnant woman shall be transferred to alternative housing, including housing with a family member.(3)TransportationTo transport an incarcerated pregnant woman to a Residential Reentry Center, the Director of the Bureau of Prisons shall provide to the woman a mode of transportation that has been approved by the woman’s health care professional, at no expense to the woman.(4)MonitoringIn the case that an incarcerated pregnant woman transferred to alternative housing pursuant to this section is monitored electronically, an ankle monitor may not be used on the woman, unless there is no feasible alternative for monitoring the woman.(5)Service of sentenceAny time accrued at a Residential Reentry Center or alternative housing as a result of a transfer made pursuant to this section shall be credited toward service of the incarcerated pregnant woman’s sentence.(6)Credit for pretrial custodyIn the case of an incarcerated pregnant woman, any time accrued in pretrial custody shall be credited toward service of the woman’s sentence.(c)DefinitionsIn this section:(1)Family memberThe term family member means any individual related by blood or affinity whose close association with the incarcerated pregnant woman is the equivalent of a family relationship, including a parent, sibling, child, or individual standing in loco parentis.(2)Residential Reentry CenterThe term Residential Reentry Center means a Bureau of Prisons contracted residential reentry center. (3)Health care professional(A)In generalThe term health care professional means—(i)a doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State in which the doctor practices;(ii)any physician’s assistant or nurse practitioner who is supervised by a doctor of medicine or osteopathy described in clause (i); or(iii)any other person determined by the Secretary to be capable of providing health care services.(B)Other health care servicesA person is capable of providing health care services if the person is—(i)a podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in the State and performing within the scope of their practice as defined under State law;(ii)a nurse practitioner, nurse-midwife, clinical social worker, or physician’s assistant who is authorized to practice under State law and who is performing within the scope of their practice as defined under State law; and(iii)any health care professional from whom an employer or the employer's group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.(C)Authorized to practice in the StateThe term authorized to practice in the State means that a professional must be authorized to diagnose and treat physical or mental health conditions under the laws of the State in which the professional practices and where the facility is located.(4)High-risk pregnancyThe term high-risk pregnancy means, with respect to an incarcerated woman, that the pregnancy threatens the health or life of the woman or pregnancy, as determined by a health care professional.(5)Post-partum recoveryThe term post-partum recovery means the 3-month period beginning on the date on which an incarcerated pregnant woman gives birth..(b)Conforming amendmentThe table of sections for chapter 303 of title 18, United States Code, is amended by adding at the end the following:4051. Treatment of incarcerated pregnant women..6.Exemption of incarcerated pregnant women from the requirements for suits by prisonersSection 7 of the Civil Rights of Institutionalized Persons Act (42 U.S.C. 1997e) is amended—(1)in subsection (a), by inserting after the period at the end the following: This subsection shall not apply with respect to an incarcerated pregnant woman who brings an action relating to or affecting the woman’s pregnancy.; and(2)in subsection (d)(1), insert , except an incarcerated pregnant woman, before who is confined.7.DefinitionsIn this Act:(1)In custodyThe term in custody means, with respect to an individual, that the individual is under the supervision of a Federal, State, tribal or local correctional facility, including pretrial and contract facilities, and juvenile or medical or mental health facilities. (2)Other pregnancy outcomeThe term other pregnancy outcome means a pregnancy that ends in stillbirth, miscarriage, or ectopic pregnancy.(3)Postpartum recoveryThe term postpartum recovery means the 12-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated pregnant woman, following delivery, and shall include the entire period that the incarcerated pregnant woman is in the hospital or infirmary.(4)RestraintsThe term restraints means any physical or mechanical device used to control the movement of an incarcerated pregnant woman’s body, limbs, or both.