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107hconres470ih
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Supporting the goals and ideals of College Savings Month.
[ { "text": "That Congress supports the goals and ideals of College Savings Month.", "id": "H785BEBAD33F24DECBB4FE9E03D13367D", "header": null } ]
1
That Congress supports the goals and ideals of College Savings Month.
69
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Expressing the sense of the Congress in support of Breast Cancer Awareness Month, and for other purposes.
[ { "text": "That it is the sense of Congress that— (1) Breast Cancer Awareness Month provides a special opportunity to provide education about the importance of monthly breast self-examinations and annual mammograms; (2) it is appropriate to salute the more than 2,000,000 breast cancer survivors in the United States and the efforts of victims, volunteers, and professionals who combat breast cancer each day; (3) national and community organizations should be recognized and applauded for their work in promoting awareness about breast cancer and for providing information and treatment to its sufferers; and (4) organizations and health practicioners are urged to use this opportunity to promote awareness, monthly self-examinations, and annual mammograms.", "id": "H4E1ADD5591BA465782512DC9A2BF1E7", "header": null } ]
1
That it is the sense of Congress that— (1) Breast Cancer Awareness Month provides a special opportunity to provide education about the importance of monthly breast self-examinations and annual mammograms; (2) it is appropriate to salute the more than 2,000,000 breast cancer survivors in the United States and the efforts of victims, volunteers, and professionals who combat breast cancer each day; (3) national and community organizations should be recognized and applauded for their work in promoting awareness about breast cancer and for providing information and treatment to its sufferers; and (4) organizations and health practicioners are urged to use this opportunity to promote awareness, monthly self-examinations, and annual mammograms.
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Expressing the sense of Congress that Lionel Hampton should be honored for his contributions to American music
[ { "text": "That it is the sense of Congress that Lionel Hampton should be honored for his contributions to American music and for his work as an ambassador of goodwill and democracy.", "id": "H587C54344F284A0F8DB150E1CF91C945", "header": null } ]
1
That it is the sense of Congress that Lionel Hampton should be honored for his contributions to American music and for his work as an ambassador of goodwill and democracy.
171
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Expressing the sense of Congress that Congress should raise awareness of domestic violence in the Nation by supporting the goals and ideals of National Domestic Violence Awareness Month.
[ { "text": "That it is the sense of Congress that Congress should raise awareness of domestic violence in the Nation by supporting the goals and ideals of National Domestic Violence Awareness Month.", "id": "H1D79E54607A645988E2D133CA8001300", "header": null } ]
1
That it is the sense of Congress that Congress should raise awareness of domestic violence in the Nation by supporting the goals and ideals of National Domestic Violence Awareness Month.
186
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Supporting the goals and ideas of National Take Your Kids to Vote Day.
[ { "text": "That the Congress— (1) supports the goals and ideas of National Take Your Kids to Vote Day; (2) encourages all parents with children who are younger than 18 years of age to talk to their children about the importance of voting and, if possible, take their children to the polls; and (3) requests that the President issue a proclamation calling on the people of the United States to conduct appropriate ceremonies, activities, and programs to promote voting as a family tradition.", "id": "HC023435AD6A34EA088796E1FB9904EFD", "header": null } ]
1
That the Congress— (1) supports the goals and ideas of National Take Your Kids to Vote Day; (2) encourages all parents with children who are younger than 18 years of age to talk to their children about the importance of voting and, if possible, take their children to the polls; and (3) requests that the President issue a proclamation calling on the people of the United States to conduct appropriate ceremonies, activities, and programs to promote voting as a family tradition.
479
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Condemning the Democratic People’s Republic of Korea for its failure to comply with the Treaty on the Non-Proliferation of Nuclear Weapons and the U.S.-North Korea Agreed Framework of 1994.
[ { "text": "That Congress— (1) calls on the Democratic People's Republic of Korea (North Korea), as a signatory of the Treaty on the Non-Proliferation of Nuclear Weapons, to comply with Articles II, III and VI of that Treaty; (2) calls on North Korea, as a signatory of the U.S.-North Korea Agreed Framework of 1994, to honor commitments to freeze nuclear programs; (3) calls on North Korea, as a signatory of the Agreed Framework of 1994, to allow the International Atomic Energy Agency (IAEA) to carry out inspections under conditions stipulated in the Agreed Framework of 1994; (4) commends the members of the Korean Peninsula Energy Development Organization (KEDO) for honoring and upholding commitments to advance the implementation of the Agreed Framework of 1994; (5) calls on North Korea to comply with United Nations Security Council Resolution 984 (April 11, 1995) and comply fully with its obligations under the Non-Proliferation Treaty; (6) calls on North Korea, as a member of the United Nations, to comply with United Nations General Assembly Resolution 50/9 (November 1, 1995) to cooperate fully with the IAEA; (7) calls on the IAEA to report to the United Nations General Assembly, not later than one year after the date of the adoption of this concurrent resolution, on the status of North Korea's compliance with inspections; (8) calls on members of KEDO to suspend construction of the light water reactor in North Korea, including to suspend funding of such construction, and to suspend shipment of heavy fuel oil to North Korea if the IAEA report submitted pursuant to paragraph (7) indicates non-compliance by North Korea; and (9) calls on the Russian Federation, the People's Republic of China, Japan, the Republic of Korea, and other concerned countries to support the suspension of the commitment by the United States under the U.S.-North Korea Agreed Framework of 1994 pending compliance by North Korea with inspections criteria by the IAEA.", "id": "HD897B336027642D686B943D5EADF431", "header": null } ]
1
That Congress— (1) calls on the Democratic People's Republic of Korea (North Korea), as a signatory of the Treaty on the Non-Proliferation of Nuclear Weapons, to comply with Articles II, III and VI of that Treaty; (2) calls on North Korea, as a signatory of the U.S.-North Korea Agreed Framework of 1994, to honor commitments to freeze nuclear programs; (3) calls on North Korea, as a signatory of the Agreed Framework of 1994, to allow the International Atomic Energy Agency (IAEA) to carry out inspections under conditions stipulated in the Agreed Framework of 1994; (4) commends the members of the Korean Peninsula Energy Development Organization (KEDO) for honoring and upholding commitments to advance the implementation of the Agreed Framework of 1994; (5) calls on North Korea to comply with United Nations Security Council Resolution 984 (April 11, 1995) and comply fully with its obligations under the Non-Proliferation Treaty; (6) calls on North Korea, as a member of the United Nations, to comply with United Nations General Assembly Resolution 50/9 (November 1, 1995) to cooperate fully with the IAEA; (7) calls on the IAEA to report to the United Nations General Assembly, not later than one year after the date of the adoption of this concurrent resolution, on the status of North Korea's compliance with inspections; (8) calls on members of KEDO to suspend construction of the light water reactor in North Korea, including to suspend funding of such construction, and to suspend shipment of heavy fuel oil to North Korea if the IAEA report submitted pursuant to paragraph (7) indicates non-compliance by North Korea; and (9) calls on the Russian Federation, the People's Republic of China, Japan, the Republic of Korea, and other concerned countries to support the suspension of the commitment by the United States under the U.S.-North Korea Agreed Framework of 1994 pending compliance by North Korea with inspections criteria by the IAEA.
1,954
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Supporting the goals and ideals of National Safety Forces Appreciation Week
[ { "text": "That the Congress supports the goals and ideals of National Safety Forces Appreciation Week.", "id": "H929FC675C1134E7200910152626F7180", "header": null } ]
1
That the Congress supports the goals and ideals of National Safety Forces Appreciation Week.
92
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Expressing the sense of Congress that the deployment of United States Armed Forces against Iraq without prior specific authorization by the United Nations Security Council and specific congressional authorization pursuant to a declaration of war would constitute a violation of the obligations of the United States under the United Nations Charter and a violation of the United States Constitution, respectively.
[ { "text": "That it is the sense of Congress that the deployment of United States Armed Forces against Iraq without prior specific authorization by the United Nations Security Council and specific congressional authorization pursuant to a declaration of war would constitute a violation of the obligations of the United States under the United Nations Charter and a violation of Article I, section 8, clause 11 of the United States Constitution, respectively.", "id": "H370A89C854C049A4992714FDC833256", "header": null } ]
1
That it is the sense of Congress that the deployment of United States Armed Forces against Iraq without prior specific authorization by the United Nations Security Council and specific congressional authorization pursuant to a declaration of war would constitute a violation of the obligations of the United States under the United Nations Charter and a violation of Article I, section 8, clause 11 of the United States Constitution, respectively.
447
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Expressing the sense of Congress with respect to the recent sniper attacks in the Washington, D.C., area.
