id stringlengths 7 16 | section stringlengths 0 887 |
|---|---|
108hr5391ih | (5) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to victim/active duty member or victim/civilian. (6) Recommendations for a comprehensive Department of Defense strategy to prevent and intervene in cases of intimate partner violence, to include recommendations on improvements in administrative, criminal, health care, and social service responses to intimate partner violence and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to intimate partner violence. |
108hr5391ih | (j) Authorization of Appropriations
There are authorized to be appropriated $300,000 to conduct the research study commencing in fiscal year 2005. 1506. Research on sexual violence perpetrated upon civilians
(a) Study required
The Bureau of Justice Statistics of the Department of Justice (referred to in this section as the Bureau ) shall carry out a comprehensive, 24-month research study that involves the collection and analysis of data on the prevalence and nature of sexual assault in the Armed Forces. |
108hr5391ih | The research study shall include the identification of the common characteristics of— (1) both civilian victims and perpetrators of sexual assault; and (2) the situations and environments in which sexual assault occurs. |
108hr5391ih | (b) Considerations
In carrying out subsection (a), the Bureau shall consider— (1) a definition of sexual assault which encompasses behavioral based patterns for the purposes of the research study; (2) how the Bureau should collect information about sexual assault; (3) how the Bureau should collect information beyond self-reports of sexual assault; (4) how the Bureau should adjust the data in order to account for differences between service branches, installations, deployed, training and nondeployed units and individual respondents; and (5) the categorization of branches, installations and units. |
108hr5391ih | (c) Solicitation of views
In carrying out subsection (a), the Bureau shall solicit views from representatives of the following: (1) Th National Institute of Justice. (2) The Office of Violence Against Women. (3) The Centers for Disease Control and Prevention and the Women’s Health Office, Department of Health and Human Services. (4) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (5) Retired military personnel. (6) Victim advocates. (7) Sex offender behavior specialists. (8) Researchers. |
108hr5391ih | (9) Other experts in the area of sexual assault. (d) Sampling techniques
The research study under subsection (a) shall be conducted with random samples, or other scientifically appropriate samples, of men and women. The selection shall include enough men and women so the data that are collected are representative of men and women and comparisons can be made across several broad subgroup categories, such as age, race, status and rank. (e) Surveys
In carrying out the research study under subsection (a), the Bureau shall, in addition to such other methods as the Bureau considers appropriate, use surveys of the general population. |
108hr5391ih | In addition to the samples of civilians associated with military personnel, surveys shall be conducted with a probability-based comparison sample of men and women who are demographically similar to the survey population. The data collected from the military and nonmilitary samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled, and to compensate for any observed differential nonresponse among sample members. (f) Protection of human subjects
The Bureau shall ensure the confidentiality of each survey participant. The Bureau shall adopt protocols for the protection of human subjects. |
108hr5391ih | (g) Participation in survey
All military installations that receive a request from the Bureau shall participate in the survey and provide access to any military personnel or civilians serving on the installation. (h) Data analysis and reporting
Once data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of sexual assault within the Armed Forces, prevention strategies, and needs of the victims of sexual assault. The report shall include the following: (1) The incidence and prevalence of sexual assault involving members of the Armed Forces. |
108hr5391ih | (2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to sexual assault involving civilian victims and how they vary across the services. (3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. (4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to civilian victims of sexual assault perpetrated by members of the Armed Forces. |
108hr5391ih | (5) Recommendations for a comprehensive strategy to prevent and intervene in cases of sexual assault, to include recommendations on improvements in administrative, criminal, health care, and social service responses to sexual assault and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to sexual assault. (i) Authorization of Appropriations
There are authorized to be appropriated $2,000,000 to conduct the research study commencing in fiscal year 2005 and ending fiscal year 2006. 1507. |
108hr5391ih | Research on child maltreatment, abuse, and homicide in the Armed Forces
(a) Study required
The Secretary of Health and Human Services, acting through the Administration for Families and Children of the Department of Health and Human Services, shall carry out a comprehensive, 24-month research study that involves the collection and analysis of data on the prevalence and nature of child maltreatment, abuse, and homicide in the Armed Forces. |
108hr5391ih | The research study shall include the identification of the common characteristics of— (1) both victims and perpetrators of child maltreatment, abuse, or homicide associated with the Armed Forces; and (2) the situations and environments in which child maltreatment, abuse, or homicide occurs. (b) Considerations
In carrying out subsection (a), the Secretary shall consider— (1) a definition of child maltreatment, abuse and homicide which encompasses the definition provided in section 3(1) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. |
