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108hr4852ih | (7) The mechanisms by which the Federal agencies referred to in paragraph (6) coordinate and communicate with State and local governments and private sector institutions. (8) Performance benchmarks to measure progress in achieving the objectives of the biodefense strategy, including a specification of expected timeframes for implementation. (c) Other Agency Responsibilities
The Secretary shall obtain the concurrence of the relevant Federal agency head with respect to such other agency’s responsibilities or activities covered by this section. |
108hr4852ih | (d) Submission
Upon its completion, the Secretary shall transmit a copy of the biodefense strategy to the Congress in an unclassified form with a classified annex as appropriate. 507. National strategy to mitigate the radiological and nuclear threat
(a) Strategy
(1) In general
Consistent with the provisions of section 505 of the Homeland Security Act of 2002 ( 6 U.S.C. 315 ) and subsections (a) and (b) of section 304 of such Act ( 6 U.S.C. |
108hr4852ih | 184 ), the Secretary of Homeland Security, in consultation with the heads of other appropriate Federal agencies, shall develop a comprehensive national strategy (in this section referred to as the strategy ) for meeting the requirements, responsibilities, and authorities of the Department of Homeland Security under the Homeland Security Act of 2002 (including sections 201(d)(1), 302(2), and 502(2) and (3) ( 6 U.S.C. 121(d)(1) , 182(2), and 312(2) and (3))) with respect to mitigating the radiological and nuclear threat. |
108hr4852ih | (2) Deadline
The Secretary shall develop the strategy not later than one year after the date of enactment of this Act. (b) Contents
The strategy shall include— (1) radiological and nuclear mitigation objectives, missions, and priorities, including a description of how they were established and will be updated; (2) a description of the radiological and nuclear threats to and vulnerabilities of the Nation, including a prioritization of such threats in terms of risk; (3) a specification of each Federal agency with research and development responsibilities regarding such objectives, missions, and priorities, and a description of such responsibilities; |
108hr4852ih | (4) a specification of each Federal agency with other responsibilities regarding such objectives, missions, and priorities (including surveillance, threat and risk analysis, and incident response), and a description of such responsibilities; (5) the mechanisms by which coordination among the Federal agencies specified in paragraphs (3) and (4) will be achieved; and (6) performance benchmarks to measure progress in achieving the strategy, including a specification of expected timeframes for implementation. (c) Other Agency Responsibilities
The Secretary shall obtain the concurrence of the relevant Federal agency head with respect to such other agency’s responsibilities or activities covered by this section. |
108hr4852ih | (d) Submission
Upon its completion, the Secretary shall transmit a copy of the strategy to the Congress in an unclassified form, with a classified annex as appropriate. 601. Plan for enhanced coordination and interoperability of maritime and airborne homeland security assets
(a) In general
Not later than one year after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and submit to the appropriate congressional committees (as that term is defined in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 101 )) a plan to ensure— (1) coordination of the operational planning and deployment of the maritime and airborne assets of the Directorate of Border and Transportation Security that are used for homeland security purposes in order to enhance mission capacity, improve efficiency of operations, and reduce duplication of efforts; (2) coordination of the modernization plans of the assets described in paragraph (1) in order to enhance mission capacity, improve efficiency of operations, and reduce duplication of efforts; (3) coordination of the maintenance and repair capacity of the assets described in paragraph (1) in order to enhance mission capacity, improve efficiency of operations, |
108hr4852ih | and reduce duplication of efforts; (4) interoperable communication systems among the Department of Homeland Security’s maritime and airborne assets that are used for homeland security purposes, to the extent practicable, in order to enhance mission capacity, improve efficiency of operations, and reduce duplication of efforts; and (5) sharing of maritime information relating to vessels, crew, passengers, cargo, and cargo shippers among the appropriate elements of the Department of Homeland Security. (b) Relationship with the Coast Guard
To the extent permitted by section 888 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 468 ), the plan shall consider whether there are additional opportunities for enhanced coordination between the maritime and airborne assets within the Directorate of Border and Transportation Security Directorate and those of the Coast Guard. 602. Access to border and transportation security information
The Secretary of Homeland Security shall take any action necessary and appropriate to ensure— (1) that all appropriate personnel of the Directorate of Border and Transportation Security can promptly access and receive law enforcement and intelligence information contained in all databases utilized by the Directorate; |
108hr4852ih | (2) the prompt transmittal of information between entities of the Directorate and the Directorate for Information Analysis and Infrastructure Protection and any other entity of the Department prescribed by the Secretary; and (3) that all actions taken under this section are consistent with the Secretary’s Department-wide efforts to ensure the compatibility of information systems and databases pursuant to section 102(b)(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 112(b)(3) ). 603. |