[ { "text": "That the Congress— (1) commends the role of Montgomery County, Maryland, officials, Police Chief Charles Moose, the sniper task force members Gary Bald of the Federal Bureau of Investigation, and Michael Bouchard of the Bureau of Alcohol, Tobacco, and Firearms for leading the investigation and Sheriff Ronald T. Knight, Chief of Police Col. Gerald Wilson, Chief of Police Col. Charlie T. Deane, Col. J. Thomas Manger, Col. V. Stuart Cook, Chief of Police Charles H. Ramsey, Chief of Police Frederic Pleasants, Jr., Mike Earp, United States Marshal Service, and Joe Funk, United States Secret Service, for their essential roles in assisting the investigation; (2) recognizes the unprecedented coordination among local, State, and Federal government in working collectively to capture 2 alleged snipers; (3) lauds local officials, especially school principals and teachers for their role in providing counseling and remaining calm in the face of enormous uncertainty and fear; and (4) expresses its condolences to the families and friends of the 10 victims who died in these shootings and its prayers for the full recovery of the 3 victims wounded in the attacks.", "id": "HFDEBAC914E11464C995F85EA95A34CE", "header": null } ]
1
That the Congress— (1) commends the role of Montgomery County, Maryland, officials, Police Chief Charles Moose, the sniper task force members Gary Bald of the Federal Bureau of Investigation, and Michael Bouchard of the Bureau of Alcohol, Tobacco, and Firearms for leading the investigation and Sheriff Ronald T. Knight, Chief of Police Col. Gerald Wilson, Chief of Police Col. Charlie T. Deane, Col. J. Thomas Manger, Col. V. Stuart Cook, Chief of Police Charles H. Ramsey, Chief of Police Frederic Pleasants, Jr., Mike Earp, United States Marshal Service, and Joe Funk, United States Secret Service, for their essential roles in assisting the investigation; (2) recognizes the unprecedented coordination among local, State, and Federal government in working collectively to capture 2 alleged snipers; (3) lauds local officials, especially school principals and teachers for their role in providing counseling and remaining calm in the face of enormous uncertainty and fear; and (4) expresses its condolences to the families and friends of the 10 victims who died in these shootings and its prayers for the full recovery of the 3 victims wounded in the attacks.
1,162
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Recognizing the 100th anniversary of the 4-H Youth Development Program
[ { "text": "That Congress— (1) recognizes the 100th anniversary of the 4-H Youth Development Program and commends the program for service to the youth of the world; and (2) urges the President to issue a proclamation calling on the people of the United States to observe a ‘‘National 4-H Youth Development Program Week’’ with appropriate ceremonies and activities.", "id": "HD069E30AD902421F9D9D26D3B6E9C3F4", "header": null } ]
1
That Congress— (1) recognizes the 100th anniversary of the 4-H Youth Development Program and commends the program for service to the youth of the world; and (2) urges the President to issue a proclamation calling on the people of the United States to observe a ‘‘National 4-H Youth Development Program Week’’ with appropriate ceremonies and activities.
352
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Urging the Government of Egypt and other Arab governments not to allow their government-controlled television stations to broadcast any program that lends legitimacy to the Protocols of the Elders of Zion, and for other purposes.
[ { "text": "That Congress— (1) condemns any publication or program that lends legitimacy to the Protocols of the Elders of Zion; (2) believes the use of such heinous propaganda, especially in the Arab world, serves to incite popular sentiment against Jewish people and the State of Israel rather than promoting religious tolerance and preparing Arab populations for the prospect of peace with Israel; (3) commends the Department of State for its denunciation of the Horseman Without a Horse television series and its efforts to discourage Arab states from broadcasting it; and (4) urges the Government of Egypt and other Arab governments— (A) not to allow their government-controlled television stations to broadcast this program or any other racist and untrue material; and (B) to speak out against such incitement by vigorously and publicly condemning anti-Semitism as a form of bigotry.", "id": "HFAE6AE8442B540B99915257DFF4B3EE1", "header": null } ]
1
That Congress— (1) condemns any publication or program that lends legitimacy to the Protocols of the Elders of Zion; (2) believes the use of such heinous propaganda, especially in the Arab world, serves to incite popular sentiment against Jewish people and the State of Israel rather than promoting religious tolerance and preparing Arab populations for the prospect of peace with Israel; (3) commends the Department of State for its denunciation of the Horseman Without a Horse television series and its efforts to discourage Arab states from broadcasting it; and (4) urges the Government of Egypt and other Arab governments— (A) not to allow their government-controlled television stations to broadcast this program or any other racist and untrue material; and (B) to speak out against such incitement by vigorously and publicly condemning anti-Semitism as a form of bigotry.
877
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Supporting the goals and ideals of National Safety Forces Appreciation Week.
[ { "text": "That the Congress supports the goals and ideals of National Safety Forces Appreciation Week.", "id": "H929FC675C1134E7200910152626F7180", "header": null } ]
1
That the Congress supports the goals and ideals of National Safety Forces Appreciation Week.
92
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To recognize the rights of consumers to use copyright protected works, and for other purposes.
[ { "text": "1. Short title \nThis Joint Resolution may be referred to as the Consumer Technology Bill of Rights.", "id": "H22BE8AC0A9E247189B19E7B3B39453DF", "header": "Short title" }, { "text": "2. Recognition of rights \nIt is the sense of Congress that, with respect to all electronic media in United States commerce, consumers who legally acquire copyrighted and non-copyrighted works should be free to use these works in non-commercial ways. The enumeration of rights in section 3, which shall be known as the Consumer Technology Bill of Rights, sets forth the rights of all Americans to personal control of information and entertainment content they have lawfully acquired and from which they do not intend to profit.", "id": "H360F8017574E400CA55130AFCB79A531", "header": "Recognition of rights" }, { "text": "3. Enumeration of rights \nThe following are the rights of consumers in legally acquired copyrighted and non-copyrighted works: (1) Users have the right to record legally acquired video or audio for later viewing or listening (popularly referred to as ‘‘time-shifting’’). (2) Users have the right to use legally acquired content in different places (popularly referred to as ‘‘space-shifting’’). (3) Users have the right to archive or make backup copies of their content for use in the event that the original copies are destroyed. (4) Users have the right to use legally acquired content on the electronic platform or device of their choice. (5) Users have the right to translate legally acquired content into comparable formats. (6) Users have the right to use technology in order to achieve the rights enumerated in paragraphs (1) through (5).", "id": "HDACE4F4064BF42D7B67CA4AF2E72B957", "header": "Enumeration of rights" } ]
3
1. Short title This Joint Resolution may be referred to as the Consumer Technology Bill of Rights. 2. Recognition of rights It is the sense of Congress that, with respect to all electronic media in United States commerce, consumers who legally acquire copyrighted and non-copyrighted works should be free to use these works in non-commercial ways. The enumeration of rights in section 3, which shall be known as the Consumer Technology Bill of Rights, sets forth the rights of all Americans to personal control of information and entertainment content they have lawfully acquired and from which they do not intend to profit. 3. Enumeration of rights The following are the rights of consumers in legally acquired copyrighted and non-copyrighted works: (1) Users have the right to record legally acquired video or audio for later viewing or listening (popularly referred to as ‘‘time-shifting’’). (2) Users have the right to use legally acquired content in different places (popularly referred to as ‘‘space-shifting’’). (3) Users have the right to archive or make backup copies of their content for use in the event that the original copies are destroyed. (4) Users have the right to use legally acquired content on the electronic platform or device of their choice. (5) Users have the right to translate legally acquired content into comparable formats. (6) Users have the right to use technology in order to achieve the rights enumerated in paragraphs (1) through (5).
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To provide for the resolution of certain labor issues relating to the merger of the Metro-North Railroad and the Long Island Rail Road.
[ { "text": "1. Extinguishment \nUpon the merger of the Metro-North Railroad and the Long Island Rail Road, the collective bargaining agreement between the Association of Commuter Rail Employees and the Metro-North Railroad shall be extinguished.", "id": "H2B0E78BCC8C940A000829E147392E9B9", "header": "Extinguishment" }, { "text": "2. Deemed coverage \nEmployees of the entity resulting from the merger described in section 1 shall be deemed to be covered under the appropriate collective bargaining agreement of the Long Island Rail Road in compliance with the Railway Labor Act.", "id": "HFF8A8C1921024AF5905500931CED86C7", "header": "Deemed coverage" }, { "text": "3. Seniority \nAt the time of the merger described in section 1, the appropriate seniority roster of Metro-North Railroad employees shall be added to the bottom of the seniority roster of Long Island Rail Road employees.", "id": "H72B35F28C98046E59B9005E126515F32", "header": "Seniority" }, { "text": "4. Disputes \nAll disputes arising from the application of this Act shall be subject to the jurisdiction of the National Mediation Board.", "id": "HC4C3EF13ADFC4051A2BD3D042B7C72C2", "header": "Disputes" } ]
4
1. Extinguishment Upon the merger of the Metro-North Railroad and the Long Island Rail Road, the collective bargaining agreement between the Association of Commuter Rail Employees and the Metro-North Railroad shall be extinguished. 2. Deemed coverage Employees of the entity resulting from the merger described in section 1 shall be deemed to be covered under the appropriate collective bargaining agreement of the Long Island Rail Road in compliance with the Railway Labor Act. 3. Seniority At the time of the merger described in section 1, the appropriate seniority roster of Metro-North Railroad employees shall be added to the bottom of the seniority roster of Long Island Rail Road employees. 4. Disputes All disputes arising from the application of this Act shall be subject to the jurisdiction of the National Mediation Board.