108hr5391ih | 5102 ); (2) how the Secretary should collect information about child maltreatment, abuse, and homicide; (3) how the Secretary should collect information beyond self-reports of child maltreatment, abuse, and homicide; (4) a review of the data collected by the States; (5) how the Secretary should adjust the data in order to account for differences between service branches, installations, deployed, training and nondeployed units and individual respondents; and (6) the categorization of branches, installations, and units. |
108hr5391ih | (c) Solicitation of views
In carrying out subsection (a), the Secretary shall solicit views from representatives of the following: (1) The Department of Defense. (2) The National Institute of Justice. (3) The Centers for Disease Control and Prevention. (4) The Army, the Navy, the Air Force, the Marine Corps, and the Coast Guard. (5) Retired military personnel. (6) Victim advocates. (7) Child maltreatment and prevention specialists. (8) Researchers. (9) Other experts in the area of child abuse and homicide. |
108hr5391ih | (d) Sampling techniques
The research study under subsection (a) shall be conducted with random samples, or other scientifically appropriate samples. The selection shall include data collected across several broad subgroup categories, such as age, race, status, and rank in the Armed Forces. (e) Surveys
In carrying out the research study under subsection (a), the Secretary shall, in addition to such other methods as the Secretary considers appropriate, use surveys of the general population. |
108hr5391ih | In addition to the samples of civilians associated with military personnel, surveys shall be conducted with a probability-based comparison sample of men and women who are demographically similar to the survey population. The data collected from the military and nonmilitary samples shall be weighted to adjust for possible differences between the samples and the frames from which they were sampled, and to compensate for any observed differential nonresponse among sample members. (f) Protection of human subjects
The Secretary shall ensure the confidentiality of each survey participant. The Secretary shall adopt protocols for the protection of human subjects. |
108hr5391ih | (g) Participation in survey
All military installations that receive a request from the Secretary shall participate in the survey and provide access to any military personnel or civilians serving on the installation. (h) Data analysis and reporting
Once data have been collected and weighted, appropriate analyses shall be conducted in an effort to generate findings that will help policy makers understand the extent and nature of child maltreatment, abuse and homicide within the Armed Forces, prevention strategies, and needs of the victims of child maltreatment, abuse, and homicide. |
108hr5391ih | The report shall include the following: (1) The incidence and prevalence of child maltreatment, abuse, and homicide involving members of the Armed Forces. (2) A discussion of the legal, judicial, nonjudicial, and rehabilitative responses to child maltreatment, abuse, and homicide and how they vary across the services. (3) The extent to which such responses are effective at ensuring victim safety, requiring offender accountability, and imposing sanctions on the offender. |
108hr5391ih | (4) A review of the availability, accessibility, and effectiveness at increasing victim safety within the existing prevention and intervention programs available to victims of child maltreatment, abuse, and homicide within the Armed Forces. (5) Recommendations for a comprehensive strategy to prevent and intervene in cases of child maltreatment, abuse, and homicide, to include recommendations on improvements in administrative, criminal, health care, and social service responses to child maltreatment, abuse, and homicide and recommendations for the improvement of data collection, reporting, professional training, and judicial outcomes to child maltreatment, abuse, and homicide. |
108hr5391ih | (i) Authorization of Appropriations
There is authorized to be appropriated $2,000,000 to conduct the research study under this section beginning in fiscal year 2005 and ending in fiscal year 2007. 1601. Purposes
It is the purpose of this title to— (1) recognize that military leadership, servicemembers, family members and partners possess an important opportunity to demonstrate the core values of the military institutions, including honor, duty, courage, self-respect and respect for others, tolerance, nondiscrimination, gender equality, and non-violence; |
108hr5391ih | (2) convene an Armed Forces summit of leadership, command, servicemembers, service providers, advocates, survivors, political community, criminal justice professionals, counselors, and educators to develop a strategic plan to deter acts of domestic violence, sexual assault and stalking committed by or against servicemembers, family members and partners in the Armed Forces; (3) find ways that the military community can contribute to a campaign to prevent domestic violence, sexual assault, and stalking; and (4) create a military-civilian partnership to accomplish the goals of this title. 1602. |
108hr5391ih | Establishment
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate of the Department of Defense, shall convene a summit dealing with issues of domestic violence, sexual assault, and stalking associated with the Armed Forces. 1603. Eligible participants
The Secretary shall provide for participants in the summit under this title to include the following: (1) Representatives from a broad cross-section of military authorities, including leadership, commands, services, departments, and programs. |
108hr5391ih | (2) Representatives of Federal, State, national, and local governments, including the Department of Justice, the Violence Against Women Office, the National Institute of Justice, the Department of Health and Human Services, the Administration on Children, Youth and Families, and Indian tribes or tribal organizations. (3) Members of Congress. (4) Representatives of national, State, and local law enforcement organizations. (5) Criminal justice professionals, including prosecutors, investigators, attorneys, and advocates. (6) Representatives of national and State coalitions dedicated to policy and social change to address domestic violence, sexual assault, and stalking. |
