[Congressional Record Volume 150, Number 130 (Monday, October 11, 2004)]
[Senate]
[Pages S11312-S11321]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4058. Mr. SESSIONS (for Mrs. Feinstein) proposed an amendment to 
the bill S. 1129, to provide for the protection of unaccompanied alien 
children, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Unaccompanied Alien Child Protection Act of 2004''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

     TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION

Sec. 101. Procedures when encountering unaccompanied alien children.
Sec. 102. Family reunification for unaccompanied alien children with 
              relatives in the United States.
Sec. 103. Appropriate conditions for detention of unaccompanied alien 
              children.
Sec. 104. Repatriated unaccompanied alien children.
Sec. 105. Establishing the age of an unaccompanied alien child.
Sec. 106. Effective date.

TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD LITEM 
                              AND COUNSEL

Sec. 201. Guardians ad litem.
Sec. 202. Counsel.
Sec. 203. Effective date; applicability.

  TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN 
                                CHILDREN

Sec. 301. Special immigrant juvenile visa.
Sec. 302. Training for officials and certain private parties who come 
              into contact with unaccompanied alien children.
Sec. 303. Report.
Sec. 304. Effective date.

             TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS

Sec. 401. Guidelines for children's asylum claims.
Sec. 402. Unaccompanied refugee children.
Sec. 403. Exceptions for unaccompanied alien children in asylum and 
              refugee-like circumstances.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.

       TITLE VI--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002

Sec. 601. Additional responsibilities and powers of the Office of 
              Refugee Resettlement with respect to unaccompanied alien 
              children.
Sec. 602. Technical corrections.
Sec. 603. Effective date.

     SEC. 2. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Competent.--The term ``competent'', in reference to 
     counsel, means an attorney who complies with the duties set 
     forth in this Act and--
       (A) is a member in good standing of the bar of the highest 
     court of any State, possession, territory, Commonwealth, or 
     the District of Columbia;
       (B) is not under any order of any court suspending, 
     enjoining, restraining, disbarring, or otherwise restricting 
     the attorney in the practice of law; and
       (C) is properly qualified to handle matters involving 
     unaccompanied immigrant children or is working under the 
     auspices of a qualified nonprofit organization that is 
     experienced in handling such matters.
       (2) Director.--The term ``Director'' means the Director of 
     the Office.
       (3) Directorate.--The term ``Directorate'' means the 
     Directorate of Border and Transportation Security established 
     by section 401 of the Homeland Security Act of 2002 (6 U.S.C. 
     201).
       (4) Office.--The term ``Office'' means the Office of 
     Refugee Resettlement as established by section 411 of the 
     Immigration and Nationality Act (8 U.S.C. 1521).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (6) Unaccompanied alien child.--The term ``unaccompanied 
     alien child'' has the same meaning as is given the term in 
     section 462(g)(2) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(g)(2)).
       (7) Voluntary agency.--The term ``voluntary agency'' means 
     a private, nonprofit voluntary agency with expertise in 
     meeting the cultural, developmental, or psychological needs 
     of unaccompanied alien children, as certified by the Director 
     of the Office of Refugee Resettlement.
       (b) Amendments to the Immigration and Nationality Act.--
     Section 101(a) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)) is amended by adding at the end the 
     following:
       ``(51) The term `unaccompanied alien child' means a child 
     who--
       ``(A) has no lawful immigration status in the United 
     States;
       ``(B) has not attained the age of 18; and
       ``(C) with respect to whom--
       ``(i) there is no parent or legal guardian in the United 
     States; or
       ``(ii) no parent or legal guardian in the United States is 
     able to provide care and physical custody.
       ``(52) The term `unaccompanied refugee children' means 
     persons described in paragraph (42) who--
       ``(A) have not attained the age of 18; and
       ``(B) with respect to whom there are no parents or legal 
     guardians available to provide care and physical custody.''.
       (c) Rule of Construction.--A department or agency of a 
     State, or an individual or entity appointed by a State court 
     or juvenile court located in the United States, acting in 
     loco parentis, shall not be considered a legal guardian for 
     purposes of section 462 of the Homeland Security Act of 2002 
     (6 U.S.C. 279) or this Act.

     TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION

     SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Unaccompanied Children Found Along the United States 
     Border or at United States Ports of Entry.--
       (1) In general.--Subject to paragraph (2), if an 
     immigration officer finds an unaccompanied alien child who is 
     described in paragraph (2) at a land border or port of entry 
     of the United States and determines that such child is 
     inadmissible under the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.), the officer shall--
       (A) permit such child to withdraw the child's application 
     for admission pursuant to section 235(a)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
       (B) return such child to the child's country of nationality 
     or country of last habitual residence.
       (2) Special rule for contiguous countries.--
       (A) In general.--Any child who is a national or habitual 
     resident of a country that is contiguous with the United 
     States and that has an agreement in writing with the United 
     States providing for the safe return and orderly repatriation 
     of unaccompanied alien children who are nationals or habitual 
     residents of such country shall be treated in accordance with 
     paragraph (1), if a determination is made on a case-by-case 
     basis that--
       (i) such child is a national or habitual resident of a 
     country described in subparagraph (A);
       (ii) such child does not have a fear of returning to the 
     child's country of nationality or country of last habitual 
     residence owing to a fear of persecution;
       (iii) the return of such child to the child's country of 
     nationality or country of last habitual residence would not 
     endanger the life or safety of such child; and
       (iv) the child is able to make an independent decision to 
     withdraw the child's application for admission due to age or 
     other lack of capacity.
       (B) Right of consultation.--Any child described in 
     subparagraph (A) shall have the right to consult with a 
     consular officer from the child's country of nationality or 
     country of last habitual residence prior to repatriation, as 
     well as consult with the Office, telephonically, and such 
     child shall be informed of that right in the child's native 
     language.
       (3) Rule for apprehensions at the border.--The custody of 
     unaccompanied alien children not described in paragraph (2) 
     who are apprehended at the border of the United States or at 
     a United States port of entry shall be treated in accordance 
     with the provisions of subsection (b).

[[Page S11313]]

       (b) Care and Custody of Unaccompanied Alien Children Found 
     in the Interior of the United States.--
       (1) Establishment of jurisdiction.--
       (A) In general.--Except as otherwise provided under 
     subparagraphs (B) and (C) and subsection (a), the care and 
     custody of all unaccompanied alien children, including 
     responsibility for their detention, where appropriate, shall 
     be under the jurisdiction of the Office.
       (B) Exception for children who have committed crimes.--
     Notwithstanding subparagraph (A), the Directorate shall 
     retain or assume the custody and care of any unaccompanied 
     alien child who--
       (i) has been charged with any felony, excluding offenses 
     proscribed by the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), while such charges are pending; or
       (ii) has been convicted of any such felony.
       (C) Exception for children who threaten national 
     security.--Notwithstanding subparagraph (A), the Directorate 
     shall retain or assume the custody and care of an 
     unaccompanied alien child if the Secretary has substantial 
     evidence, based on an individualized determination, that such 
     child could personally endanger the national security of the 
     United States.
       (D) Trafficking victims.--For purposes of section 462 of 
     the Homeland Security Act of 2002 (6 U.S.C. 279) and this 
     Act, an unaccompanied alien child who is eligible for 
     services authorized under the Victims of Trafficking and 
     Violence Protection Act of 2000 (Public Law 106-386), shall 
     be considered to be in the custody of the Office.
       (2) Notification.--
       (A) In general.--The Secretary shall promptly notify the 
     Office upon--
       (i) the apprehension of an unaccompanied alien child;
       (ii) the discovery that an alien in the custody of the 
     Directorate is an unaccompanied alien child;
       (iii) any claim by an alien in the custody of the 
     Directorate that such alien is under the age of 18; or
       (iv) any suspicion that an alien in the custody of the 
     Directorate who has claimed to be over the age of 18 is 
     actually under the age of 18.
       (B) Special rule.--In the case of an alien described in 
     clause (iii) or (iv) of subparagraph (A), the Director shall 
     make an age determination in accordance with section 105 and 
     take whatever other steps are necessary to determine whether 
     or not such alien is eligible for treatment under section 462 
     of the Homeland Security Act of 2002 (6 U.S.C. 279) or this 
     Act.
       (3) Transfer of unaccompanied alien children.--
       (A) Transfer to the office.--The care and custody of an 
     unaccompanied alien child shall be transferred to the 
     Office--
       (i) in the case of a child not described in subparagraph 
     (B) or (C) of paragraph (1), not later than 72 hours after a 
     determination is made that such child is an unaccompanied 
     alien child;
       (ii) in the case of a child whose custody and care has been 
     retained or assumed by the Directorate pursuant to 
     subparagraph (B) or (C) of paragraph (1), immediately 
     following a determination that the child no longer meets the 
     description set forth in such subparagraphs; or
       (iii) in the case of a child who was previously released to 
     an individual or entity described in section 102(a)(1), upon 
     a determination by the Director that such individual or 
     entity is no longer able to care for the child.
       (B) Transfer to the directorate.--Upon determining that a 
     child in the custody of the Office is described in 
     subparagraph (B) or (C) of paragraph (1), the Director shall 
     transfer the care and custody of such child to the 
     Directorate.
       (C) Promptness of transfer.--In the event of a need to 
     transfer a child under this paragraph, the sending office 
     shall make prompt arrangements to transfer such child and the 
     receiving office shall make prompt arrangements to receive 
     such child.
       (c) Age Determinations.--In any case in which the age of an 
     alien is in question and the resolution of questions about 
     the age of such alien would affect the alien's eligibility 
     for treatment under section 462 of the Homeland Security Act 
     of 2002 (6 U.S.C. 279) or this Act, a determination of 
     whether or not such alien meets such age requirements shall 
     be made by the Director in accordance with section 105.

     SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN 
                   CHILDREN WITH RELATIVES IN THE UNITED STATES.