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To establish a grant program to provide comprehensive eye examinations to children, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Children’s Vision Improvement and Learning Readiness Act of 2002.", "id": "HE85A4F4851684439AAA6008CE61D2C4E", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Eighty percent of what children learn is acquired through the visual processing of information. (2) Visual impairment is one of the 10 most common causes of disability in America. In children, visual impairment is associated with developmental delays and the need for special education, vocational, and social services. At least 20 percent of children with learning disabilities have been found to have prominent visual information processing problems. (3) It is estimated that more than 10,000,000 children (from birth to age 10) suffer from vision problems, with one in 20 preschoolers and one in four school aged children affected. (4) It is estimated that only 14 percent of children under the age of six receive a comprehensive eye examination. Only one-third of all children have had an eye examination or vision screening prior to entering school.", "id": "H70C97D2CBB094E40BA4FBCCB71D810E7", "header": "Findings" }, { "text": "3. Grants regarding comprehensive eye examinations for children \n(a) In general \nThe Secretary of Health and Human Services (referred to in this section as the Secretary ) may make grants to States for the purpose of— (1) providing comprehensive eye examinations for children, with priority given to school-based programs for children who are under the age of nine; and (2) developing and disseminating, to parents, teachers, and the public, educational materials with regard to the need and benefits of comprehensive eye examinations for children. (b) Coordination \nThe Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program), the program under title XXI of such Act (relating to the State children’s health insurance program), and with other Federal or State programs that provide services to children. (c) Relationship to payments under other programs \nA grant may be made under subsection (a) only if the State involved agrees that the State will not make payments from the grant for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. (d) Evaluations \nA grant may be made under subsection (a) only if the State involved agrees that, not later than one year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including— (1) a description of the health status outcomes of children provided with assistance under the grant; (2) an assessment of the utilization of comprehensive eye examination services as a result of the activities carried out under the grant; (3) the collection, analysis, and reporting of comprehensive eye examination data according to guidelines prescribed by the Director of the Centers for Disease Control and Prevention; and (4) such other information as the Secretary may require. (e) Application \nA grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such information as the Secretary may require, including a plan for the use of the grant. (f) Definition \nFor purposes of this section, the term comprehensive eye examination includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, and assessment of gross visual fields performed by an optometrist or an ophthalmologist. (g) Authorization of appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006.", "id": "H3EB5946237D64EB4BAEB6684C66E04F2", "header": "Grants regarding comprehensive eye examinations for children" } ]
3
1. Short title This Act may be cited as the Children’s Vision Improvement and Learning Readiness Act of 2002. 2. Findings The Congress finds as follows: (1) Eighty percent of what children learn is acquired through the visual processing of information. (2) Visual impairment is one of the 10 most common causes of disability in America. In children, visual impairment is associated with developmental delays and the need for special education, vocational, and social services. At least 20 percent of children with learning disabilities have been found to have prominent visual information processing problems. (3) It is estimated that more than 10,000,000 children (from birth to age 10) suffer from vision problems, with one in 20 preschoolers and one in four school aged children affected. (4) It is estimated that only 14 percent of children under the age of six receive a comprehensive eye examination. Only one-third of all children have had an eye examination or vision screening prior to entering school. 3. Grants regarding comprehensive eye examinations for children (a) In general The Secretary of Health and Human Services (referred to in this section as the Secretary ) may make grants to States for the purpose of— (1) providing comprehensive eye examinations for children, with priority given to school-based programs for children who are under the age of nine; and (2) developing and disseminating, to parents, teachers, and the public, educational materials with regard to the need and benefits of comprehensive eye examinations for children. (b) Coordination The Secretary shall, as appropriate, coordinate the program under subsection (a) with the program under section 330 of the Public Health Service Act (relating to health centers), the program under title XIX of the Social Security Act (relating to the Medicaid program), the program under title XXI of such Act (relating to the State children’s health insurance program), and with other Federal or State programs that provide services to children. (c) Relationship to payments under other programs A grant may be made under subsection (a) only if the State involved agrees that the State will not make payments from the grant for any item or service to the extent that payment has been made, or can reasonably be expected to be made, with respect to such item or service— (1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (2) by an entity that provides health services on a prepaid basis. (d) Evaluations A grant may be made under subsection (a) only if the State involved agrees that, not later than one year after the date on which amounts under the grant are first received by the State, and annually thereafter while receiving amounts under the grant, the State will submit to the Secretary an evaluation of the operations and activities carried out under the grant, including— (1) a description of the health status outcomes of children provided with assistance under the grant; (2) an assessment of the utilization of comprehensive eye examination services as a result of the activities carried out under the grant; (3) the collection, analysis, and reporting of comprehensive eye examination data according to guidelines prescribed by the Director of the Centers for Disease Control and Prevention; and (4) such other information as the Secretary may require. (e) Application A grant may be made under subsection (a) only if an application for the grant is submitted to the Secretary and the application is in such form, is made in such manner, and contains such information as the Secretary may require, including a plan for the use of the grant. (f) Definition For purposes of this section, the term comprehensive eye examination includes an assessment of a patient's history, general medical observation, external and ophthalmoscopic examination, and assessment of gross visual fields performed by an optometrist or an ophthalmologist. (g) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated $75,000,000 for fiscal year 2003, and such sums as may be necessary for each of the fiscal years 2004 through 2006.
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To require testing of XML measures, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H3C6A9AD342F6FEBF09999F9010B8B4C", "header": "Short title" }, { "text": "2. Definition \n(a) In general \nSubtitle A of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended by adding at the end the following new section: 402. Definition of veteran \nFor purposes of this title, the term veteran has the meaning given such term in section 101 of title 38, United States Code.. (b) Clerical amendment \nThe table of contents in section 101(b) of the Stewart B. McKinney Homeless Assistance Act is amended by inserting after the item relating to section 401 the following new item: Sec. 402. Definition of veteran", "id": "HCBBE2BBF4D3B46C299345CB3F4BBC00", "header": "Definition" }, { "text": "402. Definition of veteran \nFor purposes of this title, the term veteran has the meaning given such term in section 101 of title 38, United States Code.", "id": "H6099467C4535BC50AA979386C985648", "header": "Definition of veteran" }, { "text": "3. Emergency shelter grants program \nSection 413 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11373) is amended by adding at the end the following new subsection: (f) Veterans’ share \n(1) In general \nEach metropolitan city, urban county, State, and Indian tribe for which assistance under this subtitle is provided shall ensure that not less than 25 percent of the total amount received by the city, county, State, or tribe in each fiscal year shall be used for eligible activities designed to serve primarily homeless persons who are veterans. Such activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. (2) Exception \nUpon the request of a city, county, State, or tribe, the Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph for the city, county, State, or tribe if the city, county, State, or tribe demonstrates to the satisfaction of the Secretary, and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts of assistance under this subtitle for the city, county, State, or tribe will remain unused for an unreasonable period of time. (3) Reports by grantees \nEach metropolitan city, urban county, State, and Indian tribe for which assistance under this subtitle is provided for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each project and activity funded with such assistance that is designed to serve primarily homeless persons who are veterans, the location of the project or activity, and the amount of such assistance provided for the project or activity..", "id": "H0FF02B864183B54CA7DC9BA4781DA20", "header": "Emergency shelter grants program" }, { "text": "4. Supportive housing program \n(a) Selection criteria \nSection 426(b) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11386(b)) is amended— (1) in paragraph (6) by striking and at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: (7) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under section 429(b)(4); and. (b) Veterans’ share \nSection 429(b) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11389(b)) is amended— (1) in paragraph (2) by striking and at the end; (2) in paragraph (3) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) not less than 20 percent shall be allocated for use only for projects and supportive services designed to serve primarily homeless persons who are veterans, except that— (A) the Secretary shall make assistance available with such amounts only after consultation with and upon the concurrence of the Secretary of Veterans Affairs; (B) projects and services provided with amounts allocated under this paragraph shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs; and (C) the Secretary may, with respect to a fiscal year, waive the requirement to reserve amounts under this paragraph or reduce the percentage so reserved if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts appropriated for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time.. (c) Report \nSection 426(c)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11386(c)(4)) is amended by inserting before the semicolon at the end the following: , which shall include, in the case of an applicant carrying out a project designed to serve primarily homeless persons who are veterans, reporting to the Secretary and the Secretary of Veterans Affairs for such fiscal year regarding the activities funded during such fiscal year with such assistance that are designed to serve primarily homeless persons who are veterans, the location of the project and of such activities, and the amount of such assistance provided for the project or such activities..", "id": "H65BB050B405F3AFFD7CB17AF9DCF45C", "header": "Supportive housing program" }, { "text": "5. Safe havens for homeless individuals demonstration program \n(a) Selection criteria \nSection 434(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11394(c)) is amended— (1) in paragraph (6) by striking and at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: (7) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under subsection (e); and. (b) Veterans’ share \nSection 434 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: (e) Veterans’ share \n(1) In general \nIn making grants to applicants under this subtitle, the Secretary shall ensure that not less than 20 percent of the amount made available for each fiscal year to carry out this subtitle is used for eligible activities designed to serve primarily homeless persons who are veterans, which activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. A grant shall be considered to comply with the requirement