108hr4852ih | Combined enrollment centers for expedited inspection programs
(a) In general
Not later than 6 months after the date of the enactment of this Act, the Secretary of Homeland Security shall initiate a pilot program under which the Department shall establish not less than 2 combined enrollment centers at locations away from United States ports of entry for programs that permit participants to receive expedited inspection at designated ports of entry. (b) Allocation
Of the combined enrollment centers established under subsection (a), at least 1 shall serve the northern border of the United States and at least 1 shall serve the southern border of the United States. 604. |
108hr4852ih | Expedited inspection program use at multiple ports of entry
Not later than 18 months after the date of the enactment of this Act, the Secretary of Homeland Security shall permit individuals holding a valid identification card issued under a program that permits participants to receive expedited inspection at designated ports of entry to use such card at any port of entry at which such program is operating. 701. Assignment of management responsibilities to Deputy Secretary; establishment of additional officer
(a) Management responsibilities
Section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 341 ) is amended as follows: (1) by striking the heading and inserting the following: 701. Management responsibilities
. (2) In subsection (a) by striking Under Secretary for Management and inserting Deputy Secretary. |
108hr4852ih | (3) In subsection (a) by striking paragraph (7), by redesignating paragraphs (1) through (11) in order as paragraphs (6) through (14), and by inserting before paragraph (4) (as so redesignated) the following: (1) Oversight, integration, and coordination of departmental operations, policies, programs, functions, and systems to promote organizational effectiveness, accountability and efficiency. (2) Strategic planning, development of measurable implementation goals, and establishment of resource allocation priorities, including preparation of the annual Future Years Homeland Security Program under section 874. |
108hr4852ih | (3) Development and tracking of performance measures and metrics relating to the responsibilities and missions of the Department. (4) Ensuring effective and timely information sharing within the Department and between the Department and other Federal agencies, State and local governments, and the private sector. (5) Establishment of clearly defined roles and responsibilities within the Department, and between the Department and other Federal agencies, and ensuring necessary cooperation between the Department and other Federal agencies, State and local governments, and the private sector.. (4) In subsection (b) by striking Under Secretary for Management each place it appears and inserting Deputy Secretary. |
108hr4852ih | (b) Report
For each of the first 3 fiscal years beginning after the date of the enactment of this Act, the Secretary of Homeland Security shall include as part of the annual program performance report for the Department of Homeland Security under section 1116 of title 31, United States Code, a separate, comprehensive review setting forth the following: (1) The significant management accomplishments achieved by the Department with respect to each of the management responsibilities set forth in section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ). |
108hr4852ih | (2) The significant management challenges identified by the Secretary with respect to each of the management responsibilities set forth in section 701 of the Homeland Security Act of 2002 ( 6 U.S.C. 341 ). (3) Plans and strategies, including the establishment of performance indicators or performance goals, to address such significant management challenges identified by the Secretary. (4) Plans and strategies, including the establishment of performance indicators or performance goals, for achieving integration, consolidation, and efficiencies in policies, programs, and functions across the Department. |
108hr4852ih | (c) Chief Acquisition Officer
Section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ) is amended by redesignating subsection (e) as subsection (f), and by inserting after subsection (d) the following: (e) Chief Acquisition Officer
There shall be in the Department a Chief Acquisition Officer as provided in section 16 of Office of Federal Procurement Policy Act ( 41 U.S.C. 414 ).. (d) Chief Human Capital Officer
Section 704 of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 344 ) is amended to read as follows: 704. Chief Human Capital Officer
The Chief Human Capital Officer appointed under section 103(d)(3) shall report to the Secretary, or to any other official of the Department, as the Secretary may direct. The Chief Human Capital Officer— (1) shall assess the ability of Department personnel to fulfill the Department’s missions, and oversee the implementation of effective recruitment and retention efforts across the Department; (2) shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5, United States Code, |
108hr4852ih | by— (A) participating in the 2302(c) Certification Program of the Office of Special Counsel; (B) achieving certification from the Office of Special Counsel of the Department’s compliance with section 2302(c) of title 5, United States Code; and (C) informing the Congress of such certification not later than 24 months after the date of enactment of this paragraph; and (3) shall perform such other functions as may be required by law or prescribed by the Secretary. |
108hr4852ih | (e) Abolishment of under Secretary for Management
(1) Abolishment
Section 103(a) of the Homeland Security Act of 2002 ( 6 U.S.C. 113(a) ) is amended by striking paragraph (7), and by redesignating paragraphs (8) and (9) as paragraph (7) and (8), respectively. |
