S.Amdt. 4059Senate108th Congress (2003-2005)
To strike section 306, relating to a repeal of the limitation on the length of service as a member of the Select Committee on Intelligence of the Senate.
Sponsored by 
Sen. Pat Roberts (R-KS)
Sen. Pat Roberts (R-KS)Submitted October 11, 2004
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Senate amendment submitted
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Senate amendment submitted
October 11, 2004
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Senate amendment agreed to: Amendment SA 4059 agreed to in Senate by Unanimous Consent.
October 11, 2004
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Senate amendment proposed (on the floor): Amendment SA 4059 proposed by Senator Sessions for Senator Roberts.(consideration: CR S11271; text: CR S11271)
October 11, 2004
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Amendment SA 4059 proposed by Senator Sessions for Senator Roberts. (consideration: CR S11271; text: CR S11271) To strike section 306, relating to a repeal of the limitation on the length of service as a member of the Select Committee on Intelligence of the Senate.
October 11, 2004
Floor
Amendment SA 4059 agreed to in Senate by Unanimous Consent.
October 11, 2004
Text
Submitted
TEXT OF AMENDMENTS
SA 4058. Mr. SESSIONS (for Mrs. Feinstein) proposed an amendment to
the bill S. 1129, to provide for the protection of unaccompanied alien
children, and for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Unaccompanied Alien Child Protection Act of 2004''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION
Sec. 101. Procedures when encountering unaccompanied alien children.
Sec. 102. Family reunification for unaccompanied alien children with
relatives in the United States.
Sec. 103. Appropriate conditions for detention of unaccompanied alien
children.
Sec. 104. Repatriated unaccompanied alien children.
Sec. 105. Establishing the age of an unaccompanied alien child.
Sec. 106. Effective date.
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD LITEM
AND COUNSEL
Sec. 201. Guardians ad litem.
Sec. 202. Counsel.
Sec. 203. Effective date; applicability.
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN
CHILDREN
Sec. 301. Special immigrant juvenile visa.
Sec. 302. Training for officials and certain private parties who come
into contact with unaccompanied alien children.
Sec. 303. Report.
Sec. 304. Effective date.
TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS
Sec. 401. Guidelines for children's asylum claims.
Sec. 402. Unaccompanied refugee children.
Sec. 403. Exceptions for unaccompanied alien children in asylum and
refugee-like circumstances.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
TITLE VI--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
Sec. 601. Additional responsibilities and powers of the Office of
Refugee Resettlement with respect to unaccompanied alien
children.
Sec. 602. Technical corrections.
Sec. 603. Effective date.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Competent.--The term ``competent'', in reference to
counsel, means an attorney who complies with the duties set
forth in this Act and--
(A) is a member in good standing of the bar of the highest
court of any State, possession, territory, Commonwealth, or
the District of Columbia;
(B) is not under any order of any court suspending,
enjoining, restraining, disbarring, or otherwise restricting
the attorney in the practice of law; and
(C) is properly qualified to handle matters involving
unaccompanied immigrant children or is working under the
auspices of a qualified nonprofit organization that is
experienced in handling such matters.
(2) Director.--The term ``Director'' means the Director of
the Office.
(3) Directorate.--The term ``Directorate'' means the
Directorate of Border and Transportation Security established
by section 401 of the Homeland Security Act of 2002 (6 U.S.C.
201).
(4) Office.--The term ``Office'' means the Office of
Refugee Resettlement as established by section 411 of the
Immigration and Nationality Act (8 U.S.C. 1521).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the same meaning as is given the term in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2)).
(7) Voluntary agency.--The term ``voluntary agency'' means
a private, nonprofit voluntary agency with expertise in
meeting the cultural, developmental, or psychological needs
of unaccompanied alien children, as certified by the Director
of the Office of Refugee Resettlement.
(b) Amendments to the Immigration and Nationality Act.--
Section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)) is amended by adding at the end the
following:
``(51) The term `unaccompanied alien child' means a child
who--
``(A) has no lawful immigration status in the United
States;
``(B) has not attained the age of 18; and
``(C) with respect to whom--
``(i) there is no parent or legal guardian in the United
States; or
``(ii) no parent or legal guardian in the United States is
able to provide care and physical custody.
``(52) The term `unaccompanied refugee children' means
persons described in paragraph (42) who--
``(A) have not attained the age of 18; and
``(B) with respect to whom there are no parents or legal
guardians available to provide care and physical custody.''.
(c) Rule of Construction.--A department or agency of a
State, or an individual or entity appointed by a State court
or juvenile court located in the United States, acting in
loco parentis, shall not be considered a legal guardian for
purposes of section 462 of the Homeland Security Act of 2002
(6 U.S.C. 279) or this Act.
TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION
SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN
CHILDREN.
(a) Unaccompanied Children Found Along the United States
Border or at United States Ports of Entry.--
(1) In general.--Subject to paragraph (2), if an
immigration officer finds an unaccompanied alien child who is
described in paragraph (2) at a land border or port of entry
of the United States and determines that such child is
inadmissible under the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), the officer shall--
(A) permit such child to withdraw the child's application
for admission pursuant to section 235(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
(B) return such child to the child's country of nationality
or country of last habitual residence.
(2) Special rule for contiguous countries.--
(A) In general.--Any child who is a national or habitual
resident of a country that is contiguous with the United
States and that has an agreement in writing with the United
States providing for the safe return and orderly repatriation
of unaccompanied alien children who are nationals or habitual
residents of such country shall be treated in accordance with
paragraph (1), if a determination is made on a case-by-case
basis that--
(i) such child is a national or habitual resident of a
country described in subparagraph (A);
(ii) such child does not have a fear of returning to the
child's country of nationality or country of last habitual
residence owing to a fear of persecution;
(iii) the return of such child to the child's country of
nationality or country of last habitual residence would not
endanger the life or safety of such child; and
(iv) the child is able to make an independent decision to
withdraw the child's application for admission due to age or
other lack of capacity.
(B) Right of consultation.--Any child described in
subparagraph (A) shall have the right to consult with a
consular officer from the child's country of nationality or
country of last habitual residence prior to repatriation, as
well as consult with the Office, telephonically, and such
child shall be informed of that right in the child's native
language.
(3) Rule for apprehensions at the border.--The custody of
unaccompanied alien children not described in paragraph (2)
who are apprehended at the border of the United States or at
a United States port of entry shall be treated in accordance
with the provisions of subsection (b).
[[Page S11313]]
(b) Care and Custody of Unaccompanied Alien Children Found
in the Interior of the United States.--
(1) Establishment of jurisdiction.--
(A) In general.--Except as otherwise provided under
subparagraphs (B) and (C) and subsection (a), the care and
custody of all unaccompanied alien children, including
responsibility for their detention, where appropriate, shall
be under the jurisdiction of the Office.
(B) Exception for children who have committed crimes.--
Notwithstanding subparagraph (A), the Directorate shall
retain or assume the custody and care of any unaccompanied
alien child who--
(i) has been charged with any felony, excluding offenses
proscribed by the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), while such charges are pending; or
(ii) has been convicted of any such felony.
(C) Exception for children who threaten national
security.--Notwithstanding subparagraph (A), the Directorate
shall retain or assume the custody and care of an
unaccompanied alien child if the Secretary has substantial
evidence, based on an individualized determination, that such
child could personally endanger the national security of the
United States.
(D) Trafficking victims.--For purposes of section 462 of
the Homeland Security Act of 2002 (6 U.S.C. 279) and this
Act, an unaccompanied alien child who is eligible for
services authorized under the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386), shall
be considered to be in the custody of the Office.
(2) Notification.--
(A) In general.--The Secretary shall promptly notify the
Office upon--
(i) the apprehension of an unaccompanied alien child;
(ii) the discovery that an alien in the custody of the
Directorate is an unaccompanied alien child;
(iii) any claim by an alien in the custody of the
Directorate that such alien is under the age of 18; or
(iv) any suspicion that an alien in the custody of the
Directorate who has claimed to be over the age of 18 is
actually under the age of 18.
(B) Special rule.--In the case of an alien described in
clause (iii) or (iv) of subparagraph (A), the Director shall
make an age determination in accordance with section 105 and
take whatever other steps are necessary to determine whether
or not such alien is eligible for treatment under section 462
of the Homeland Security Act of 2002 (6 U.S.C. 279) or this
Act.
(3) Transfer of unaccompanied alien children.--
(A) Transfer to the office.--The care and custody of an
unaccompanied alien child shall be transferred to the
Office--
(i) in the case of a child not described in subparagraph
(B) or (C) of paragraph (1), not later than 72 hours after a
determination is made that such child is an unaccompanied
alien child;
(ii) in the case of a child whose custody and care has been
retained or assumed by the Directorate pursuant to
subparagraph (B) or (C) of paragraph (1), immediately
following a determination that the child no longer meets the
description set forth in such subparagraphs; or
(iii) in the case of a child who was previously released to
an individual or entity described in section 102(a)(1), upon
a determination by the Director that such individual or
entity is no longer able to care for the child.
(B) Transfer to the directorate.--Upon determining that a
child in the custody of the Office is described in
subparagraph (B) or (C) of paragraph (1), the Director shall
transfer the care and custody of such child to the
Directorate.
(C) Promptness of transfer.--In the event of a need to
transfer a child under this paragraph, the sending office
shall make prompt arrangements to transfer such child and the
receiving office shall make prompt arrangements to receive
such child.