(5)Restrictive housingThe term restrictive housing means any type of detention that involves—(A)removal from the general inmate population, whether voluntary or involuntary;(B)placement in a locked room or cell, whether alone or with another inmate; and(C)inability to leave the room or cell for the vast majority of the day.8.Education and technical assistanceThe Director of the National Institute of Corrections shall provide education and technical assistance, in conjunction with the appropriate public agencies, at State and local correctional facilities that house women and facilities in which incarcerated women go into labor and give birth, in order to educate the employees of such facilities, including health personnel, on the dangers and potential mental health consequences associated with the use of restrictive housing and restraints on incarcerated women during pregnancy, labor, and postpartum recovery, and on alternatives to the use of restraints and restrictive housing placement.9.Bureau of Prisons staff and U.S. Marshals training(a)Bureau of prisons trainingBeginning not later than 180 days after the date of enactment of this Act, and biannually thereafter, the Director of the Bureau of Prisons shall train each correctional officer at any Bureau of Prisons women’s facility to carry out the requirements of this Act.(b)New hiresBeginning not later than 180 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall train any newly hired correctional officer at a Bureau of Prisons facility that houses women to carry out the requirements of this Act not later than 30 days after the date on which the officer is hired.(c)U.S. Marshal trainingBeginning not later than 180 days after the date of enactment of this Act, and biannually thereafter, the Director of the U.S. Marshals Service shall ensure that each Deputy U.S. Marshal is trained pursuant to the guidelines described in subsection (d). Newly hired deputies shall receive such training not later than 30 days after the date on which such deputy starts employment.(d)GuidelinesThe Director of the Bureau of Prisons and the United States Marshals Service shall each develop guidelines on the treatment of incarcerated women during pregnancy, labor, and postpartum recovery and incorporate such guidelines in the training required under this section. Such guidelines shall include guidance on—(1)the transportation of incarcerated pregnant women;(2)housing of incarcerated pregnant women;(3)nutritional requirements for incarcerated pregnant women; and(4)the right of a health care professional to request that restraints not be used.10.GAO study on State and local correctional facilitiesThe Comptroller General of the United States shall conduct a study of services and protections provided for pregnant incarcerated women in local and State correctional settings, including policies on obstetrical and gynecological care, education on nutrition, health and safety risks associated with pregnancy, mental health and substance use treatment, access to prenatal and post-delivery support services and programs, the use of restraints and restrictive housing placement, and the extent to which the intent of such policies are fulfilled.11.GAO study on Federal pretrial detention facilities(a)StudyThe Comptroller General of the United States shall conduct a study of services and protections provided for pregnant women who are incarcerated in Federal pretrial detention facilities. Specifically, the study shall examine—(1)what available data indicate about pregnant women detained or held in Federal pretrial detention facilities;(2)existing U.S. Marshals Service policies and standards that address the care of pregnant women in Federal pretrial detention facilities; and(3)what is known about the care provided to pregnant women in Federal pretrial detention facilities.(b)Report and best practicesNot later than 2 years after the date of enactment of this Act, the Comptroller General shall submit a report of the results of the study conducted under subsection (a) to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives. The report shall identify best practices for ensuring that Federal pretrial detention facilities implement services and protections for pregnant women consistent with this Act and shall provide recommendations on how to implement these best practices among all Federal pretrial detention facilities.(c)DefinitionFor purposes of this section, the term Federal pretrial detention facilities includes State, local, private, or other facilities under contract with the U.S. Marshals Service for the purpose of housing Federal pretrial detainees.12.PWIC grant programSection 508 of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended to read as follows:508.Pregnant women in custody grant program(a)Short titleThis section may be cited as the Pregnant Women in Custody Grant Program of 2020 or the PWIC Act of 2020.(b)EstablishmentThe Attorney General may make grants to eligible entities that have established a program to promote the health needs of incarcerated pregnant women in the criminal justice system at the State, tribal, and local levels or have declared their intent to establish such a program. Eligible entities shall—(1)promote the safety and wellness of pregnant women in custody;(2)provide services for obstetrical and gynecological care, for women in custody;(3)facilitate resources and support services for nutrition and physical and mental health, for women in custody;(4)establish and maintain policies that are substantially similar to the limitations imposed under section 4322 of title 18, United States Code, limiting the use of restraints on pregnant women in custody; and(5)maintain, establish, or build post-delivery lactation and nursery care or residential programs to keep the infant with the mother and to promote and facilitate bonding skills for incarcerated pregnant women and women with dependent children.