       (a) Placement Authority.--
       (1) Order of preference.--Subject to the discretion of the 
     Director under section 462(b)(2) of the Homeland Security Act 
     of 2002 (6 U.S.C. 279(b)(2)) and under paragraph (4) of this 
     subsection and section 103(a)(2) of this Act, an 
     unaccompanied alien child in the custody of the Office shall 
     be promptly placed with 1 of the following individuals or 
     entities in the following order of preference:
       (A) A parent who seeks to establish custody, as described 
     in paragraph (3)(A).
       (B) A legal guardian who seeks to establish custody, as 
     described in paragraph (3)(A).
       (C) An adult relative.
       (D) An individual or entity designated by the parent or 
     legal guardian that is capable and willing to care for the 
     well-being of the child.
       (E) A State-licensed juvenile shelter, group home, or 
     foster care program willing to accept physical custody of the 
     child.
       (F) A qualified adult or entity seeking custody of the 
     child when it appears that there is no other likely 
     alternative to long-term detention and family reunification 
     does not appear to be a reasonable alternative. For purposes 
     of this subparagraph, the Office shall decide who is a 
     qualified adult or entity and promulgate regulations in 
     accordance with such decision.
       (2) Suitability assessment.--Notwithstanding paragraph (1), 
     no unaccompanied alien child shall be placed with a person or 
     entity unless a valid suitability assessment conducted by an 
     agency of the State of the child's proposed residence, by an 
     agency authorized by that State to conduct such an 
     assessment, or by an appropriate voluntary agency contracted 
     with the Office to conduct such assessments has found that 
     the person or entity is capable of providing for the child's 
     physical and mental well-being.
       (3) Right of parent or legal guardian to custody of 
     unaccompanied alien child.--
       (A) Placement with parent or legal guardian.--If an 
     unaccompanied alien child is placed with any person or entity 
     other than a parent or legal guardian, but subsequent to that 
     placement a parent or legal guardian seeks to establish 
     custody, the Director shall assess the suitability of placing 
     the child with the parent or legal guardian and shall make a 
     written determination on the child's placement within 30 
     days.
       (B) Rule of construction.--Nothing in this Act shall be 
     construed to--
       (i) supersede obligations under any treaty or other 
     international agreement to which the United States is a 
     party, including The Hague Convention on the Civil Aspects of 
     International Child Abduction, the Vienna Declaration and 
     Program of Action, and the Declaration of the Rights of the 
     Child; or
       (ii) limit any right or remedy under such international 
     agreement.
       (4) Protection from smugglers and traffickers.--
       (A) Policies and programs.--
       (i) In general.--The Director shall establish policies and 
     programs to ensure that unaccompanied alien children are 
     protected from smugglers, traffickers, or other persons 
     seeking to victimize or otherwise engage such children in 
     criminal, harmful, or exploitative activity.
       (ii) Witness protection programs included.--The programs 
     established pursuant to clause (i) may include witness 
     protection programs.
       (B) Criminal investigations and prosecutions.--Any officer 
     or employee of the Office or the Department of Homeland 
     Security, and any grantee or contractor of the Office, who 
     suspects any individual of being involved in any activity 
     described in subparagraph (A) shall report such individual to 
     Federal or State prosecutors for criminal investigation and 
     prosecution.
       (C) Disciplinary action.--Any officer or employee of the 
     Office or the Department of Homeland Security, and any 
     grantee or contractor of the Office, who suspects an attorney 
     of being involved in any activity described in subparagraph 
     (A) shall report the individual to the State bar association 
     of which the attorney is a member, or to other appropriate 
     disciplinary authorities, for appropriate disciplinary action 
     that may include private or public admonition or censure, 
     suspension, or disbarment of the attorney from the practice 
     of law.
       (5) Grants and contracts.--Subject to the availability of 
     appropriations, the Director may make grants to, and enter 
     into contracts with, voluntary agencies to carry out section 
     462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or to 
     carry out this section.
       (6) Reimbursement of state expenses.--Subject to the 
     availability of appropriations, the Director may reimburse 
     States for any expenses they incur in providing assistance to 
     unaccompanied alien children who are served pursuant to 
     section 462 of the Homeland Security Act of 2002 (6 U.S.C. 
     279) or this Act.
       (b) Confidentiality.--All information obtained by the 
     Office relating to the immigration status of a person 
     described in subparagraphs (A), (B), and (C) of subsection 
     (a)(1) shall remain confidential and may be used only for the 
     purposes of determining such person's qualifications under 
     subsection (a)(1).
       (c) Required Disclosure.--The Secretary of Health and Human 
     Services or the Secretary of Homeland Security shall provide 
     the information furnished under this section, and any other 
     information derived from such furnished information, to--
       (1) a duly recognized law enforcement entity in connection 
     with an investigation or prosecution of an offense described 
     in paragraph (2) or (3) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)), when such information 
     is requested in writing by such entity; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (d) Penalty.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this section shall 
     be fined not more than $10,000.

     SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Standards for Placement.--
       (1) Prohibition of detention in certain facilities.--Except 
     as provided in paragraph (2), an unaccompanied alien child 
     shall not

[[Page S11314]]

     be placed in an adult detention facility or a facility 
     housing delinquent children.
       (2) Detention in appropriate facilities.--An unaccompanied 
     alien child who has exhibited a violent or criminal behavior 
     that endangers others may be detained in conditions 
     appropriate to the behavior in a facility appropriate for 
     delinquent children.
       (3) State licensure.--In the case of a placement of a child 
     with an entity described in section 102(a)(1)(E), the entity 
     must be licensed by an appropriate State agency to provide 
     residential, group, child welfare, or foster care services 
     for dependent children.
       (4) Conditions of detention.--
       (A) In general.--The Director and the Secretary of Homeland 
     Security shall promulgate regulations incorporating standards 
     for conditions of detention in such placements that provide 
     for--
       (i) educational services appropriate to the child;
       (ii) medical care;
       (iii) mental health care, including treatment of trauma, 
     physical and sexual violence, or abuse;
       (iv) access to telephones;
       (v) access to legal services;
       (vi) access to interpreters;
       (vii) supervision by professionals trained in the care of 
     children, taking into account the special cultural, 
     linguistic, and experiential needs of children in immigration 
     proceedings;
       (viii) recreational programs and activities;
       (ix) spiritual and religious needs; and
       (x) dietary needs.
       (B) Notification of children.--Regulations promulgated in 
     accordance with subparagraph (A) shall provide that all 
     children are notified orally and in writing of such standards 
     in the child's native language.
       (b) Prohibition of Certain Practices.--The Director and the 
     Secretary shall develop procedures prohibiting the 
     unreasonable use of--
       (1) shackling, handcuffing, or other restraints on 
     children;
       (2) solitary confinement; or
       (3) pat or strip searches.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to supersede procedures favoring release of 
     children to appropriate adults or entities or placement in 
     the least secure setting possible, as defined in the 
     Stipulated Settlement Agreement under Flores v. Reno.

     SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.

       (a) Country Conditions.--
       (1) Sense of congress.--It is the sense of Congress that, 
     to the extent consistent with the treaties and other 
     international agreements to which the United States is a 
     party, and to the extent practicable, the United States 
     Government should undertake efforts to ensure that it does 
     not repatriate children in its custody into settings that 
     would threaten the life and safety of such children.
       (2) Assessment of conditions.--
       (A) In general.--The Secretary of State shall include each 
     year in the State Department Country Report on Human Rights, 
     an assessment of the degree to which each country protects 
     children from smugglers and traffickers.
       (B) Factors for assessment.--The Directorate shall consult 
     the State Department Country Report on Human Rights and the 
     Victims of Trafficking and Violence Protection Act of 2000: 
     Trafficking in Persons Report in assessing whether to 
     repatriate an unaccompanied alien child to a particular 
     country.
       (b) Report on Repatriation of Unaccompanied Alien 
     Children.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of Homeland Security shall submit a report to the Committees 
     on the Judiciary of the House of Representatives and the 
     Senate on efforts to repatriate unaccompanied alien children.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include, at a minimum, the following information:
       (A) The number of unaccompanied alien children ordered 
     removed and the number of such children actually removed from 
     the United States.
       (B) A description of the type of immigration relief sought 
     and denied to such children.
       (C) A statement of the nationalities, ages, and gender of 
     such children.
       (D) A description of the procedures used to effect the 
     removal of such children from the United States.
       (E) A description of steps taken to ensure that such 
     children were safely and humanely repatriated to their 
     country of origin.
       (F) Any information gathered in assessments of country and 
     local conditions pursuant to subsection (a)(2).

     SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN 
                   CHILD.

       (a) In General.--The Director shall develop procedures to 
     make a prompt determination of the age of an alien in the 
     custody of the Department of Homeland Security or the Office, 
     when the age of the alien is at issue. Such procedures shall 
     permit the presentation of multiple forms of evidence, 
     including testimony of the child, to determine the age of the 
     unaccompanied alien for purposes of placement, custody, 
     parole, and detention. Such procedures shall allow the appeal 
     of a determination to an immigration judge. The Secretary of 
     Homeland Security shall permit the Office to have reasonable 
     access to aliens in the custody of the Secretary so as to 
     ensure a prompt determination of the age of such alien.
       (b) Prohibition on Sole Means of Determining Age.--Neither 
     radiographs nor the attestation of an alien shall be used as 
     the sole means of determining age for the purposes of 
     determining an alien's eligibility for treatment under 
     section 462 of the Homeland Security Act of 2002 (6 U.S.C. 
     279) or this Act.
       (c) Rule of Construction.--Nothing in this section shall be 
     construed to place the burden of proof in determining the age 
     of an alien on the government.

     SEC. 106. EFFECTIVE DATE.

       This title shall take effect 90 days after the date of 
     enactment of this Act.

TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO GUARDIANS AD LITEM 
                              AND COUNSEL

     SEC. 201. GUARDIANS AD LITEM.