(c) Age Determinations.--In any case in which the age of an
alien is in question and the resolution of questions about
the age of such alien would affect the alien's eligibility
for treatment under section 462 of the Homeland Security Act
of 2002 (6 U.S.C. 279) or this Act, a determination of
whether or not such alien meets such age requirements shall
be made by the Director in accordance with section 105.
SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN
CHILDREN WITH RELATIVES IN THE UNITED STATES.
(a) Placement Authority.--
(1) Order of preference.--Subject to the discretion of the
Director under section 462(b)(2) of the Homeland Security Act
of 2002 (6 U.S.C. 279(b)(2)) and under paragraph (4) of this
subsection and section 103(a)(2) of this Act, an
unaccompanied alien child in the custody of the Office shall
be promptly placed with 1 of the following individuals or
entities in the following order of preference:
(A) A parent who seeks to establish custody, as described
in paragraph (3)(A).
(B) A legal guardian who seeks to establish custody, as
described in paragraph (3)(A).
(C) An adult relative.
(D) An individual or entity designated by the parent or
legal guardian that is capable and willing to care for the
well-being of the child.
(E) A State-licensed juvenile shelter, group home, or
foster care program willing to accept physical custody of the
child.
(F) A qualified adult or entity seeking custody of the
child when it appears that there is no other likely
alternative to long-term detention and family reunification
does not appear to be a reasonable alternative. For purposes
of this subparagraph, the Office shall decide who is a
qualified adult or entity and promulgate regulations in
accordance with such decision.
(2) Suitability assessment.--Notwithstanding paragraph (1),
no unaccompanied alien child shall be placed with a person or
entity unless a valid suitability assessment conducted by an
agency of the State of the child's proposed residence, by an
agency authorized by that State to conduct such an
assessment, or by an appropriate voluntary agency contracted
with the Office to conduct such assessments has found that
the person or entity is capable of providing for the child's
physical and mental well-being.
(3) Right of parent or legal guardian to custody of
unaccompanied alien child.--
(A) Placement with parent or legal guardian.--If an
unaccompanied alien child is placed with any person or entity
other than a parent or legal guardian, but subsequent to that
placement a parent or legal guardian seeks to establish
custody, the Director shall assess the suitability of placing
the child with the parent or legal guardian and shall make a
written determination on the child's placement within 30
days.
(B) Rule of construction.--Nothing in this Act shall be
construed to--
(i) supersede obligations under any treaty or other
international agreement to which the United States is a
party, including The Hague Convention on the Civil Aspects of
International Child Abduction, the Vienna Declaration and
Program of Action, and the Declaration of the Rights of the
Child; or
(ii) limit any right or remedy under such international
agreement.
(4) Protection from smugglers and traffickers.--
(A) Policies and programs.--
(i) In general.--The Director shall establish policies and
programs to ensure that unaccompanied alien children are
protected from smugglers, traffickers, or other persons
seeking to victimize or otherwise engage such children in
criminal, harmful, or exploitative activity.
(ii) Witness protection programs included.--The programs
established pursuant to clause (i) may include witness
protection programs.
(B) Criminal investigations and prosecutions.--Any officer
or employee of the Office or the Department of Homeland
Security, and any grantee or contractor of the Office, who
suspects any individual of being involved in any activity
described in subparagraph (A) shall report such individual to
Federal or State prosecutors for criminal investigation and
prosecution.
(C) Disciplinary action.--Any officer or employee of the
Office or the Department of Homeland Security, and any
grantee or contractor of the Office, who suspects an attorney
of being involved in any activity described in subparagraph
(A) shall report the individual to the State bar association
of which the attorney is a member, or to other appropriate
disciplinary authorities, for appropriate disciplinary action
that may include private or public admonition or censure,
suspension, or disbarment of the attorney from the practice
of law.
(5) Grants and contracts.--Subject to the availability of
appropriations, the Director may make grants to, and enter
into contracts with, voluntary agencies to carry out section
462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or to
carry out this section.
(6) Reimbursement of state expenses.--Subject to the
availability of appropriations, the Director may reimburse
States for any expenses they incur in providing assistance to
unaccompanied alien children who are served pursuant to
section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279) or this Act.
(b) Confidentiality.--All information obtained by the
Office relating to the immigration status of a person
described in subparagraphs (A), (B), and (C) of subsection
(a)(1) shall remain confidential and may be used only for the
purposes of determining such person's qualifications under
subsection (a)(1).
(c) Required Disclosure.--The Secretary of Health and Human
Services or the Secretary of Homeland Security shall provide
the information furnished under this section, and any other
information derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(d) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall
be fined not more than $10,000.
SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF
UNACCOMPANIED ALIEN CHILDREN.
(a) Standards for Placement.--
(1) Prohibition of detention in certain facilities.--Except
as provided in paragraph (2), an unaccompanied alien child
shall not
[[Page S11314]]
be placed in an adult detention facility or a facility
housing delinquent children.
(2) Detention in appropriate facilities.--An unaccompanied
alien child who has exhibited a violent or criminal behavior
that endangers others may be detained in conditions
appropriate to the behavior in a facility appropriate for
delinquent children.
(3) State licensure.--In the case of a placement of a child
with an entity described in section 102(a)(1)(E), the entity
must be licensed by an appropriate State agency to provide
residential, group, child welfare, or foster care services
for dependent children.
(4) Conditions of detention.--
(A) In general.--The Director and the Secretary of Homeland
Security shall promulgate regulations incorporating standards
for conditions of detention in such placements that provide
for--
(i) educational services appropriate to the child;
(ii) medical care;
(iii) mental health care, including treatment of trauma,
physical and sexual violence, or abuse;
(iv) access to telephones;
(v) access to legal services;
(vi) access to interpreters;
(vii) supervision by professionals trained in the care of
children, taking into account the special cultural,
linguistic, and experiential needs of children in immigration
proceedings;
(viii) recreational programs and activities;
(ix) spiritual and religious needs; and
(x) dietary needs.
(B) Notification of children.--Regulations promulgated in
accordance with subparagraph (A) shall provide that all
children are notified orally and in writing of such standards
in the child's native language.
(b) Prohibition of Certain Practices.--The Director and the
Secretary shall develop procedures prohibiting the
unreasonable use of--
(1) shackling, handcuffing, or other restraints on
children;
(2) solitary confinement; or
(3) pat or strip searches.
(c) Rule of Construction.--Nothing in this section shall be
construed to supersede procedures favoring release of
children to appropriate adults or entities or placement in
the least secure setting possible, as defined in the
Stipulated Settlement Agreement under Flores v. Reno.
SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.
(a) Country Conditions.--
(1) Sense of congress.--It is the sense of Congress that,
to the extent consistent with the treaties and other
international agreements to which the United States is a
party, and to the extent practicable, the United States
Government should undertake efforts to ensure that it does
not repatriate children in its custody into settings that
would threaten the life and safety of such children.
(2) Assessment of conditions.--
(A) In general.--The Secretary of State shall include each
year in the State Department Country Report on Human Rights,
an assessment of the degree to which each country protects
children from smugglers and traffickers.
(B) Factors for assessment.--The Directorate shall consult
the State Department Country Report on Human Rights and the
Victims of Trafficking and Violence Protection Act of 2000:
Trafficking in Persons Report in assessing whether to
repatriate an unaccompanied alien child to a particular
country.
(b) Report on Repatriation of Unaccompanied Alien
Children.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, and annually thereafter, the Secretary
of Homeland Security shall submit a report to the Committees
on the Judiciary of the House of Representatives and the
Senate on efforts to repatriate unaccompanied alien children.
(2) Contents.--The report submitted under paragraph (1)
shall include, at a minimum, the following information:
(A) The number of unaccompanied alien children ordered
removed and the number of such children actually removed from
the United States.
(B) A description of the type of immigration relief sought
and denied to such children.
(C) A statement of the nationalities, ages, and gender of
such children.
(D) A description of the procedures used to effect the
removal of such children from the United States.
(E) A description of steps taken to ensure that such
children were safely and humanely repatriated to their
country of origin.
(F) Any information gathered in assessments of country and
local conditions pursuant to subsection (a)(2).
SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN
CHILD.
(a) In General.--The Director shall develop procedures to
make a prompt determination of the age of an alien in the
custody of the Department of Homeland Security or the Office,
when the age of the alien is at issue. Such procedures shall
permit the presentation of multiple forms of evidence,
including testimony of the child, to determine the age of the
unaccompanied alien for purposes of placement, custody,
parole, and detention. Such procedures shall allow the appeal
of a determination to an immigration judge. The Secretary of
Homeland Security shall permit the Office to have reasonable
access to aliens in the custody of the Secretary so as to
ensure a prompt determination of the age of such alien.
(b) Prohibition on Sole Means of Determining Age.--Neither
radiographs nor the attestation of an alien shall be used as
the sole means of determining age for the purposes of
determining an alien's eligibility for treatment under
section 462 of the Homeland Security Act of 2002 (6 U.S.C.
279) or this Act.
(c) Rule of Construction.--Nothing in this section shall be
construed to place the burden of proof in determining the age
of an alien on the government.
SEC. 106. EFFECTIVE DATE.
This title shall take effect 90 days after the date of
enactment of this Act.
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD LITEM
AND COUNSEL
SEC. 201. GUARDIANS AD LITEM.