under the preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in making the grant. (2) Exception \nThe Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time. (3) Reports by recipients \nEach recipient provided assistance under this subtitle for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each facility and activity funded with such assistance that is designed to serve primarily homeless persons who are veterans, the location of the facility or activity, and the amount of such assistance provided for the facility or activity..", "id": "H4930CDC042749850485A0EA0E601EC8", "header": "Safe havens for homeless individuals demonstration program" }, { "text": "6. Section 8 program for single room occupancy dwellings \n(a) Selection criteria \nSection 441(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401(c)) is amended by striking the period at the end of the first sentence and inserting the following: , while ensuring compliance with the requirements under subsection (k). The Secretary, after consultation with the Secretary of Veterans Affairs, shall establish any criteria for such competition necessary to ensure compliance with the requirements under subsection (k).. (b) Veterans’ share \nSection 441 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: (k) Veterans’ share \n(1) In general \nIn allocating amounts to applicants under this section, the Secretary shall ensure that not less than 20 percent of the amounts made available for each fiscal year to carry out this section are used for assistance designed to serve primarily homeless persons who are veterans, which assistance shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. Assistance shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in allocating the assistance. (2) Exception \nThe Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this section), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this section will remain unused for an unreasonable period of time. (3) Reports by recipients \nEach applicant that receives assistance under this section for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each dwelling unit occupied by a homeless person who is a veteran that is assisted with such assistance, the location of the dwelling unit, and the amount of such assistance provided for the dwelling unit..", "id": "H0014AD5D4811A871B451C49DAE676F7", "header": "Section 8 program for single room occupancy dwellings" }, { "text": "7. Shelter plus care program \n(a) Selection criteria \nSection 455(a) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403d(a)) is amended— (1) in paragraph (8) by striking and at the end; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph: (9) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under subsection (d); and. (b) Veterans’ share \nSection 455 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: (d) Veterans’ share \n(1) In general \nIn providing assistance to applicants under this subtitle, the Secretary shall ensure that not less than 20 percent of the amount made available for each fiscal year to carry out this subtitle is used for rental assistance designed to serve primarily homeless persons who are veterans, which assistance shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. Assistance shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in providing the assistance. (2) Exception \nThe Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time. (3) Reports by recipients \nEach recipient provided assistance under this subtitle for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing assistance funded with such amounts that is designed to serve primarily homeless persons who are veterans, the location of the housing or activity so assisted, and the amount of such assistance provided for the housing or activity..", "id": "HE5B74D224409315702BE45BCCDADDEE", "header": "Shelter plus care program" }, { "text": "8. Rural homelessness grant program \nSection 491(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11408(c)) is amended by adding at the end the following new paragraph: (4) Veterans’ share \n(A) In general \nIn awarding grants under subsection (a) for a fiscal year, the Secretary shall ensure that not less than 20 percent of the amount made available for the fiscal year for such grants is used for eligible activities under subsection (b) designed to serve primarily homeless persons who are veterans, which activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. A grant shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in providing the grant. (B) Exception \nThe Secretary may, with respect to a fiscal year, waive the requirement under subparagraph (A) or reduce the percentage under such subparagraph if the Secretary determines (based on approvable applications submitted for grants under this section), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this section will remain unused for an unreasonable period of time. (C) Reports by recipients \nEach eligible organization receiving a grant under this section for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing assistance funded with such amounts that is designed to serve primarily homeless persons who are veterans, the location of the housing or activities so assisted, and the amount of such amounts provided for the housing or activities..", "id": "HF1E076194C7729C6F540EF923240A54", "header": "Rural homelessness grant program" }, { "text": "9. Technical assistance and annual reports \n(a) In general \nSubtitle A of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361), as amended by section 2 of this Act, is further amended by adding at the end the following new section: 403. Technical assistance and reports regarding activities benefiting homeless veterans \n(a) Technical assistance \nThe Secretary, after consultation with and upon the concurrence of the Secretary of Veterans Affairs, shall carry out a program to provide technical advice, training, and outreach activities necessary to facilitate and encourage the funding, with grant amounts under this title, of projects and activities designed to serve primarily homeless persons who are veterans. The program shall include— (1) providing notice of availability of amounts set-aside under this title for eligible activities designed to serve primarily homeless persons who are veterans to agencies and organizations who are qualified or could qualify as grantees for such amounts and project sponsors for such activities; (2) increasing participation, by agencies and organizations interested in carrying out eligible activities designed to serve primarily homeless persons who are veterans, in developing plans required under section 401; (3) providing assistance to increase the capability of such agencies and organizations in developing plans and applications for grants under this title and activities funded with such grant amounts (including providing assistance in integrating and coordinating such activities with services made available by the Department of Veterans Affairs). (b) Annual reports \nNot later than 6 months after the conclusion of each fiscal year, the Secretary shall submit a report to the Congress and the Secretary of Veterans Affairs regarding activities and assistance provided with grant amounts under this title that are designed to serve primarily homeless persons who are veterans. The report shall analyze the extent of compliance with the requirements under this title to reserve amounts for such activities and assistance and shall summarize the reports regarding such assistance and activities submitted under sections 413(f)(3), 426(c)(4), 434(e)(3), 441(k)(3), 455(d)(3), and 491(c)(4)(C) by grant recipients. After submitting each report under this subsection, the Secretary shall consult with the Secretary of Veterans Affairs regarding any recommendations of such Secretary in response to the report.. (b) Clerical amendment \nThe table of contents in section 101(b) of the Stewart B. McKinney Homeless Assistance Act is amended by inserting after the item relating to section 402 (as added by section 2(b) of this Act) the following new item: Sec. 403. Technical assistance and reports regarding activities benefiting homeless veterans", "id": "H3D144E364433210C23CA0EB2AEC6F21", "header": "Technical assistance and annual reports" }, { "text": "403. Technical assistance and reports regarding activities benefiting homeless veterans \n(a) Technical assistance \nThe Secretary, after consultation with and upon the concurrence of the Secretary of Veterans Affairs, shall carry out a program to provide technical advice, training, and outreach activities necessary to facilitate and encourage the funding, with grant amounts under this title, of projects and activities designed to serve primarily homeless persons who are veterans. The program shall include— (1) providing notice of availability of amounts set-aside under this title for eligible activities designed to serve primarily homeless persons who are veterans to agencies and organizations who are qualified or could qualify as grantees for such amounts and project sponsors for such activities; (2) increasing participation, by agencies and organizations interested in carrying out eligible activities designed to serve primarily homeless persons who are veterans, in developing plans required under section 401; (3) providing assistance to increase the capability of such agencies and organizations in developing plans and applications for grants under this title and activities funded with such grant amounts (including providing assistance in integrating and coordinating such activities with services made available by the Department of Veterans Affairs). (b) Annual reports \nNot later than 6 months after the conclusion of each fiscal year, the Secretary shall submit a report to the Congress and the Secretary of Veterans Affairs regarding activities and assistance provided with grant amounts under this title that are designed to serve primarily homeless persons who are veterans. The report shall analyze the extent of compliance with the requirements under this title to reserve amounts for such activities and assistance and shall summarize the reports regarding such assistance and activities submitted under sections 413(f)(3), 426(c)(4), 434(e)(3), 441(k)(3), 455(d)(3), and 491(c)(4)(C) by grant recipients. After submitting each report under this subsection, the Secretary shall consult with the Secretary of Veterans Affairs regarding any recommendations of such Secretary in response to the report.", "id": "HF4D6FAE744EE50F4B0744EAA14DE00A", "header": "Technical assistance and reports regarding activities benefiting homeless veterans" } ]
11
1. Short title This Act may be cited as the. 2. Definition (a) In general Subtitle A of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361 et seq.) is amended by adding at the end the following new section: 402. Definition of veteran For purposes of this title, the term veteran has the meaning given such term in section 101 of title 38, United States Code.. (b) Clerical amendment The table of contents in section 101(b) of the Stewart B. McKinney Homeless Assistance Act is amended by inserting after the item relating to section 401 the following new item: Sec. 402. Definition of veteran 402. Definition of veteran For purposes of this title, the term veteran has the meaning given such term in section 101 of title 38, United States Code. 3. Emergency shelter grants program Section 413 of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11373) is amended by adding at the end the following new subsection: (f) Veterans’ share (1) In general Each metropolitan city, urban county, State, and Indian tribe for which assistance under this subtitle is provided shall ensure that not less than 25 percent of the total amount received by the city, county, State, or tribe in each fiscal year shall be used for eligible activities designed to serve primarily homeless persons who are veterans. Such activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. (2) Exception Upon the request of a city, county, State, or tribe, the Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph for the city, county, State, or tribe if the city, county, State, or tribe demonstrates to the satisfaction of the Secretary, and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts of assistance under this subtitle for the city, county, State, or tribe will remain unused for an unreasonable period of time. (3) Reports by grantees Each metropolitan city, urban county, State, and Indian tribe for which assistance under this subtitle is provided for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each project and activity funded with such assistance that is designed to serve primarily homeless persons who are veterans, the location of the project or activity, and the amount of such assistance provided for the project or activity.. 