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108hr5397ih
Office of Pension Participant Advocacy (a) In general Title III of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 3001 et seq. ) is amended by adding at the end the following: D Office of Pension Participant Advocacy 3051. Office of Pension Participant Advocacy (a) Establishment (1) In general Th...
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(2) Pension Participant Advocate The Office of Pension Participant Advocacy shall be under the supervision and direction of an official to be known as the Pension Participant Advocate who shall— (A) have demonstrated experience in the area of pension participant assistance, and (B) be selected by the Secretary after c...
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(b) Functions of office It shall be the function of the Office of Pension Participant Advocacy to— (1) assist participants and beneficiaries in understanding their rights to benefits under employee benefit plans, and, to the extent feasible, assist participants in obtaining such benefits, (2) evaluate the efforts of t...
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and such organizations which affect such participants, (B) identifying significant problems for pension plan participants and the capabilities of the Federal Government, business, and such organizations to address such problems, and (C) developing proposals for changes in such policies and activities to correct such pr...
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and (B) forming private-public partnerships and other efforts to assist pension plan participants in receiving their benefits, (4) advocate for the full attainment of the rights of pension plan participants, including by making pension plan sponsors and fiduciaries aware of their responsibilities, (5) give priority to ...
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(c) Reports (1) Annual report Not later than December 31 of each calendar year, the Pension Participant Advocate shall report to the Committees on Education and the Workforce and Ways and Means of the House of Representatives and the Committees on Health, Education, Labor, and Pensions and Finance of the Senate on it...
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The Advocate shall submit a copy of such report to the Secretary and any other appropriate official at the same time it is submitted to the committees of Congress. (2) Specific reports The Pension Participant Advocate shall report to the Secretary or any other appropriate official any time the Advocate identifies a pr...
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(d) Specific powers (1) Receipt of information Subject to such confidentiality requirements as may be appropriate, the Secretary and other Federal officials shall, upon request, provide such information (including plan documents) as may be necessary to enable the Pension Participant Advocate to carry out the Advocate...
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(3) Contracting authority In carrying out responsibilities under subsection (b)(5), the Pension Participant Advocate may, in addition to any other authority provided by law— (A) contract with any person to acquire statistical information with respect to pension plan participants, and (B) conduct direct surveys of pens...
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(c) Effective date and transition rules (1) Effective date The amendment made by this section shall take effect on January 1, 2005.
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(2) Abolishment of the Office of Participant Assistance and Communications and related transition rules Effective January 1, 2005, the Office of Participant Assistance and Communications in the Department of Labor is abolished, and the Secretary of Labor shall provide for the transfer, as appropriate, of the functions...
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Office of Pension Participant Advocacy (a) Establishment (1) In general There is established in the Department of Labor an office to be known as the Office of Pension Participant Advocacy. (2) Pension Participant Advocate The Office of Pension Participant Advocacy shall be under the supervision and direction of an ...
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The Pension Participant Advocate shall report directly to the Secretary and shall be entitled to compensation at the same rate as the highest rate of basic pay established for the Senior Executive Service under section 5382 of title 5, United States Code. (b) Functions of office It shall be the function of the Office ...
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and other appropriate organizations in assisting and protecting pension plan participants, including— (A) serving as a focal point for, and actively seeking out, the receipt of information with respect to the policies and activities of the Federal Government, business, and such organizations which affect such participa...
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(3) promote the expansion of pension plan coverage and the receipt of promised benefits by increasing the awareness of the general public of the value of pension plans and by protecting the rights of pension plan participants, including— (A) enlisting the cooperation of the public and private sectors in disseminating i...
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and (6) develop needed information with respect to pension plans, including information on the types of existing pension plans, levels of employer and employee contributions, vesting status, accumulated benefits, benefits received, and forms of benefits. (c) Reports (1) Annual report Not later than December 31 of eac...
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Such report shall— (A) identify significant problems the Advocate has identified, (B) include specific legislative and regulatory changes to address the problems, and (C) identify any actions taken to correct problems identified in any previous report. The Advocate shall submit a copy of such report to the Secretary an...
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(3) Reports to be submitted directly The report required under paragraph (1) shall be provided directly to the committees of Congress without any prior review or comment by the Secretary or any other Federal officer or employee. (d) Specific powers (1) Receipt of information Subject to such confidentiality requireme...
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(2) Appearances The Pension Participant Advocate may represent the views and interests of pension plan participants before any Federal agency, including, upon request of a participant, in any proceeding involving the participant. (3) Contracting authority In carrying out responsibilities under subsection (b)(5), the ...