(a) Establishment of Guardian Ad Litem Program.--
(1) Appointment.--The Director may, in the Director's
discretion, appoint a guardian ad litem who meets the
qualifications described in paragraph (2) for an
unaccompanied alien child. The Director is encouraged,
wherever practicable, to contract with a voluntary agency for
the selection of an individual to be appointed as a guardian
ad litem under this paragraph.
(2) Qualifications of guardian ad litem.--
(A) In general.--No person shall serve as a guardian ad
litem unless such person--
(i) is a child welfare professional or other individual who
has received training in child welfare matters; and
(ii) possesses special training on the nature of problems
encountered by unaccompanied alien children.
(B) Prohibition.--A guardian ad litem shall not be an
employee of the Directorate, the Office, or the Executive
Office for Immigration Review.
(3) Duties.--The guardian ad litem shall--
(A) conduct interviews with the child in a manner that is
appropriate, taking into account the child's age;
(B) investigate the facts and circumstances relevant to
such child's presence in the United States, including facts
and circumstances arising in the country of the child's
nationality or last habitual residence and facts and
circumstances arising subsequent to the child's departure
from such country;
(C) work with counsel to identify the child's eligibility
for relief from removal or voluntary departure by sharing
with counsel information collected under subparagraph (B);
(D) develop recommendations on issues relative to the
child's custody, detention, release, and repatriation;
(E) take reasonable steps to ensure that the best interests
of the child are promoted while the child participates in, or
is subject to, proceedings or matters under the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.);
(F) take reasonable steps to ensure that the child
understands the nature of the legal proceedings or matters
and determinations made by the court, and ensure that all
information is conveyed in an age-appropriate manner; and
(G) report factual findings relating to--
(i) information gathered pursuant to subparagraph (B);
(ii) the care and placement of the child during the
pendency of the proceedings or matters; and
(iii) any other information gathered pursuant to
subparagraph (D).
(4) Termination of appointment.--The guardian ad litem
shall carry out the duties described in paragraph (3) until--
(A) those duties are completed;
(B) the child departs the United States;
(C) the child is granted permanent resident status in the
United States;
(D) the child attains the age of 18; or
(E) the child is placed in the custody of a parent or legal
guardian;
whichever occurs first.
(5) Powers.--The guardian ad litem--
(A) shall have reasonable access to the child, including
access while such child is being held in detention or in the
care of a foster family;
(B) shall be permitted to review all records and
information relating to such proceedings that are not deemed
privileged or classified;
(C) may seek independent evaluations of the child;
(D) shall be notified in advance of all hearings or
interviews involving the child that are held in connection
with proceedings or matters under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), and shall be given a
reasonable opportunity to be present at such hearings or
interviews;
(E) shall be permitted to consult with the child during any
hearing or interview involving such child; and
(F) shall be provided at least 24 hours advance notice of a
transfer of that child to a different placement, absent
compelling and unusual circumstances warranting the transfer
of such child prior to notification.
(b) Training.--The Director shall provide professional
training for all persons serving as guardians ad litem under
this section in the--
(1) circumstances and conditions that unaccompanied alien
children face; and
(2) various immigration benefits for which such alien child
might be eligible.
(c) Pilot Program.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Director shall establish and begin
to carry
[[Page S11315]]
out a pilot program to test the implementation of subsection
(a).
(2) Purpose.--The purpose of the pilot program established
pursuant to paragraph (1) is to--
(A) study and assess the benefits of providing guardians ad
litem to assist unaccompanied alien children involved in
immigration proceedings or matters;
(B) assess the most efficient and cost-effective means of
implementing the guardian ad litem provisions in this
section; and
(C) assess the feasibility of implementing such provisions
on a nationwide basis for all unaccompanied alien children in
the care of the Office.
(3) Scope of program.--
(A) Selection of site.--The Director shall select 3 sites
in which to operate the pilot program established pursuant to
paragraph (1).
(B) Number of children.--To the greatest extent possible,
each site selected under subparagraph (A) should have at
least 25 children held in immigration custody at any given
time.
(4) Report to congress.--Not later than 1 year after the
date on which the first pilot program is established pursuant
to paragraph (1), the Director shall report to the Committees
on the Judiciary of the Senate and the House of
Representatives on subparagraphs (A) through (C) of paragraph
(2).
SEC. 202. COUNSEL.
(a) Access to Counsel.--
(1) In general.--The Director shall ensure that all
unaccompanied alien children in the custody of the Office, or
in the custody of the Directorate, who are not described in
section 101(a)(2) shall have competent counsel to represent
them in immigration proceedings or matters.
(2) Pro bono representation.--To the maximum extent
practicable, the Director shall utilize the services of
competent pro bono counsel who agree to provide
representation to such children without charge. To the
maximum extent practicable, the Director shall ensure that
placements made under subparagraphs (D), (E), and (F) of
section 102(a)(1) are in cities where there is a demonstrated
capacity for competent pro bono representation.
(3) Development of necessary infrastructures and systems.--
In ensuring that legal representation is provided to such
children, the Director shall develop the necessary mechanisms
to identify entities available to provide such legal
assistance and representation and to recruit such entities.
(4) Contracting and grant making authority.--
(A) In general.--The Director shall enter into contracts
with or make grants to nonprofit agencies with relevant
expertise in the delivery of immigration-related legal
services to children in order to carry out the
responsibilities of this Act, including but not limited to
such activities as providing legal orientation, screening
cases for referral, recruiting, training, and overseeing pro
bono attorneys. Nonprofit agencies may enter into
subcontracts with or make grants to private voluntary
agencies with relevant expertise in the delivery of
immigration-related legal services to children in order to
carry out this subsection.
(B) Considerations regarding grants and contracts.--In
making grants and entering into contracts with agencies in
accordance with subparagraph (A), the Director shall take
into consideration whether the agencies in question are
capable of properly administering the services covered by
such grants or contracts without an undue conflict of
interest.
(5) Model guidelines on legal representation of children.--
(A) Development of guidelines.--The Executive Office for
Immigration Review, in consultation with voluntary agencies
and national experts, shall develop model guidelines for the
legal representation of alien children in immigration
proceedings based on the children's asylum guidelines, the
American Bar Association Model Rules of Professional Conduct,
and other relevant domestic or international sources.
(B) Purpose of guidelines.--The guidelines developed in
accordance with subparagraph (A) shall be designed to help
protect a child from any individual suspected of involvement
in any criminal, harmful, or exploitative activity associated
with the smuggling or trafficking of children, while ensuring
the fairness of the removal proceeding in which the child is
involved.
(C) Implementation.--The Executive Office for Immigration
Review shall adopt the guidelines developed in accordance
with subparagraph (A) and submit them for adoption by
national, State, and local bar associations.
(b) Duties.--Counsel shall--
(1) represent the unaccompanied alien child in all
proceedings and matters relating to the immigration status of
the child or other actions involving the Directorate;
(2) appear in person for all individual merits hearings
before the Executive Office for Immigration Review and
interviews involving the Directorate; and
(3) owe the same duties of undivided loyalty,
confidentiality, and competent representation to the child as
is due an adult client.
(c) Access to Child.--
(1) In general.--Counsel shall have reasonable access to
the unaccompanied alien child, including access while the
child is being held in detention, in the care of a foster
family, or in any other setting that has been determined by
the Office.
(2) Restriction on transfers.--Absent compelling and
unusual circumstances, no child who is represented by counsel
shall be transferred from the child's placement to another
placement unless advance notice of at least 24 hours is made
to counsel of such transfer.
(d) Notice to Counsel During Immigration Proceedings.--
(1) In general.--Except when otherwise required in an
emergency situation involving the physical safety of the
child, counsel shall be given prompt and adequate notice of
all immigration matters affecting or involving an
unaccompanied alien child, including adjudications,
proceedings, and processing, before such actions are taken.
(2) Opportunity to consult with counsel.--An unaccompanied
alien child in the custody of the Office may not give consent
to any immigration action, including consenting to voluntary
departure, unless first afforded an opportunity to consult
with counsel.
(e) Access to Recommendations of Guardian Ad Litem.--
Counsel shall be afforded an opportunity to review the
recommendation by the guardian ad litem affecting or
involving a client who is an unaccompanied alien child.
SEC. 203. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This title shall take effect 180 days
after the date of enactment of this Act.
(b) Applicability.--The provisions of this title shall
apply to all unaccompanied alien children in Federal custody
on, before, or after the effective date of this title.
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN
CHILDREN
SEC. 301. SPECIAL IMMIGRANT JUVENILE VISA.
(a) J Visa.--Section 101(a)(27)(J) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read
as follows:
``(J) an immigrant who is 18 years of age and under on the
date of application who is present in the United States--
``(i) who by a court order, which shall be binding on the
Secretary of Homeland Security for purposes of adjudications
under this subparagraph, was declared dependent on a juvenile
court located in the United States or whom such a court has
legally committed to, or placed under the custody of, a
department or agency of a State, or an individual or entity
appointed by a State or juvenile court located in the United
States, due to abuse, neglect, or abandonment, or a similar
basis found under State law;
``(ii) for whom it has been determined in administrative or
judicial proceedings that it would not be in the alien's best
interest to be returned to the alien's or parent's previous
country of nationality or country of last habitual residence;
and
``(iii) with respect to a child in Federal custody, for
whom the Office of Refugee Resettlement of the Department of
Health and Human Services has certified to the Director of
the Bureau of Citizenship and Immigration Services that the
classification of an alien as a special immigrant under this
subparagraph has not been made solely to provide an
immigration benefit to that alien;
except that no natural parent or prior adoptive parent of any
alien provided special immigrant status under this
subparagraph shall thereafter, by virtue of such parentage,
be accorded any right, privilege, or status under this
Act;''.