4. Supportive housing program (a) Selection criteria Section 426(b) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11386(b)) is amended— (1) in paragraph (6) by striking and at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: (7) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under section 429(b)(4); and. (b) Veterans’ share Section 429(b) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11389(b)) is amended— (1) in paragraph (2) by striking and at the end; (2) in paragraph (3) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) not less than 20 percent shall be allocated for use only for projects and supportive services designed to serve primarily homeless persons who are veterans, except that— (A) the Secretary shall make assistance available with such amounts only after consultation with and upon the concurrence of the Secretary of Veterans Affairs; (B) projects and services provided with amounts allocated under this paragraph shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs; and (C) the Secretary may, with respect to a fiscal year, waive the requirement to reserve amounts under this paragraph or reduce the percentage so reserved if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts appropriated for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time.. (c) Report Section 426(c)(4) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11386(c)(4)) is amended by inserting before the semicolon at the end the following: , which shall include, in the case of an applicant carrying out a project designed to serve primarily homeless persons who are veterans, reporting to the Secretary and the Secretary of Veterans Affairs for such fiscal year regarding the activities funded during such fiscal year with such assistance that are designed to serve primarily homeless persons who are veterans, the location of the project and of such activities, and the amount of such assistance provided for the project or such activities.. 5. Safe havens for homeless individuals demonstration program (a) Selection criteria Section 434(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11394(c)) is amended— (1) in paragraph (6) by striking and at the end; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following new paragraph: (7) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under subsection (e); and. (b) Veterans’ share Section 434 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: (e) Veterans’ share (1) In general In making grants to applicants under this subtitle, the Secretary shall ensure that not less than 20 percent of the amount made available for each fiscal year to carry out this subtitle is used for eligible activities designed to serve primarily homeless persons who are veterans, which activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. A grant shall be considered to comply with the requirement under the preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in making the grant. (2) Exception The Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time. (3) Reports by recipients Each recipient provided assistance under this subtitle for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each facility and activity funded with such assistance that is designed to serve primarily homeless persons who are veterans, the location of the facility or activity, and the amount of such assistance provided for the facility or activity.. 6. Section 8 program for single room occupancy dwellings (a) Selection criteria Section 441(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11401(c)) is amended by striking the period at the end of the first sentence and inserting the following: , while ensuring compliance with the requirements under subsection (k). The Secretary, after consultation with the Secretary of Veterans Affairs, shall establish any criteria for such competition necessary to ensure compliance with the requirements under subsection (k).. (b) Veterans’ share Section 441 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: (k) Veterans’ share (1) In general In allocating amounts to applicants under this section, the Secretary shall ensure that not less than 20 percent of the amounts made available for each fiscal year to carry out this section are used for assistance designed to serve primarily homeless persons who are veterans, which assistance shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. Assistance shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in allocating the assistance. (2) Exception The Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this section), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this section will remain unused for an unreasonable period of time. (3) Reports by recipients Each applicant that receives assistance under this section for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing each dwelling unit occupied by a homeless person who is a veteran that is assisted with such assistance, the location of the dwelling unit, and the amount of such assistance provided for the dwelling unit.. 7. Shelter plus care program (a) Selection criteria Section 455(a) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11403d(a)) is amended— (1) in paragraph (8) by striking and at the end; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph: (9) such factors as the Secretary, after consultation with the Secretary of Veterans Affairs, considers necessary to ensure compliance with the requirements under subsection (d); and. (b) Veterans’ share Section 455 of the Stewart B. McKinney Homeless Assistance Act is amended by adding at the end the following new subsection: (d) Veterans’ share (1) In general In providing assistance to applicants under this subtitle, the Secretary shall ensure that not less than 20 percent of the amount made available for each fiscal year to carry out this subtitle is used for rental assistance designed to serve primarily homeless persons who are veterans, which assistance shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. Assistance shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in providing the assistance. (2) Exception The Secretary may, with respect to a fiscal year, waive the requirement under paragraph (1) or reduce the percentage under such paragraph if the Secretary determines (based on approvable applications submitted for assistance under this subtitle), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this subtitle will remain unused for an unreasonable period of time. (3) Reports by recipients Each recipient provided assistance under this subtitle for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing assistance funded with such amounts that is designed to serve primarily homeless persons who are veterans, the location of the housing or activity so assisted, and the amount of such assistance provided for the housing or activity.. 8. Rural homelessness grant program Section 491(c) of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11408(c)) is amended by adding at the end the following new paragraph: (4) Veterans’ share (A) In general In awarding grants under subsection (a) for a fiscal year, the Secretary shall ensure that not less than 20 percent of the amount made available for the fiscal year for such grants is used for eligible activities under subsection (b) designed to serve primarily homeless persons who are veterans, which activities shall, to the extent possible, be integrated and coordinated with services made available by the Department of Veterans Affairs. A grant shall be considered to comply with the requirement under preceding sentence only if the Secretary consults with and obtains the concurrence of the Secretary of Veterans Affairs in providing the grant. (B) Exception The Secretary may, with respect to a fiscal year, waive the requirement under subparagraph (A) or reduce the percentage under such subparagraph if the Secretary determines (based on approvable applications submitted for grants under this section), and the Secretary of Veterans Affairs concurs in the determination, that but for such waiver or reduction amounts made available for such fiscal year to carry out this section will remain unused for an unreasonable period of time. (C) Reports by recipients Each eligible organization receiving a grant under this section for a fiscal year shall submit a report to the Secretary and the Secretary of Veterans Affairs for such fiscal year describing assistance funded with such amounts that is designed to serve primarily homeless persons who are veterans, the location of the housing or activities so assisted, and the amount of such amounts provided for the housing or activities.. 9. Technical assistance and annual reports (a) In general Subtitle A of title IV of the Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11361), as amended by section 2 of this Act, is further amended by adding at the end the following new section: 403. Technical assistance and reports regarding activities benefiting homeless veterans (a) Technical assistance The Secretary, after consultation with and upon the concurrence of the Secretary of Veterans Affairs, shall carry out a program to provide technical advice, training, and outreach activities necessary to facilitate and encourage the funding, with grant amounts under this title, of projects and activities designed to serve primarily homeless persons who are veterans. The program shall include— (1) providing notice of availability of amounts set-aside under this title for eligible activities designed to serve primarily homeless persons who are veterans to agencies and organizations who are qualified or could qualify as grantees for such amounts and project sponsors for such activities; (2) increasing participation, by agencies and organizations interested in carrying out eligible activities designed to serve primarily homeless persons who are veterans, in developing plans required under section 401; (3) providing assistance to increase the capability of such agencies and organizations in developing plans and applications for grants under this title and activities funded with such grant amounts (including providing assistance in integrating and coordinating such activities with services made available by the Department of Veterans Affairs). (b) Annual reports Not later than 6 months after the conclusion of each fiscal year, the Secretary shall submit a report to the Congress and the Secretary of Veterans Affairs regarding activities and assistance provided with grant amounts under this title that are designed to serve primarily homeless persons who are veterans. The report shall analyze the extent of compliance with the requirements under this title to reserve amounts for such activities and assistance and shall summarize the reports regarding such assistance and activities submitted under sections 413(f)(3), 426(c)(4), 434(e)(3), 441(k)(3), 455(d)(3), and 491(c)(4)(C) by grant recipients. After submitting each report under this subsection, the Secretary shall consult with the Secretary of Veterans Affairs regarding any recommendations of such Secretary in response to the report.. (b) Clerical amendment The table of contents in section 101(b) of the Stewart B. McKinney Homeless Assistance Act is amended by inserting after the item relating to section 402 (as added by section 2(b) of this Act) the following new item: Sec. 403. Technical assistance and reports regarding activities benefiting homeless veterans 403. Technical assistance and reports regarding activities benefiting homeless veterans (a) Technical assistance The Secretary, after consultation with and upon the concurrence of the Secretary of Veterans Affairs, shall carry out a program to provide technical advice, training, and outreach activities necessary to facilitate and encourage the funding, with grant amounts under this title, of projects and activities designed to serve primarily homeless persons who are veterans. The program shall include— (1) providing notice of availability of amounts set-aside under this title for eligible activities designed to serve primarily homeless persons who are veterans to agencies and organizations who are qualified or could qualify as grantees for such amounts and project sponsors for such activities; (2) increasing participation, by agencies and organizations interested in carrying out eligible activities designed to serve primarily homeless persons who are veterans, in developing plans required under section 401; (3) providing assistance to increase the capability of such agencies and organizations in developing plans and applications for grants under this title and activities funded with such grant amounts (including providing assistance in integrating and coordinating such activities with services made available by the Department of Veterans Affairs). (b) Annual reports Not later than 6 months after the conclusion of each fiscal year, the Secretary shall submit a report to the Congress and the Secretary of Veterans Affairs regarding activities and assistance provided with grant amounts under this title that are designed to serve primarily homeless persons who are veterans. The report shall analyze the extent of compliance with the requirements under this title to reserve amounts for such activities and assistance and shall summarize the reports regarding such assistance and activities submitted under sections 413(f)(3), 426(c)(4), 434(e)(3), 441(k)(3), 455(d)(3), and 491(c)(4)(C) by grant recipients. After submitting each report under this subsection, the Secretary shall consult with the Secretary of Veterans Affairs regarding any recommendations of such Secretary in response to the report.