108hr5391ih | (7) Representatives of nonprofit, private or nongovernmental service providers. (8) Public and private organizations working in the field of domestic violence, sexual assault, and stalking. (9) Individuals with demonstrated expertise and experience in addressing the intersection between domestic violence, sexual assault, and stalking. (10) Individuals with demonstrated expertise and experience in addressing the issues confronting the Armed Forces relative to domestic violence, sexual assault, and stalking. |
108hr5391ih | (11) Survivors of domestic violence, sexual assault, or stalking, including members of the Armed Forces on active duty, family members of such members, veterans, and family members of veterans. (12) Representatives of academic, research, and education facilities with demonstrated expertise and experience in domestic violence, sexual assault, and stalking. (13) Representatives of the Department of Veterans Affairs including counselors, social workers, psychologists and therapists assigned to the Sexual Trauma Counseling Centers or Women’s Wellness Programs. (14) Advocates, counselors, and therapists engaged in providing services to victims associated with the Armed Forces. |
108hr5391ih | 1604. |
108hr5391ih | Summit activities
The summit activities shall include a discussion of, and compiling of recommendations and strategy for, a strategic plan that seeks to— (1) involve more leadership, command, and servicemembers in prevention and other activities designed to end domestic violence, sexual assault, and stalking; (2) encourage the military departments to implement adequate policies for intervening in incidents of domestic violence, sexual assault, and stalking; (3) encourage the military departments to develop policies, directives, and statutes to hold perpetrators accountable; and (4) encourage the military departments to enhance the care and support of victims, including confidentiality of communications and privacy. |
108hr5391ih | 1605. Authorization of appropriations
For the purposes of carrying out this title, there are authorized to be appropriated $200,000. The Secretary of Defense is encouraged to seek financial support from the Department of Justice and the Department of Health and Human Services to assist in carrying out the goals of this title. 1701. |
108hr5391ih | Establishment
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Office of the Victims’ Advocate of the Department of Defense, shall convene a national conference to present the results and recommendations of the following: (1) The Department of Defense Task Force on the Care of Sexual Assault Victims. (2) The Department of Defense Task Force on Domestic Violence. (3) The Department of Defense Task Force of Sexual Harassment and Misconduct at the Military Academies. 1702. |
108hr5391ih | Conference participants
The Secretary shall provide for participants in the conference under this title to include the following: (1) Representatives from a broad cross-section of military authorities including leadership, commands, services, departments and programs. (2) Representatives of Federal, State, national and local governments including the Department of Justice, the Violence Against Women Office, the National Institute of Justice, the Department of Health and Human Services, the Administration on Children, Youth and Families, and Indian tribes or tribal organizations. (3) Representatives of national, State, and local law enforcement. |
108hr5391ih | (4) Criminal justice professionals, including prosecutors, investigators, attorneys, and advocates. (5) Representatives of national and State coalitions dedicated to policy and social change to address domestic violence, sexual assault, and stalking. (6) Representatives of nonprofit, private, or nongovernmental service providers. (7) Public and private organizations working in the field of domestic violence, sexual assault, and stalking. (8) Individuals with demonstrated expertise and experience in addressing the intersection between domestic violence, sexual assault, and stalking. |
108hr5391ih | (9) Individuals with demonstrated expertise and experience in addressing the issues confronting the Armed Forces relative to domestic violence, sexual assault, and stalking. (10) Survivors of domestic violence, sexual assault, and stalking, including members of the Armed Forces on active duty, family members of such members, veterans, and family members of veterans. (11) Representatives of academic, research, and education facilities with demonstrated expertise and experience in domestic violence, sexual assault, and stalking. |
108hr5391ih | (12) Representatives of the Department of Veterans Affairs, including counselors, social workers, psychologists, and therapists assigned to the Sexual Trauma Counseling Centers or Women’s Wellness Programs. (13) Advocates, counselors, and therapists engaged in providing services to victims associated with the Armed Forces. 1703. |
108hr5391ih | Conference activities
The conference shall— (1) provide leadership, command, family advocacy, military criminal investigators, law enforcement, and security forces with the tools they need to begin implementing programs that directly address domestic violence, sexual assault, and stalking; (2) implement statutory and regulatory directives; and (3) foster a zero tolerance policy within the military departments. 1704. Authorization of appropriations
For the purposes of carrying out this title, there is authorized to be appropriated $700,000 to the Department of Defense. |
108hr5391ih | The Secretary of Defense is encouraged to seek financial support from the Department of Justice and the Department of Health and Human Services to assist in carrying out the goals of this title. |
108hr4254ih | 1. Short title
This Act may be cited as the Meskwaki Code Talkers Recognition Act. 2. Findings
Congress finds the following: (1) During World War II, 8 members of the Meskwaki tribe of Tama County, Iowa, used their native language as code to transmit vital information to the United States Armed Forces regarding enemy actions, locations, troops, and ammunition. |