(b) Adjustment of Status.--Section 245(h)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is
amended to read as follows:
``(A) paragraphs (4), (5)(A), (6)(A), and (7) of section
212(a) shall not apply; and''.
(c) Eligibility for Assistance.--A child who has been
granted relief under section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)), shall be
eligible for all funds made available under section 412(d) of
that Act (8 U.S.C. 1522(d)) until such time as the child
attains the age designated in section 412(d)(2)(B) of that
Act (8 U.S.C. 1522(d)(2)(B)), or until the child is placed in
a permanent adoptive home, whichever occurs first.
(d) Transition Rule.--Notwithstanding any other provision
of law, any child described in section 101(a)(27)(J) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) who
filed an application for a visa before the date of enactment
of this Act and who was 19, 20, or 21 years of age on the
date such application was filed shall not be denied a visa
after the date of enactment of this Act because of such
alien's age.
SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES
WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN
CHILDREN.
(a) Training of State and Local Officials and Certain
Private Parties.--The Secretary of Health and Human Services,
acting jointly with the Secretary, shall provide appropriate
training to be available to State and county officials, child
welfare specialists, teachers, public counsel, and juvenile
judges who come into contact with unaccompanied alien
children. The training shall provide education on the
processes pertaining to unaccompanied alien children with
pending immigration status and on the forms of relief
potentially available. The Director shall be responsible for
establishing a
[[Page S11316]]
core curriculum that can be incorporated into education,
training, or orientation modules or formats that are
currently used by these professionals.
(b) Training of Directorate Personnel.--The Secretary,
acting jointly with the Secretary of Health and Human
Services, shall provide specialized training to all personnel
of the Directorate who come into contact with unaccompanied
alien children. In the case of Border Patrol agents and
immigration inspectors, such training shall include specific
training on identifying children at the United States borders
or at United States ports of entry who have been victimized
by smugglers or traffickers, and children for whom asylum or
special immigrant relief may be appropriate, including
children described in section 101(a)(2).
SEC. 303. REPORT.
Not later than 1 year after the date of enactment of this
Act and annually thereafter, the Secretary of Health and
Human Services shall submit a report for the previous fiscal
year to the Committees on the Judiciary of the House of
Representatives and the Senate that contains--
(1) data related to the implementation of section 462 of
the Homeland Security Act (6 U.S.C. 279);
(2) data regarding the care and placement of children in
accordance with this Act;
(3) data regarding the provision of guardian ad litem and
counsel services in accordance with this Act; and
(4) any other information that the Director or the
Secretary of Health and Human Services determines to be
appropriate.
SEC. 304. EFFECTIVE DATE.
The amendment made by section 301 shall apply to all aliens
who were in the United States before, on, or after the date
of enactment of this Act.
TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS
SEC. 401. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.
(a) Sense of Congress.--Congress commends the Immigration
and Naturalization Service for its issuance of its
``Guidelines for Children's Asylum Claims'', dated December
1998, and encourages and supports the implementation of such
guidelines by the Immigration and Naturalization Service (and
its successor entities) in an effort to facilitate the
handling of children's asylum claims. Congress calls upon the
Executive Office for Immigration Review of the Department of
Justice to adopt the ``Guidelines for Children's Asylum
Claims'' in its handling of children's asylum claims before
immigration judges and the Board of Immigration Appeals.
(b) Training.--The Secretary shall provide periodic
comprehensive training under the ``Guidelines for Children's
Asylum Claims'' to asylum officers, immigration judges,
members of the Board of Immigration Appeals, and immigration
officers who have contact with children in order to
familiarize and sensitize such officers to the needs of
children asylum seekers. Voluntary agencies shall be allowed
to assist in such training.
SEC. 402. UNACCOMPANIED REFUGEE CHILDREN.
(a) Identifying Unaccompanied Refugee Children.--Section
207(e) of the Immigration and Nationality Act (8 U.S.C.
1157(e)) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) An analysis of the worldwide situation faced by
unaccompanied refugee children, by region, which shall
include an assessment of--
``(A) the number of unaccompanied refugee children, by
region;
``(B) the capacity of the Department of State to identify
such refugees;
``(C) the capacity of the international community to care
for and protect such refugees;
``(D) the capacity of the voluntary agency community to
resettle such refugees in the United States;
``(E) the degree to which the United States plans to
resettle such refugees in the United States in the coming
fiscal year; and
``(F) the fate that will befall such unaccompanied refugee
children for whom resettlement in the United States is not
possible.''.
(b) Training on the Needs of Unaccompanied Refugee
Children.--Section 207(f)(2) of the Immigration and
Nationality Act (8 U.S.C. 1157(f)(2)) is amended by--
(1) striking ``and'' after ``countries,''; and
(2) inserting before the period at the end the following:
``, and instruction on the needs of unaccompanied refugee
children''.
SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN
ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES.
(a) Placement in Removal Proceedings.--Any unaccompanied
alien child apprehended by the Directorate, except for an
unaccompanied alien child subject to exceptions under
paragraph (1)(A) or (2) of section (101)(a) of this Act,
shall be placed in removal proceedings under section 240 of
the Immigration and Nationality Act (8 U.S.C. 1229a).
(b) Exception From Time Limit for Filing Asylum
Application.--Section 208(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at
the end the following:
``(E) Applicability.--Subparagraphs (A) and (B) shall not
apply to an unaccompanied alien child as defined in section
101(a)(51).''.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Department of Homeland Security, the Department of
Justice, and the Department of Health and Human Services,
such sums as may be necessary to carry out--
(1) section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279); and
(2) this Act.
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) are authorized to remain available until
expended.
TITLE VI--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
SEC. 601. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE
OFFICE OF REFUGEE RESETTLEMENT WITH RESPECT TO
UNACCOMPANIED ALIEN CHILDREN.
(a) Additional Responsibilities of the Director.--Section
462(b)(1) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(1)) is amended--
(1) in subparagraph (K), by striking ``and'' at the end;
(2) in subparagraph (L), by striking the period at the end
and inserting ``, including regular follow-up visits to such
facilities, placements, and other entities, to assess the
continued suitability of such placements; and''; and
(3) by adding at the end the following:
``(M) ensuring minimum standards of care for all
unaccompanied alien children--
``(i) for whom detention is necessary; and
``(ii) who reside in settings that are alternative to
detention.''.
(b) Additional Powers of the Director.--Section 462(b) of
the Homeland Security Act of 2002 (6 U.S.C. 279(b)) is
amended by adding at the end the following:
``(4) Powers.--In carrying out the duties under paragraph
(3), the Director shall have the power to--
``(A) contract with service providers to perform the
services described in sections 102, 103, 201, and 202 of the
Unaccompanied Alien Child Protection Act of 2004; and
``(B) compel compliance with the terms and conditions set
forth in section 103 of the Unaccompanied Alien Child
Protection Act of 2004, including the power to--
``(i) declare providers to be in breach and seek damages
for noncompliance;
``(ii) terminate the contracts of providers that are not in
compliance with such conditions; and
``(iii) reassign any unaccompanied alien child to a similar
facility that is in compliance with such section.''.
SEC. 602. TECHNICAL CORRECTIONS.
Section 462(b) of the Homeland Security Act of 2002 (6
U.S.C. 279(b)), as amended by section 601, is amended--
(1) in paragraph (3), by striking ``paragraph (1)(G)'' and
inserting ``paragraph (1)''; and
(2) by adding at the end the following:
``(5) Statutory construction.--Nothing in paragraph (2)(B)
may be construed to require that a bond be posted for
unaccompanied alien children who are released to a qualified
sponsor.''.
SEC. 603. EFFECTIVE DATE.
The amendments made by this title shall take effect as if
enacted as part of the Homeland Security Act of 2002 (6
U.S.C. 101 et seq.).
______
SA 4059. Mr. SESSIONS (for Mr. Roberts (for himself and Mr.
Rockefeller)) proposed an amendment to the bill S. 2386, to authorize
appropriations for fiscal year 2005 for intelligence and intelligence-
related activities of the United States Government, the Intelligence
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes; as follows:
On page 16, strike lines 1 through 16.
______
SA 4060. Mr. SESSIONS (for Mr. Roberts (for himself and Mr.
Rockefeller)) proposed an amendment to the bill S. 2386, to authorize
appropriations for fiscal year 2005 for intelligence and intelligence-
related activities of the United States Government, the Intelligence
Community Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes; as follows:
On page 9, line 16, add at the end the following: ``Such
funds shall remain available until September 30, 2005.''.
On page 16, between lines 16 and 17, insert the following:
SEC. 307. INTELLIGENCE ASSESSMENT ON SANCTUARIES FOR
TERRORISTS.
(a) Assessment Required.--Not later than the date specified
in subsection (b), the Director of Central Intelligence shall
submit to Congress an intelligence assessment that identifies
and describes each country or region that is a sanctuary for
terrorists or terrorist organizations. The assessment shall
be based on current all-source intelligence.
(b) Submittal Date.--The date of the submittal of the
intelligence assessment required by subsection (a) shall be
the earlier of--
(1) the date that is six months after the date of the
enactment of this Act; or
[[Page S11317]]
(2) June 1, 2005.