(c)Grant periodA grant awarded under this section shall be for a period of not more than 5 years.(d)Eligible entityAn entity is eligible for a grant under this section if the entity is—(1)a State or territory department of corrections;(2)a tribal entity that operates a correctional facility; or(3)a unit of local government that operates a prison or jail that houses women; or(4)a locally-based nonprofit organization, that has partnered with a State or unit of local government that operates a correctional facility, with expertise in providing health services to incarcerated pregnant women.(e)ApplicationTo receive a grant under this section, an eligible entity shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require, including a detailed description of the need for the grant and an account of the number of individuals the grantee expects to benefit from the grant.(f)Administrative costsNot more than 5 percent of a grant awarded under this section may be used for costs incurred to administer such grant.(g)Construction costsNotwithstanding any other provision of this Act, no funds provided under this section may be used, directly or indirectly, for construction projects, other than new construction or upgrade to a facility used to provide lactation, nursery, obstetrical, or gynecological services.(h)Priority funding for States that provide programs and services for incarcerated women related to pregnancy and childbirthIn determining the amount provided to a State or unit of local government under this section, the Attorney General shall give priority to States or units of local government that have enacted laws or policies and implemented services or pilot programs for incarcerated pregnant women aimed at enhancing the safety and wellness of pregnant women in custody, including providing services for obstetrical and gynecological care, resources and support services for nutrition and physical and mental health, and post-delivery lactation and nursery care or residential programs to keep the infant with the mother and to promote and facilitate bonding skills for incarcerated pregnant women and women with dependent children. (i)Subgrant priorityA State that receives a grant under this section shall prioritize subgrants to a unit of local government within the State that has established a pilot program that enhances safety and wellness of pregnant women in custody.(j)Federal share(1)In generalThe Federal share of a grant under this section may not exceed 75 percent of the total costs of the projects described in the grant application.(2)WaiverThe requirement of paragraph (1) may be waived by the Assistant Attorney General upon a determination that the financial circumstances affecting the applicant warrant a finding that such a waiver is equitable.(k)Compliance and redirection of funds(1)In generalNot later than 1 year after an eligible entity receives a grant under this section, such entity shall implement a policy that is substantially similar to the policy under section 3 of Protecting the Health and Wellness of Babies and Pregnant Women in Custody Act.(2)ExtensionThe Attorney General may provide a 120-day extension to an eligible entity that is making good faith efforts to collect the information required under paragraph (1).(l)Authorization of appropriationsThere are authorized to be appropriated to carry out this section, to remain available until expended—(1)for fiscal year 2021, $5,000,000;(2)for fiscal year 2022, $5,000,000;(3)for fiscal year 2023, $5,000,000; (4)for fiscal year 2024, $6,000,000; and (5)for fiscal year 2025, $6,000,000.(m)Funds To be supplementalTo receive a grant under this section, the eligible entity shall certify to the Attorney General that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services in the prison where funds will be used.(n)Unobligated and unspent fundsFunds made available pursuant to this section that remain unobligated for a period of 6 months after the end of the fiscal year for which the funds have been appropriated shall be awarded to other recipients of this grant.(o)Civil rights obligationA recipient of a grant under this section shall be subject to the nondiscrimination requirement under section 40002(b)(13) of the Violence Against Women Act of 1994 (34 U.S.C. 12291(b)(13)).(p)DefinitionsIn this section, the term in custody means, with respect to an individual, that the individual is under the supervision of a Federal, State, tribal, or local correctional facility, including pretrial and contract facilities, and juvenile or medical or mental health facilities. .13.Placement in prerelease custodySection 3624(c)(1) of title 18, United States Code, is amended by adding at the end the following: Notwithstanding any other provision of this paragraph, in the case of a pregnant woman in custody, if that woman’s due date is within the final year of her term of imprisonment, that woman may be placed into prerelease custody beginning not earlier than the date that is 2 months prior to that woman’s due date..14.Determination of Budgetary EffectsThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.Passed the House of Representatives October 1, 2020.Cheryl L. Johnson,Clerk