108hr4254ih | (2) These Meskwaki tribe members, known as the Meskwaki Code Talkers, worked under challenging conditions in North Africa, taking extreme risks to provide critical information to the United States Armed Forces. (3) Frank Sanache, the only surviving Meskwaki Code Talker, endured severe hardships both while he was stationed in North Africa and while he was held prisoner in a Polish internment camp after being captured by the Germans. |
108hr4254ih | (4) The enemy was never able to translate the native Meskwaki language, and the Meskwaki Code Talkers, among other Code Talkers, are credited with saving the lives of countless members of the United States Armed Forces and contributing significantly to the victory of the United States and its allies. 3. |
108hr4254ih | Congressional gold medal
(a) Presentation authorized
The Speaker of the House of Representatives and the President Pro Tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of gold medals of appropriate design to each of the 8 Meskwaki Code Talkers, including— (1) Edward Benson; (2) Dewey Roberts; (3) Frank Sanache; (4) Willard Sanache; (5) Melvin Twin; (6) Judy Wayne Wabaunasee; (7) Mike Wayne Wabaunasee; and (8) Dewey Youngbear. |
108hr4254ih | (b) Additional medals
The Speaker of the House of Representatives and the President Pro Tempore of the Senate may make appropriate arrangements for the presentation of additional medals to other individuals not designated in subsection (a) who also served as Meskwaki Code Talkers during World War II. (c) Medals awarded posthumously
The medals authorized by this Act may be awarded posthumously to a surviving family member of the individuals designated in subsection (a) and referred to in subsection (b). |
108hr4254ih | (d) Design and striking
For the purpose of the presentation referred to in this section, the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. 4. Duplicate medals
The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 under such regulations as the Secretary may prescribe, and at a price sufficient to cover the costs of the duplicate medals and the gold medal (including labor, materials, dies, use of machinery, and overhead expenses). 5. |
108hr4254ih | National medals
The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. 6. Funding
(a) Authority to use fund amounts
There is authorized to be charged against the United States Mint Public Enterprise Fund an amount not to exceed $30,000 to pay for the costs of the medals authorized by this Act. (b) Proceeds of sale
Amounts received from the sale of duplicate bronze medals under section 4 shall be deposited in the United States Mint Public Enterprise Fund. |
108hr4164ih | 1. Indexing for inflation of exemption amount for individuals under the alternative minimum tax
(a) In general
Subsection (d) of section 55 of the Internal Revenue Code of 1986 (relating to exemption amount) is amended by inserting after paragraph (3) the following new paragraph: (4) Inflation adjustment
(A) In general
In the case of any taxable year beginning in a calendar year after 2004, the dollar amounts contained in subparagraphs (A) and (B) of paragraph (1) shall be increased by an amount equal to— (i) such dollar amount, |
108hr4164ih | multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting 2003 for 1992 in subparagraph (B) thereof. |
108hr4164ih | (B) Rounding
Any increase determined under subparagraph (A) which is not a multiple of $50 shall be rounded to the next lowest multiple of $50.. (b) Conforming amendments
(1) Section 55(d)(1)(A) of such Code is amended by striking $45,000 ($58,000 in the case of taxable years beginning in 2003 and 2004) and inserting $58,000. |
108hr4164ih | (2) Section 55(d)(1)(A) of such Code is amended by striking $33,750 ($40,250 in the case of taxable years beginning in 2003 and 2004) and inserting $40,250. (3) Subsection (a) of section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to the amendments made by title VII of such Act (relating to alternative minimum tax). (c) Effective date
The amendments made by this section shall apply to taxable years beginning after December 31, 2004. |
108hr4164ih | 2. Repeal of Alternative Minimum Tax in 2010
(a) In general
Subsection (a) of section 55 of the Internal Revenue Code of 1986 is amended by adding at the end the following new flush sentence: Notwithstanding subsection (b), in the case of a taxpayer other than a corporation, the tentative minimum tax for any taxable year beginning after December 31, 2009, shall be zero.. (b) Effective date
The amendment made by this section shall apply to taxable years beginning after December 31, 2009. |
108hr4198ih | 1. Suspension of duty on Bis (2,2,6,6,-tetramethyl-4-piperidyl) sebaceate
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.21 Bis (2,2,6,6,-tetramethyl-4-piperidyl) sebaceate (CAS No. |
108hr4198ih | 52829-07-9) (provided for in subheading 2933.39.20) Free No Change No Change On or Before 12/31/2007. (b) Effective date
The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. |
108hr5140ih | 1. Short title
This Act may be cited as the Ammonium Nitrate Security Act. 2. |
108hr5140ih | Importation, manufacture, distribution, and storage of detonable nitrate fertilizers
Chapter 40 of title 18 of the United States Code is amended— (1) in the first sentence of section 841(d) by striking and igniters and inserting igniters, and detonable nitrate fertilizers ; (2) in section 841 by adding at the end the following new subsection: (t) Detonable nitrate fertilizers means detonable mixtures of ammonium nitrate fertilizers, sodium nitrate fertilizers, and potassium nitrate fertilizers. |
108hr5140ih | ; (3) in section 842(j) by adding at the end the following: The Attorney General shall promulgate regulations specifically related to the storage of detonable nitrate fertilizers. ; (4) in the second sentence of section 843(a) by striking the period and inserting , except that if the only explosive materials for which the applicant is seeking a license or permit are detonable nitrate fertilizers, the applicant shall not be required to pay such fee. |