SEC. 308. ADDITIONAL EXTENSION OF DEADLINE FOR FINAL REPORT
OF THE NATIONAL COMMISSION FOR THE REVIEW OF
THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE
UNITED STATES INTELLIGENCE COMMUNITY.
Section 1007(a) of the Intelligence Authorization Act for
Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 401 note) is
amended by striking ``September 1, 2004'' and inserting
``September 1, 2005''.
SEC. 309. FOUR-YEAR EXTENSION OF PUBLIC INTEREST
DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act
of 2000 (title VII of Public Law 106-567; 114 Stat. 2856; 50
U.S.C. 435 note) is amended by striking ``4 years'' and
inserting ``8 years''.
On page 19, strike lines 7 through 15 and insert the
following:
``(1) In general.--The Director may establish and
administer a nonofficial cover employee retirement system for
designated employees (and the spouse, former spouses, and
survivors of such designated employees). A des-
On page 21, strike line 18 and all that follows through
page 22, line 1, and insert the following:
``(iii) in the case of a designated employee who
participated in an employee investment retirement system
established under paragraph (1) and is converted to coverage
under subchapter III of chapter 84 of title 5, United States
Code, the Director may transmit any or all amounts of that
designated employee in that employee investment retirement
system (or similar
On page 22, strike line 24 and all that follows through
page 23, line 5, and insert the following:
``(1) In general.--The Director may establish and
administer a nonofficial cover employee health insurance
program for designated employees (and the family of such
designated employees). A designated employee
On page 25, strike lines 6 through 12 and insert the
following:
``(1) In general.--The Director may establish and
administer a nonofficial cover employee life insurance
program for designated employees (and the family of such
designated employees). A designated employee may not
On page 27, line 8, strike ``(B)(iii)'' and insert
``(B)(iv)''.
On page 30, strike lines 10 through 16.
______
SA 4061. Ms. LANDRIEU (for herself, Mr. Bond, Mr. Jeffords, Mrs.
Murray, Mr. Graham of South Carolina, Mr. Rockefeller, Mr. Sessions,
Mr. Nelson of Florida, Mr. Warner, Mr. Durbin, Mr. Kerry, Mrs. Boxer,
and Ms. Mikulski) proposed an amendment to the bill H.R. 1779, 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; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Guardsmen and Reservists
Financial Relief Act of 2004''.
SEC. 2. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR
INDIVIDUALS CALLED TO ACTIVE DUTY FOR AT LEAST
179 DAYS.
(a) In General.--Paragraph (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 general.--Any qualified reservist distribution.
``(ii) Qualified reservist distribution.--For purposes of
this subparagraph, the term `qualified reservist
distribution' means any distribution to an individual if--
``(I) such distribution is from any qualified retirement
plan (as defined in section 4974(c)),
``(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.
``(iii) Application of subparagraph.--This subparagraph
applies to individuals ordered or called to active duty after
September 11, 2001, and before September 12, 2005.''.
(b) Effective Date.--The amendment made by this section
shall apply to distributions after September 11, 2001.
SEC. 3. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE PAYMENTS.
(a) In General.--Section 3401 of the Internal Revenue Code
of 1986 (relating to definitions) is amended by adding at the
end the following new subsection:
``(i) Differential Wage Payments to Active Duty Members of
the Uniformed Services.--
``(1) In general.--For purposes of subsection (a), any
differential wage payment shall be treated as a payment of
wages by the employer to the employee.
``(2) Differential wage payment.--For purposes of paragraph
(1), the term `differential wage payment' means any payment
which--
``(A) is made by an employer to an individual with respect
to any period during which the individual is performing
service in the uniformed services while on active duty for a
period of more than 30 days, and
``(B) represents all or a portion of the wages the
individual would have received from the employer if the
individual were performing service for the employer.''.
(b) Effective Date.--The amendment made by this section
shall apply to remuneration paid after December 31, 2004.
SEC. 4. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR
RETIREMENT PLAN PURPOSES.
(a) Pension Plans.--
(1) In general.--Section 414(u) of the Internal Revenue
Code of 1986 (relating to special rules relating to veterans'
reemployment rights under USERRA) is amended by adding at the
end the following new paragraph:
``(11) Treatment of differential wage payments.--
``(A) In general.--Except as provided in this paragraph,
for purposes of applying this title to a retirement plan to
which this subsection applies--
``(i) an individual receiving a differential wage payment
shall be treated as an employee of the employer making the
payment,
``(ii) the differential wage payment shall be treated as
compensation, and
``(iii) the plan shall not be treated as failing to meet
the requirements of any provision described in paragraph
(1)(C) by reason of any contribution which is based on the
differential wage payment.
``(B) Special rule for distributions.--
``(i) In general.--Notwithstanding subparagraph (A)(i), for
purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii),
403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be
treated as having been severed from employment during any
period the individual is performing service in the uniformed
services described in section 3401(i)(2)(A).
``(ii) Limitation.--If an individual elects to receive a
distribution by reason of clause (i), the plan shall provide
that the individual may not make an elective deferral or
employee contribution during the 6-month period beginning on
the date of the distribution.
``(C) Nondiscrimination requirement.--Subparagraph (A)(iii)
shall apply only if all employees of an employer performing
service in the uniformed services described in section
3401(i)(2)(A) are entitled to receive differential wage
payments on reasonably equivalent terms and, if eligible to
participate in a retirement plan maintained by the employer,
to make contributions based on the payments. For purposes of
applying this subparagraph, the provisions of paragraphs (3),
(4), and (5), of section 410(b) shall apply.
``(D) Differential wage payment.--For purposes of this
paragraph, the term `differential wage payment' has the
meaning given such term by section 3401(i)(2).''.
(2) Conforming amendment.--The heading for section 414(u)
of such Code is amended by inserting ``and to Differential
Wage Payments to Members on Active Duty'' after ``USERRA''.
(b) Differential Wage Payments Treated as Compensation for
Individual Retirement Plans.--Section 219(f)(1) of the
Internal Revenue Code of 1986 (defining compensation) is
amended by adding at the end the following new sentence:
``The term `compensation' includes any differential wage
payment (as defined in section 3401(i)(2)).''.
(c) Effective Date.--The amendments made by this section
shall apply to plan years beginning after December 31, 2004.
(d) Provisions Relating to Plan Amendments.--
(1) In general.--If this subsection applies to any plan or
annuity contract amendment--
(A) such plan or contract shall be treated as being
operated in accordance with the terms of the plan or contract
during the period described in paragraph (2)(B)(i), and
(B) except as provided by the Secretary of the Treasury,
such plan shall not fail to meet the requirements of the
Internal Revenue Code of 1986 or the Employee Retirement
Income Security Act of 1974 by reason of such amendment.
(2) Amendments to which section applies.--
(A) In general.--This subsection shall apply to any
amendment to any plan or annuity contract which is made--
(i) pursuant to any amendment made by this section, and
(ii) on or before the last day of the first plan year
beginning on or after January 1, 2007.
(B) Conditions.--This subsection shall not apply to any
plan or annuity contract amendment unless--
(i) during the period beginning on the date the amendment
described in subparagraph (A)(i) takes effect and ending on
the date described in subparagraph (A)(ii) (or, if earlier,
the date the plan or contract amendment is adopted), the plan
or contract is operated as if such plan or contract amendment
were in effect; and
(ii) such plan or contract amendment applies retroactively
for such period.
[[Page S11318]]
SEC. 5. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT AND
READY RESERVE-NATIONAL GUARD REPLACEMENT
EMPLOYEE CREDIT.
(a) Ready Reserve-National Guard Credit.--
(1) In general.--Subpart D of part IV of subchapter A of
chapter 1 of the Internal Revenue Code of 1986 (relating to
business-related credits) is amended by inserting after
section 45I the following new section:
``SEC. 45J. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.
``(a) General Rule.--For purposes of section 38, in the
case of an eligible taxpayer, the Ready Reserve-National
Guard employee credit determined under this section for any
taxable year with respect to each Ready Reserve-National
Guard employee of such taxpayer is an amount equal to 50
percent of the lesser of--
``(1) the actual compensation amount with respect to such
employee for such taxable year, or
``(2) $30,000.
``(b) Definition of Actual Compensation Amount.--For
purposes of this section, the term `actual compensation
amount' means the amount of compensation paid or incurred by
an eligible taxpayer with respect to a Ready Reserve-National
Guard employee on any day when the employee was absent from
employment for the purpose of performing qualified active
duty.
``(c) Limitations.--No credit shall be allowed with respect
to any day that a Ready Reserve-National Guard employee who
performs qualified active duty was not scheduled to work (for
reason other than to participate in qualified active duty).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Eligible taxpayer.--
``(A) In general.--The term `eligible taxpayer' means a
small business employer.
``(B) Small business employer.--
``(i) In general.--The term `small business employer'
means, with respect to any taxable year, any employer who
employed an average of 50 or fewer employees on business days
during such taxable year.
``(ii) Controlled groups.--For purposes of clause (i), all
persons treated as a single employer under subsection (b),
(c), (m), or (o) of section 414 shall be treated as a single
employer.