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To express the remorse of Congress for the policy of the Department of Defense in effect until 1976 providing for involuntary separation of female members of the Armed Forces who became pregnant while in service and to take certain steps to make amends for the effects of that policy
[ { "text": "1. Short title \nThis Act may be cited as the Women Discharged From the Military Due to Pregnancy Relief Act of 2002.", "id": "HAF0EECC38F144836B78EEF9BFF6DCD0", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) In June 1948, Congress enacted the Women's Armed Services Integration Act of 1948, which formally authorized the appointment and enlistment of women in the regular components of the United States Armed Forces. (2) With the expansion of the Armed Forces to include women, the possibility arose for the first time that members of the Armed Forces could become pregnant. (3) The response to such possibilities and actualities was Executive Order 10240, signed by President Harry S. Truman in 1951, which granted the Armed Forces the authority to involuntarily discharge a woman if she became pregnant, gave birth to a child, or became a parent by adoption or a stepparent. (4) The Armed Forces responded to the Executive Order by systematically discharging any woman in the Armed Forces who became pregnant, regardless of whether the pregnancy was intentional, unintentional, or the result of sexual abuse. (5) Although the Armed Forces were required to offer women who were involuntarily discharged due to pregnancy the opportunity to request retention in the military, many of the women who were involuntarily discharged were not offered such opportunity. (6) The Armed Forces did not provide required separation benefits, counseling, or assistance to the service women who were discharged due to pregnancy. (7) It is documented that as many as 7,000 service women were involuntarily discharged from the Armed Forces as a result of pregnancy. (8) There are reports that the practice of the Armed Forces to systematically discharge pregnant women from the service caused some women to seek abortions (illegal at the time) or to put their children up for adoption, and that, in some cases, some women committed suicide as a result of their involuntary discharge from the Armed Forces. (9) Such involuntary discharge from the Armed Forces on the basis of pregnancy was challenged in Federal district court by Stephanie Crawford in 1975, whose legal argument stated that the practice of this type of discharge violated her constitutional right to due process of law. (10) The United States Court of Appeals for the Second Circuit ruled in Stephanie Crawford's favor in 1976 and found that the Executive Order and any regulations within the Armed Forces that made discharge from the military services mandatory due to pregnancy were unconstitutional. (11) By 1976, all regulations that permitted discharge of a servicewoman from the Armed Forces because of pregnancy or any form of parenthood had been rescinded.", "id": "H91973D071A3D45F694E6A07392F17125", "header": "Findings" }, { "text": "3. Expression of Congressional remorse for policy of involuntary discharges due to pregnancy \n(a) Sense of Congress \nIt is the sense of Congress that the women who served in the United States Armed Forces before February 23, 1976, and who were involuntarily discharged due to pregnancy should not have been involuntarily discharged due to the physical status of pregnancy. (b) Expression of Remorse \nCongress hereby expresses deep remorse for the women who patriotically served in the Armed Forces, but were forced, by official United States policy, to endure unnecessary and discriminatory actions, including the violation of their constitutional right to due process of law, simply because they became pregnant while a member of the Armed Forces.", "id": "H4D5D496AC9064D34005BCC275F64D2C2", "header": "Expression of Congressional remorse for policy of involuntary discharges due to pregnancy" }, { "text": "4. Payment of pay and allowances not paid by reason of involuntary discharge due to pregnancy \n(a) Determination of eligible persons \nThe Secretary of Defense shall identify each woman who was involuntarily discharged or separated from the Armed Forces due to pregnancy during the period beginning on June 12, 1948 (the date of the enactment of the Women's Armed Services Integration Act of 1948), and ending on February 23, 1976. (b) Payment of missed pay and allowances \n(1) Enlisted members \nThe Secretary of Defense shall pay to each woman identified under subsection (a) (or to the estate of such woman, if deceased) who was an enlisted member of the Armed Forces at the time of her involuntary discharge an amount equal to the total amount of pay and allowances that the Secretary estimates would have been paid to the woman during the remainder of her term of enlistment or period of obligated service (if any) had she not been involuntarily discharged due to pregnancy. (2) Officers \nThe Secretary of Defense shall pay to each woman identified under subsection (a) (or to the estate of such woman, if deceased) who was an officer in the Armed Forces at the time of her involuntary separation an amount equal to the total amount of pay and allowances that the Secretary estimates would have been paid to the woman during a period of active duty beginning on the date of her involuntary separation and ending on the earlier of the following: (A) The completion of five additional years of service on active duty. (B) The date on which she would have completed a period of active duty equal to her service in the Armed Forces before her involuntary separataion. (3) Adjustment \nEach amount determined under this subsection shall be adjusted for inflation, as determined by the Secretary of the Treasury, to the date of the payment.", "id": "H6337A61888644C0F00F0A011B1ACCB00", "header": "Payment of pay and allowances not paid by reason of involuntary discharge due to pregnancy" }, { "text": "5. Loan forgiveness for certain student loans \n(a) Definitions \nFor purposes of this section: (1) Eligible offspring \nThe term eligible offspring means any child of an eligible person under section 4(a) that is determined, in accordance with regulations prescribed by the Secretary, to be the offspring of such person from the pregnancy that was the cause of such person's discharge or separation from the Armed Forces. For purposes of this definition, it does not matter whether the child was raised by the eligible person or adopted and raised by another person. (2) Secretary \nThe term Secretary means the Secretary of Education. (3) Federal student loan \nThe term Federal student loan means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965, regardless of whether the loan was made, insured, or guaranteed under such part before the date of the enactment of this Act or is made, insured, or guaranteed under such part on or after such date. (b) In general \nThe Secretary shall provide for the discharge or cancellation of the Federal student loan indebtedness of an eligible offspring in the same manner as is required by sections 437(a), 455(a)(1), and 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), as the case may be. (c) Facilitation of claims \nThe Secretary shall— (1) by regulation, establish procedures for the filing of applications for discharge or cancellation under this section, which regulations shall be prescribed and published within 30 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible offspring under this section. (d) Availability of funds for payments \nFunds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of individuals described in subsection (a)(1) of this section shall be available for making payments under section 437(a) as required by this section. (e) No delay in regulations \nSections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the regulations required by this section.", "id": "H44FA5A4E0A6940B4BC279000A069857D", "header": "Loan forgiveness for certain student loans" }, { "text": "6. Health benefits \nHealth benefits shall be available under section 1086 of title 10, United States Code, to eligible persons described in section 4(a) and eligible offspring as defined by section 5(a) in the same manner as health benefits are available under such section 1086 for persons covered by subsection (c) of that section.", "id": "H7A5BEF9FE4084150961664AB00CFDAB5", "header": "Health benefits" }, { "text": "7. Standard form of discharge for women veterans involuntarily discharged due to pregnancy \nThe Secretary of Defense shall establish a standard discharge code (including a discharge cause reenlistment code and other related information) for women veterans who were involuntarily discharged from the Armed Forces due to pregnancy between 1951 and 1976. Such discharge code shall provide a single, uniform discharge code, applicable to each of the Armed Forces, indicating that the discharge was an involuntary discharge due to pregnancy. The Secretary shall develop a means by which each such involuntarily discharged female veteran may apply to the Secretary to have that veteran’s discharge documents revised to reflect the new standard discharge code. The Secretary shall promptly issue revised discharge documents to each female veteran submitting such an application who the Secretary determines is eligible for such revised documents.", "id": "HC6FC19D6009247E1B59D6F92F930A28D", "header": "Standard form of discharge for women veterans involuntarily discharged due to pregnancy" }, { "text": "8. Sense of congress concerning continued service to the Nation \nIt is the sense of Congress that the Secretary of Defense should establish policies to encourage women veterans who before 1976 were involuntarily discharged from the Armed Forces due to pregnancy to continue to serve the Nation.", "id": "H7096D4D43E6D4DDE9C31000079954245", "header": "Sense of congress concerning continued service to the Nation" } ]
8
1. Short title This Act may be cited as the Women Discharged From the Military Due to Pregnancy Relief Act of 2002. 2. Findings Congress finds the following: (1) In June 1948, Congress enacted the Women's Armed Services Integration Act of 1948, which formally authorized the appointment and enlistment of women in the regular components of the United States Armed Forces. (2) With the expansion of the Armed Forces to include women, the possibility arose for the first time that members of the Armed Forces could become pregnant. (3) The response to such possibilities and actualities was Executive Order 10240, signed by President Harry S. Truman in 1951, which granted the Armed Forces the authority to involuntarily discharge a woman if she became pregnant, gave birth to a child, or became a parent by adoption or a stepparent. (4) The Armed Forces responded to the Executive Order by systematically discharging any woman in the Armed Forces who became pregnant, regardless of whether the pregnancy was intentional, unintentional, or the result of sexual abuse. (5) Although the Armed Forces were required to offer women who were involuntarily discharged due to pregnancy the opportunity to request retention in the military, many of the women who were involuntarily discharged were not offered such opportunity. (6) The Armed Forces did not provide required separation benefits, counseling, or assistance to the service women who were discharged due to pregnancy. (7) It is documented that as many as 7,000 service women were involuntarily discharged from the Armed Forces as a result of pregnancy. (8) There are reports that the practice of the Armed Forces to systematically discharge pregnant women from the service caused some women to seek abortions (illegal at the time) or to put their children up for adoption, and that, in some cases, some women committed suicide as a result of their involuntary discharge from the Armed Forces. (9) Such involuntary discharge from the Armed Forces on the basis of pregnancy was challenged in Federal district court by Stephanie Crawford in 1975, whose legal argument stated that the practice of this type of discharge violated her constitutional right to due process of law. (10) The United States Court of Appeals for the Second Circuit ruled in Stephanie Crawford's favor in 1976 and found that the Executive Order and any regulations within the Armed Forces that made discharge from the military services mandatory due to pregnancy were unconstitutional. (11) By 1976, all regulations that permitted discharge of a servicewoman from the Armed Forces because of pregnancy or any form of parenthood had been rescinded. 3. Expression of Congressional remorse for policy of involuntary discharges due to pregnancy (a) Sense of Congress It is the sense of Congress that the women who served in the United States Armed Forces before February 23, 1976, and who were involuntarily discharged due to pregnancy should not have been involuntarily discharged due to the physical status of pregnancy. (b) Expression of Remorse Congress hereby expresses deep remorse for the women who patriotically served in the Armed Forces, but were forced, by official United States policy, to endure unnecessary and discriminatory actions, including the violation of their constitutional right to due process of law, simply because they became pregnant while a member of the Armed Forces. 