108hr5140ih | ; (5) in section 843(b)(6) by striking the semicolon and inserting , unless the only explosive materials that the employee is authorized to possess are detonable nitrate fertilizers; ; (6) in the first sentence of section 843(h)(1) by striking the period and inserting , unless the only explosive materials that the responsible person or employee will be authorized by the employer to possess are detonable nitrate fertilizers. ; and (7) in section 844(j) by inserting detonable nitrate fertilizers, after title,. |
108hr5045ih | 1. Short title
This Act may be cited as the Restoration of State Sovereignty Act of 2004. 2. States to retain rights and authorities they do not expressly waive
(a) Retention of rights and authorities
No officer, employee, or other authority of the Federal Government shall enforce against an authority of a State, nor shall any authority of a State have any obligation to obey, any requirement imposed as a condition of receiving Federal financial assistance under a grant program established under Federal law, nor shall such program operate within a State, unless the legislature of that State shall have by law expressly approved that program and, |
108hr5045ih | in doing so, have waived the State’s rights and authorities to act inconsistently with any requirement that might be imposed by the Federal Government as a condition of receiving that assistance. (b) Definition of state authority
As used in this section, the term authority of a State includes any officer or employee of the State and any local government authority of the State. (c) Effective date
This section applies in each State beginning at the end of the first regular session of the legislature of that State that begins after the date of the enactment of this Act and shall continue to apply in subsequent years until otherwise provided by law. |
108hr5386ih | 1. Short title
This Act may be cited as the Fair Access and Individual Responsibilities Act of 2004. 2. Industrial operations in Federal Prisons
(a) Board of directors
Section 4121 of title 18, United States Code, is amended by striking all after the section heading and inserting the following: (a) Establishment
Federal Prison Industries is a government corporation of the District of Columbia. |
108hr5386ih | (b) Board
(1) In general
Federal Prison Industries is administered by a board of directors, composed of 12 directors appointed by the Attorney General, of which 4 shall be appointed as follows: (A) 1 director upon the recommendation of the Speaker of the House of Representatives. (B) 1 director upon the recommendation of the minority leader of the House of Representatives. (C) 1 director upon the recommendation of the majority leader of the Senate. (D) 1 director upon the recommendation of the minority leader of the Senate. |
108hr5386ih | (2) Term
A director shall be appointed to a term of 4 years and may be reappointed. (3) Compensation
A director shall serve without compensation. (c) Duty
The duty of the board shall be to carry on and facilitate such industrial operations in Federal correctional institutions as the Attorney General determines. (d) Chief executive officer
The Director of the Bureau of Prisons shall serve as chief executive officer of the corporation. |
108hr5386ih | (e) Independent review panel
(1) In general
The Attorney General shall appoint an independent review panel to advise the board of directors regarding the type and quantity of products to be produced by Federal Prison Industries and conditions of hire and work consistent with this chapter. (2) Members
The panel shall be comprised of— (A) 1 member representing the Department of Commerce; (B) 1 member representing the Department of Labor; (C) 1 member representing the Department of the Treasury; (D) 1 member representing the International Trade Commission; (E) 1 member representing the Small Business Association; |
108hr5386ih | (F) 1 member representing the Economic Development Administration; (G) 1 member representing the business community; (H) 1 member representing organized labor; (I) 1 member representing taxpayers; (J) 1 member representing crime victims; (K) 1 member representing the Department of Health and Human Services Office of Child Support Enforcement; (L) 1 member representing minorities overrepresented in prison populations; (M) not less than 2 members representing, and appointed from among, inmates working in Federal Prison Industries; and (N) such other members as the Attorney General considers appropriate. |
108hr5386ih | (3) Compensation
Members of the panel shall serve without compensation. (4) Inapplicability of faca
The Federal Advisory Committee Act shall not apply with respect to the panel.. (b) Administration
Section 4122 of title 18, United States Code, is amended by striking all after the section heading and inserting the following: (a) In general
The Attorney General shall determine in what manner and to what extent industrial operations shall be carried on in Federal correctional institutions. |
108hr5386ih | (b) Objectives
The Attorney General shall conduct such operations so as to maximize— (1) the productivity, legal income, and financial responsibility of every Federal corrections inmate; (2) the unsubsidized competitive opportunities of industrial operations in Federal correctional institutions; and (3) the profit opportunities of private and non-profit firms employing inmates in Federal correctional institutions, within the rules of the normal competitive economy and subject to the requirements of safe and secure correctional facilities. |
108hr5386ih | (c) Responsibilities
Within requirements of safety and security, the Attorney General shall be responsible for protecting and facilitating the participation rights of each Federal corrections inmate as well as for facilitating the ability of each inmate to meet that inmate’s financial responsibilities through successful competitive participation in the economy of the United States. (d) Availability of opportunities
The Attorney General shall endeavor to make available to inmates who have been committed to the custody of the Bureau of Prisons opportunities, free from discrimination, to work or be employed in a Federal Prison Industries shop. |
108hr5386ih | (e) Standards