       (a) Establishment of Guardian Ad Litem Program.--
       (1) Appointment.--The Director may, in the Director's 
     discretion, appoint a guardian ad litem who meets the 
     qualifications described in paragraph (2) for an 
     unaccompanied alien child. The Director is encouraged, 
     wherever practicable, to contract with a voluntary agency for 
     the selection of an individual to be appointed as a guardian 
     ad litem under this paragraph.
       (2) Qualifications of guardian ad litem.--
       (A) In general.--No person shall serve as a guardian ad 
     litem unless such person--
       (i) is a child welfare professional or other individual who 
     has received training in child welfare matters; and
       (ii) possesses special training on the nature of problems 
     encountered by unaccompanied alien children.
       (B) Prohibition.--A guardian ad litem shall not be an 
     employee of the Directorate, the Office, or the Executive 
     Office for Immigration Review.
       (3) Duties.--The guardian ad litem shall--
       (A) conduct interviews with the child in a manner that is 
     appropriate, taking into account the child's age;
       (B) investigate the facts and circumstances relevant to 
     such child's presence in the United States, including facts 
     and circumstances arising in the country of the child's 
     nationality or last habitual residence and facts and 
     circumstances arising subsequent to the child's departure 
     from such country;
       (C) work with counsel to identify the child's eligibility 
     for relief from removal or voluntary departure by sharing 
     with counsel information collected under subparagraph (B);
       (D) develop recommendations on issues relative to the 
     child's custody, detention, release, and repatriation;
       (E) take reasonable steps to ensure that the best interests 
     of the child are promoted while the child participates in, or 
     is subject to, proceedings or matters under the Immigration 
     and Nationality Act (8 U.S.C. 1101 et seq.);
       (F) take reasonable steps to ensure that the child 
     understands the nature of the legal proceedings or matters 
     and determinations made by the court, and ensure that all 
     information is conveyed in an age-appropriate manner; and
       (G) report factual findings relating to--
       (i) information gathered pursuant to subparagraph (B);
       (ii) the care and placement of the child during the 
     pendency of the proceedings or matters; and
       (iii) any other information gathered pursuant to 
     subparagraph (D).
       (4) Termination of appointment.--The guardian ad litem 
     shall carry out the duties described in paragraph (3) until--
       (A) those duties are completed;
       (B) the child departs the United States;
       (C) the child is granted permanent resident status in the 
     United States;
       (D) the child attains the age of 18; or
       (E) the child is placed in the custody of a parent or legal 
     guardian;
     whichever occurs first.
       (5) Powers.--The guardian ad litem--
       (A) shall have reasonable access to the child, including 
     access while such child is being held in detention or in the 
     care of a foster family;
       (B) shall be permitted to review all records and 
     information relating to such proceedings that are not deemed 
     privileged or classified;
       (C) may seek independent evaluations of the child;
       (D) shall be notified in advance of all hearings or 
     interviews involving the child that are held in connection 
     with proceedings or matters under the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), and shall be given a 
     reasonable opportunity to be present at such hearings or 
     interviews;
       (E) shall be permitted to consult with the child during any 
     hearing or interview involving such child; and
       (F) shall be provided at least 24 hours advance notice of a 
     transfer of that child to a different placement, absent 
     compelling and unusual circumstances warranting the transfer 
     of such child prior to notification.
       (b) Training.--The Director shall provide professional 
     training for all persons serving as guardians ad litem under 
     this section in the--
       (1) circumstances and conditions that unaccompanied alien 
     children face; and
       (2) various immigration benefits for which such alien child 
     might be eligible.
       (c) Pilot Program.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Director shall establish and begin 
     to carry

[[Page S11315]]

     out a pilot program to test the implementation of subsection 
     (a).
       (2) Purpose.--The purpose of the pilot program established 
     pursuant to paragraph (1) is to--
       (A) study and assess the benefits of providing guardians ad 
     litem to assist unaccompanied alien children involved in 
     immigration proceedings or matters;
       (B) assess the most efficient and cost-effective means of 
     implementing the guardian ad litem provisions in this 
     section; and
       (C) assess the feasibility of implementing such provisions 
     on a nationwide basis for all unaccompanied alien children in 
     the care of the Office.
       (3) Scope of program.--
       (A) Selection of site.--The Director shall select 3 sites 
     in which to operate the pilot program established pursuant to 
     paragraph (1).
       (B) Number of children.--To the greatest extent possible, 
     each site selected under subparagraph (A) should have at 
     least 25 children held in immigration custody at any given 
     time.
       (4) Report to congress.--Not later than 1 year after the 
     date on which the first pilot program is established pursuant 
     to paragraph (1), the Director shall report to the Committees 
     on the Judiciary of the Senate and the House of 
     Representatives on subparagraphs (A) through (C) of paragraph 
     (2).

     SEC. 202. COUNSEL.

       (a) Access to Counsel.--
       (1) In general.--The Director shall ensure that all 
     unaccompanied alien children in the custody of the Office, or 
     in the custody of the Directorate, who are not described in 
     section 101(a)(2) shall have competent counsel to represent 
     them in immigration proceedings or matters.
       (2) Pro bono representation.--To the maximum extent 
     practicable, the Director shall utilize the services of 
     competent pro bono counsel who agree to provide 
     representation to such children without charge. To the 
     maximum extent practicable, the Director shall ensure that 
     placements made under subparagraphs (D), (E), and (F) of 
     section 102(a)(1) are in cities where there is a demonstrated 
     capacity for competent pro bono representation.
       (3) Development of necessary infrastructures and systems.--
     In ensuring that legal representation is provided to such 
     children, the Director shall develop the necessary mechanisms 
     to identify entities available to provide such legal 
     assistance and representation and to recruit such entities.
       (4) Contracting and grant making authority.--
       (A) In general.--The Director shall enter into contracts 
     with or make grants to nonprofit agencies with relevant 
     expertise in the delivery of immigration-related legal 
     services to children in order to carry out the 
     responsibilities of this Act, including but not limited to 
     such activities as providing legal orientation, screening 
     cases for referral, recruiting, training, and overseeing pro 
     bono attorneys. Nonprofit agencies may enter into 
     subcontracts with or make grants to private voluntary 
     agencies with relevant expertise in the delivery of 
     immigration-related legal services to children in order to 
     carry out this subsection.
       (B) Considerations regarding grants and contracts.--In 
     making grants and entering into contracts with agencies in 
     accordance with subparagraph (A), the Director shall take 
     into consideration whether the agencies in question are 
     capable of properly administering the services covered by 
     such grants or contracts without an undue conflict of 
     interest.
       (5) Model guidelines on legal representation of children.--
       (A) Development of guidelines.--The Executive Office for 
     Immigration Review, in consultation with voluntary agencies 
     and national experts, shall develop model guidelines for the 
     legal representation of alien children in immigration 
     proceedings based on the children's asylum guidelines, the 
     American Bar Association Model Rules of Professional Conduct, 
     and other relevant domestic or international sources.
       (B) Purpose of guidelines.--The guidelines developed in 
     accordance with subparagraph (A) shall be designed to help 
     protect a child from any individual suspected of involvement 
     in any criminal, harmful, or exploitative activity associated 
     with the smuggling or trafficking of children, while ensuring 
     the fairness of the removal proceeding in which the child is 
     involved.
       (C) Implementation.--The Executive Office for Immigration 
     Review shall adopt the guidelines developed in accordance 
     with subparagraph (A) and submit them for adoption by 
     national, State, and local bar associations.
       (b) Duties.--Counsel shall--
       (1) represent the unaccompanied alien child in all 
     proceedings and matters relating to the immigration status of 
     the child or other actions involving the Directorate;
       (2) appear in person for all individual merits hearings 
     before the Executive Office for Immigration Review and 
     interviews involving the Directorate; and
       (3) owe the same duties of undivided loyalty, 
     confidentiality, and competent representation to the child as 
     is due an adult client.
       (c) Access to Child.--
       (1) In general.--Counsel shall have reasonable access to 
     the unaccompanied alien child, including access while the 
     child is being held in detention, in the care of a foster 
     family, or in any other setting that has been determined by 
     the Office.
       (2) Restriction on transfers.--Absent compelling and 
     unusual circumstances, no child who is represented by counsel 
     shall be transferred from the child's placement to another 
     placement unless advance notice of at least 24 hours is made 
     to counsel of such transfer.
       (d) Notice to Counsel During Immigration Proceedings.--
       (1) In general.--Except when otherwise required in an 
     emergency situation involving the physical safety of the 
     child, counsel shall be given prompt and adequate notice of 
     all immigration matters affecting or involving an 
     unaccompanied alien child, including adjudications, 
     proceedings, and processing, before such actions are taken.
       (2) Opportunity to consult with counsel.--An unaccompanied 
     alien child in the custody of the Office may not give consent 
     to any immigration action, including consenting to voluntary 
     departure, unless first afforded an opportunity to consult 
     with counsel.
       (e) Access to Recommendations of Guardian Ad Litem.--
     Counsel shall be afforded an opportunity to review the 
     recommendation by the guardian ad litem affecting or 
     involving a client who is an unaccompanied alien child.

     SEC. 203. EFFECTIVE DATE; APPLICABILITY.

       (a) Effective Date.--This title shall take effect 180 days 
     after the date of enactment of this Act.
       (b) Applicability.--The provisions of this title shall 
     apply to all unaccompanied alien children in Federal custody 
     on, before, or after the effective date of this title.

  TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN 
                                CHILDREN

     SEC. 301. SPECIAL IMMIGRANT JUVENILE VISA.

       (a) J Visa.--Section 101(a)(27)(J) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to read 
     as follows:
       ``(J) an immigrant who is 18 years of age and under on the 
     date of application who is present in the United States--
       ``(i) who by a court order, which shall be binding on the 
     Secretary of Homeland Security for purposes of adjudications 
     under this subparagraph, was declared dependent on a juvenile 
     court located in the United States or whom such a court has 
     legally committed to, or placed under the custody of, a 
     department or agency of a State, or an individual or entity 
     appointed by a State or juvenile court located in the United 
     States, due to abuse, neglect, or abandonment, or a similar 
     basis found under State law;
       ``(ii) for whom it has been determined in administrative or 
     judicial proceedings that it would not be in the alien's best 
     interest to be returned to the alien's or parent's previous 
     country of nationality or country of last habitual residence; 
     and
       ``(iii) with respect to a child in Federal custody, for 
     whom the Office of Refugee Resettlement of the Department of 
     Health and Human Services has certified to the Director of 
     the Bureau of Citizenship and Immigration Services that the 
     classification of an alien as a special immigrant under this 
     subparagraph has not been made solely to provide an 
     immigration benefit to that alien;
     except that no natural parent or prior adoptive parent of any 
     alien provided special immigrant status under this 
     subparagraph shall thereafter, by virtue of such parentage, 
     be accorded any right, privilege, or status under this 
     Act;''.
       (b) Adjustment of Status.--Section 245(h)(2)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is 
     amended to read as follows:
       ``(A) paragraphs (4), (5)(A), (6)(A), and (7) of section 
     212(a) shall not apply; and''.
       (c) Eligibility for Assistance.--A child who has been 
     granted relief under section 101(a)(27)(J) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(27)(J)), shall be 
     eligible for all funds made available under section 412(d) of 
     that Act (8 U.S.C. 1522(d)) until such time as the child 
     attains the age designated in section 412(d)(2)(B) of that 
     Act (8 U.S.C. 1522(d)(2)(B)), or until the child is placed in 
     a permanent adoptive home, whichever occurs first.
       (d) Transition Rule.--Notwithstanding any other provision 
     of law, any child described in section 101(a)(27)(J) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(J)) who 
     filed an application for a visa before the date of enactment 
     of this Act and who was 19, 20, or 21 years of age on the 
     date such application was filed shall not be denied a visa 
     after the date of enactment of this Act because of such 
     alien's age.

     SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES 
                   WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN 
                   CHILDREN.

       (a) Training of State and Local Officials and Certain 
     Private Parties.--The Secretary of Health and Human Services, 
     acting jointly with the Secretary, shall provide appropriate 
     training to be available to State and county officials, child 
     welfare specialists, teachers, public counsel, and juvenile 
     judges who come into contact with unaccompanied alien 
     children. The training shall provide education on the 
     processes pertaining to unaccompanied alien children with 
     pending immigration status and on the forms of relief 
     potentially available. The Director shall be responsible for 
     establishing a

[[Page S11316]]

     core curriculum that can be incorporated into education, 
     training, or orientation modules or formats that are 
     currently used by these professionals.
       (b) Training of Directorate Personnel.--The Secretary, 
     acting jointly with the Secretary of Health and Human 
     Services, shall provide specialized training to all personnel 
     of the Directorate who come into contact with unaccompanied 
     alien children. In the case of Border Patrol agents and 
     immigration inspectors, such training shall include specific 
     training on identifying children at the United States borders 
     or at United States ports of entry who have been victimized 
     by smugglers or traffickers, and children for whom asylum or 
     special immigrant relief may be appropriate, including 
     children described in section 101(a)(2).

     SEC. 303. REPORT.

       Not later than 1 year after the date of enactment of this 
     Act and annually thereafter, the Secretary of Health and 
     Human Services shall submit a report for the previous fiscal 
     year to the Committees on the Judiciary of the House of 
     Representatives and the Senate that contains--
       (1) data related to the implementation of section 462 of 
     the Homeland Security Act (6 U.S.C. 279);
       (2) data regarding the care and placement of children in 
     accordance with this Act;
       (3) data regarding the provision of guardian ad litem and 
     counsel services in accordance with this Act; and
       (4) any other information that the Director or the 
     Secretary of Health and Human Services determines to be 
     appropriate.

     SEC. 304. EFFECTIVE DATE.

       The amendment made by section 301 shall apply to all aliens 
     who were in the United States before, on, or after the date 
     of enactment of this Act.

             TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS

     SEC. 401. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.

       (a) Sense of Congress.--Congress commends the Immigration 
     and Naturalization Service for its issuance of its 
     ``Guidelines for Children's Asylum Claims'', dated December 
     1998, and encourages and supports the implementation of such 
     guidelines by the Immigration and Naturalization Service (and 
     its successor entities) in an effort to facilitate the 
     handling of children's asylum claims. Congress calls upon the 
     Executive Office for Immigration Review of the Department of 
     Justice to adopt the ``Guidelines for Children's Asylum 
     Claims'' in its handling of children's asylum claims before 
     immigration judges and the Board of Immigration Appeals.
       (b) Training.--The Secretary shall provide periodic 
     comprehensive training under the ``Guidelines for Children's 
     Asylum Claims'' to asylum officers, immigration judges, 
     members of the Board of Immigration Appeals, and immigration 
     officers who have contact with children in order to 
     familiarize and sensitize such officers to the needs of 
     children asylum seekers. Voluntary agencies shall be allowed 
     to assist in such training.

     SEC. 402. UNACCOMPANIED REFUGEE CHILDREN.

       (a) Identifying Unaccompanied Refugee Children.--Section 
     207(e) of the Immigration and Nationality Act (8 U.S.C. 
     1157(e)) is amended--
       (1) by redesignating paragraphs (3), (4), (5), (6), and (7) 
     as paragraphs (4), (5), (6), (7), and (8), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) An analysis of the worldwide situation faced by 
     unaccompanied refugee children, by region, which shall 
     include an assessment of--
       ``(A) the number of unaccompanied refugee children, by 
     region;
       ``(B) the capacity of the Department of State to identify 
     such refugees;
       ``(C) the capacity of the international community to care 
     for and protect such refugees;
       ``(D) the capacity of the voluntary agency community to 
     resettle such refugees in the United States;
       ``(E) the degree to which the United States plans to 
     resettle such refugees in the United States in the coming 
     fiscal year; and
       ``(F) the fate that will befall such unaccompanied refugee 
     children for whom resettlement in the United States is not 
     possible.''.
       (b) Training on the Needs of Unaccompanied Refugee 
     Children.--Section 207(f)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(f)(2)) is amended by--
       (1) striking ``and'' after ``countries,''; and
       (2) inserting before the period at the end the following: 
     ``, and instruction on the needs of unaccompanied refugee 
     children''.

     SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN 
                   ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES.

       (a) Placement in Removal Proceedings.--Any unaccompanied 
     alien child apprehended by the Directorate, except for an 
     unaccompanied alien child subject to exceptions under 
     paragraph (1)(A) or (2) of section (101)(a) of this Act, 
     shall be placed in removal proceedings under section 240 of 
     the Immigration and Nationality Act (8 U.S.C. 1229a).
       (b) Exception From Time Limit for Filing Asylum 
     Application.--Section 208(a)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1158(a)(2)) is amended by adding at 
     the end the following:
       ``(E) Applicability.--Subparagraphs (A) and (B) shall not 
     apply to an unaccompanied alien child as defined in section 
     101(a)(51).''.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

     SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Department of Homeland Security, the Department of 
     Justice, and the Department of Health and Human Services, 
     such sums as may be necessary to carry out--
       (1) section 462 of the Homeland Security Act of 2002 (6 
     U.S.C. 279); and
       (2) this Act.
       (b) Availability of Funds.--Amounts appropriated pursuant 
     to subsection (a) are authorized to remain available until 
     expended.

       TITLE VI--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002

     SEC. 601. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE 
                   OFFICE OF REFUGEE RESETTLEMENT WITH RESPECT TO 
                   UNACCOMPANIED ALIEN CHILDREN.

       (a) Additional Responsibilities of the Director.--Section 
     462(b)(1) of the Homeland Security Act of 2002 (6 U.S.C. 
     279(b)(1)) is amended--
       (1) in subparagraph (K), by striking ``and'' at the end;
       (2) in subparagraph (L), by striking the period at the end 
     and inserting ``, including regular follow-up visits to such 
     facilities, placements, and other entities, to assess the 
     continued suitability of such placements; and''; and
       (3) by adding at the end the following:
       ``(M) ensuring minimum standards of care for all 
     unaccompanied alien children--
       ``(i) for whom detention is necessary; and
       ``(ii) who reside in settings that are alternative to 
     detention.''.
       (b) Additional Powers of the Director.--Section 462(b) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(b)) is 
     amended by adding at the end the following:
       ``(4) Powers.--In carrying out the duties under paragraph 
     (3), the Director shall have the power to--
       ``(A) contract with service providers to perform the 
     services described in sections 102, 103, 201, and 202 of the 
     Unaccompanied Alien Child Protection Act of 2004; and
       ``(B) compel compliance with the terms and conditions set 
     forth in section 103 of the Unaccompanied Alien Child 
     Protection Act of 2004, including the power to--
       ``(i) declare providers to be in breach and seek damages 
     for noncompliance;
       ``(ii) terminate the contracts of providers that are not in 
     compliance with such conditions; and
       ``(iii) reassign any unaccompanied alien child to a similar 
     facility that is in compliance with such section.''.

     SEC. 602. TECHNICAL CORRECTIONS.

       Section 462(b) of the Homeland Security Act of 2002 (6 
     U.S.C. 279(b)), as amended by section 601, is amended--
       (1) in paragraph (3), by striking ``paragraph (1)(G)'' and 
     inserting ``paragraph (1)''; and
       (2) by adding at the end the following:
       ``(5) Statutory construction.--Nothing in paragraph (2)(B) 
     may be construed to require that a bond be posted for 
     unaccompanied alien children who are released to a qualified 
     sponsor.''.

     SEC. 603. EFFECTIVE DATE.

       The amendments made by this title shall take effect as if 
     enacted as part of the Homeland Security Act of 2002 (6 
     U.S.C. 101 et seq.).
                                 ______
                                 
  SA 4059. Mr. SESSIONS (for Mr. Roberts (for himself and Mr. 
Rockefeller)) proposed an amendment to the bill S. 2386, to authorize 
appropriations for fiscal year 2005 for intelligence and intelligence-
related activities of the United States Government, the Intelligence 
Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes; as follows:

       On page 16, strike lines 1 through 16.
                                 ______
                                 
  SA 4060. Mr. SESSIONS (for Mr. Roberts (for himself and Mr. 
Rockefeller)) proposed an amendment to the bill S. 2386, to authorize 
appropriations for fiscal year 2005 for intelligence and intelligence-
related activities of the United States Government, the Intelligence 
Community Management Account, and the Central Intelligence Agency 
Retirement and Disability System, and for other purposes; as follows:

       On page 9, line 16, add at the end the following: ``Such 
     funds shall remain available until September 30, 2005.''.
       On page 16, between lines 16 and 17, insert the following:

     SEC. 307. INTELLIGENCE ASSESSMENT ON SANCTUARIES FOR 
                   TERRORISTS.

       (a) Assessment Required.--Not later than the date specified 
     in subsection (b), the Director of Central Intelligence shall 
     submit to Congress an intelligence assessment that identifies 
     and describes each country or region that is a sanctuary for 
     terrorists or terrorist organizations. The assessment shall 
     be based on current all-source intelligence.
       (b) Submittal Date.--The date of the submittal of the 
     intelligence assessment required by subsection (a) shall be 
     the earlier of--
       (1) the date that is six months after the date of the 
     enactment of this Act; or

[[Page S11317]]

       (2) June 1, 2005.

     SEC. 308. ADDITIONAL EXTENSION OF DEADLINE FOR FINAL REPORT 
                   OF THE NATIONAL COMMISSION FOR THE REVIEW OF 
                   THE RESEARCH AND DEVELOPMENT PROGRAMS OF THE 
                   UNITED STATES INTELLIGENCE COMMUNITY.

       Section 1007(a) of the Intelligence Authorization Act for 
     Fiscal Year 2003 (Public Law 107-306; 50 U.S.C. 401 note) is 
     amended by striking ``September 1, 2004'' and inserting 
     ``September 1, 2005''.

     SEC. 309. FOUR-YEAR EXTENSION OF PUBLIC INTEREST 
                   DECLASSIFICATION BOARD.