4. Payment of pay and allowances not paid by reason of involuntary discharge due to pregnancy (a) Determination of eligible persons The Secretary of Defense shall identify each woman who was involuntarily discharged or separated from the Armed Forces due to pregnancy during the period beginning on June 12, 1948 (the date of the enactment of the Women's Armed Services Integration Act of 1948), and ending on February 23, 1976. (b) Payment of missed pay and allowances (1) Enlisted members The Secretary of Defense shall pay to each woman identified under subsection (a) (or to the estate of such woman, if deceased) who was an enlisted member of the Armed Forces at the time of her involuntary discharge an amount equal to the total amount of pay and allowances that the Secretary estimates would have been paid to the woman during the remainder of her term of enlistment or period of obligated service (if any) had she not been involuntarily discharged due to pregnancy. (2) Officers The Secretary of Defense shall pay to each woman identified under subsection (a) (or to the estate of such woman, if deceased) who was an officer in the Armed Forces at the time of her involuntary separation an amount equal to the total amount of pay and allowances that the Secretary estimates would have been paid to the woman during a period of active duty beginning on the date of her involuntary separation and ending on the earlier of the following: (A) The completion of five additional years of service on active duty. (B) The date on which she would have completed a period of active duty equal to her service in the Armed Forces before her involuntary separataion. (3) Adjustment Each amount determined under this subsection shall be adjusted for inflation, as determined by the Secretary of the Treasury, to the date of the payment. 5. Loan forgiveness for certain student loans (a) Definitions For purposes of this section: (1) Eligible offspring The term eligible offspring means any child of an eligible person under section 4(a) that is determined, in accordance with regulations prescribed by the Secretary, to be the offspring of such person from the pregnancy that was the cause of such person's discharge or separation from the Armed Forces. For purposes of this definition, it does not matter whether the child was raised by the eligible person or adopted and raised by another person. (2) Secretary The term Secretary means the Secretary of Education. (3) Federal student loan The term Federal student loan means any loan made, insured, or guaranteed under part B, D, or E of title IV of the Higher Education Act of 1965, regardless of whether the loan was made, insured, or guaranteed under such part before the date of the enactment of this Act or is made, insured, or guaranteed under such part on or after such date. (b) In general The Secretary shall provide for the discharge or cancellation of the Federal student loan indebtedness of an eligible offspring in the same manner as is required by sections 437(a), 455(a)(1), and 464(c)(1)(F) of the Higher Education Act of 1965 (20 U.S.C. 1087(a), 1087e(a)(1), 1087dd(c)(1)(F)), as the case may be. (c) Facilitation of claims The Secretary shall— (1) by regulation, establish procedures for the filing of applications for discharge or cancellation under this section, which regulations shall be prescribed and published within 30 days after the date of enactment of this Act and without regard to the requirements of section 553 of title 5, United States Code; and (2) take such actions as may be necessary to publicize the availability of discharge or cancellation of Federal student loan indebtedness for eligible offspring under this section. (d) Availability of funds for payments Funds available for the purposes of making payments to lenders in accordance with section 437(a) for the discharge of indebtedness of individuals described in subsection (a)(1) of this section shall be available for making payments under section 437(a) as required by this section. (e) No delay in regulations Sections 482(c) and 492 of the Higher Education Act of 1965 (20 U.S.C. 1089(c), 1098a) shall not apply to the regulations required by this section. 6. Health benefits Health benefits shall be available under section 1086 of title 10, United States Code, to eligible persons described in section 4(a) and eligible offspring as defined by section 5(a) in the same manner as health benefits are available under such section 1086 for persons covered by subsection (c) of that section. 7. Standard form of discharge for women veterans involuntarily discharged due to pregnancy The Secretary of Defense shall establish a standard discharge code (including a discharge cause reenlistment code and other related information) for women veterans who were involuntarily discharged from the Armed Forces due to pregnancy between 1951 and 1976. Such discharge code shall provide a single, uniform discharge code, applicable to each of the Armed Forces, indicating that the discharge was an involuntary discharge due to pregnancy. The Secretary shall develop a means by which each such involuntarily discharged female veteran may apply to the Secretary to have that veteran’s discharge documents revised to reflect the new standard discharge code. The Secretary shall promptly issue revised discharge documents to each female veteran submitting such an application who the Secretary determines is eligible for such revised documents. 8. Sense of congress concerning continued service to the Nation It is the sense of Congress that the Secretary of Defense should establish policies to encourage women veterans who before 1976 were involuntarily discharged from the Armed Forces due to pregnancy to continue to serve the Nation.
9,208
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To authorize the Secretary of Education to make grants to local educational agencies for disaster relief.
[ { "text": "1. Short title \nThis Act may be cited as the Disaster Relief for Our Schools Act.", "id": "H328260ACB92148E8B960049F915262FC", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) The terrorist attack on September 11, 2001, had a devastating impact on New York City, New York, including its schools. (2) Since the terrorist attack, the New York City School System has experienced tremendous difficulty in obtaining aid from the Federal Government to help with resulting expenses. (3) Under prior legislation enacted in 1965, the Department of Health, Education, and Welfare was authorized to distribute disaster assistance to local school districts impacted by a declared disaster, and the Department performed this task well. (4) Following the Northridge, California, earthquake in 1994, the Los Angeles school district received assistance from the Department of Education as quickly as 2 weeks from the incident. (5) In 1994, responsibility for disaster assistance for education institutions was officially transferred from the Department of Education to the Federal Emergency Management Agency under the the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (6) Given the experience of the New York City School System, and with statements made by the Federal Emergency Management Agency that the Agency cannot provide assistance for operating expenses, the Department of Education should be authorized to provide immediate disaster assistance for schools.", "id": "HC2601AF7A77C489598ECA281D159E7EC", "header": "Findings" }, { "text": "3. Disaster relief grants for local educational agencies \n(a) Establishment \nThe Secretary of Education may make grants for disaster relief to local educational agencies located in any area for which the President has declared a major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (b) Use of funds \nThe Secretary may not make a grant under this section unless the applicant involved agrees to use the grant as reimbursement or payment for expenses resulting from a major disaster described in subsection (a) that occurred after September 10, 2001. Such expenses may include any of the following: (1) Additional classroom instruction time and related activities for students who lost instructional time as a result of the disaster. (2) Mental health and trauma counseling and other appropriate support services to students suffering from long-term or short-term trauma-related disorders resulting from the disaster. (3) Guidance and grief counseling and mental health services, including overtime payment for counselors and mental health professionals, for students and school staff. (4) Textbooks and other school supplies and equipment damaged or destroyed as a result of the disaster, or used to support the relocation of students from schools in the disaster area. (5) Relocating students, including transportation of students to temporary school facilities. (6) Loss of perishable food stock and revenue lost from food services. (7) Renting or leasing alternate temporary facilities or transportation. (c) Application \nTo seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary reasonably requires. (d) Rule of construction \nNothing in this Act shall be construed as prohibiting or exempting the Federal Emergency Management Agency from its obligation to provide assistance to local educational agencies in connection with a major disaster, including debris removal and cleanup, and restoration of facilities to their predisaster condition. (e) Definitions \nFor purposes of this section: (1) The term local educational agency has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term Secretary means the Secretary of Education.", "id": "H2B80082DC4C44B01A1E818D75FCE99E3", "header": "Disaster relief grants for local educational agencies" } ]
3
1. Short title This Act may be cited as the Disaster Relief for Our Schools Act. 2. Findings The Congress finds the following: (1) The terrorist attack on September 11, 2001, had a devastating impact on New York City, New York, including its schools. (2) Since the terrorist attack, the New York City School System has experienced tremendous difficulty in obtaining aid from the Federal Government to help with resulting expenses. (3) Under prior legislation enacted in 1965, the Department of Health, Education, and Welfare was authorized to distribute disaster assistance to local school districts impacted by a declared disaster, and the Department performed this task well. (4) Following the Northridge, California, earthquake in 1994, the Los Angeles school district received assistance from the Department of Education as quickly as 2 weeks from the incident. (5) In 1994, responsibility for disaster assistance for education institutions was officially transferred from the Department of Education to the Federal Emergency Management Agency under the the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (6) Given the experience of the New York City School System, and with statements made by the Federal Emergency Management Agency that the Agency cannot provide assistance for operating expenses, the Department of Education should be authorized to provide immediate disaster assistance for schools. 3. Disaster relief grants for local educational agencies (a) Establishment The Secretary of Education may make grants for disaster relief to local educational agencies located in any area for which the President has declared a major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). (b) Use of funds The Secretary may not make a grant under this section unless the applicant involved agrees to use the grant as reimbursement or payment for expenses resulting from a major disaster described in subsection (a) that occurred after September 10, 2001. Such expenses may include any of the following: (1) Additional classroom instruction time and related activities for students who lost instructional time as a result of the disaster. (2) Mental health and trauma counseling and other appropriate support services to students suffering from long-term or short-term trauma-related disorders resulting from the disaster. (3) Guidance and grief counseling and mental health services, including overtime payment for counselors and mental health professionals, for students and school staff. (4) Textbooks and other school supplies and equipment damaged or destroyed as a result of the disaster, or used to support the relocation of students from schools in the disaster area. (5) Relocating students, including transportation of students to temporary school facilities. (6) Loss of perishable food stock and revenue lost from food services. (7) Renting or leasing alternate temporary facilities or transportation. (c) Application To seek a grant under this section, a local educational agency shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary reasonably requires. (d) Rule of construction Nothing in this Act shall be construed as prohibiting or exempting the Federal Emergency Management Agency from its obligation to provide assistance to local educational agencies in connection with a major disaster, including debris removal and cleanup, and restoration of facilities to their predisaster condition. (e) Definitions For purposes of this section: (1) The term local educational agency has the meaning given to that term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801). (2) The term Secretary means the Secretary of Education.
3,858
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To reject proposals to partially or completely divert funds, which normally would be designated for the Social Security trust fund, into private savings accounts as a substitute for the lifelong, guaranteed, inflation-protected insurance benefits provided through Social Security.