The Attorney General may set standards regarding education and conduct for those inmates who work in a Federal Prison Industries shop. (f) Voluntary movement
Except where safety and security of individual inmates requires exception, the voluntary movement of inmates among classes of institutional maintenance, work, or employment shall not be inhibited.. 3. Industry classes
(a) Purchase of prison-made products by Federal departments
Section 4124 of title 18, United States Code, is amended by striking products of the industries authorized by this chapter and inserting products of Class A industries authorized by this chapter. |
108hr5386ih | (b) Classes A , b, c, and d
(1) Chapter 307 of title 18, United States Code, is amended by adding after section 4124 the following new sections: 4124A. Class A industries
(a) Definition
In this chapter, a Class A industry is an industry established under this chapter as of December 31, 2002. (b) Limitations on number of workers
The number of inmates working in Class A industries may not exceed— (1) the number of inmates working in Class A industries as of December 31, 2002, |
108hr5386ih | during the period beginning on the date of the enactment of this section and ending on December 31, 2015; (2) 75 percent of the number referred to in paragraph (1), during the period beginning on January 1, 2016, and ending on December 31, 2020; and (3) 50 percent of the number referred to in paragraph (1), after December 31, 2020. (c) Limitations on percentage of workers
Of the total population of inmates, |
108hr5386ih | the percentage who work in Class A industries may not exceed— (1) the percentage who worked in Class A industries as of December 31, 2002, during the period beginning on the date of the enactment of this section and ending on December 31, 2015; (2) 75 percent of the percentage referred to in paragraph (1), during the period beginning on January 1, 2016, and ending on December 31, 2020; and (3) 50 percent of the percentage referred to in paragraph (1), after December 31, 2020. |
108hr5386ih | (d) Limitation on industries
The types of industries in Class A industries may not expand beyond the industries in existence as of December 31, 2002. 4124B. Class B industries
(a) Definition
In this chapter, a Class B industry is an industry established on or after January 1, 2005, that meets the requirements of subsection (b). |
108hr5386ih | (b) Requirements
An industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) It is carried out by a competitive entity unrelated to a Class A industry that produces goods or services for sale in government or open markets, including in interstate and international commerce. (2) The entity is an independent taxpaying unit subject to all opportunities and obligations affecting a similarly located private firm. |
108hr5386ih | (3) All civilian and inmate workers of the entity are identically covered under wage and benefit plans and all Federal and applicable State and local laws covering civilian employees, including but not limited to all provisions of the Fair Labor Standards Act, the National Labor Relations Act, the Americans With Disabilities Act, and health and safety standards affecting private firms. (4) The entity is subject to all license, permit, and tax obligations of a similarly located private firm. |
108hr5386ih | (5) Any land, buildings, capital equipment, utilities, services, or staff assistance (except security) owned or provided to the entity by Federal Prison Industries are obtained in an arms-length, open, competitive bidding process maximizing returns to taxpayers. (6) The entity does not receive from Federal Prison Industries any implicit or explicit subsidy not equivalently offered to other firms. (7) The entity, before engaging in a business, offers for competitive bid all resources, including opportunities to recruit inmate employees, to firms in the locale engaged in the proposed line of business. |
108hr5386ih | (8) Mandatory preference does not apply to the entity. 4124C. Class C industries
(a) Definition
In this chapter, a Class C industry is an industry established on or after January 1, 2005, that meets the requirements of subsection (b). (b) Requirements
An industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) It is carried out by a private entity located in a Federal correctional institution that produces goods or services for sale in government or open markets, including in interstate and international commerce. |
108hr5386ih | (2) The entity employs convicts or prisoners who meet the requirements of each paragraph of section 1761(c) of this title. (3) The entity meets the same requirements that an entity must meet for participation in the State Prison Industry Enhancement Certification program of the Department of Justice. (4) The entity meets any other requirements that the Federal Bureau of Prisons may prescribe under subsection (c). (c) BOP requirements
(1) In general
The Federal Bureau of Prisons shall prescribe the other requirements referred to in subsection (b)(4). |
108hr5386ih | The first such requirements shall be published not later than 180 days after the date of the enactment of this section. (2) Limitations
The requirements shall be designed to maximize opportunities for private and nonprofit firms to compete for efficient operations in Federal correctional facilities while maintaining necessary security. |
108hr5386ih | The requirements shall ensure that a Class C industry may be established, invested in, or participated in, by inmates, so long as— (A) normal conditions of law are met; (B) the business or investment poses no significant threat to the safety or security of the institution; and (C) inmate entrepreneurs and managers exercise no notable control or influence over employed inmates outside the workplace. 4124D. |
108hr5386ih | Class D industries
(a) Definition
In this chapter, a Class D industry is a pilot industry that is created for purposes of testing reform of inmate employment and prison industries and that meets the requirements of subsection (b). (b) Requirements
An industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) Inmate participation is voluntary. (2) The entity carrying out the industry meets all health and safety regulations. (3) The Attorney General determines that the industry is safe, fair, and devised to increase inmate economic well-being. |