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Exclusivity of powers and procedures applicable to rights or claims Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C.
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1132 ) is amended by adding at the end the following new subsection: (n) Notwithstanding any Federal statute of general applicability that would modify any of the powers and procedures expressly applicable to a right or claim arising under this title and that is not expressly incorporated by a provision of this title, ...
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Loans from retirement plans for health insurance and job training expenses (a) In General Section 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) (as amended by sections 105 and 201) is amended further by adding at the end the following new subsection: (i) Loans from retirement plans for...
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obtain a loan from the plan the proceeds of which are to be used within 6 months after the date of such loan— (A) for payments for insurance which constitutes medical care for the participant and the participant’s spouse and dependents, or (B) for job training expenses. (2) Qualified loan For purposes of this subsecti...
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and (ii) repayment in full not later the date which is 36 months after the date of the loan, and (C) which bears interest from the date of the loan at a rate not less than 2 percentage points below, and not more than 2 percentage points above, the rate for comparable United States Treasury obligations on such date. (3)...
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(4) Limitation on number of loans Not more than 3 loans to an individual under this subsection may be outstanding at any time.
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(5) Delinquencies treated as distribution Any amount required to be paid by a participant or beneficiary under paragraph (2)(B) during any plan year which is not paid at the time required to be paid, and any amount remaining unpaid as of the beginning of the plan year beginning after the period described in paragraph ...
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1108(b) ) is amended by adding at the end the following new paragraph: (14) Any loan made by the plan to a disqualified person who is a participant or beneficiary of the plan if such loan— (A) is for the payment of health insurance premiums or job training expenses, and (B) meets the requirements of section 206(i).. (c...
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Automatic rollover upon mandatory distribution in excess of $1,000 Section 206 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1056 ) (as amended by sections 105, 201, and 501) is amended further by adding at the end the following new subsection: (j) Direct transfers of mandatory distributions in ex...
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and (B) the distributee does not elect to have such distribution paid directly to an eligible retirement plan and does not elect to receive the distribution directly, the plan administrator shall make such transfer to an individual retirement plan of a designated trustee or issuer and shall notify the distributee in wr...
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(2) Distribution described A distribution from a plan is described in this paragraph if such distribution is an immediate distribution of the entire nonforfeitable accrued benefit of the participant and is in excess of $1,000.
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(3) Definitions For purposes of this subsection— (A) Eligible retirement plan The term eligible retirement plan has the meaning given such term by section 402(c)(8)(B) of the Internal Revenue Code of 1986, except that a qualified trust under section 401(a) of such Code shall be considered an eligible retirement plan ...
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(B) Individual retirement plan The term individual retirement plan has the meaning given such term by section 7701(a)(37) of the Internal Revenue Code of 1986.. 503. Prompt distribution from defined contribution plans upon termination of participant’s covered employment Section 206(a) of the Employee Retirement Incom...
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and by inserting (1) after (a) ; (2) in the first sentence, by striking pension plan and inserting defined benefit plan ; (3) in the second sentence, by striking In the case of a plan and inserting In the case of a defined benefit plan ; and (4) by adding at the end the following new paragraph: (2) (A) Except as provid...
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unless the participant otherwise elects— (i) the payment of benefits under the plan to the participant will begin not later than the 60th day after the close of the plan year in which occurs the date on which the participant attains the earlier of age 65 or the normal retirement age specified under the plan, and (ii) i...
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408(d)(3), or 457(e)(16) of the Internal Revenue Code of 1986, not later than the 60th day after the date of the participant’s termination of such service.
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(B) In any case in which immediate valuation of the participant’s accrued benefit is not practicable, the plan may provide for a period of more than 60 days in lieu of the 60-day period described in clauses (i) and (ii) of subparagraph (A), except that any such longer period provided by the plan may not extend beyond 6...
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General effective date (a) In General Except as otherwise provided in this Act, and subject to subsection (b), the amendments made by this Act shall apply with respect to plan years beginning on or after January 1, 2006. (b) Special rule for collectively bargained plans In the case of a plan maintained pursuant to 1...
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2002 the date of the commencement of the first plan year beginning on or after the earlier of— (1) the later of— (A) January 1, 2007, or (B) the date on which the last of such collective bargaining agreements terminates (determined without regard to any extension thereof after the date of the enactment of this Act), or...