108hr4852ih | (2) Continued service
Notwithstanding the amendment made by subsection (a), an individual serving as Under Secretary for Management of the Department of Homeland Security immediately before the enactment of this Act may continue to serve in such role at the discretion of the Secretary of Homeland Security. (f) Basic pay rates
Section 5315 of title 5, United States Code, is amended by inserting after the item relating to Chief Information Officer, Department of Homeland Security, the following: Chief Acquisition Officer, Department of Homeland Security.. 701. Management responsibilities 704. |
108hr4852ih | Chief Human Capital Officer
The Chief Human Capital Officer appointed under section 103(d)(3) shall report to the Secretary, or to any other official of the Department, as the Secretary may direct. The Chief Human Capital Officer— (1) shall assess the ability of Department personnel to fulfill the Department’s missions, and oversee the implementation of effective recruitment and retention efforts across the Department; (2) shall ensure that all employees of the Department are informed of their rights and remedies under chapters 12 and 23 of title 5, United States Code, |
108hr4852ih | by— (A) participating in the 2302(c) Certification Program of the Office of Special Counsel; (B) achieving certification from the Office of Special Counsel of the Department’s compliance with section 2302(c) of title 5, United States Code; and (C) informing the Congress of such certification not later than 24 months after the date of enactment of this paragraph; and (3) shall perform such other functions as may be required by law or prescribed by the Secretary. 702. |
108hr4852ih | Additional budget-related submission
(a) In general
Beginning in fiscal year 2006, and annually thereafter, the Secretary of Homeland Security shall submit to the Congress budget request information for the Department of Homeland Security’s information technology-related spending that is organized by directorate and by Department-wide critical mission area, including the integration of information technology systems to improve departmental operations, management, and information sharing. (b) Submission
The Secretary shall submit the information under subsection (a) at the same time as the submission of the President’s annual budget request to the Congress. 703. |
108hr4852ih | Congressional notification requirements
(a) In general
Title I of the Homeland Security Act of 2002 ( 6 U.S.C. 111 et seq. ) is amended by adding at the end the following: 104. Congressional notification requirements
(a) In general
The Secretary shall keep each appropriate congressional committee fully and currently informed of the Department’s activities, including any significant initiative of any directorate, office, or component of the Department, and any significant failure or material delay in implementing any initiative for which notification is required by this subsection. |
108hr4852ih | (b) Copies of agreements, memoranda, and other instruments
The Secretary shall provide promptly to each appropriate congressional committee a copy of any agreement, memorandum, or other instrument that creates or evidences any obligation that is binding on the Department with respect to any other Federal, State, or local department, agency, or other entity, or to any private sector entity, excluding grants, contracts or cooperative agreements. |
108hr4852ih | (c) Unclassified versions of classified notifications
(1) In general
(A) The Secretary may submit any notification required under this section in classified form, if that is necessary in order to provide the information required by this section. (B) In carrying out subparagraph (A), the Secretary may submit any classified notification by delivering it to the premises of any committee of the House of Representatives or the Senate that the Speaker of the House or President of the Senate, has determined to have storage facilities appropriate for classified material of such type. |
108hr4852ih | (2) Unclassified notification
When the Secretary submits a classified notification pursuant to paragraph (1), the Secretary shall provide to each appropriate congressional committee, at the same time the Secretary provides any classified notification to such committees under this section, a notification in an unclassified form containing as much of the substance of such classified notification as can be provided in an unclassified format. |
108hr4852ih | (3) Prompt submission
If providing a notification in an unclassified form under paragraph (2) would delay the Secretary’s submission of the notification, the Secretary shall submit the unclassified notification required by paragraph (2) as soon as practicable after submission of the classified notification to which it relates. (d) Sense of Congress
Notwithstanding the requirements of subsections (a) through (c), it is the sense of the Congress that senior officials of the Department should routinely consult with the appropriate congressional committees prior to adopting any significant initiative to implement the statutory responsibilities of the Department. |
108hr4852ih | (e) Significant initiative defined
As used in this section, the term significant initiative — (1) means any new or largely unprecedented program, activity, or system of the Department or any significant expansion of an existing program, activity, or system, that implements any of the Department’s responsibilities under this Act or any other legally binding mandate; and (2) includes any agreement, joint venture, or cooperative arrangement the Department enters into in order to carry out any aspect of the statutory mission of the Department, or to provide material assistance to any other Federal, State, or local government entity in discharging that entity’s homeland security-related responsibilities. |
108hr4852ih | (b) Clerical amendment