108hr5386ih | (4) It is a legitimate test industry meant to be preliminary to wider application or for purposes of determining whether there should be a proposed change in law. (5) The entity carrying out the industry has adequate public oversight and independent evaluation. (c) BOP requirements
The Federal Bureau of Prisons may establish up to 20 separate Class D industries, employing no more than a cumulative total of 2000 inmates over the life of the Class D industry program. |
108hr5386ih | (d) Relationship to class A , b, and c industries
Class D industries do not have to comply with the requirements of class A, B, and C industries, as set forth in sections 4124A, 4124B, and 4124C. (e) Termination
The Class D industries program shall terminate on December 31, 2020. 4124E. |
108hr5386ih | Other industries prohibited
An industry may not be established under this chapter unless it is a Class A industry under section 4124A, a Class B industry under section 4124B, a Class C industry under section 4124C, or a Class D industry under section 4124D.. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new items: 4124A. Class A industries 4124B. Class B industries 4124C. Class C industries 4124D. Class D industries 4124E. |
108hr5386ih | Other industries prohibited. 4124A. Class A industries
(a) Definition
In this chapter, a Class A industry is an industry established under this chapter as of December 31, 2002. (b) Limitations on number of workers
The number of inmates working in Class A industries may not exceed— (1) the number of inmates working in Class A industries as of December 31, 2002, during the period beginning on the date of the enactment of this section and ending on December 31, 2015; (2) 75 percent of the number referred to in paragraph (1), |
108hr5386ih | during the period beginning on January 1, 2016, and ending on December 31, 2020; and (3) 50 percent of the number referred to in paragraph (1), after December 31, 2020. (c) Limitations on percentage of workers
Of the total population of inmates, the percentage who work in Class A industries may not exceed— (1) the percentage who worked in Class A industries as of December 31, 2002, during the period beginning on the date of the enactment of this section and ending on December 31, 2015; |
108hr5386ih | (2) 75 percent of the percentage referred to in paragraph (1), during the period beginning on January 1, 2016, and ending on December 31, 2020; and (3) 50 percent of the percentage referred to in paragraph (1), after December 31, 2020. (d) Limitation on industries
The types of industries in Class A industries may not expand beyond the industries in existence as of December 31, 2002. 4124B. |
108hr5386ih | Class B industries
(a) Definition
In this chapter, a Class B industry is an industry established on or after January 1, 2005, that meets the requirements of subsection (b). (b) Requirements
An industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) It is carried out by a competitive entity unrelated to a Class A industry that produces goods or services for sale in government or open markets, including in interstate and international commerce. |
108hr5386ih | (2) The entity is an independent taxpaying unit subject to all opportunities and obligations affecting a similarly located private firm. (3) All civilian and inmate workers of the entity are identically covered under wage and benefit plans and all Federal and applicable State and local laws covering civilian employees, including but not limited to all provisions of the Fair Labor Standards Act, the National Labor Relations Act, the Americans With Disabilities Act, and health and safety standards affecting private firms. (4) The entity is subject to all license, permit, and tax obligations of a similarly located private firm. |
108hr5386ih | (5) Any land, buildings, capital equipment, utilities, services, or staff assistance (except security) owned or provided to the entity by Federal Prison Industries are obtained in an arms-length, open, competitive bidding process maximizing returns to taxpayers. (6) The entity does not receive from Federal Prison Industries any implicit or explicit subsidy not equivalently offered to other firms. (7) The entity, before engaging in a business, offers for competitive bid all resources, including opportunities to recruit inmate employees, to firms in the locale engaged in the proposed line of business. |
108hr5386ih | (8) Mandatory preference does not apply to the entity. 4124C. Class C industries
(a) Definition
In this chapter, a Class C industry is an industry established on or after January 1, 2005, that meets the requirements of subsection (b). (b) Requirements
An industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) It is carried out by a private entity located in a Federal correctional institution that produces goods or services for sale in government or open markets, including in interstate and international commerce. |
108hr5386ih | (2) The entity employs convicts or prisoners who meet the requirements of each paragraph of section 1761(c) of this title. (3) The entity meets the same requirements that an entity must meet for participation in the State Prison Industry Enhancement Certification program of the Department of Justice. (4) The entity meets any other requirements that the Federal Bureau of Prisons may prescribe under subsection (c). (c) BOP requirements
(1) In general
The Federal Bureau of Prisons shall prescribe the other requirements referred to in subsection (b)(4). |
108hr5386ih | The first such requirements shall be published not later than 180 days after the date of the enactment of this section. (2) Limitations
The requirements shall be designed to maximize opportunities for private and nonprofit firms to compete for efficient operations in Federal correctional facilities while maintaining necessary security. |