       Section 710(b) of the Public Interest Declassification Act 
     of 2000 (title VII of Public Law 106-567; 114 Stat. 2856; 50 
     U.S.C. 435 note) is amended by striking ``4 years'' and 
     inserting ``8 years''.
       On page 19, strike lines 7 through 15 and insert the 
     following:
       ``(1) In general.--The Director may establish and 
     administer a nonofficial cover employee retirement system for 
     designated employees (and the spouse, former spouses, and 
     survivors of such designated employees). A des-
       On page 21, strike line 18 and all that follows through 
     page 22, line 1, and insert the following:
       ``(iii) in the case of a designated employee who 
     participated in an employee investment retirement system 
     established under paragraph (1) and is converted to coverage 
     under subchapter III of chapter 84 of title 5, United States 
     Code, the Director may transmit any or all amounts of that 
     designated employee in that employee investment retirement 
     system (or similar
       On page 22, strike line 24 and all that follows through 
     page 23, line 5, and insert the following:
       ``(1) In general.--The Director may establish and 
     administer a nonofficial cover employee health insurance 
     program for designated employees (and the family of such 
     designated employees). A designated employee
       On page 25, strike lines 6 through 12 and insert the 
     following:
       ``(1) In general.--The Director may establish and 
     administer a nonofficial cover employee life insurance 
     program for designated employees (and the family of such 
     designated employees). A designated employee may not
       On page 27, line 8, strike ``(B)(iii)'' and insert 
     ``(B)(iv)''.
       On page 30, strike lines 10 through 16.
                                 ______
                                 
  SA 4061. Ms. LANDRIEU (for herself, Mr. Bond, Mr. Jeffords, Mrs. 
Murray, Mr. Graham of South Carolina, Mr. Rockefeller, Mr. Sessions, 
Mr. Nelson of Florida, Mr. Warner, Mr. Durbin, Mr. Kerry, Mrs. Boxer, 
and Ms. Mikulski) proposed an amendment to the bill H.R. 1779, to amend 
the Internal Revenue Code of 1986 to allow penalty-free withdrawals 
from retirement plans during the period that a military reservist or 
national guardsman is called to active duty for an extended period, and 
for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Guardsmen and Reservists 
     Financial Relief Act of 2004''.

     SEC. 2. PENALTY-FREE WITHDRAWALS FROM RETIREMENT PLANS FOR 
                   INDIVIDUALS CALLED TO ACTIVE DUTY FOR AT LEAST 
                   179 DAYS.

       (a) In General.--Paragraph (2) of section 72(t) of the 
     Internal Revenue Code of 1986 (relating to 10-percent 
     additional tax on early distributions from qualified 
     retirement plans) is amended by adding at the end the 
     following new subparagraph:
       ``(G) Distributions from retirement plans to individuals 
     called to active duty.--
       ``(i) In general.--Any qualified reservist distribution.
       ``(ii) Qualified reservist distribution.--For purposes of 
     this subparagraph, the term `qualified reservist 
     distribution' means any distribution to an individual if--

       ``(I) such distribution is from any qualified retirement 
     plan (as defined in section 4974(c)),
       ``(II) such individual was (by reason of being a member of 
     a reserve component (as defined in section 101 of title 37, 
     United States Code)), ordered or called to active duty for a 
     period in excess of 179 days or for an indefinite period, and
       ``(III) such distribution is made during the period 
     beginning on the date of such order or call and ending at the 
     close of the active duty period.

       ``(iii) Application of subparagraph.--This subparagraph 
     applies to individuals ordered or called to active duty after 
     September 11, 2001, and before September 12, 2005.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to distributions after September 11, 2001.

     SEC. 3. INCOME TAX WITHHOLDING ON DIFFERENTIAL WAGE PAYMENTS.

       (a) In General.--Section 3401 of the Internal Revenue Code 
     of 1986 (relating to definitions) is amended by adding at the 
     end the following new subsection:
       ``(i) Differential Wage Payments to Active Duty Members of 
     the Uniformed Services.--
       ``(1) In general.--For purposes of subsection (a), any 
     differential wage payment shall be treated as a payment of 
     wages by the employer to the employee.
       ``(2) Differential wage payment.--For purposes of paragraph 
     (1), the term `differential wage payment' means any payment 
     which--
       ``(A) is made by an employer to an individual with respect 
     to any period during which the individual is performing 
     service in the uniformed services while on active duty for a 
     period of more than 30 days, and
       ``(B) represents all or a portion of the wages the 
     individual would have received from the employer if the 
     individual were performing service for the employer.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to remuneration paid after December 31, 2004.

     SEC. 4. TREATMENT OF DIFFERENTIAL WAGE PAYMENTS FOR 
                   RETIREMENT PLAN PURPOSES.

       (a) Pension Plans.--
       (1) In general.--Section 414(u) of the Internal Revenue 
     Code of 1986 (relating to special rules relating to veterans' 
     reemployment rights under USERRA) is amended by adding at the 
     end the following new paragraph:
       ``(11) Treatment of differential wage payments.--
       ``(A) In general.--Except as provided in this paragraph, 
     for purposes of applying this title to a retirement plan to 
     which this subsection applies--
       ``(i) an individual receiving a differential wage payment 
     shall be treated as an employee of the employer making the 
     payment,
       ``(ii) the differential wage payment shall be treated as 
     compensation, and
       ``(iii) the plan shall not be treated as failing to meet 
     the requirements of any provision described in paragraph 
     (1)(C) by reason of any contribution which is based on the 
     differential wage payment.
       ``(B) Special rule for distributions.--
       ``(i) In general.--Notwithstanding subparagraph (A)(i), for 
     purposes of section 401(k)(2)(B)(i)(I), 403(b)(7)(A)(ii), 
     403(b)(11)(A), or 457(d)(1)(A)(ii), an individual shall be 
     treated as having been severed from employment during any 
     period the individual is performing service in the uniformed 
     services described in section 3401(i)(2)(A).
       ``(ii) Limitation.--If an individual elects to receive a 
     distribution by reason of clause (i), the plan shall provide 
     that the individual may not make an elective deferral or 
     employee contribution during the 6-month period beginning on 
     the date of the distribution.
       ``(C) Nondiscrimination requirement.--Subparagraph (A)(iii) 
     shall apply only if all employees of an employer performing 
     service in the uniformed services described in section 
     3401(i)(2)(A) are entitled to receive differential wage 
     payments on reasonably equivalent terms and, if eligible to 
     participate in a retirement plan maintained by the employer, 
     to make contributions based on the payments. For purposes of 
     applying this subparagraph, the provisions of paragraphs (3), 
     (4), and (5), of section 410(b) shall apply.
       ``(D) Differential wage payment.--For purposes of this 
     paragraph, the term `differential wage payment' has the 
     meaning given such term by section 3401(i)(2).''.
       (2) Conforming amendment.--The heading for section 414(u) 
     of such Code is amended by inserting ``and to Differential 
     Wage Payments to Members on Active Duty'' after ``USERRA''.
       (b) Differential Wage Payments Treated as Compensation for 
     Individual Retirement Plans.--Section 219(f)(1) of the 
     Internal Revenue Code of 1986 (defining compensation) is 
     amended by adding at the end the following new sentence: 
     ``The term `compensation' includes any differential wage 
     payment (as defined in section 3401(i)(2)).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to plan years beginning after December 31, 2004.
       (d) Provisions Relating to Plan Amendments.--
       (1) In general.--If this subsection applies to any plan or 
     annuity contract amendment--
       (A) such plan or contract shall be treated as being 
     operated in accordance with the terms of the plan or contract 
     during the period described in paragraph (2)(B)(i), and
       (B) except as provided by the Secretary of the Treasury, 
     such plan shall not fail to meet the requirements of the 
     Internal Revenue Code of 1986 or the Employee Retirement 
     Income Security Act of 1974 by reason of such amendment.
       (2) Amendments to which section applies.--
       (A) In general.--This subsection shall apply to any 
     amendment to any plan or annuity contract which is made--
       (i) pursuant to any amendment made by this section, and
       (ii) on or before the last day of the first plan year 
     beginning on or after January 1, 2007.
       (B) Conditions.--This subsection shall not apply to any 
     plan or annuity contract amendment unless--
       (i) during the period beginning on the date the amendment 
     described in subparagraph (A)(i) takes effect and ending on 
     the date described in subparagraph (A)(ii) (or, if earlier, 
     the date the plan or contract amendment is adopted), the plan 
     or contract is operated as if such plan or contract amendment 
     were in effect; and
       (ii) such plan or contract amendment applies retroactively 
     for such period.

[[Page S11318]]

     SEC. 5. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT AND 
                   READY RESERVE-NATIONAL GUARD REPLACEMENT 
                   EMPLOYEE CREDIT.

       (a) Ready Reserve-National Guard Credit.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     business-related credits) is amended by inserting after 
     section 45I the following new section:

     ``SEC. 45J. READY RESERVE-NATIONAL GUARD EMPLOYEE CREDIT.