		IV
		111th CONGRESS
		1st Session
		H. RES. 324
		IN THE HOUSE OF REPRESENTATIVES

			April 2, 2009
			Mr. Larson of
			 Connecticut submitted the following resolution; which was referred to
			 the Committee on Oversight and Government
			 Reform

		RESOLUTION
		Expressing support for designation of April
		  2009 as Jazz Appreciation Month and April 25, 2009, as
		  Willis Conover Day, and honoring the global impact of jazz
		  music.

		Whereas it is universally acknowledged and accepted by
			 Congress that April is “Jazz Appreciation Month”, and H. Res. 57 (100th
			 Congress) proclaimed jazz a national American treasure;
		Whereas the “Big Band Jam” was created in 2005 to bring
			 big band jazz to the Nation’s capital;
		Whereas the Big Band Jam will showcase the music of
			 student musicians and recognizes the importance of educating our youth about
			 America's unique jazz heritage;
		Whereas Washington, DC, area high schools, colleges,
			 universities, and military ensembles come together once a year to share their
			 appreciation of jazz, and they help bridge the gap between cultural diversity,
			 age, education, and income through the music;
		Whereas the Big Band Jam is produced in cooperation with
			 many esteemed cultural and government agencies, which include museums, art
			 organizations, memorials, and municipal agencies, all dedicated to increasing
			 the awareness and appreciation of jazz;
		Whereas, on April 25, 2009, the Big Band Jam will honor
			 the Voice of America and Willis Conover and the joint contribution toward
			 spreading the language of jazz and American cultural diplomacy around the world
			 over a span of more than 35 years;
		Whereas the public shall share together in a celebration
			 of the global impact of jazz music, an American treasure, that will feature
			 America’s own Smithsonian Jazz Masterworks Orchestra, under the musical
			 direction of National Endowment for the Arts (NEA) Jazz Master David N. Baker,
			 as they each and all pay tribute to “America’s Jazz Musical Masters”;
		Whereas April 2009 would be an appropriate month to
			 designate as Jazz Appreciation Month; and
		Whereas April 25, 2009, would be an appropriate day to
			 designate as Willis Conover Day: Now, therefore, be it

		That the House of Representatives
			 supports the designation of Jazz Appreciation Month and
			 Willis Conover Day.


110 HRES 1366 IH: Recognizing Honor Flight Michigan, Inc.,

U.S. House of Representatives
2008-07-23
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.

		IV
		110th CONGRESS
		2d Session
		H. RES. 1366
		IN THE HOUSE OF REPRESENTATIVES

			July 23, 2008
			Mr. Knollenberg
			 submitted the following resolution; which was referred to the
			 Committee on Veterans’
			 Affairs

		RESOLUTION
		Recognizing Honor Flight Michigan, Inc.,
		  for its important work in recognizing World War II veterans and expressing
		  condolences to the family and friends of David Cameron following his
		  death.

		Whereas there are an estimated 3,000,000 World War II
			 veterans alive today;
		Whereas Honor Flight Michigan, Inc., is a nonprofit
			 organization founded by David and Carole Cameron;
		Whereas Honor Flight Michigan raises funds to send World
			 War II veterans from Michigan to see the World War II Memorial in Washington,
			 District of Columbia, at no cost to the veteran;
		Whereas Honor Flight Michigan works with local veterans
			 organizations to ensure every Michigan veteran who wants to see the World War
			 II Memorial can do so;
		Whereas Honor Flight Michigan is funded by donations from
			 people across the United States;
		Whereas Honor Flight Michigan makes 2 trips per month to
			 our Nation’s Capital between April and November;
		Whereas Honor Flight Michigan has made 13 trips to
			 Washington, District of Columbia, since April 2007 to give World War II
			 veterans a chance to see the Memorial erected in recognition of their service
			 to our Nation;
		Whereas Honor Flight Michigan helped pave the way for over
			 30 States to provide a similar opportunity for their World War II
			 veterans;
		Whereas David Cameron was a founding member of the
			 nationwide Honor Flight Network, which works to bring veterans from across the
			 country to the World War II Memorial;
		Whereas David Cameron, a businessman from Royal Oak,
			 Michigan, who dedicated the last 2 years of his life to veterans, passed away
			 on Sunday, June 8, 2008; and
		Whereas David Cameron is survived by his wife, Carole, and
			 3 sons: Michael, Don, and David: Now, therefore, be it

		That the House of
			 Representatives—
			(1)honors the mission
			 of Honor Flight Michigan and the World War II veterans who so honorably served
			 our Nation;
			(2)recognizes the
			 patriotism of David and Carole Cameron; and
			(3)mourns the loss of
			 David Cameron.


115 HR 5679 IH: Jobs Plus Recovery Act of 2018
U.S. House of Representatives
2018-05-07
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.

I115th CONGRESS2d SessionH. R. 5679IN THE HOUSE OF REPRESENTATIVESMay 7, 2018Mr. Norcross (for himself and Mr. Brat) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on Energy and Commerce, 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 require the Secretary of Labor, in consultation with the Secretary of Health and Human Services,
			 to establish a pilot program for Jobs Plus Recovery programs, and for
			 other purposes.