The table of contents in Section 1(a) of such Act is amended by inserting after the item relating to section 103 the following: Sec. 104. Congressional notification requirements. 104. Congressional notification requirements
(a) In general
The Secretary shall keep each appropriate congressional committee fully and currently informed of the Department’s activities, including any significant initiative of any directorate, office, or component of the Department, and any significant failure or material delay in implementing any initiative for which notification is required by this subsection. |
108hr4852ih | (b) Copies of agreements, memoranda, and other instruments
The Secretary shall provide promptly to each appropriate congressional committee a copy of any agreement, memorandum, or other instrument that creates or evidences any obligation that is binding on the Department with respect to any other Federal, State, or local department, agency, or other entity, or to any private sector entity, excluding grants, contracts or cooperative agreements. |
108hr4852ih | (c) Unclassified versions of classified notifications
(1) In general
(A) The Secretary may submit any notification required under this section in classified form, if that is necessary in order to provide the information required by this section. (B) In carrying out subparagraph (A), the Secretary may submit any classified notification by delivering it to the premises of any committee of the House of Representatives or the Senate that the Speaker of the House or President of the Senate, has determined to have storage facilities appropriate for classified material of such type. |
108hr4852ih | (2) Unclassified notification
When the Secretary submits a classified notification pursuant to paragraph (1), the Secretary shall provide to each appropriate congressional committee, at the same time the Secretary provides any classified notification to such committees under this section, a notification in an unclassified form containing as much of the substance of such classified notification as can be provided in an unclassified format. |
108hr4852ih | (3) Prompt submission
If providing a notification in an unclassified form under paragraph (2) would delay the Secretary’s submission of the notification, the Secretary shall submit the unclassified notification required by paragraph (2) as soon as practicable after submission of the classified notification to which it relates. (d) Sense of Congress
Notwithstanding the requirements of subsections (a) through (c), it is the sense of the Congress that senior officials of the Department should routinely consult with the appropriate congressional committees prior to adopting any significant initiative to implement the statutory responsibilities of the Department. |
108hr4852ih | (e) Significant initiative defined
As used in this section, the term significant initiative — (1) means any new or largely unprecedented program, activity, or system of the Department or any significant expansion of an existing program, activity, or system, that implements any of the Department’s responsibilities under this Act or any other legally binding mandate; and (2) includes any agreement, joint venture, or cooperative arrangement the Department enters into in order to carry out any aspect of the statutory mission of the Department, or to provide material assistance to any other Federal, State, or local government entity in discharging that entity’s homeland security-related responsibilities. |
108hr4852ih | 801. Technical correction relating to definition of critical infrastructure information
Section 212(3) of the Homeland Security Act of 2002 ( 6 U.S.C. 131(3) ) is amended in the matter preceding subparagraph (A) by inserting , including such information regarding after protected systems. 802. Clarification of pay level for Director of Bureau of Citizenship and Immigration Services
Section 451(a)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. |
108hr4852ih | 271(a)(2) ) is amended by— (1) inserting and after the semicolon in subparagraph (A); (2) striking ; and in subparagraph (B) and inserting a period; and (3) striking subparagraph (C). 803. Director of United States Secret Service
(a) Director of the Secret Service
Section 103 of the Homeland Security Act of 2002 ( 6 U.S.C. 113 ) is amended— (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; |
108hr4852ih | and (2) by inserting after subsection (c) the following: (D) Director of the Secret Service
To assist the Secretary in the performance of the Secretary’s functions, there is a Director of the Secret Service, who shall be appointed by the President, and who shall report directly to the Secretary. (b) Conforming amendment
Subsection (e) of section 103 of such Act (as redesignated by subsection (a)(1) of this section) is amended— (1) by striking paragraph (1); |
108hr4852ih | and (2) by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. 804. Technical correction renaming the National Imagery and Mapping Agency
Section 201 of the Homeland Security Act of 2002 ( 6 U.S.C. 121 ) is amended— (1) in subsection (f)(2)(E), by striking National Imagery and Mapping Agency and inserting National Geospatial-Intelligence Agency ; and (2) in subsection (h), by striking 401(a) and inserting 401a(4). 805. |
108hr4852ih | No effect on authority of Inspector General
Nothing in this Act shall affect the authority of the Inspector General of the Department of Homeland Security under the Inspector General Act of 1978 (5 App. U.S.C.) to carry out the functions of the Inspector General under that Act. 901. Department of Homeland Security
There is authorized to be appropriated for the Department of Homeland Security $31,999,941,000 for fiscal year 2005. 902. |
108hr4852ih | Departmental management and operations