``(2) Qualified active duty.--The term `qualified active
duty' means--
``(A) active duty under an order or call for a period in
excess of 179 days or for an indefinite period, other than
the training duty specified in section 10147 of title 10,
United States Code (relating to training requirements for the
Ready Reserve), or section 502(a) of title 32, United States
Code (relating to required drills and field exercises for the
National Guard), in connection with which an employee is
entitled to reemployment rights and other benefits or to a
leave of absence from employment under chapter 43 of title
38, United States Code, and
``(B) hospitalization incident to such duty.
``(3) Compensation.--The term `compensation' means any
remuneration for employment, whether in cash or in kind,
which is paid or incurred by a taxpayer and which is
deductible from the taxpayer's gross income under section
162(a)(1).
``(4) Ready reserve-national guard employee.--The term
`Ready Reserve-National Guard employee' means an employee who
is a member of the Ready Reserve of a reserve component of an
Armed Force of the United States as described in sections
10142 and 10101 of title 10, United States Code.
``(5) Certain rules to apply.--Rules similar to the rules
of section 52 shall apply.
``(e) Termination.--This section shall not apply to any
amount paid or incurred after December 31, 2005.''.
(2) Credit to be part of general business credit.--
Subsection (b) of section 38 of the Internal Revenue Code of
1986 (relating to general business credit) is amended by
striking ``plus'' at the end of paragraph (18), by striking
the period at the end of paragraph (19) and inserting ``,
plus'', and by adding at the end the following:
``(20) the Ready Reserve-National Guard employee credit
determined under section 45J(a).''.
(3) Denial of double benefit.--Section 280C(a) of the
Internal Revenue Code of 1986 (relating to rule for
employment credits) is amended by inserting ``45J(a),'' after
``45A(a),''.
(4) Conforming amendment.--The table of sections for
subpart D of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 is amended by inserting after
the item relating to section 45I the following:
``Sec. 45J. Ready Reserve-National Guard employee credit.''.
(5) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred after September 30,
2004, in taxable years ending after such date.
(b) Ready Reserve-National Guard Replacement Employee
Credit.--
(1) In general.--Paragraph (1) of section 51(d) of the
Internal Revenue Code of 1986 (relating to members of
targeted groups) is amended by striking ``or'' at the end of
subparagraph (G), by striking the period at the end of
subparagraph (H) and inserting ``, or'' and by adding at the
end the following new subparagraph:
``(I) a qualified replacement employee.''.
(2) Qualified replacement employee.--Section 51(d) of the
Internal Revenue Code of 1986 is amended by redesignating
paragraphs (10), (11), and (12) as paragraphs (11), (12), and
(13), respectively, and by inserting after paragraph (9) the
following new paragraph:
``(10) Qualified replacement employee.--
``(A) In general.--The term `qualified replacement
employee' means an individual who is certified by the
designated local agency as being hired by an eligible
taxpayer to replace a Ready Reserve-National Guard employee
of such taxpayer, but only with respect to the period during
which such Ready Reserve-National Guard employee participates
in qualified active duty, including time spent in travel
status.
``(B) General definitions and special rules.--For purposes
of this paragraph--
``(i) Eligible taxpayer.--The term `eligible taxpayer'
means a small business employer.
``(ii) Small business employer.--
``(I) In general.--The term `small business employer'
means, with respect to any taxable year, any employer who
employed an average of 50 or fewer employees on business days
during such taxable year.
``(II) Controlled groups.--For purposes of subclause (I),
all persons treated as a single employer under subsection
(b), (c), (m), or (o) of section 414 shall be treated as a
single employer.
``(iii) Ready reserve-national guard employee.--The term
`Ready Reserve-National Guard employee' has the meaning given
such term by section 45J(d)(3).
``(iv) Qualified active duty.--The term `qualified active
duty' has the meaning given such term by section 45J(d)(1).
``(C) Disallowance for failure to comply with employment or
reemployment rights of members of the reserve components of
the armed forces of the united states.--No credit shall be
allowed under subsection (a) by reason of paragraph (1)(I) to
a taxpayer for--
``(i) any taxable year, beginning after the date of the
enactment of this section, in which the taxpayer is under a
final order, judgment, or other process issued or required by
a district court of the United States under section 4323 of
title 38 of the United States Code with respect to a
violation of chapter 43 of such title, and
``(ii) the 2 succeeding taxable years.''.
(3) Effective date.--The amendments made by this subsection
shall apply to amounts paid or incurred to an individual who
begins work for the employer after September 30, 2004.
(c) Study by GAO.--
(1) In general.--The Comptroller General of the United
States shall study the following:
(A) What, if any, problems exist in recruiting individuals
for a reserve component of an Armed Force of the United
States.
(B) What, if any, problems exist as the result of providing
differential wage payments (as defined in section 3401(i)(2)
of the Internal Revenue Code of 1986 (as added by this Act))
to individuals described in subparagraph (A) in the
recruitment and retention of individuals as regular members
of the Armed Forces of the United States.
(C) Whether the credit allowed under section 45J of the
Internal Revenue Code of 1986 (as added by this section) is
an effective incentive for the hiring and retention of
employees who are individuals described in subparagraph (A)
and whether there exists any compliance problems in the
administration of such credit.
(2) Report.--The Comptroller General of the United States
shall report on the results of the study required under
paragraph (1) to the Committee of Finance of the Senate and
the Committee on Ways and Means of the House of
Representatives before July 1, 2005.
SEC. 6. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR
VICTIMS OF FEDERALLY DECLARED NATURAL
DISASTERS.
(a) In General.--Paragraph (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), as amended by this Act, is amended by
adding at the end the following new subparagraph:
``(H) Distributions from retirement plans to victims of
federally declared natural disasters.--
``(i) In general.--Any qualified disaster-relief
distribution.
``(ii) Qualified disaster-relief distribution.--For
purposes of this subparagraph, the term `qualified disaster-
relief distribution' means any distribution to an individual
who has sustained a loss in excess of $100 as a result of a
major disaster declared under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act--
``(I) if such distribution is made from any qualified
retirement plan (as defined in section 4974(c)) during the 1-
year period beginning on the date such declaration is made,
and
``(II) to the extent such distribution does not exceed the
amount of such loss and is not compensated for by insurance
or otherwise.
For purposes of subclause (II), the amount of any loss shall
be determined using the greater of the fair market value of
the property on the day before the date of such disaster or
the adjusted basis of the property as provided in section
1011, less any compensation for such loss that the individual
has received as of the date of such distribution and any
compensation for such loss that the individual expects to
receive, based on a reasonable estimate. Any difference
between the
[[Page S11319]]
amount of compensation that an individual expects to receive
on the basis of such an estimate and actually receives shall
not be included in the individual's gross income.''.
(b) Exemption of Distributions from Withholding.--Paragraph
(4) of section 402(c) of the Internal Revenue Code of 1986
(relating to eligible rollover distribution) is amended by
striking ``and'' at the end of subparagraph (B), by striking
the period at the end of subparagraph (C) and inserting ``,
and'', and by inserting at the end the following new
subparagraph:
``(D) any qualified disaster-relief distribution (within
the meaning of section 72(t)(2)(H).''.
(c) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) of the Internal Revenue Code of
1986 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)(H)(ii)(I) begins (but only to the extent provided in
section 72(t)(2)(H)), and''.
(2) Section 403(b)(7)(A)(ii) of such Code is amended by
inserting ``sustains a loss as a result of a major disaster
declared under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (but only to the extent provided in
section 72(t)(2)(H)),'' before ``or''.
(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)(H)
applies.''.
(d) Effective Date.--The amendments made by this section
shall apply to distributions received in taxable years
beginning after December 31, 2003.
______
SA 4062. Mr. FRIST (for Mr. Conrad) proposed an amendment to the
concurrent resolution S. Con. Res. 136, honoring and memorializing the
passengers and crew of United Airlines Flight 93; as follows:
Beginning on page 2, strike line 10 and all that follows
through page 3, line 8, and insert the following:
(3) not later than January 1, 2006, the Speaker of the
House of Representatives, the minority leader of the House of
Representatives, the majority leader of the Senate, and the
minority leader of the Senate shall select an appropriate
memorial that shall be located in the United States Capitol
Building and that shall honor the passengers and crew of
Flight 93, who saved the United States Capitol Building from
destruction; and
(4) the memorial shall state the purpose of the honor and
the names of the passengers and crew of Flight 93 on whom the
honor is bestowed.
______
SA 4063. Mr. FRIST (for Mr. Fitzgerald) proposed an amendment to the
bill S. 2688, to provide for a report of Federal entities without
annually audited financial statements; as follows:
On page 2, line 10, strike ``60 days'' and insert ``120
days''.
On page 3, line 2, insert after ``temporary commissions''
the following: ``in existence at least 12 months''.
On page 3, strike beginning with line 9 through page 4,
line 4, and insert the following:
(3) an assessment of the capability of and the costs that
would be incurred for Federal entities of the categories
listed under paragraphs (1) and (2) to prepare annual
financial statements and to have such statements
independently audited;
(4) an assessment of how to reduce the costs of preparing
the financial statements and performing independent audits
for Federal entities of the categories listed under
paragraphs (1) and (2); and
(5) an assessment of the benefits of improved financial
oversight encompassing the executive branch, including the
Federal entities of the categories listed under paragraphs
(1) and (2), and an assessment of the feasibility of
preparing annual financial statements and independently
audited statements for the Federal entities in the categories
listed under paragraphs (1) and (2).