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Plan amendments If any amendment made by this Act requires an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after January 1, 2006, if— (1) during the period after such amendment made by this Act takes effect and before such first plan year, the p...
108hr3928ih
1. Agreement for United States Nationals to Become Citizens Before Completion of Certain Military Precommissioning Programs (a) In General Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: 2015.
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United States nationals: agreement to become citizen before completion of precommissioning program (a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretary shal...
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1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term ...
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(b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program.
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(c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training ...
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(d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).. (b) Clerical Amendment The table of sections ...
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2015. United States nationals: agreement to become citizen before completion of precommissioning program (a) As a condition to the Secretary concerned admitting a person who is a national of the United States but not a citizen of the United States to a precommissioning program specified in subsection (c), the Secretar...
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1436 ) before completion of such precommissioning program; and (2) that if such person fails to apply for and complete naturalization in accordance with the agreement, such person shall be subject to the penalties under section 2005 of this title in the same manner as a person who voluntarily fails to fulfill any term ...
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(b) The requirements of sections 2104(b)(1), 2107(b)(1), and 2107a(b)(1) of this title shall not apply to a national of the United States who enters into an agreement described in subsection (a) with respect to participation in a Senior Reserve Officers’ Training Corps program.
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(c) The precommissioning programs referred to in subsection (a) are— (1) the programs of instruction and training offered by the United States Military Academy, the United States Naval Academy, the United States Air Force Academy, and the United States Coast Guard Academy; and (2) the Senior Reserve Officers’ Training ...
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(d) In this section: (1) The term advanced training has the meaning given that term in section 2101(3) of this title. (2) The term national of the United States has the meaning given that term in section 101(a)(22) of the Immigration and Nationality Act ( 8 U.S.C. 1436 ).
108hr4986ih
1. Short title This Act may be cited as the Currency Rate Adjustment and Trade Enforcement Act. 2.
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Analysis of and report on exchange rate policies of china (a) Analysis (1) In general The Secretary of the Treasury shall, upon the enactment of this Act and annually thereafter, analyze the exchange rate policies of the People’s Republic of China in order to determine whether that country maintains the rate of exch...
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(2) Global balance of trade In conducting the analysis under paragraph (1), the Secretary of the Treasury shall determine the global balance of trade of the People’s Republic of China and, in making that determination, compare the import and export data for China by country, as reported by the Chinese Government, with...
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(b) Computation of rate of undervaluation If the Secretary of the Treasury makes an affirmative determination under subsection (a)(1), the Secretary shall compute the rate of undervaluation against the dollar in the form of a percentage. (c) Reports to congress The Secretary of the Treasury shall submit to the Commit...
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The report shall be submitted— (1) with respect to the analysis conducted upon the enactment of this Act, not later than 60 days after the date of the enactment of this Act; and (2) with respect to each subsequent analysis, at the end of each 1-year period thereafter. (d) Relief In any case in which a report of the Se...
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the President shall seek authorization in the World Trade Organization through expedited dispute settlement— (1) to offset the subsidy inherent in the undervalued currency by the application of across-the-board equivalent tariffs, on the basis of the rate of undervaluation computed under subsection (b), on the importat...
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(e) Modifications To the extent consistent with the obligations of the United States under the World Trade Organization— (1) any measures imposed under subsection (d) shall be modified annually to the extent necessary to comply with the most recent report of the Secretary of the Treasury under subsection (c); and (2) ...
108hr3893ih
1. Short title This Act may be cited as We the People Act. 2. Findings The Congress finds the following: (1) Article III, section 1 of the Constitution of the United States vests the judicial power of the United States in one Supreme Court, and in such inferior Courts as Congress may from time to time ordain and esta...
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(3) Article III, section 2 of the Constitution of the United States gives Congress the power to make such exceptions, and under such regulations as Congress finds necessary to Supreme Court jurisdiction. (4) Congress has the authority to make exceptions to Supreme Court jurisdiction in the form of general rules and bas...
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(5) Congress has constitutional authority to set broad limits on the jurisdiction of both the Supreme Court and the lower Federal courts in order to correct abuses of judicial power and continuing violations of the Constitution of the United States by Federal courts. (6) Article IV, section 4 of the Constitution of the...
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(7) Supreme Court and lower Federal court decisions striking down local laws on subjects such as religious liberty, sexual orientation, family relations, education, and abortion have wrested from State and local governments issues reserved to the States and the People by the Tenth Amendment to the Constitution of the U...