108hr5386ih | The requirements shall ensure that a Class C industry may be established, invested in, or participated in, by inmates, so long as— (A) normal conditions of law are met; (B) the business or investment poses no significant threat to the safety or security of the institution; and (C) inmate entrepreneurs and managers exercise no notable control or influence over employed inmates outside the workplace. 4124D. |
108hr5386ih | Class D industries
(a) Definition
In this chapter, a Class D industry is a pilot industry that is created for purposes of testing reform of inmate employment and prison industries and that meets the requirements of subsection (b). (b) Requirements
An industry meets the requirements of this subsection if, and only if, it meets the following requirements: (1) Inmate participation is voluntary. (2) The entity carrying out the industry meets all health and safety regulations. (3) The Attorney General determines that the industry is safe, fair, and devised to increase inmate economic well-being. |
108hr5386ih | (4) It is a legitimate test industry meant to be preliminary to wider application or for purposes of determining whether there should be a proposed change in law. (5) The entity carrying out the industry has adequate public oversight and independent evaluation. (c) BOP requirements
The Federal Bureau of Prisons may establish up to 20 separate Class D industries, employing no more than a cumulative total of 2000 inmates over the life of the Class D industry program. |
108hr5386ih | (d) Relationship to class A , b, and c industries
Class D industries do not have to comply with the requirements of class A, B, and C industries, as set forth in sections 4124A, 4124B, and 4124C. (e) Termination
The Class D industries program shall terminate on December 31, 2020. 4124E. |
108hr5386ih | Other industries prohibited
An industry may not be established under this chapter unless it is a Class A industry under section 4124A, a Class B industry under section 4124B, a Class C industry under section 4124C, or a Class D industry under section 4124D. 4. Repeal of mandatory source provisions
Section 4124 of title 18, United States Code, is amended by adding at the end the following new subsection: (e) (1) Except as provided in paragraph (2), this section shall not apply after December 31, 2010. |
108hr5386ih | (2) This section shall apply with respect to Federal Prison Industries at a specific correctional facility for a period not exceeding 2 years after December 31, 2010, if the Attorney General— (A) certifies that national security or security of the facility would be endangered if the section ceased to apply with respect to the facility; and (B) publishes a plan for the elimination, by the end of the period for which the applicability is extended under this paragraph, of the conditions causing the endangerment of national security or security of the facility.. 5. |
108hr5386ih | Inmate wage rates
(a) In general
Chapter 307 of title 18, United States Code, is amended by adding after section 4124E (as added by section 3) the following new section: 4124F. Wage rates
(a) In general
Within the requirements of safe and secure confinement, the Attorney General shall modify correctional practices to improve the attractiveness and business efficiency of Federal correctional facilities to ensure maximum employment of inmates at prevailing wages. (b) Prevailing wage
A Federal inmate employed in a Class B industry or a Class C industry, |
108hr5386ih | and a State or local inmate employed in connection with the Prison Industry Enhancement Certification program of the Department of Justice, shall be paid at a wage not less than the prevailing wage in the locality, except— (1) to the degree the productivity of individual inmates or subgroups of inmates can be reasonably demonstrated to lag that of civilian workers in the locality, and then only for the period during which their productivity lags, as demonstrated on an annual basis and certified by the Department of Employment Services in the host State; |
108hr5386ih | or (2) to the degree unavoidable inefficiencies or risks of operating in a correctional setting deter a facility’s hiring inmates at prevailing wages, as evidenced by its inability to attract enough firms to employ 50 inmates at prevailing wages, provided that— (A) the reduction in any inmate’s wage is no more than 50 percent of the difference between the Federal minimum wage and the determined prevailing wage; (B) the full value of the reduction, to the limit of the prescribed deduction, is credited to the inmate in lieu of deductions for board and room; (C) the inefficiencies, efforts to mitigate them, |
108hr5386ih | and justifications for their persistence are documented and published; and (D) the inefficiency is certified annually by the Attorney General or a State attorney general; or (3) during the first 24 months of a new firm or new Class B industry’s operation in a correctional facility. (c) Reasonable measures
In all instances justifying sub-prevailing wages because of reduced productivity, the host correctional facility will have in place reasonable measures including, but not limited to, access to education and appropriate training, to increase the productivity of the affected inmates. |
108hr5386ih | (d) Notice
No facility may contract with or establish a firm employing inmates at less than prevailing wages unless it has first by public notice in the Federal Register and by other effective means offered opportunities to all firms to compete for employment of inmates at the facility.. (b) Clerical amendment
The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4124E (as added by section 3) the following new item: 4124F. Wage rates. 4124F. |
108hr5386ih | Wage rates
(a) In general
Within the requirements of safe and secure confinement, the Attorney General shall modify correctional practices to improve the attractiveness and business efficiency of Federal correctional facilities to ensure maximum employment of inmates at prevailing wages. (b) Prevailing wage
A Federal inmate employed in a Class B industry or a Class C industry, and a State or local inmate employed in connection with the Prison Industry Enhancement Certification program of the Department of Justice, shall be paid at a wage not less than the prevailing wage in the locality, |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.