Of the amount authorized under section 901, there is authorized for departmental management and operations, including management and operations of the Office for State and Local Government Coordination and Preparedness, $4,709,105,000, of which up to $50,000,000 may be appropriated for the Office for Domestic Preparedness for carrying out the purposes of the Metropolitan Medical Response System. 903. Information analysis and infrastructure protection
Of the amount authorized under section 901, there is authorized for information analysis and infrastructure protection programs and activities $854,576,000. 904. |
108hr4852ih | Science and technology
Of the amount authorized under section 901, there is authorized for science and technology programs and activities $1,132,299,000. 905. Security enforcement and investigations
Of the amount authorized under section 901, there is authorized for expenses related to border and transportation security, immigration, and other security and related functions, $19,878,365,000. 906. Emergency preparedness and response
Of the amount authorized under section 901, there is authorized for emergency preparedness and response programs and activities, $5,425,596,000. |
108hr5013ih | 1. Increased frequency of disclosure by political organizations
(a) In general
Paragraph (2) of section 527(j) of the Internal Revenue Code of 1986 (relating to required disclosure) is amended to read as follows: (2) Required disclosures
(A) In general
A political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary the reports required by subparagraphs (B) and (C). |
108hr5013ih | (B) Election years
(i) Monthly disclosures for organizations receiving or expending $25,000 or more in election year
In the case of an organization that has, or has reason to expect to have, contributions which equal or exceed $25,000, or expenditures which equal or exceed $25,000, for an exempt function in a calendar year in which a regularly scheduled election is held, the reports required by this clause are monthly reports, beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. |
108hr5013ih | Such reports shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. (ii) Quarterly disclosures for organizations receiving or expending less than $25,000
Except as provided by clause (i), in the case of contributions accepted or expenditures made during a calendar year in which a regularly scheduled election is held, the reports required by this clause are quarterly reports, beginning with the first quarter of the calendar year in which a contribution is accepted or expenditure is made. |
108hr5013ih | Such reports shall be complete as of the last day of the quarter and shall be filed— (I) for each of the first three calendar quarters not later than the 15th day after the last day of the calendar quarter, and (II) for the calendar quarter ending on December 31 not later than January 31 of the following calendar year. |
108hr5013ih | (iii) Change to monthly reporting when contributions or expenditures in excess of $25,000
An organization which, at any time during the election year, is required to report under clause (ii), and receives contributions in excess of $25,000 or makes expenditures in excess of $25,000, shall be subject to clause (i) beginning with the next reporting period in which such excess first occurs. |
108hr5013ih | The first report required in a calendar year under clause (i) by reason of this clause shall include a monthly report for each of the preceding months of such calendar year in which the organization would have been required to report under clause (i) if such clause applied without regard to this clause. (iv) Pre- and post- election reports
With respect to a regularly scheduled election, the reports required by this clause are— (I) a pre-election report, |
108hr5013ih | which shall be filed not later than the 12th day before (or posted by registered or certified mail not later than the 15th day before) any election with respect to which the organization makes a contribution or expenditure and which shall be complete as of the 20th day before the election, and (II) a post-general election report, which shall be filed not later than the 30th day after the general election and which shall be complete as of the 20th day after such general election. |
108hr5013ih | (C) Nonelection year
In the case of a calendar year other than a calendar year in which a regularly scheduled election is held, the reports required by this subparagraph are a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year, (D) Election to file monthly reports
An organization may elect to file monthly reports for the calendar year, |
108hr5013ih | beginning with the first month of the calendar year in which a contribution is accepted or expenditure is made. Each such report for a month shall be filed not later than the 20th day after the last day of the month and shall be complete as of the last day of the month. |
108hr5013ih | In lieu of filing reports otherwise due under this subparagraph in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with subparagraph (B)(iv)(I), a post-general election report shall be filed in accordance with subparagraph (B)(iv)(II), and a year end report shall be filed not later than January 31 of the following calendar year.. (b) Effective date
The amendment made by this section shall apply to years beginning after December 31, 2004. 2. |
108hr5013ih | Improved electronic disclosure and linkage with Federal Election Commission
(a) In general
The Secretary of the Treasury, in consultation with the Federal Election Commission, shall take such actions as may be necessary to increase disclosure to the public by improving the database and disclosure system for reports required to be filed by political organizations under section 527 of the Internal Revenue Code of 1986. |
108hr5013ih | (b) Improved linkage with Federal Election Commission
The Secretary of the Treasury and the Federal Election Commission shall take such actions as may be necessary to improve the linkage between the databases for public disclosure of election-related information maintained by the Department of the Treasury and the Federal Election Commission. (c) Report to Congress