 1.Short titleThis Act may be cited as the Jobs Plus Recovery Act of 2018. 2.Pilot program for jobs plus recovery programs (a)DefinitionsIn this section:
 (1)Education providerThe term education provider has the meaning given the term institution of higher education in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102). (2)Jobs plus recovery programThe term Jobs Plus Recovery program means a program carried out through a grant under this section.
 (3)Local area; local board; one-stop operatorThe terms local area, local board, and one-stop operator have the meanings given such terms in section 3 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102).
 (4)Peer recovery support servicesThe term peer recovery support services means a collection of community services that— (A)are designed and delivered by individuals who have experienced both substance use disorder and recovery from such disorder;
 (B)are delivered to individuals with a substance use disorder; and (C)include peer-to-peer programs, job and life-skills training, assistance in obtaining supportive housing or recovery housing, and other services that contribute to better overall health and well-being.
 (5)Program participantThe term program participant means an individual that is identified as having a substance use disorder and enrolls in a Job Plus Recovery program to receive any of the services described in subsection (d)(1).
 (6)Treatment providersThe term treatment provider— (A)means a health care provider that offers services for treating substance use disorders; and
 (B)may include— (i)a nonprofit provider of peer recovery support services;
 (ii)a community health care provider, or any other health care provider; (iii)a federally qualified health center (as defined in section 1861(aa) of the Social Security Act (42 U.S.C. 1395x)); or
 (iv)any other health care provider or health-related organization that treats a substance use disorder, including a provider that offers medication-assisted therapy or a provider listed on the Behavioral Health Treatment Services Locator of the Substance Abuse and Mental Health Services Administration.
 (7)SecretaryThe term Secretary means the Secretary of Labor. (8)State boardThe term State board means a State workforce development board established under section 101 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3111).
 (9)Substance use disorderThe term substance use disorder means such a disorder within the meaning of title V of the Public Health Service Act (42 U.S.C. 290aa et seq.).
				(b)Establishment of the pilot program
 (1)In generalThe Secretary, in consultation with the Secretary of Health and Human Services, shall establish and carry out a pilot program to award grants to local boards (which, for purposes of this section, may include consortia of local boards) to carry out Jobs Plus Recovery programs through a partnership described in subsection (c)(1).
 (2)ApplicationsA local board desiring a grant under this section shall submit an application to the Secretary at such time and in such form and manner as the Secretary may reasonably require. Such application shall include a demonstration that the local board has notified the applicable State board of its application for such grant.
				(3)Selection
 (A)In generalThe Secretary, in consultation with the Secretary of Health and Human Services, shall select grant recipients under this section based on each of the following criteria:
 (i)An analysis of the demand for the Jobs Plus Recovery program in the local area served by the local board, including analyzing demand by determining whether the local board is in a local area with a high annual rate of—
 (I)individuals with a substance use disorder; (II)drug and alcohol overdose and mortality;
 (III)illicit drug use and binge drinking among adults; (IV)suicide; and
 (V)underemployment or unemployment. (ii)An analysis of the estimated performance of the local board in carrying out a Jobs Plus Recovery program, including—
 (I)using key performance indicators to assess the estimated effectiveness of the program, including the estimated number of individuals with a substance use disorder who may be served by the program;
 (II)analyzing the record of the local board in serving individuals with a barrier to employment; and (III)analyzing the ability of the local board to establish the partnership described in subsection (c)(1).
 (iii)Consideration of geographic distribution (such as urban and rural distribution) of grants awarded under this section.
 (B)AnalysisThe analysis described in subparagraph (A)(i) may include or utilize— (i)data from the National Center for Health Statistics of the Centers for Disease Control and Prevention;
 (ii)data from the Center for Behavioral Health Statistics and Quality of the Substance Abuse and Mental Health Services Administration;
 (iii)State vital statistics; (iv)municipal police department records; and
 (v)local coroners' reports. (c)Partnership (1)In generalEach local board receiving a grant under this section shall enter into a partnership to provide the services and carry out the activities under subsection (d), by contracting with at least 1 of each of the following entities:
 (A)A treatment provider that— (i)meets the standard under paragraph (2); and
 (ii)is a nonprofit entity, unless no such entity that meets the requirements under this subparagraph is located in the local area.
 (B)A one-stop operator, or other entity with experience in providing comprehensive job training services.
 (C)An education provider. (D)A justice or law enforcement organization.
 (E)A community-based organization. (F)Any other organization as the Secretary determines appropriate.
 (2)Standard for treatment providersThe Secretary, in consultation with the Secretary of Health and Human Services, shall establish a standard that each treatment provider entering into a partnership under paragraph (1)(A) shall meet based on best practices identified by the Secretary.
				(d)Use of funds
 (1)Services and activitiesEach partnership described in subsection (c)(1) shall, through a Jobs Plus Recovery program, provide a minimum of each of the following services:
 (A)Screening servicesScreening services, including— (i)using an evidence-based screening method to screen each individual seeking participation in the Jobs Plus Recovery program to determine whether the individual has a substance use disorder;
 (ii)conducting an assessment of each such individual to determine the services needed for such individual to obtain or retain employment, including an assessment of strengths and general work readiness; and
 (iii)accepting walk-ins or referrals from employers, labor organizations, or other entities recommending individuals to participate in such program.
 (B)Individual treatment and employment planDeveloping an individual treatment and employment plan for each program participant, which shall include providing a case manager to work with each participant to—
 (i)identify employment and career goals; (ii)explore career pathways that lead to high-demand industries and sectors as determined by the State board and the lead State official responsible for the administration of workforce investment activities;
 (iii)set appropriate achievement objectives to attain the employment and career goals identified under clause (i); and
 (iv)develop the appropriate combination of services to enable the participant to achieve such employment and career goals.