______
SA 4064. Mr. FRIST (for Mr. Lieberman) proposed an amendment to the
bill S. 2691, to establish the Long Island Sound Stewardship
Initiative; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Long Island Sound
Stewardship Act of 2004''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) Long Island Sound is a national treasure of great
cultural, environmental, and ecological importance;
(2) 8,000,000 people live within the Long Island Sound
watershed and 28,000,000 people (approximately 10 percent of
the population of the United States) live within 50 miles of
Long Island Sound;
(3) activities that depend on the environmental health of
Long Island Sound contribute more than $5,000,000,000 each
year to the regional economy;
(4) the portion of the shoreline of Long Island Sound that
is accessible to the general public (estimated at less than
20 percent of the total shoreline) is not adequate to serve
the needs of the people living in the area;
(5) existing shoreline facilities are in many cases
overburdened and underfunded;
(6) large parcels of open space already in public ownership
are strained by the effort to balance the demand for
recreation with the needs of sensitive natural resources;
(7) approximately \1/3\ of the tidal marshes of Long Island
Sound have been filled, and much of the remaining marshes
have been ditched, dyked, or impounded, reducing the
ecological value of the marshes; and
(8) much of the remaining exemplary natural landscape is
vulnerable to further development.
(b) Purpose.--The purpose of this Act is to establish the
Long Island Sound Stewardship Initiative to identify,
protect, and enhance sites within the Long Island Sound
ecosystem with significant ecological, educational, open
space, public access, or recreational value through a bi-
State network of sites best exemplifying these values.
SEC. 3. DEFINITIONS.
In this Act:
(1) Adaptive management.--The term ``adaptive management''
means a scientific process--
(A) for--
(i) developing predictive models;
(ii) making management policy decisions based upon the
model outputs;
(iii) revising the management policies as data become
available with which to evaluate the policies; and
(iv) acknowledging uncertainty, complexity, and variance in
the spatial and temporal aspects of natural systems; and
(B) that requires that management be viewed as
experimental.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Committee.--The term ``Committee'' means the Long
Island Sound Stewardship Advisory Committee established by
section 5(a).
(4) Region.--The term ``Region'' means the Long Island
Sound Stewardship Initiative Region established by section
4(a).
(5) States.--The term ``States'' means the States of
Connecticut and New York.
(6) Stewardship site.--The term ``stewardship site'' means
a site that--
(A) qualifies for identification by the Committee under
section 8; and
(B) is an area of land or water or a combination of land
and water--
(i) that is in the Region; and
(ii) that is--
(I) Federal, State, local, or tribal land or water;
(II) land or water owned by a nonprofit organization; or
(III) privately owned land or water.
(7) Systematic site selection.--The term ``systematic site
selection'' means a process of selecting stewardship sites
that--
(A) has explicit goals, methods, and criteria;
(B) produces feasible, repeatable, and defensible results;
(C) provides for consideration of natural, physical, and
biological patterns,
(D) addresses reserve size, replication, connectivity,
species viability, location, and public recreation values;
(E) uses geographic information systems technology and
algorithms to integrate selection criteria; and
(F) will result in achieving the goals of stewardship site
selection at the lowest cost.
(8) Threat.--The term ``threat'' means a threat that is
likely to destroy or seriously degrade a conservation target
or a recreation area.
SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION.
(a) Establishment.--There is established in the States the
Long Island Sound Stewardship Initiative Region.
(b) Boundaries.--The Region shall encompass the immediate
coastal upland and underwater areas along Long Island Sound,
including those portions of the Sound with coastally
influenced vegetation, as described on the map entitled the
``Long Island Sound Stewardship Region'' and dated April 21,
2004.
SEC. 5. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.
(a) Establishment.--There is established a committee to be
known as the ``Long Island Sound Stewardship Advisory
Committee''.
(b) Chairperson.--The Chairperson of the Committee shall be
the Director of the Long Island Sound Office of the
Environmental Protection Agency, or a designee of the
Director.
(c) Membership.--
(1) Composition.--
(A) Appointment of members.--
(i) In general.--The Chairperson shall appoint the members
of the Committee in accordance with this subsection and
section 320(c) of the Federal Water Pollution Control Act (33
U.S.C. 1330(c)).
(ii) Additional members.--In addition to the requirements
described in clause (i), the Committee shall include--
(I) a representative from the Regional Plan Association;
(II) a representative of the marine trade organizations;
and
(III) a representative of private landowner interests.
[[Page S11320]]
(B) Representation.--In appointing members to the
Committee, the Chairperson shall consider--
(i) Federal, State, and local government interests;
(ii) the interests of nongovernmental organizations;
(iii) academic interests; and
(iv) private interests.
(2) Date of appointments.--Not later than 180 days after
the date of enactment of this Act, the appointment of all
members of the Committee shall be made.
(d) Term; Vacancies.--
(1) Term.--
(A) In general.--A member shall be appointed for a term of
4 years.
(B) Multiple terms.--A person may be appointed as a member
of the Committee for more than 1 term.
(2) Vacancies.--A vacancy on the Committee shall--
(A) be filled not later than 90 days after the vacancy
occurs;
(B) not affect the powers of the Committee; and
(C) be filled in the same manner as the original
appointment was made.
(3) Staff.--
(A) In general.--The Chairperson of the Committee may
appoint and terminate personnel as necessary to enable the
Committee to perform the duties of the Committee.
(B) Personnel as federal employees.--
(i) In general.--Any personnel of the Committee who are
employees of the Committee shall be employees under section
2105 of title 5, United States Code, for purposes of chapters
63, 81, 83, 84, 85, 87, 89, and 90 of that title.
(ii) Members of committee.--Clause (i) does not apply to
members of the Committee.
(e) Initial Meeting.--Not later than 30 days after the date
on which all members of the Committee have been appointed,
the Committee shall hold the initial meeting of the
Committee.
(f) Meetings.--The Committee shall meet at the call of the
Chairperson, but no fewer than 4 times each year.
(g) Quorum.--A majority of the members of the Committee
shall constitute a quorum, but a lesser number of members may
hold hearings.
SEC. 6. DUTIES OF THE COMMITTEE.
The Committee shall--
(1) consistent with the guidelines described in section 8--
(A) evaluate applications from government or nonprofit
organizations qualified to hold conservation easements for
funds to purchase land or development rights for stewardship
sites;
(B) evaluate applications to develop and implement
management plans to address threats;
(C) evaluate applications to act on opportunities to
protect and enhance stewardship sites; and
(D) recommend that the Administrator award grants to
qualified applicants;
(2) recommend guidelines, criteria, schedules, and due
dates for evaluating information to identify stewardship
sites;
(3) publish a list of sites that further the purposes of
this Act, provided that owners of sites shall be--
(A) notified prior to the publication of the list; and
(B) allowed to decline inclusion on the list;
(4) raise awareness of the values of and threats to these
sites; and
(5) leverage additional resources for improved stewardship
of the Region.
SEC. 7. POWERS OF THE COMMITTEE.
(a) Hearings.--The Committee may hold such hearings, meet
and act at such times and places, take such testimony, and
receive such evidence as the Committee considers advisable to
carry out this Act.
(b) Information From Federal Agencies.--
(1) In general.--The Committee may secure directly from a
Federal agency such information as the Committee considers
necessary to carry out this Act.
(2) Provision of information.--
(A) In general.--Subject to subparagraph (C), on request of
the Chairperson of the Committee, the head of a Federal
agency shall provide the information requested by the
Chairperson to the Committee.
(B) Administration.--The furnishing of information by a
Federal agency to the Committee shall not be considered a
waiver of any exemption available to the agency under section
552 of title 5, United States Code.
(C) Information to be kept confidential.--
(i) In general.--For purposes of section 1905 of title 18,
United States Code--
(I) the Committee shall be considered an agency of the
Federal Government; and
(II) any individual employed by an individual, entity, or
organization that is a party to a contract with the Committee
under this Act shall be considered an employee of the
Committee.
(ii) Prohibition on disclosure.--Information obtained by
the Committee, other than information that is available to
the public, shall not be disclosed to any person in any
manner except to an employee of the Committee as described in
clause (i), for the purpose of receiving, reviewing, or
processing the information.
(c) Postal Services.--The Committee may use the United
States mails in the same manner and under the same conditions
as other agencies of the Federal Government.
(d) Donations.--The Committee may accept, use, and dispose
of donations of services or property that advance the goals
of the Long Island Sound Stewardship Initiative.
SEC. 8. STEWARDSHIP SITES.
(a) Initial Sites.--
(1) Identification.--
(A) In general.--The Committee shall identify 20 initial
Long Island Sound stewardship sites that the Committee has
determined--
(i)(I) are natural resource-based recreation areas; or
(II) are exemplary natural areas with ecological value; and
(ii) best promote the purposes of this Act.
(B) Exemption.--Sites described in subparagraph (A) are not
subject to the site identification process described in
subsection (d).
(2) Equitable distribution of funds for initial sites.--In
identifying initial sites under paragraph (1), the Committee
shall exert due diligence to recommend an equitable
distribution of funds between the States for the initial
sites.
(b) Application for Identification as a Stewardship Site.--
Subsequent to the identification of the initial stewardship
sites under subsection (a), owners of sites may submit
applications to the Committee in accordance with subsection
(c) to have the sites identified as stewardship sites.
(c) Identification.--The Committee shall review
applications submitted by owners of potential stewardship
sites to determine whether the sites shall be identified as
exhibiting values consistent with the purposes of this Act.