The Secretary of the Treasury and the Federal Election Commission shall each submit reports to the Congress on the actions taken under subsections (a) and (b). |
108hr5013ih | The first report shall be an interim report submitted not later than July 15, 2004, and the second report shall be a final report submitted not later than January 15, 2005. (d) Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this section. |
108hr5366ih | 1. Double deduction of certain employee training expenses
(a) In General
Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by adding at the end the following new section: 200. |
108hr5366ih | Double deduction of certain employee training expenses
(a) In General
There is allowed as a deduction amounts paid or incurred by the taxpayer during the taxable year for the training of employees of such taxpayer if— (1) such amounts are also deductible by the taxpayer for such taxable year as ordinary and necessary business expenses under section 162(a), and (2) such training constitutes— (A) an apprenticeship program recognized and certified by the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ), or (B) a program licensed, registered, or certified by a State. |
108hr5366ih | (b) Limitation based on wages
No deduction shall be allowed under this section to any taxpayer for any taxable year unless the amount of the deduction which would (but for this subsection) be so allowed equals or exceeds 1 percent of the total wages paid or incurred by such employer for such taxable year.. (b) Clerical Amendment
The table of sections for part VI of subchapter B of chapter 1 of such Code is amended by adding at the end the following new item: Sec. 200. Double deduction of certain employee training expenses. |
108hr5366ih | (c) Effective Date
The amendments made by this section shall apply to expenses paid or incurred in taxable years ending after the date of the enactment of this Act. 200. |
108hr5366ih | Double deduction of certain employee training expenses
(a) In General
There is allowed as a deduction amounts paid or incurred by the taxpayer during the taxable year for the training of employees of such taxpayer if— (1) such amounts are also deductible by the taxpayer for such taxable year as ordinary and necessary business expenses under section 162(a), and (2) such training constitutes— (A) an apprenticeship program recognized and certified by the Secretary of Labor under section 1 of the National Apprenticeship Act ( 29 U.S.C. 50 ), or (B) a program licensed, registered, or certified by a State. |
108hr5366ih | (b) Limitation based on wages
No deduction shall be allowed under this section to any taxpayer for any taxable year unless the amount of the deduction which would (but for this subsection) be so allowed equals or exceeds 1 percent of the total wages paid or incurred by such employer for such taxable year. |
108hr4645ih | 1. Short title
This Act may be cited as the PRIDE Plus Act. 2. Northern and Northeastern Kentucky
(a) Northern and northeastern kentucky defined
In this section, the term Northern and Northeastern Kentucky means the counties of Bath, Boone, Boyd, Bracken, Campbell, Carroll, Carter, Elliot, Fleming, Gallatin, Grant, Greenup, Harrison, Henry, Kenton, Lewis, Mason, Nicholas, Oldham, Owen, Pendleton, Robertson, Scott, and Trimble, Kentucky. |
108hr4645ih | (b) Establishment of program
The Secretary of the Army may establish a program to provide environmental assistance to non-Federal interests in Northern and Northeastern Kentucky. (c) Form of assistance
Assistance under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in Northern and Northeastern Kentucky, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development. (d) Public ownership requirement
The Secretary may provide assistance for a project under this section only if the project is publicly owned. |
108hr4645ih | (e) Local cooperation agreements
(1) In general
Before providing assistance under this section, the Secretary shall enter into a local cooperation agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance. (2) Requirements
Each local cooperation agreement entered into under this subsection shall provide for the following: (A) Plan
Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications. |
108hr4645ih | (B) Legal and institutional structures
Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest. (3) Cost sharing
(A) In general
The Federal share of the project costs under each local cooperation agreement entered into under this subsection shall be 75 percent. The Federal share may be in the form of grants or reimbursements of project costs. |
108hr4645ih | (B) Credit for design work
The non-Federal interest shall receive credit for the reasonable costs of design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project. (C) Credit for interest
In case of a delay in the funding of the non-Federal share of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project’s costs. |
108hr4645ih | (D) Land, easements, and rights-of-way credit
The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operations, and maintenance of the project on publicly owned or controlled land), but not to exceed 25 percent of total project costs. (E) Operations and maintenance
The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent. |
108hr4645ih | (f) Applicability of other federal and state laws
Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section. (g) Report
Not later than December 31, 2005, the Secretary shall transmit to Congress a report on the results of the program carried out under this section, including a recommendation concerning whether the program should be implemented on a national basis. |
108hr4645ih | (h) Authorization of appropriations