 (C)Outpatient treatment and recovery careIndividualized and group outpatient treatment and recovery services for program participants that are offered during the day, evening, weekends. Such treatment and recovery services—
 (i)shall— (I)be based on a model that utilizes combined behavioral interventions and other evidence-based or evidence-informed interventions; and
 (II)comply with the standard described in subsection (c)(2); and (ii)may include additional services such as—
 (I)health (including mental health) services, addiction services, or other forms of outpatient treatment that may impact opioid use disorder and co-occurring conditions;
 (II)linkages to community services, including services designed to support program participants that are offered by the entities that compose the partnership described in subsection (c)(1); and
 (III)referrals to health care providers, including referrals to providers of substance use disorder treatment and mental health services.
 (D)Supportive servicesSupportive services provided to program participants to ensure that such participants maintain employment for at least 12 months. Such supportive services—
 (i)shall include— (I)coordinated wraparound services to provide maximum support for program participants to ensure that the program participants maintain employment and recovery for at least 12 months;
 (II)assistance in establishing eligibility for assistance under Federal, State, and local programs providing health services (including mental health services), housing services, transportation services, or social services; and
 (III)peer recovery support services; and (ii)may include additional supportive services such as—
 (I)networking and mentorship opportunities; and (II)any other supportive services determined necessary by the local board.
 (E)Career job training servicesCareer and job training services offered concurrently or sequentially with the services provided under subparagraphs (A) through (D). Such services shall include each of the following:
 (i)Services provided to program participants in a pre-employment stage of the program, which may include—
 (I)initial education and skills assessments; (II)traditional classroom training funded through individual training accounts under section 134(c)(3)(F) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)(3)(F));
 (III)employability skills such as punctuality, personal maintenance skills, and professional conduct; (IV)in-depth interviewing and evaluation to identify employment barriers and to develop individual employment plans;
 (V)career planning that includes— (aa)career pathways leading to high-demand, high-wage jobs; and
 (bb)job coaching, job matching, and job placement services; (VI)payments and fees for employment and training-related applications, tests, and certifications; and
 (VII)any other appropriate training service described in section 134(c) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3174(c)).
 (ii)Services provided to program participants during their first 6 months of employment to ensure job retention, which may include—
 (I)case management and support services, including a continuation of the services described in clause (i);
 (II)a continuation of skills training, and career and technical education, described in clause (i) that are conducted in collaboration with the employers of such participants;
 (III)mentorship services and job retention support for such participants; or (IV)targeted training for managers, workers working with such participants (such as mentors), and human resource representatives in the business in which such participants are employed.
 (iii)Services to ensure program participants maintain employment for at least 12 months. (2)Engaging employersEach local board receiving a grant under this section shall, through the partnership under subsection (c)(1), engage with employers to—
 (A)learn about the skill and hiring requirements of employers; (B)learn about the support needed by employers to hire and retain program participants, and other individuals with a substance use disorder, and the support needed by such employers to obtain their commitment to testing creative solutions to employing such participants and individuals;
 (C)connect employers and workers to on-the-job or customized training programs to help facilitate program participant employment;
 (D)connect employers with an education provider, or a provider of career and technical education under the Carl D. Perkins and Technical Education Act of 2006 (20 U.S.C. 2301 et seq.), to develop classroom instruction to complement on-the-job learning for such participants and individuals;
 (E)help employers develop the curriculum design of a work-based learning program for such participants and individuals; or
 (F)help employers employ such participants or individuals engaging in a work-based learning program for a transitional period before hiring the participant or individual for full-time employment of not less than 30 hours a week.
 (3)Proven and promising practicesA local board receiving a grant under this section shall, in carrying out a Jobs Plus Recovery program, lead efforts in the local area to identify and promote proven and promising strategies and initiatives for meeting the needs of employers and program participants.
 (4)LimitationsA local board receiving a grant under this section may not use— (A)more than 5 percent of the funds received under such grant for administrative costs of the partnership described in subsection (c)(1);
 (B)more than 10 percent of the funds received under such grant for the provision of outpatient treatment and recovery services described in subsection (d)(1)(C); and
 (C)more than 10 percent of the funds received under such grant for the provision of supportive services described in subsection (d)(1)(D).
					(e)Performance accountability
 (1)ReportsThe Secretary shall establish quarterly reporting requirements for recipients of grants under this section that, to the extent practicable, are based on the performance accountability system under section 116 of the Workforce Innovation and Opportunity Act (29 U.S.C. 3141), including the indicators described in subsection (c)(1)(A), and requirements for local area performance reports under subsection (d), of such section.
				(2)Evaluations
 (A)Authority to enter into agreementsThe Secretary shall ensure that an independent evaluation is conducted on each Jobs Plus Recovery program to determine the impact of the program on employment of individuals with substance use disorders. The Secretary shall enter into an agreement with the local board carrying out the program to pay for all or part of such evaluation.
 (B)Methodologies to be usedThe independent evaluation required under this paragraph shall use experimental designs using random assignment or, when random assignment is not feasible, other reliable, evidence-based research methodologies that allow for the strongest possible causal inferences.
 (f)Authorization of appropriationsThere are authorized to be appropriated to carry out this section such sums as may be necessary. 3.Amendment to the Workforce Innovation and Opportunity ActSection 3(24) of the Workforce Innovation and Opportunity Act (29 U.S.C. 3102(24)) is amended—
 (1)by redesignating subparagraph (N) as subparagraph (O); and (2)by inserting after subparagraph (M) the following:

 (N)Individuals with a substance use disorder (within the meaning of such term in title V of the Public Health Service Act (42 U.S.C. 290aa et seq.))..


		II

		109th CONGRESS

		1st Session

		S. 1697

		IN THE SENATE OF THE UNITED

		  STATES

			September 14, 2005

			Mr. Smith (for himself

			 and Mr. Bingaman) introduced the

			 following bill; which was read twice and referred to the

			 Committee on

			 Finance

		A BILL

		To amend the Internal Revenue Code of 1986

		  to allow the Hope Scholarship Credit to cover fees, books, supplies, and

		  equipment and to exempt Federal Pell Grants and Federal supplemental

		  educational opportunity grants from reducing expenses taken into account for

		  the Hope Scholarship Credit.

		1.Expansion of educational

			 expenses allowed as part of Hope Scholarship Credit

			(a)Qualified tuition

			 and related expenses expanded to include books, supplies, and

			 equipmentParagraph (1) of

			 section

			 25A(f) of the Internal Revenue Code of 1986 (defining qualified

			 tuition and related expenses) is amended by adding at the end the following new

			 subparagraph:

					(D)Additional

				expenses allowed for Hope Scholarship CreditFor purposes of the Hope Scholarship

				Credit, such term shall include fees, books, supplies, and equipment required

				for courses of instruction at the eligible educational

				institution.

					.

			(b)Hope Scholarship

			 Credit not reduced by Federal Pell Grants and supplemental educational

			 opportunity grantsSubsection

			 (g) of section 25A of such Code (relating to special rules) is amended by

			 adding at the end the following new paragraph:

					(8)Pell and seog

				grantsFor purposes of the

				Hope Scholarship Credit, paragraph (2) shall not apply to amounts paid for an

				individual as a Federal Pell Grant or a Federal supplemental educational

				opportunity grant under subparts 1 and 3, respectively, of part A of title IV

				of the Higher Education Act of 1965

				(20 U.S.C. 1070a and 1070b et seq.,

				respectively).

					.

			(c)Expanded hope

			 expenses not subject to information reporting requirementsSubsection (e) of section 6050S of such

			 Code (relating to definitions) is amended by striking subsection

			 (g)(2) and inserting subsections (f)(1)(D) and

			 (g)(2).

			(d)Effective

			 dateThe amendments made by

			 this section shall apply to expenses paid after December 31, 2004 (in tax years

			 ending after such date), for education furnished in academic periods beginning

			 after such date.


		III

		108th CONGRESS

		2d Session

		S. RES. 485

		IN THE SENATE OF THE UNITED STATES

			December 8, 2004

			Mr. Smith (for himself,

			 Mr. Biden, Ms.