(d) Site Identification Process.--
(1) Natural resource-based recreation areas.--The Committee
shall identify additional recreation areas with potential as
stewardship sites using a selection technique that includes--
(A) public access;
(B) community support;
(C) areas with high population density;
(D) environmental justice (as defined in section 385.3 of
title 33, Code of Federal Regulations (or successor
regulations));
(E) connectivity to existing protected areas and open
spaces;
(F) cultural, historic, and scenic areas; and
(G) other criteria developed by the Committee.
(2) Natural areas with ecological value.--The Committee
shall identify additional natural areas with ecological value
and potential as stewardship sites--
(A) based on measurable conservation targets for the
Region; and
(B) following a process for prioritizing new sites using
systematic site selection, which shall include--
(i) ecological uniqueness;
(ii) species viability;
(iii) habitat heterogeneity;
(iv) size;
(v) quality;
(vi) connectivity to existing protected areas and open
spaces;
(vii) land cover;
(viii) scientific, research, or educational value;
(ix) threats; and
(x) other criteria developed by the Committee.
(3) Publication of list.--After completion of the site
identification process, the Committee shall--
(A) publish in the Federal Register a list of sites that
further the purposes of this Act; and
(B) prior to publication of the list, provide to owners of
the sites to be published--
(i) a notification of publication; and
(ii) an opportunity to decline inclusion of the site of the
owner on the list.
(4) Deviation from process.--
(A) In general.--The Committee may identify as a potential
stewardship site, a site that does not meet the criteria in
paragraph (1) or (2), or reject a site selected under
paragraph (1) or (2), if the Committee--
(i) selects a site that makes significant ecological or
recreational contributions to the Region;
(ii) publishes the reasons that the Committee decided to
deviate from the systematic site selection process; and
(iii) before identifying or rejecting the potential
stewardship site, provides to the owners of the site the
notification of publication, and the opportunity to decline
inclusion of the site on the list published under paragraph
(3)(A), described in paragraph (3)(B).
(5) Public comment.--In identifying potential stewardship
sites, the Committee shall consider public comments.
(e) General Guidelines for Management.--
(1) In general.--The Committee shall use an adaptive
management framework to identify the best policy initiatives
and actions through--
(A) definition of strategic goals;
(B) definition of policy options for methods to achieve
strategic goals;
(C) establishment of measures of success;
(D) identification of uncertainties;
(E) development of informative models of policy
implementation;
(F) separation of the landscape into geographic units;
(G) monitoring key responses at different spatial and
temporal scales; and
(H) evaluation of outcomes and incorporation into
management strategies.
[[Page S11321]]
(2) Application of adaptive management framework.--The
Committee shall apply the adaptive management framework to
the process for updating the list of recommended stewardship
sites.
SEC. 9. REPORTS.
(a) In General.--For each of fiscal years 2006 through
2013, the Committee shall submit to the Administrator an
annual report that contains--
(1) a detailed statement of the findings and conclusions of
the Committee since the last report;
(2) a description of all sites recommended by the Committee
to be approved as stewardship sites;
(3) the recommendations of the Committee for such
legislation and administrative actions as the Committee
considers appropriate; and
(4) in accordance with subsection (b), the recommendations
of the Committee for the awarding of grants.
(b) General Guidelines for Recommendations.--
(1) In general.--The Committee shall recommend that the
Administrator award grants to qualified applicants to help to
secure and improve the open space, public access, or
ecological values of stewardship sites, through--
(A) purchase of the property of the site;
(B) purchase of relevant property rights of the site; or
(C) entering into any other binding legal arrangement that
ensures that the values of the site are sustained, including
entering into an arrangement with a land manager or owner to
develop or implement an approved management plan that is
necessary for the conservation of natural resources.
(2) Equitable distribution of funds.--The Committee shall
exert due diligence to recommend an equitable distribution of
funds between the States.
(c) Action by the Administrator.--
(1) In general.--Not later than 90 days after receiving a
report under subsection (a), the Administrator shall--
(A) review the recommendations of the Committee; and
(B) take actions consistent with the recommendations of the
Committee, including the approval of identified stewardship
sites and the award of grants, unless the Administrator makes
a finding that any recommendation is unwarranted by the
facts.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall develop and
publish a report that--
(A) assesses the current resources of and threats to Long
Island Sound;
(B) assesses the role of the Long Island Sound Stewardship
Initiative in protecting Long Island Sound;
(C) establishes guidelines, criteria, schedules, and due
dates for evaluating information to identify stewardship
sites;
(D) includes information about any grants that are
available for the purchase of land or property rights to
protect stewardship sites;
(E) accounts for funds received and expended during the
previous fiscal year;
(F) shall be made available to the public on the Internet
and in hardcopy form; and
(G) shall be updated at least every other year, except that
information on funding and any new stewardship sites
identified shall be published more frequently.
SEC. 10. PRIVATE PROPERTY PROTECTION.
(a) Access to Private Property.--Nothing in this Act--
(1) requires any private property owner to allow public
access (including Federal, State, or local government access)
to the private property; or
(2) modifies any provision of Federal, State, or local law
with regard to public access to or use of private property,
except as entered into by voluntary agreement of the owner or
custodian of the property.
(b) Liability.--Approval of the Long Island Sound
Stewardship Initiative Region does not create any liability,
or have any effect on any liability under any other law, of
any private property owner with respect to any person injured
on the private property.
(c) Recognition of Authority to Control Land Use.--Nothing
in this Act modifies the authority of Federal, State, or
local governments to regulate land use.
(d) Participation of Private Property Owners in the Long
Island Sound Stewardship Initiative Region.--Nothing in this
Act requires the owner of any private property located within
the boundaries of the Region to participate in or be
associated with the Initiative.
(e) Effect of Establishment.--
(1) In general.--The boundaries approved for the Region
represent the area within which Federal funds appropriated
for the purpose of this Act may be expended.
(2) Regulatory authority.--The establishment of the Region
and the boundaries of the Region does not provide any
regulatory authority not in existence on the date of
enactment of this Act on land use in the Region by any
management entity, except for such property rights as may be
purchased from or donated by the owner of the property
(including the Federal Government or a State or local
government, if applicable).
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
carry out this Act $25,000,000 for each of fiscal years 2006
through 2013.
(b) Use of Funds.--For each fiscal year, funds made
available under subsection (a) shall be used by the
Administrator, after reviewing the recommendations of the
Committee submitted under section 9, for--
(1) acquisition of land and interests in land;
(2) development and implementation of site management
plans;
(3) site enhancements to reduce threats or promote
stewardship; and
(4) administrative expenses of the Committee.
(c) Federal Share.--The Federal share of the cost of an
activity carried out using any assistance or grant under this
Act shall not exceed 75 percent of the total cost of the
activity.
SEC. 12. LONG ISLAND SOUND AUTHORIZATION OF APPROPRIATIONS.
Section 119(f) of the Federal Water Pollution Control Act
(33 U.S.C. 1269(f)) is amended by striking ``2005'' each
place it appears and inserting ``2009''.
SEC. 13. TERMINATION OF COMMITTEE.
The Committee shall terminate on December 31, 2013.
______
SA 4065. Mr. FRIST (for Mr. Smith) proposed an amendment to the
concurrent resolution S. Con. Res. 113, recognizing the importance of
early diagnosis, proper treatment, and enhanced public awareness of
Tourette Syndrome and supporting the goals and ideals of National
Tourette Syndrome Awareness Month; as follows:
Strike all after the resolving clause and insert the
following:
That Congress--
(1) recognizes the impact that Tourette Syndrome can have
on people living with the disorder;
(2) recognizes the importance of an early diagnosis and
proper treatment of Tourette Syndrome;
(3) recognizes the need for enhanced public awareness of
Tourette Syndrome; and
(4) supports the goals and ideals of National Tourette
Syndrome Awareness Month.
______
SA 4066. Mr. FRIST (for Mr. Smith) proposed an amendment to the
concurrent resolution S. Con. Res. 113, recognizing the importance of
early diagnosis, proper treatment, and enhanced public awareness of
Tourette Syndrome and supporting the goals and ideals of National
Tourette Syndrome Awareness Month; as follows:
Strike the preamble and insert the following:
Whereas Tourette Syndrome is an inherited neurological
disorder characterized by involuntary and sudden movements or
repeated vocalizations;
Whereas approximately 200,000 people in the United States
have been diagnosed with Tourette Syndrome and many more
remain undiagnosed;
Whereas lack of public awareness has increased the social
stigma attached to Tourette Syndrome;
Whereas early diagnosis and treatment of Tourette Syndrome
can prevent physical and psychological harm;
Whereas there is not known cure for Tourette Syndrome and
treatment involves multiple medications and therapies; and
Whereas May 15 through June 15 has been designated as
National Tourette Syndrome Awareness Month, the goal of which
is to educate the public about the nature and effects of
Tourette Syndrome; Now, therefore, be it ...
______
SA 4067. Mr. FRIST (for Mr. Smith) proposed an amendment to the
concurrent resolution S. Con. Res. 113, recognizing the importance of
early diagnosis, proper treatment, and enhanced public awareness of
Tourette Syndrome and supporting the goals and ideals of National
Tourette Syndrome Awareness Month; as follows:
Amend the title so as to read ``Recognizing the importance
of early diagnosis, proper treatment, and enhanced public
awareness of Tourette Syndrome and supporting the goals and
ideas of National Tourette Syndrome Awareness Month.''
____________________