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Ely, “The Wages of Crying Wolf: A Comment on Roe v. Wade” 82 Yale L.J. 920 (1973)). (10) Several members of the Supreme Court have admitted that the Court’s Establishment Clause jurisdiction is indefensible (e.g. Zelamn v. Simmons-Harris, 536 U.S. 639, 688 (2002) (Souter, J., dissenting); Rosenberger v. Rector and Visi...
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819, 861 (1995) (Thomas, J. concurring); Lamb’s Chapel v. Center Moriches Union Free Sch. Dist., 508 U.S. 384, 399, (1993) (Scalia, J. concurring); and Committee for Public Ed. And Religious Liberty v. Regan, 444 U.S. 646, 671 (1980) (Stevens, J., dissenting).
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(11) Congress has the responsibility to protect the republican governments of the States and has the power to limit the jurisdiction of the Supreme Court and the lower Federal courts over matters that are reserved to the States and to the People by the Tenth Amendment to the Constitution of the United States. 3. Limita...
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(B) any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction; or (C) any claim based upon equal protection of the laws to the extent such claim is based upon the right to marry without regard to sex or sexual orientation; and (2) shall no...
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Regulation of appellate jurisdiction The Supreme Court of the United States and all other Federal courts— (1) are not prevented from determining the constitutionality of any Federal statute or administrative rule or procedure in considering any case arising under the Constitution of the United States; and (2) shall no...
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Jurisdictional challenges Any party or intervener in any matter before any Federal court, including the Supreme Court, may challenge the jurisdiction of the court under section 3 or 4 during any proceeding or appeal relating to that matter. 6. Material breaches of good behavior and remedy A violation by a justice or ...
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Cases decided under issues removed from Federal jurisdiction no longer binding precedent Any decision of a Federal court, to the extent that the decision relates to an issue removed from Federal jurisdiction under section 3, is not binding precedent on any State court.
108hr4259ih
1. Short title This Act may be cited as Department of Homeland Security Financial Accountability Act. 2. Findings The Congress finds the following: (1) Influential financial management leadership is of vital importance to the mission success of the Department of Homeland Security. For this reason, the Chief Financial...
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(2) To provide a sound financial leadership structure, the provisions of law enacted by the Chief Financial Officers Act of 1990 ( Public Law 101–576 ) provide that the Chief Financial Officer of each of the Federal executive departments is to be a Presidential appointee who reports directly to the Secretary of that de...
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None of these systems was developed with a view to executing the mission of the Department of Homeland Security to prevent terrorist attacks within the United States, reduce the Nation’s vulnerability to terrorism, and minimize the damage and assist in the recovery from terrorist attacks. For these reasons, a strong Ch...
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(4) The provisions of law enacted by the Chief Financial Officers Act of 1990 require agency Chief Financial Officers to improve the financial information available to agency managers and the Congress. Those provisions also specify that agency financial management systems must provide for the systematic measurement of ...
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For this reason, Federal law should be amended to clearly state the responsibilities of the Chief Financial Officer of the Department of Homeland Security to provide management control information, for the benefit of managers within the Department and to help inform the Congress, that permits an assessment of the Depar...
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and (2) by inserting after subparagraph (F) the following: (G) The Department of Homeland Security. (b) Appointment or designation of CFO The President shall appoint or designate a Chief Financial Officer of the Department of Homeland Security under the amendment made by subsection (a) by not later than 180 days after...
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(c) Continued service of current official An individual serving as Chief Financial Officer of the Department of Homeland Security immediately before the enactment of this Act, or another person who is appointed to replace such an individual in an acting capacity after the enactment of this Act, may continue to serve i...
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(d) Conforming amendments (1) Homeland Security Act of 2002 The Homeland Security Act of 2002 ( Public Law 107–296 ) is amended— (A) in section 103 ( 6 U.S.C.
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113 )— (i) in subsection (d) by striking paragraph (4), and redesignating paragraph (5) as paragraph (4); (ii) by redesignating subsection (e) as subsection (f); and (iii) by inserting after subsection (d) the following: (e) Chief Financial Officer There shall be in the Department a Chief Financial Officer, as provide...
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342 ) by striking shall report and all that follows through the period and inserting shall perform functions as specified in chapter 9 of title 31, United States Code, and, with respect to all such functions and other responsibilities that may be assigned to the Chief Financial Officer from time to time, shall also rep...
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Functions of Chief Financial Officer of the Department of Homeland Security (a) Performance and accountability reports Section 3516 of title 31, United States Code, is amended by adding at the end the following: (f) The Secretary of Homeland Security— (1) shall for each fiscal year submit a performance and accountabi...