There is authorized to be appropriated to carry out this section $10,000,000. Such funds shall remain available until expended. |
108hr4510ih | 1. Requirement to provide to Congress copies and descriptions of contracts and task orders in excess of $1,000,000 for work to be performed in Iraq and Afghanistan
(a) Monthly requirement as to new contracts and task orders
Each month, the Secretary of Defense shall provide to the chairman and to the ranking minority member of each of the committees of Congress specified in subsection (c) a copy of, and a description of the work to be performed under, each new contract, and each new task order issued under an existing contract, in an amount greater than $1,000, |
108hr4510ih | 000 entered into by the Department of Defense during the preceding month for work to be performed in Iraq and Afghanistan. (b) Requirement as to contracts and task orders before enactment
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the chairman and to the ranking minority member of each of the committees of Congress specified in subsection (c) a copy of, and a description of the work performed or to be performed under, each contract, and each task order issued under an existing contract, in an amount greater than $1,000, |
108hr4510ih | 000 entered into by the Department of Defense during the period beginning October 1, 2001, and ending on the last day of the month during which this Act is enacted for work to be performed in Iraq and Afghanistan. (c) Committees
The committees referred to in subsections (a) and (b) are the following: (1) The Committees on Armed Services, Government Reform, Appropriations, and International Relations of the House of Representatives. (2) The Committees on Armed Services, Governmental Affairs, Appropriations, and Foreign Relations of the Senate. |
108hr4063ih | 1. Short title
This Act may be cited as the No School Left Behind Act of 2004. 2. Full funding of part b of the Individuals with Disabilities Education Act
(a) Waiver authority
Subject to subsection (c), section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. |
108hr4063ih | 6316(b) ) (relating to the identification of schools for school improvement, corrective action, or restructuring) shall not apply in a State if— (1) for any fiscal year the Federal Government appropriates for the purpose of carrying out part B of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411 et seq. ) an amount that is less than the amount determined under subsection (b); and (2) the State chooses to waive the application of such section 1116(b). |
108hr4063ih | (b) Amount
The amount referred to in subsection (a)(1) is the product of— (1) the number of children with disabilities in all States who are receiving special education and related services— (A) aged 3 through 5 if the State is eligible for a grant under section 619; and (B) aged 6 through 21; and (2) 40 percent of the average per-pupil expenditure in public elementary and secondary schools in the United States. |
108hr4063ih | (c) Limitation
For any fiscal year described in subsection (a)(1), a State may waive the application of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6316(b) ) for not more than 3 consecutive school years, beginning with the school year that commences during the fiscal year involved. (d) Continued funding
A State’s decision under this section to waive the provisions of section 1116(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. |
108hr4063ih | 6316(b) ) shall not affect the State’s eligibility for, or receipt of, funds under such Act. (e) State
For purposes of this section, the term State has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). |
108hr4314ih | 1. Hold harmless
Notwithstanding any other provision of law, the total amount of funds awarded to a State under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ) for fiscal year 2004 shall not be less than the total amount of funds awarded to the State under such part for fiscal year 2003. |
108hr5181ih | 1. Short Title
This Act may be cited as the Employee Freedom from Invasion of Privacy Act. 2. Prohibition Against Video or Audio Monitoring of Employees in Certain Employment Locations
An employer may not engage in video monitoring or audio monitoring of an employee of the employer when the employee is in a restroom facility, dressing room, or any other area in which it is reasonable to expect employees of the employer to change clothing. 3. |
108hr5181ih | Enforcement Action by Secretary
(a) In General
Any employer who violates section 2 shall be liable to the United States for a civil money penalty in an amount not to exceed $10,000 for each violation, except that, if the violation is knowing, the penalty for the violation may be up to $25,000. (b) Written Notice and Opportunity for Hearing
The Secretary of Labor shall assess a civil penalty under subsection (a) by an order made on the record after opportunity for a hearing provided in accordance with section 554 of title 5, United States Code. |
108hr5181ih | In connection with the hearing, the Secretary may issue subpoenas requiring the attendance and testimony of witnesses and the production of evidence that relates to the subject matter of the hearing. |
108hr5181ih | (c) Determination of Amount of Civil Money Penalty
In determining the amount of a civil money penalty under subsection (a), the Secretary shall take into account— (1) the nature, circumstances, extent, and gravity of the violation or violations; and (2) with respect to the violator, the ability to pay, effect on ability to continue to do business, any history of prior violations, the degree of culpability, and such other matters as justice may require. |
108hr5181ih | (d) Modification of Civil Money Penalty
The Secretary may compromise, modify, or remit, with or without conditions, any civil money penalty assessed under subsection (a). The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the United States to the employer. |