       ``(a) General Rule.--For purposes of section 38, in the 
     case of an eligible taxpayer, the Ready Reserve-National 
     Guard employee credit determined under this section for any 
     taxable year with respect to each Ready Reserve-National 
     Guard employee of such taxpayer is an amount equal to 50 
     percent of the lesser of--
       ``(1) the actual compensation amount with respect to such 
     employee for such taxable year, or
       ``(2) $30,000.
       ``(b) Definition of Actual Compensation Amount.--For 
     purposes of this section, the term `actual compensation 
     amount' means the amount of compensation paid or incurred by 
     an eligible taxpayer with respect to a Ready Reserve-National 
     Guard employee on any day when the employee was absent from 
     employment for the purpose of performing qualified active 
     duty.
       ``(c) Limitations.--No credit shall be allowed with respect 
     to any day that a Ready Reserve-National Guard employee who 
     performs qualified active duty was not scheduled to work (for 
     reason other than to participate in qualified active duty).
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Eligible taxpayer.--
       ``(A) In general.--The term `eligible taxpayer' means a 
     small business employer.
       ``(B) Small business employer.--
       ``(i) In general.--The term `small business employer' 
     means, with respect to any taxable year, any employer who 
     employed an average of 50 or fewer employees on business days 
     during such taxable year.
       ``(ii) Controlled groups.--For purposes of clause (i), all 
     persons treated as a single employer under subsection (b), 
     (c), (m), or (o) of section 414 shall be treated as a single 
     employer.
       ``(2) Qualified active duty.--The term `qualified active 
     duty' means--
       ``(A) active duty under an order or call for a period in 
     excess of 179 days or for an indefinite period, other than 
     the training duty specified in section 10147 of title 10, 
     United States Code (relating to training requirements for the 
     Ready Reserve), or section 502(a) of title 32, United States 
     Code (relating to required drills and field exercises for the 
     National Guard), in connection with which an employee is 
     entitled to reemployment rights and other benefits or to a 
     leave of absence from employment under chapter 43 of title 
     38, United States Code, and
       ``(B) hospitalization incident to such duty.
       ``(3) Compensation.--The term `compensation' means any 
     remuneration for employment, whether in cash or in kind, 
     which is paid or incurred by a taxpayer and which is 
     deductible from the taxpayer's gross income under section 
     162(a)(1).
       ``(4) Ready reserve-national guard employee.--The term 
     `Ready Reserve-National Guard employee' means an employee who 
     is a member of the Ready Reserve of a reserve component of an 
     Armed Force of the United States as described in sections 
     10142 and 10101 of title 10, United States Code.
       ``(5) Certain rules to apply.--Rules similar to the rules 
     of section 52 shall apply.
       ``(e) Termination.--This section shall not apply to any 
     amount paid or incurred after December 31, 2005.''.
       (2) Credit to be part of general business credit.--
     Subsection (b) of section 38 of the Internal Revenue Code of 
     1986 (relating to general business credit) is amended by 
     striking ``plus'' at the end of paragraph (18), by striking 
     the period at the end of paragraph (19) and inserting ``, 
     plus'', and by adding at the end the following:
       ``(20) the Ready Reserve-National Guard employee credit 
     determined under section 45J(a).''.
       (3) Denial of double benefit.--Section 280C(a) of the 
     Internal Revenue Code of 1986 (relating to rule for 
     employment credits) is amended by inserting ``45J(a),'' after 
     ``45A(a),''.
       (4) Conforming amendment.--The table of sections for 
     subpart D of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     the item relating to section 45I the following:

``Sec. 45J. Ready Reserve-National Guard employee credit.''.
       (5) Effective date.--The amendments made by this subsection 
     shall apply to amounts paid or incurred after September 30, 
     2004, in taxable years ending after such date.
       (b) Ready Reserve-National Guard Replacement Employee 
     Credit.--
       (1) In general.--Paragraph (1) of section 51(d) of the 
     Internal Revenue Code of 1986 (relating to members of 
     targeted groups) is amended by striking ``or'' at the end of 
     subparagraph (G), by striking the period at the end of 
     subparagraph (H) and inserting ``, or'' and by adding at the 
     end the following new subparagraph:
       ``(I) a qualified replacement employee.''.
       (2) Qualified replacement employee.--Section 51(d) of the 
     Internal Revenue Code of 1986 is amended by redesignating 
     paragraphs (10), (11), and (12) as paragraphs (11), (12), and 
     (13), respectively, and by inserting after paragraph (9) the 
     following new paragraph:
       ``(10) Qualified replacement employee.--
       ``(A) In general.--The term `qualified replacement 
     employee' means an individual who is certified by the 
     designated local agency as being hired by an eligible 
     taxpayer to replace a Ready Reserve-National Guard employee 
     of such taxpayer, but only with respect to the period during 
     which such Ready Reserve-National Guard employee participates 
     in qualified active duty, including time spent in travel 
     status.
       ``(B) General definitions and special rules.--For purposes 
     of this paragraph--
       ``(i) Eligible taxpayer.--The term `eligible taxpayer' 
     means a small business employer.
       ``(ii) Small business employer.--

       ``(I) In general.--The term `small business employer' 
     means, with respect to any taxable year, any employer who 
     employed an average of 50 or fewer employees on business days 
     during such taxable year.
       ``(II) Controlled groups.--For purposes of subclause (I), 
     all persons treated as a single employer under subsection 
     (b), (c), (m), or (o) of section 414 shall be treated as a 
     single employer.

       ``(iii) Ready reserve-national guard employee.--The term 
     `Ready Reserve-National Guard employee' has the meaning given 
     such term by section 45J(d)(3).
       ``(iv) Qualified active duty.--The term `qualified active 
     duty' has the meaning given such term by section 45J(d)(1).
       ``(C) Disallowance for failure to comply with employment or 
     reemployment rights of members of the reserve components of 
     the armed forces of the united states.--No credit shall be 
     allowed under subsection (a) by reason of paragraph (1)(I) to 
     a taxpayer for--
       ``(i) any taxable year, beginning after the date of the 
     enactment of this section, in which the taxpayer is under a 
     final order, judgment, or other process issued or required by 
     a district court of the United States under section 4323 of 
     title 38 of the United States Code with respect to a 
     violation of chapter 43 of such title, and
       ``(ii) the 2 succeeding taxable years.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to amounts paid or incurred to an individual who 
     begins work for the employer after September 30, 2004.
       (c) Study by GAO.--
       (1) In general.--The Comptroller General of the United 
     States shall study the following:
       (A) What, if any, problems exist in recruiting individuals 
     for a reserve component of an Armed Force of the United 
     States.
       (B) What, if any, problems exist as the result of providing 
     differential wage payments (as defined in section 3401(i)(2) 
     of the Internal Revenue Code of 1986 (as added by this Act)) 
     to individuals described in subparagraph (A) in the 
     recruitment and retention of individuals as regular members 
     of the Armed Forces of the United States.
       (C) Whether the credit allowed under section 45J of the 
     Internal Revenue Code of 1986 (as added by this section) is 
     an effective incentive for the hiring and retention of 
     employees who are individuals described in subparagraph (A) 
     and whether there exists any compliance problems in the 
     administration of such credit.
       (2) Report.--The Comptroller General of the United States 
     shall report on the results of the study required under 
     paragraph (1) to the Committee of Finance of the Senate and 
     the Committee on Ways and Means of the House of 
     Representatives before July 1, 2005.

     SEC. 6. PENALTY FREE WITHDRAWALS FROM RETIREMENT PLANS FOR 
                   VICTIMS OF FEDERALLY DECLARED NATURAL 
                   DISASTERS.

       (a) In General.--Paragraph (2) of section 72(t) of the 
     Internal Revenue Code of 1986 (relating to 10-percent 
     additional tax on early distributions from qualified 
     retirement plans), as amended by this Act, is amended by 
     adding at the end the following new subparagraph:
       ``(H) Distributions from retirement plans to victims of 
     federally declared natural disasters.--
       ``(i) In general.--Any qualified disaster-relief 
     distribution.
       ``(ii) Qualified disaster-relief distribution.--For 
     purposes of this subparagraph, the term `qualified disaster-
     relief distribution' means any distribution to an individual 
     who has sustained a loss in excess of $100 as a result of a 
     major disaster declared under the Robert T. Stafford Disaster 
     Relief and Emergency Assistance Act--

       ``(I) if such distribution is made from any qualified 
     retirement plan (as defined in section 4974(c)) during the 1-
     year period beginning on the date such declaration is made, 
     and
       ``(II) to the extent such distribution does not exceed the 
     amount of such loss and is not compensated for by insurance 
     or otherwise.

     For purposes of subclause (II), the amount of any loss shall 
     be determined using the greater of the fair market value of 
     the property on the day before the date of such disaster or 
     the adjusted basis of the property as provided in section 
     1011, less any compensation for such loss that the individual 
     has received as of the date of such distribution and any 
     compensation for such loss that the individual expects to 
     receive, based on a reasonable estimate. Any difference 
     between the

[[Page S11319]]

     amount of compensation that an individual expects to receive 
     on the basis of such an estimate and actually receives shall 
     not be included in the individual's gross income.''.
       (b) Exemption of Distributions from Withholding.--Paragraph 
     (4) of section 402(c) of the Internal Revenue Code of 1986 
     (relating to eligible rollover distribution) is amended by 
     striking ``and'' at the end of subparagraph (B), by striking 
     the period at the end of subparagraph (C) and inserting ``, 
     and'', and by inserting at the end the following new 
     subparagraph:
       ``(D) any qualified disaster-relief distribution (within 
     the meaning of section 72(t)(2)(H).''.
       (c) Conforming Amendments.--
       (1) Section 401(k)(2)(B)(i) of the Internal Revenue Code of 
     1986 is amended by striking ``or'' at the end of subclause 
     (III), by striking ``and'' at the end of subclause (IV) and 
     inserting ``or'', and by inserting after subclause (IV) the 
     following new subclause:

       ``(V) the date on which a period referred to in section 
     72(t)(2)(H)(ii)(I) begins (but only to the extent provided in 
     section 72(t)(2)(H)), and''.

       (2) Section 403(b)(7)(A)(ii) of such Code is amended by 
     inserting ``sustains a loss as a result of a major disaster 
     declared under the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (but only to the extent provided in 
     section 72(t)(2)(H)),'' before ``or''.
       (3) Section 403(b)(11) of such Code is amended by striking 
     ``or'' at the end of subparagraph (A), by striking the period 
     at the end of subparagraph (B) and inserting ``, or'', and by 
     inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) for distributions to which section 72(t)(2)(H) 
     applies.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to distributions received in taxable years 
     beginning after December 31, 2003.
                                 ______
                                 
  SA 4062. Mr. FRIST (for Mr. Conrad) proposed an amendment to the 
concurrent resolution S. Con. Res. 136, honoring and memorializing the 
passengers and crew of United Airlines Flight 93; as follows:

       Beginning on page 2, strike line 10 and all that follows 
     through page 3, line 8, and insert the following:
       (3) not later than January 1, 2006, the Speaker of the 
     House of Representatives, the minority leader of the House of 
     Representatives, the majority leader of the Senate, and the 
     minority leader of the Senate shall select an appropriate 
     memorial that shall be located in the United States Capitol 
     Building and that shall honor the passengers and crew of 
     Flight 93, who saved the United States Capitol Building from 
     destruction; and
       (4) the memorial shall state the purpose of the honor and 
     the names of the passengers and crew of Flight 93 on whom the 
     honor is bestowed.
                                 ______
                                 
  SA 4063. Mr. FRIST (for Mr. Fitzgerald) proposed an amendment to the 
bill S. 2688, to provide for a report of Federal entities without 
annually audited financial statements; as follows:

       On page 2, line 10, strike ``60 days'' and insert ``120 
     days''.
       On page 3, line 2, insert after ``temporary commissions'' 
     the following: ``in existence at least 12 months''.
       On page 3, strike beginning with line 9 through page 4, 
     line 4, and insert the following:
       (3) an assessment of the capability of and the costs that 
     would be incurred for Federal entities of the categories 
     listed under paragraphs (1) and (2) to prepare annual 
     financial statements and to have such statements 
     independently audited;
       (4) an assessment of how to reduce the costs of preparing 
     the financial statements and performing independent audits 
     for Federal entities of the categories listed under 
     paragraphs (1) and (2); and
       (5) an assessment of the benefits of improved financial 
     oversight encompassing the executive branch, including the 
     Federal entities of the categories listed under paragraphs 
     (1) and (2), and an assessment of the feasibility of 
     preparing annual financial statements and independently 
     audited statements for the Federal entities in the categories 
     listed under paragraphs (1) and (2).
                                 ______
                                 
  SA 4064. Mr. FRIST (for Mr. Lieberman) proposed an amendment to the 
bill S. 2691, to establish the Long Island Sound Stewardship 
Initiative; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Long Island Sound 
     Stewardship Act of 2004''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) Long Island Sound is a national treasure of great 
     cultural, environmental, and ecological importance;
       (2) 8,000,000 people live within the Long Island Sound 
     watershed and 28,000,000 people (approximately 10 percent of 
     the population of the United States) live within 50 miles of 
     Long Island Sound;
       (3) activities that depend on the environmental health of 
     Long Island Sound contribute more than $5,000,000,000 each 
     year to the regional economy;
       (4) the portion of the shoreline of Long Island Sound that 
     is accessible to the general public (estimated at less than 
     20 percent of the total shoreline) is not adequate to serve 
     the needs of the people living in the area;
       (5) existing shoreline facilities are in many cases 
     overburdened and underfunded;
       (6) large parcels of open space already in public ownership 
     are strained by the effort to balance the demand for 
     recreation with the needs of sensitive natural resources;
       (7) approximately \1/3\ of the tidal marshes of Long Island 
     Sound have been filled, and much of the remaining marshes 
     have been ditched, dyked, or impounded, reducing the 
     ecological value of the marshes; and
       (8) much of the remaining exemplary natural landscape is 
     vulnerable to further development.
       (b) Purpose.--The purpose of this Act is to establish the 
     Long Island Sound Stewardship Initiative to identify, 
     protect, and enhance sites within the Long Island Sound 
     ecosystem with significant ecological, educational, open 
     space, public access, or recreational value through a bi-
     State network of sites best exemplifying these values.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Adaptive management.--The term ``adaptive management'' 
     means a scientific process--
       (A) for--
       (i) developing predictive models;
       (ii) making management policy decisions based upon the 
     model outputs;
       (iii) revising the management policies as data become 
     available with which to evaluate the policies; and
       (iv) acknowledging uncertainty, complexity, and variance in 
     the spatial and temporal aspects of natural systems; and
       (B) that requires that management be viewed as 
     experimental.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (3) Committee.--The term ``Committee'' means the Long 
     Island Sound Stewardship Advisory Committee established by 
     section 5(a).
       (4) Region.--The term ``Region'' means the Long Island 
     Sound Stewardship Initiative Region established by section 
     4(a).
       (5) States.--The term ``States'' means the States of 
     Connecticut and New York.
       (6) Stewardship site.--The term ``stewardship site'' means 
     a site that--
       (A) qualifies for identification by the Committee under 
     section 8; and
       (B) is an area of land or water or a combination of land 
     and water--
       (i) that is in the Region; and
       (ii) that is--

       (I) Federal, State, local, or tribal land or water;
       (II) land or water owned by a nonprofit organization; or
       (III) privately owned land or water.

       (7) Systematic site selection.--The term ``systematic site 
     selection'' means a process of selecting stewardship sites 
     that--
       (A) has explicit goals, methods, and criteria;
       (B) produces feasible, repeatable, and defensible results;
       (C) provides for consideration of natural, physical, and 
     biological patterns,
       (D) addresses reserve size, replication, connectivity, 
     species viability, location, and public recreation values;
       (E) uses geographic information systems technology and 
     algorithms to integrate selection criteria; and
       (F) will result in achieving the goals of stewardship site 
     selection at the lowest cost.
       (8) Threat.--The term ``threat'' means a threat that is 
     likely to destroy or seriously degrade a conservation target 
     or a recreation area.

     SEC. 4. LONG ISLAND SOUND STEWARDSHIP INITIATIVE REGION.

       (a) Establishment.--There is established in the States the 
     Long Island Sound Stewardship Initiative Region.
       (b) Boundaries.--The Region shall encompass the immediate 
     coastal upland and underwater areas along Long Island Sound, 
     including those portions of the Sound with coastally 
     influenced vegetation, as described on the map entitled the 
     ``Long Island Sound Stewardship Region'' and dated April 21, 
     2004.

     SEC. 5. LONG ISLAND SOUND STEWARDSHIP ADVISORY COMMITTEE.

       (a) Establishment.--There is established a committee to be 
     known as the ``Long Island Sound Stewardship Advisory 
     Committee''.
       (b) Chairperson.--The Chairperson of the Committee shall be 
     the Director of the Long Island Sound Office of the 
     Environmental Protection Agency, or a designee of the 
     Director.
       (c) Membership.--
       (1) Composition.--
       (A) Appointment of members.--
       (i) In general.--The Chairperson shall appoint the members 
     of the Committee in accordance with this subsection and 
     section 320(c) of the Federal Water Pollution Control Act (33 
     U.S.C. 1330(c)).
       (ii) Additional members.--In addition to the requirements 
     described in clause (i), the Committee shall include--

       (I) a representative from the Regional Plan Association;
       (II) a representative of the marine trade organizations; 
     and
       (III) a representative of private landowner interests.

[[Page S11320]]

       (B) Representation.--In appointing members to the 
     Committee, the Chairperson shall consider--
       (i) Federal, State, and local government interests;
       (ii) the interests of nongovernmental organizations;
       (iii) academic interests; and
       (iv) private interests.
       (2) Date of appointments.--Not later than 180 days after 
     the date of enactment of this Act, the appointment of all 
     members of the Committee shall be made.
       (d) Term; Vacancies.--
       (1) Term.--
       (A) In general.--A member shall be appointed for a term of 
     4 years.
       (B) Multiple terms.--A person may be appointed as a member 
     of the Committee for more than 1 term.
       (2) Vacancies.--A vacancy on the Committee shall--
       (A) be filled not later than 90 days after the vacancy 
     occurs;
       (B) not affect the powers of the Committee; and
       (C) be filled in the same manner as the original 
     appointment was made.
       (3) Staff.--
       (A) In general.--The Chairperson of the Committee may 
     appoint and terminate personnel as necessary to enable the 
     Committee to perform the duties of the Committee.
       (B) Personnel as federal employees.--
       (i) In general.--Any personnel of the Committee who are 
     employees of the Committee shall be employees under section 
     2105 of title 5, United States Code, for purposes of chapters 
     63, 81, 83, 84, 85, 87, 89, and 90 of that title.
       (ii) Members of committee.--Clause (i) does not apply to 
     members of the Committee.
       (e) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Committee have been appointed, 
     the Committee shall hold the initial meeting of the 
     Committee.
       (f) Meetings.--The Committee shall meet at the call of the 
     Chairperson, but no fewer than 4 times each year.
       (g) Quorum.--A majority of the members of the Committee 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.

     SEC. 6. DUTIES OF THE COMMITTEE.

       The Committee shall--
       (1) consistent with the guidelines described in section 8--
       (A) evaluate applications from government or nonprofit 
     organizations qualified to hold conservation easements for 
     funds to purchase land or development rights for stewardship 
     sites;
       (B) evaluate applications to develop and implement 
     management plans to address threats;
       (C) evaluate applications to act on opportunities to 
     protect and enhance stewardship sites; and
       (D) recommend that the Administrator award grants to 
     qualified applicants;
       (2) recommend guidelines, criteria, schedules, and due 
     dates for evaluating information to identify stewardship 
     sites;
       (3) publish a list of sites that further the purposes of 
     this Act, provided that owners of sites shall be--
       (A) notified prior to the publication of the list; and
       (B) allowed to decline inclusion on the list;
       (4) raise awareness of the values of and threats to these 
     sites; and
       (5) leverage additional resources for improved stewardship 
     of the Region.

     SEC. 7. POWERS OF THE COMMITTEE.

       (a) Hearings.--The Committee may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Committee considers advisable to 
     carry out this Act.
       (b) Information From Federal Agencies.--
       (1) In general.--The Committee may secure directly from a 
     Federal agency such information as the Committee considers 
     necessary to carry out this Act.
       (2) Provision of information.--
       (A) In general.--Subject to subparagraph (C), on request of 
     the Chairperson of the Committee, the head of a Federal 
     agency shall provide the information requested by the 
     Chairperson to the Committee.
       (B) Administration.--The furnishing of information by a 
     Federal agency to the Committee shall not be considered a 
     waiver of any exemption available to the agency under section 
     552 of title 5, United States Code.
       (C) Information to be kept confidential.--
       (i) In general.--For purposes of section 1905 of title 18, 
     United States Code--

       (I) the Committee shall be considered an agency of the 
     Federal Government; and
       (II) any individual employed by an individual, entity, or 
     organization that is a party to a contract with the Committee 
     under this Act shall be considered an employee of the 
     Committee.

       (ii) Prohibition on disclosure.--Information obtained by 
     the Committee, other than information that is available to 
     the public, shall not be disclosed to any person in any 
     manner except to an employee of the Committee as described in 
     clause (i), for the purpose of receiving, reviewing, or 
     processing the information.
       (c) Postal Services.--The Committee may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (d) Donations.--The Committee may accept, use, and dispose 
     of donations of services or property that advance the goals 
     of the Long Island Sound Stewardship Initiative.

     SEC. 8. STEWARDSHIP SITES.