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and (3) shall design and implement Department-wide management controls that— (A) reflect the most recent homeland security strategy developed pursuant to section 874(b)(2) of the Homeland Security Act of 2002; and (B) permit assessment, by the Congress and by managers within the Department, of the Department’s performa...
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(c) Assertion of internal controls The Secretary of Homeland Security shall include in the performance and accountability report for fiscal year 2005 submitted by the Secretary under section 3516(f) of title 31, United States Code, an assertion of the internal controls that apply to financial reporting by the Departme...
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(d) Audit opinions of internal controls over financial reporting by Chief Financial Officer agencies (1) In General Not later than 180 days after the date of the enactment of this Act, the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency established by Executive Order 12805 of ...
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(2) Report Upon completion of the study under paragraph (1), the Chief Financial Officers Council and the President’s Council on Integrity and Efficiency shall promptly submit a report on the results of the study to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affai...
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(3) General accounting Office analysis Not later than 90 days after receiving the report under paragraph (2), the Comptroller General shall perform an analysis of the information provided in the report and report the findings of the analysis to the committees referred to in paragraph (2). 5. Future years homeland secu...
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112 ) is amended by striking subsection (b) and inserting the following: (b) Contents The Future Years Homeland Security Program under subsection (a) shall— (1) include the same type of information, organizational structure, and level of detail as the future years defense program submitted to Congress by the Secretary...
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and (3) include an explanation of how the resource allocations included in the Future Years Homeland Security Program correlate to the homeland security strategy set forth under paragraph (2). 6. Establishment of Office of Program Analysis and Evaluation Section 702 of the Homeland Security Act of 2002 ( 6 U.S.C.
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342 ) is amended by— (1) inserting (a) In General.— before the first sentence; and (2) adding at the end the following: (b) Program analysis and evaluation function (1) Establishment of Office of Program Analysis and Evaluation Not later than 90 days after the date of enactment of this subsection, the Secretary shall...
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(2) Responsibilities The Office shall perform the following functions: (A) Analyze and evaluate plans, programs, and budgets of the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland sec...
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(B) Develop and perform analyses and evaluations of alternative plans, programs, personnel levels, and budget submissions for the Department in relation to United States homeland security objectives, projected threats, vulnerability assessments, estimated costs, resource constraints, and the most recent homeland securi...
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(E) Provide guidance for, and oversee the development of, the Future Years Homeland Security Program of the Department, as specified under section 874. (F) Ensure that the costs of Department programs, including classified programs, are presented accurately and completely. (G) Oversee the preparation of the annual perf...
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(H) Provide leadership in developing and promoting improved analytical tools and methods for analyzing homeland security planning and the allocation of resources. (I) Any other responsibilities delegated by the Secretary consistent with an effective program analysis and evaluation function. (3) Director of Program Anal...
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(4) Reorganization (A) In General The Secretary may allocate or reallocate the functions of the Office, or discontinue the Office, in accordance with section 872(a). (B) Exemption from limitations Section 872(b) shall not apply to any action by the Secretary under this paragraph.. 7. Notification regarding transfer ...
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342 ) is further amended by adding at end the following: (c) Notification regarding transfer or reprogramming of funds In any case in which appropriations available to the Department or any officer of the Department are transferred or reprogrammed and notice of such transfer or reprogramming is submitted to the Congre...
108hr4661ih
1. Short title This Act may be cited as the Internet Spyware (I-SPY) Prevention Act of 2004. 2.
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Penalties for certain unauthorized activities relating to computers (a) In general Chapter 47 of title 18, is amended by inserting after section 1030 the following: 1030A Illicit indirect use of protected computers (a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized a...
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(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code— (1) intentionally obtains, or transmits to another, personal informat...
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(c) No person may bring a civil action under the law of any State if such action is premised in whole or in part upon the defendant’s violating this section. For the purposes of this subsection, the term State includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States. (d...
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(B) a home or other physical address, including street name; (C) an electronic mail address; (D) a telephone number; (E) a Social Security number, tax identification number, drivers licence number, passport number, or any other government-issued identification number; or (F) a credit card or bank account number or any ...
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is amended by inserting after the item relating to section 1030 the following new item: 1030A. Illicit indirect use of protected computers. 1030A Illicit indirect use of protected computers (a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected comput...
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(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code— (1) intentionally obtains, or transmits to another, personal informat...