108hr5181ih | (e) Judicial Review
An employer who requested, in accordance with section 554 of title 5, United States Code, a hearing respecting the assessment of a civil penalty under this subsection, and who is aggrieved by the order assessing the penalty may file a petition for judicial review of the order with the United States Court of Appeals for the District of Columbia Circuit or for any other circuit in which the employer resides or transacts business. Such a petition may only be filed within the 60-day period beginning on the date the order was issued. |
108hr5181ih | (f) Failure to Pay
The Attorney General may recover, in an action brought in any appropriate district court of the United States, the amount of a civil penalty assessed under this subsection against an employer who fails to pay the penalty— (1) after the order making the assessment becomes final, and if such employer does not file a petition for judicial review of the order in accordance with subsection (e); or (2) after a court in an action brought under subsection (e) has entered a final judgment in favor of the Secretary. |
108hr5181ih | (g) No Review of Penalty
In an action brought under subsection (f), the validity, amount, and appropriateness of the civil penalty shall not be subject to review. (h) Injunctive Relief
The Secretary may commence, in any court of competent jurisdiction, a civil action for the purpose of obtaining temporary or permanent injunctive relief with respect to preventing a violation of section 2. 4. |
108hr5181ih | Civil Cause of Action by Aggrieved Employee
(a) In General
An employee who is aggrieved as a result of a violation of section 2 by the employer of such employee may commence, in any court of competent jurisdiction, a civil action against the employer to obtain appropriate relief, including— (1) an injunction to enjoin the employer from further engaging in the violation or from committing any further violation, as appropriate; (2) damages not to exceed $25,000 if the violation is knowing; or (3) both such remedies. |
108hr5181ih | (b) Commencement of Proceedings
An employee referred to in subsection (a) may not commence proceedings under such subsection against an employer of the employee after the expiration of the 7-year period beginning on the later of the following: (1) The date on which the employer allegedly engaged in a violation of section 2. (2) The date on which the employee should have been aware of an alleged violation of section 2 by the employer. |
108hr5181ih | (c) Attorney’s Fees and Costs
In any civil action referred to in subsection (a), the prevailing party may obtain appropriate relief, including reasonable costs, and attorney’s and expert witness fees. 5. Effect on State Laws and Collective Bargaining Agreements
(a) State Laws
This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of the laws of any State or political subdivision of any State, except to the extent such laws are inconsistent with this Act, and then only to the extent of the inconsistency. |
108hr5181ih | A law is not inconsistent with this Act if the law affords greater protection to an employee than the protection provided under this Act. (b) Collective Bargaining Agreements
This Act does not annul, alter, or affect in any manner the meaning, scope, or applicability of any collective bargaining agreements, except to the extent that such agreements are inconsistent with this Act, and then only to the extent of the inconsistency. An agreement is not inconsistent with this Act if the agreement affords greater protection to an employee than the protection provided under this Act. 6. |
108hr5181ih | Definitions
In this Act: (1) Audio Monitoring
The term audio monitoring means the listening to, collecting, or recording of sounds of an employee by means of audio equipment or other method. (2) Employee
The term employee means any person who is employed by an employer or who was employed by an employer at the time of a violation that was allegedly committed by that employer. Such term includes leased or temporary employees and an employee who is under contract to perform work for an employer. (3) Employer
The term employer means any person or entity engaged in commerce or in an industry or activity affecting commerce. |
108hr5181ih | Such term includes a public agency. (4) Public Agency
The term public agency means— (A) the Government of the United States; (B) the government of a State or political subdivision thereof; (C) any agency of the United States (including the United States Postal Service and Postal Rate Commission); (D) any agency of a State, or a political subdivision of a State; or (E) any interstate governmental agency. (5) Video Monitoring
The term video monitoring means the videotaping, photographing, filming, or recording by any electronic means of an employee. |
108hr5181ih | (6) Secretary
The term Secretary means the Secretary of Labor. (7) State
The term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States. 7. Effective Date
This Act takes effect 60 days after the date of the enactment of this Act. |
108hr5062ih | 1. Permanent resident status for Helene Jensen
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Helene Jensen shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. |
108hr5062ih | (b) Adjustment of status
If Helene Jensen enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. |
108hr5062ih | (c) Deadline for application and payment of fees
Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. |
108hr5062ih | (d) Reduction of immigrant visa number
Upon the granting of an immigrant visa or permanent residence to Helene Jensen, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. |
108hr5062ih | (e) Denial of preferential immigration treatment for certain relatives
The natural parents, brothers, and sisters of Helene Jensen shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. |
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