       (a) Initial Sites.--
       (1) Identification.--
       (A) In general.--The Committee shall identify 20 initial 
     Long Island Sound stewardship sites that the Committee has 
     determined--
       (i)(I) are natural resource-based recreation areas; or
       (II) are exemplary natural areas with ecological value; and
       (ii) best promote the purposes of this Act.
       (B) Exemption.--Sites described in subparagraph (A) are not 
     subject to the site identification process described in 
     subsection (d).
       (2) Equitable distribution of funds for initial sites.--In 
     identifying initial sites under paragraph (1), the Committee 
     shall exert due diligence to recommend an equitable 
     distribution of funds between the States for the initial 
     sites.
       (b) Application for Identification as a Stewardship Site.--
     Subsequent to the identification of the initial stewardship 
     sites under subsection (a), owners of sites may submit 
     applications to the Committee in accordance with subsection 
     (c) to have the sites identified as stewardship sites.
       (c) Identification.--The Committee shall review 
     applications submitted by owners of potential stewardship 
     sites to determine whether the sites shall be identified as 
     exhibiting values consistent with the purposes of this Act.
       (d) Site Identification Process.--
       (1) Natural resource-based recreation areas.--The Committee 
     shall identify additional recreation areas with potential as 
     stewardship sites using a selection technique that includes--
       (A) public access;
       (B) community support;
       (C) areas with high population density;
       (D) environmental justice (as defined in section 385.3 of 
     title 33, Code of Federal Regulations (or successor 
     regulations));
       (E) connectivity to existing protected areas and open 
     spaces;
       (F) cultural, historic, and scenic areas; and
       (G) other criteria developed by the Committee.
       (2) Natural areas with ecological value.--The Committee 
     shall identify additional natural areas with ecological value 
     and potential as stewardship sites--
       (A) based on measurable conservation targets for the 
     Region; and
       (B) following a process for prioritizing new sites using 
     systematic site selection, which shall include--
       (i) ecological uniqueness;
       (ii) species viability;
       (iii) habitat heterogeneity;
       (iv) size;
       (v) quality;
       (vi) connectivity to existing protected areas and open 
     spaces;
       (vii) land cover;
       (viii) scientific, research, or educational value;
       (ix) threats; and
       (x) other criteria developed by the Committee.
       (3) Publication of list.--After completion of the site 
     identification process, the Committee shall--
       (A) publish in the Federal Register a list of sites that 
     further the purposes of this Act; and
       (B) prior to publication of the list, provide to owners of 
     the sites to be published--
       (i) a notification of publication; and
       (ii) an opportunity to decline inclusion of the site of the 
     owner on the list.
       (4) Deviation from process.--
       (A) In general.--The Committee may identify as a potential 
     stewardship site, a site that does not meet the criteria in 
     paragraph (1) or (2), or reject a site selected under 
     paragraph (1) or (2), if the Committee--
       (i) selects a site that makes significant ecological or 
     recreational contributions to the Region;
       (ii) publishes the reasons that the Committee decided to 
     deviate from the systematic site selection process; and
       (iii) before identifying or rejecting the potential 
     stewardship site, provides to the owners of the site the 
     notification of publication, and the opportunity to decline 
     inclusion of the site on the list published under paragraph 
     (3)(A), described in paragraph (3)(B).
       (5) Public comment.--In identifying potential stewardship 
     sites, the Committee shall consider public comments.
       (e) General Guidelines for Management.--
       (1) In general.--The Committee shall use an adaptive 
     management framework to identify the best policy initiatives 
     and actions through--
       (A) definition of strategic goals;
       (B) definition of policy options for methods to achieve 
     strategic goals;
       (C) establishment of measures of success;
       (D) identification of uncertainties;
       (E) development of informative models of policy 
     implementation;
       (F) separation of the landscape into geographic units;
       (G) monitoring key responses at different spatial and 
     temporal scales; and
       (H) evaluation of outcomes and incorporation into 
     management strategies.

[[Page S11321]]

       (2) Application of adaptive management framework.--The 
     Committee shall apply the adaptive management framework to 
     the process for updating the list of recommended stewardship 
     sites.

     SEC. 9. REPORTS.

       (a) In General.--For each of fiscal years 2006 through 
     2013, the Committee shall submit to the Administrator an 
     annual report that contains--
       (1) a detailed statement of the findings and conclusions of 
     the Committee since the last report;
       (2) a description of all sites recommended by the Committee 
     to be approved as stewardship sites;
       (3) the recommendations of the Committee for such 
     legislation and administrative actions as the Committee 
     considers appropriate; and
       (4) in accordance with subsection (b), the recommendations 
     of the Committee for the awarding of grants.
       (b) General Guidelines for Recommendations.--
       (1) In general.--The Committee shall recommend that the 
     Administrator award grants to qualified applicants to help to 
     secure and improve the open space, public access, or 
     ecological values of stewardship sites, through--
       (A) purchase of the property of the site;
       (B) purchase of relevant property rights of the site; or
       (C) entering into any other binding legal arrangement that 
     ensures that the values of the site are sustained, including 
     entering into an arrangement with a land manager or owner to 
     develop or implement an approved management plan that is 
     necessary for the conservation of natural resources.
       (2) Equitable distribution of funds.--The Committee shall 
     exert due diligence to recommend an equitable distribution of 
     funds between the States.
       (c) Action by the Administrator.--
       (1) In general.--Not later than 90 days after receiving a 
     report under subsection (a), the Administrator shall--
       (A) review the recommendations of the Committee; and
       (B) take actions consistent with the recommendations of the 
     Committee, including the approval of identified stewardship 
     sites and the award of grants, unless the Administrator makes 
     a finding that any recommendation is unwarranted by the 
     facts.
       (2) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Administrator shall develop and 
     publish a report that--
       (A) assesses the current resources of and threats to Long 
     Island Sound;
       (B) assesses the role of the Long Island Sound Stewardship 
     Initiative in protecting Long Island Sound;
       (C) establishes guidelines, criteria, schedules, and due 
     dates for evaluating information to identify stewardship 
     sites;
       (D) includes information about any grants that are 
     available for the purchase of land or property rights to 
     protect stewardship sites;
       (E) accounts for funds received and expended during the 
     previous fiscal year;
       (F) shall be made available to the public on the Internet 
     and in hardcopy form; and
       (G) shall be updated at least every other year, except that 
     information on funding and any new stewardship sites 
     identified shall be published more frequently.

     SEC. 10. PRIVATE PROPERTY PROTECTION.

       (a) Access to Private Property.--Nothing in this Act--
       (1) requires any private property owner to allow public 
     access (including Federal, State, or local government access) 
     to the private property; or
       (2) modifies any provision of Federal, State, or local law 
     with regard to public access to or use of private property, 
     except as entered into by voluntary agreement of the owner or 
     custodian of the property.
       (b) Liability.--Approval of the Long Island Sound 
     Stewardship Initiative Region does not create any liability, 
     or have any effect on any liability under any other law, of 
     any private property owner with respect to any person injured 
     on the private property.
       (c) Recognition of Authority to Control Land Use.--Nothing 
     in this Act modifies the authority of Federal, State, or 
     local governments to regulate land use.
       (d) Participation of Private Property Owners in the Long 
     Island Sound Stewardship Initiative Region.--Nothing in this 
     Act requires the owner of any private property located within 
     the boundaries of the Region to participate in or be 
     associated with the Initiative.
       (e) Effect of Establishment.--
       (1) In general.--The boundaries approved for the Region 
     represent the area within which Federal funds appropriated 
     for the purpose of this Act may be expended.
       (2) Regulatory authority.--The establishment of the Region 
     and the boundaries of the Region does not provide any 
     regulatory authority not in existence on the date of 
     enactment of this Act on land use in the Region by any 
     management entity, except for such property rights as may be 
     purchased from or donated by the owner of the property 
     (including the Federal Government or a State or local 
     government, if applicable).

     SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $25,000,000 for each of fiscal years 2006 
     through 2013.
       (b) Use of Funds.--For each fiscal year, funds made 
     available under subsection (a) shall be used by the 
     Administrator, after reviewing the recommendations of the 
     Committee submitted under section 9, for--
       (1) acquisition of land and interests in land;
       (2) development and implementation of site management 
     plans;
       (3) site enhancements to reduce threats or promote 
     stewardship; and
       (4) administrative expenses of the Committee.
       (c) Federal Share.--The Federal share of the cost of an 
     activity carried out using any assistance or grant under this 
     Act shall not exceed 75 percent of the total cost of the 
     activity.

     SEC. 12. LONG ISLAND SOUND AUTHORIZATION OF APPROPRIATIONS.

       Section 119(f) of the Federal Water Pollution Control Act 
     (33 U.S.C. 1269(f)) is amended by striking ``2005'' each 
     place it appears and inserting ``2009''.

     SEC. 13. TERMINATION OF COMMITTEE.

       The Committee shall terminate on December 31, 2013.
                                 ______
                                 
  SA 4065. Mr. FRIST (for Mr. Smith) proposed an amendment to the 
concurrent resolution S. Con. Res. 113, recognizing the importance of 
early diagnosis, proper treatment, and enhanced public awareness of 
Tourette Syndrome and supporting the goals and ideals of National 
Tourette Syndrome Awareness Month; as follows:

       Strike all after the resolving clause and insert the 
     following:
     That Congress--
       (1) recognizes the impact that Tourette Syndrome can have 
     on people living with the disorder;
       (2) recognizes the importance of an early diagnosis and 
     proper treatment of Tourette Syndrome;
       (3) recognizes the need for enhanced public awareness of 
     Tourette Syndrome; and
       (4) supports the goals and ideals of National Tourette 
     Syndrome Awareness Month.
                                 ______
                                 
  SA 4066. Mr. FRIST (for Mr. Smith) proposed an amendment to the 
concurrent resolution S. Con. Res. 113, recognizing the importance of 
early diagnosis, proper treatment, and enhanced public awareness of 
Tourette Syndrome and supporting the goals and ideals of National 
Tourette Syndrome Awareness Month; as follows:

       Strike the preamble and insert the following:
       Whereas Tourette Syndrome is an inherited neurological 
     disorder characterized by involuntary and sudden movements or 
     repeated vocalizations;
       Whereas approximately 200,000 people in the United States 
     have been diagnosed with Tourette Syndrome and many more 
     remain undiagnosed;
       Whereas lack of public awareness has increased the social 
     stigma attached to Tourette Syndrome;
       Whereas early diagnosis and treatment of Tourette Syndrome 
     can prevent physical and psychological harm;
       Whereas there is not known cure for Tourette Syndrome and 
     treatment involves multiple medications and therapies; and
       Whereas May 15 through June 15 has been designated as 
     National Tourette Syndrome Awareness Month, the goal of which 
     is to educate the public about the nature and effects of 
     Tourette Syndrome; Now, therefore, be it ...
                                 ______
                                 
  SA 4067. Mr. FRIST (for Mr. Smith) proposed an amendment to the 
concurrent resolution S. Con. Res. 113, recognizing the importance of 
early diagnosis, proper treatment, and enhanced public awareness of 
Tourette Syndrome and supporting the goals and ideals of National 
Tourette Syndrome Awareness Month; as follows:

       Amend the title so as to read ``Recognizing the importance 
     of early diagnosis, proper treatment, and enhanced public 
     awareness of Tourette Syndrome and supporting the goals and 
     ideas of National Tourette Syndrome Awareness Month.''

                          ____________________