			 Stabenow, and Mr. Corzine)

			 submitted the following resolution; which was referred to the

			 Committee on Foreign

			 Relations

		RESOLUTION

		Expressing the sense of the Senate

		  regarding the November 21, 2004, Presidential runoff election in

		  Ukraine.

		Whereas on November 21, 2004, Ukraine held a presidential

			 runoff election between former Prime Minister and opposition candidate Victor

			 Yushchenko and current Prime Minister Victor Yanukovych;

		Whereas the Ukrainian Central Election Commission reported

			 that Mr. Yanukovych won 49.42 percent of the vote and Mr. Yushchenko won 46.7

			 percent of the vote in the runoff election, despite the fact that several exit

			 polls indicated that Mr. Yushchenko secured significantly more votes than Mr.

			 Yanukovych;

		Whereas the International Election Observation Mission

			 from the Organization for Security and Cooperation in Europe (OSCE) determined

			 that the runoff election did not meet international standards for democratic

			 elections, and specifically declared that state resources were abused to

			 support the candidacy of Prime Minister Yanukovych;

		Whereas the Committee of Voters of Ukraine, a

			 nongovernmental electoral organization in Ukraine, reported on illegal voting

			 by absentee ballot, multiple voting, assaults on electoral observers and

			 journalists, the use of counterfeit ballots, and even kidnaping;

		Whereas such reports of fraud were also echoed by Senator

			 Richard Lugar of Indiana, Chairman of the Committee on Foreign Relations of the

			 Senate, an observer to the runoff election designated by President George W.

			 Bush;

		Whereas since November 22, 2004, tens of thousands of

			 people have engaged in peaceful demonstrations in Kiev, Ukraine, to protest the

			 declaration by the Central Election Commission of Mr. Yanukovych as the winner

			 of the runoff election;

		Whereas antigovernment protests in support of opposition

			 candidate Mr. Yushchenko took place in cities throughout Ukraine, and several

			 city councils adopted resolutions that declared Mr. Yushchenko as the legally

			 elected president;

		Whereas on November 23, 2004, opposition candidate Mr.

			 Yushchenko declared victory in the runoff election and took a symbolic oath of

			 office;

		Whereas the United States has called for a complete and

			 immediate investigation into the conduct of the runoff election to examine

			 fully the reports of fraud and corruption;

		Whereas the European Union has also stated that

			 authorities in Ukraine must redress election irregularities and that the

			 reported results do not reflect the will of the people of Ukraine;

		Whereas the Ukrainian Supreme Court blocked the

			 publication of the official runoff election results stating that Mr. Yanukovych

			 was the winner, thus preventing his inauguration as President of Ukraine until

			 the court examined the reports of voter fraud;

		Whereas on November 27, 2004, the Parliament of Ukraine

			 passed a resolution declaring that there were violations of law during the

			 runoff election but on November 30, 2004, with support from progovernment and

			 communist parties, canceled the resolution;

		Whereas 15 eastern and southern regions in Ukraine that

			 supported the candidacy of Mr. Yanukovych threatened to split off from the

			 country if an illegitimate president were to come to power;

		Whereas on December 1, 2004, the Parliament of Ukraine

			 passed a no confidence motion in the cabinet of Prime Minister Yanukovych as

			 approximately 100,000 supporters of Mr. Yushchenko demonstrated in front of the

			 parliament building;

		Whereas Mr. Yanukovych and Mr. Yushchenko, along with

			 European mediators and current Ukraine President Leonid Kuchma, began

			 discussions on December 1, 2004, to attempt to work out a resolution to the

			 standoff;

		Whereas on December 3, 2004, the Ukrainian Supreme Court

			 ruled that the November 21, 2004, runoff election was invalid and ordered a new

			 vote on December 26, 2004;

		Whereas on December 8, 2004, the Parliament of Ukraine

			 passed electoral changes to reform the Central Election Commission and close

			 loopholes for fraud, as well as constitutional changes to reduce the power of

			 the President of Ukraine; and

		Whereas the manner in which this crisis is resolved will

			 have significant implications for the perceptions of the democratic

			 institutions of Ukraine by the international community: Now, therefore, be

			 it

		That the Senate—

			(1)condemns the

			 widespread fraud in the November 21, 2004, runoff presidential election in

			 Ukraine;

			(2)objects to the

			 separatist initiatives in Ukraine that are being used by one side to influence

			 the outcome of the election dispute; and

			(3)supports a

			 peaceful political and legal settlement in Ukraine that is based on the

			 principles of democracy and reflects the will of the people of Ukraine.