[ { "text": "1. Short title \nThis Act may be cited as the Rejecting Social Security Privatization Act of 2002.", "id": "HF275B173755C4C309E1EFDC66D86D975", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) 117 Members of Congress signed a letter on May 24, 2001, to the President's Commission to Strengthen Social Security, urging the Commission to develop a plan to partially privatize Social Security by diverting funds away from the Social Security trust funds and instituting Personal Retirement Accounts. (2) The Commission developed three alternative plans that would partially privatize Social Security by diverting substantial monies from the Social Security trust funds to pay for the private accounts, which threatens benefits for current beneficiaries by significantly weakening the financial condition of the trust funds. (3) These reductions in guaranteed benefits apply to all workers, regardless of whether they choose to have an individual account or not. (4) Substituting private accounts for guaranteed Social Security benefits increases financial risk for retirees, disabled workers, and their families; reduces Social Security protections for women, low-income workers, and many members of minority groups; and erodes benefits for the dependent children of workers who retire, become disabled, or die. (5) Private investments in the stock market of funds that have been diverted away from the Social Security trust funds are an inherent risk to Americans who currently depend upon secure Social Security trust funds, or anticipate receiving their earned benefits as they approach retirement.", "id": "HD1F8FAFADA7E4BDF8FED761234E0002E", "header": "Findings" }, { "text": "3. Rejection of privatization \nThe Congress hereby commits to preserve the guaranteed, lifelong, inflation-protected benefits provided under title II of the Social Security Act to retirees, disabled workers, and their families, and the survivors of deceased workers, by rejecting plans to institute Personal Retirement Accounts, or any other forms of private accounts, which would divert or remove all or portions of monies from the Social Security trust funds and reduce the retirement security of current and future beneficiaries, and which would reduce guaranteed Social Security benefits for retirees, disabled workers, and survivors.", "id": "HE725E298ABA7409589BDF6E67B04683", "header": "Rejection of privatization" } ]
3
1. Short title This Act may be cited as the Rejecting Social Security Privatization Act of 2002. 2. Findings The Congress finds the following: (1) 117 Members of Congress signed a letter on May 24, 2001, to the President's Commission to Strengthen Social Security, urging the Commission to develop a plan to partially privatize Social Security by diverting funds away from the Social Security trust funds and instituting Personal Retirement Accounts. (2) The Commission developed three alternative plans that would partially privatize Social Security by diverting substantial monies from the Social Security trust funds to pay for the private accounts, which threatens benefits for current beneficiaries by significantly weakening the financial condition of the trust funds. (3) These reductions in guaranteed benefits apply to all workers, regardless of whether they choose to have an individual account or not. (4) Substituting private accounts for guaranteed Social Security benefits increases financial risk for retirees, disabled workers, and their families; reduces Social Security protections for women, low-income workers, and many members of minority groups; and erodes benefits for the dependent children of workers who retire, become disabled, or die. (5) Private investments in the stock market of funds that have been diverted away from the Social Security trust funds are an inherent risk to Americans who currently depend upon secure Social Security trust funds, or anticipate receiving their earned benefits as they approach retirement. 3. Rejection of privatization The Congress hereby commits to preserve the guaranteed, lifelong, inflation-protected benefits provided under title II of the Social Security Act to retirees, disabled workers, and their families, and the survivors of deceased workers, by rejecting plans to institute Personal Retirement Accounts, or any other forms of private accounts, which would divert or remove all or portions of monies from the Social Security trust funds and reduce the retirement security of current and future beneficiaries, and which would reduce guaranteed Social Security benefits for retirees, disabled workers, and survivors.
2,193
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For the relief of Mounir Adel Hajjar.
[ { "text": "1. PERMANENT RESIDENT STATUS FOR MOUNIR ADEL HAJJAR \n(a) In General \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Mounir Adel Hajjar shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Mounir Adel Hajjar enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Mounir Adel Hajjar, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Mounir Adel Hajjar shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HFA1DE8EF1B024342BDB99612A11E83C", "header": "PERMANENT RESIDENT STATUS FOR MOUNIR ADEL HAJJAR" } ]
1
1. PERMANENT RESIDENT STATUS FOR MOUNIR ADEL HAJJAR (a) In General Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Mounir Adel Hajjar shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Mounir Adel Hajjar enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Mounir Adel Hajjar, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Mounir Adel Hajjar shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
1,957
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ih
To provide for the expiration of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, known as the Helms-Burton Act, on March 31, 2003.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H99A76C11143C4A8AB1D81EC9C73696BC", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) The purpose of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, known as the Helms-Burton Act, was to seek international sanctions against the Castro Government in Cuba and to plan for support of a transition government leading to a democratically elected government in Cuba. (2) The LIBERTAD Act and other sanctions implemented by the United States against Cuba and its foreign investors have failed to promote democracy, denied Cubans access to food and medicine, and undermined trade relations between the United States and its strongest allies. (3) The President of the United States, as authorized under title III of that Act, has suspended the right to bring any action under that title every 6 months since the enactment of that Act, so that significant provisions of the legislation have never been in full force. (4) The United States can best support democratic change and human rights in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges.", "id": "H0E67B60CBF044F4DB237001516D09B2", "header": "Findings" }, { "text": "3. Expiration of the LIBERTAD Act \nThe Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 shall cease to be effective on March 31, 2003.", "id": "H73536E21D2EF4A37BAA606CAAD008E00", "header": "Expiration of the LIBERTAD Act" }, { "text": "4. Conforming Amendments \n(a) Cuban Democracy Act of 1992 \n(1) Section 1704(b)(2) of the Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2)) is amended— (A) by inserting and at the end of subparagraph (A); (B) by striking subparagraph (B); (C) by redesignating subparagraph (C) as subparagraph (B); and (D) by striking the flush sentence at the end. (2) Section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended by striking paragraphs (5) and (6). (b) Foreign Assistance Act of 1961 \n(1) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended— (A) in subsection (a)(11) by striking and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos , and inserting facilities, ; (B) in subsection (b)— (i) in paragraph (4) by adding and after the semicolon; (ii) by striking paragraph (5); and (iii) by redesignating paragraph (6) as paragraph (5); and (C) by striking subsection (d). (2) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (c) title 28, United States Code \nSection 1611 of title 28, United States Code, is amended by striking subsection (c). (d) International Claims Settlement Act of 1949 \nSections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 16431 and 1643m) are repealed. (e) Effective Date \nThe amendments made by this section shall take effect on March 31, 2003.", "id": "H58643A5183994D079E1F2277D9070021", "header": "Conforming Amendments" }, { "text": "5. No right of action \nNo action under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 may be brought on or after March 31, 2003, with respect to trafficking (as defined under that Act) occurring before, on, or after that date.", "id": "HCDE3F6CEB78140D1B7DBD8D4CF76E76D", "header": "No right of action" }, { "text": "6. Termination of Actions under title IV \n(a) Termination of actions under title IV \nAs of March 1, 2003— (1) all denials of visas and all exclusions pursuant to title IV of the Cuban Liberty and Democratic and Solidarity (LIBERTAD) Act of 1996 shall expire; and (2) the names of all persons subject to such denials or exclusions shall be removed from any lists or other records used by the Secretary of State or the Attorney General to enforce title IV of that Act. (b) Notification \nNot later than June 30, 2003, the Secretary of State shall notify in writing all persons subject to denials or exclusions to which subsection (a) applies of the expiration and removal under subsection (a).", "id": "H7356BAD2E5844405B25B08D05105DDC7", "header": "Termination of Actions under title IV" } ]
6
1. Short title This Act may be cited as the. 2. Findings The Congress finds the following: (1) The purpose of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, known as the Helms-Burton Act, was to seek international sanctions against the Castro Government in Cuba and to plan for support of a transition government leading to a democratically elected government in Cuba. (2) The LIBERTAD Act and other sanctions implemented by the United States against Cuba and its foreign investors have failed to promote democracy, denied Cubans access to food and medicine, and undermined trade relations between the United States and its strongest allies. (3) The President of the United States, as authorized under title III of that Act, has suspended the right to bring any action under that title every 6 months since the enactment of that Act, so that significant provisions of the legislation have never been in full force. (4) The United States can best support democratic change and human rights in Cuba by promoting trade and commerce, travel, communications, and cultural, academic, and scientific exchanges. 3. Expiration of the LIBERTAD Act The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 shall cease to be effective on March 31, 2003. 4. Conforming Amendments (a) Cuban Democracy Act of 1992 (1) Section 1704(b)(2) of the Cuban Democracy Act of 1992 (22 U.S.C. 6003(b)(2)) is amended— (A) by inserting and at the end of subparagraph (A); (B) by striking subparagraph (B); (C) by redesignating subparagraph (C) as subparagraph (B); and (D) by striking the flush sentence at the end. (2) Section 1705(e) of the Cuban Democracy Act of 1992 (22 U.S.C. 6004(e)) is amended by striking paragraphs (5) and (6). (b) Foreign Assistance Act of 1961 (1) Section 498A of the Foreign Assistance Act of 1961 (22 U.S.C. 2295a) is amended— (A) in subsection (a)(11) by striking and intelligence facilities, including the military and intelligence facilities at Lourdes and Cienfuegos , and inserting facilities, ; (B) in subsection (b)— (i) in paragraph (4) by adding and after the semicolon; (ii) by striking paragraph (5); and (iii) by redesignating paragraph (6) as paragraph (5); and (C) by striking subsection (d). (2) Section 498B(k) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(k)) is amended by striking paragraphs (3) and (4). (c) title 28, United States Code Section 1611 of title 28, United States Code, is amended by striking subsection (c). (d) International Claims Settlement Act of 1949 Sections 514 and 515 of the International Claims Settlement Act of 1949 (22 U.S.C. 16431 and 1643m) are repealed. (e) Effective Date The amendments made by this section shall take effect on March 31, 2003. 5. No right of action No action under section 302 of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 may be brought on or after March 31, 2003, with respect to trafficking (as defined under that Act) occurring before, on, or after that date. 6. Termination of Actions under title IV (a) Termination of actions under title IV As of March 1, 2003— (1) all denials of visas and all exclusions pursuant to title IV of the Cuban Liberty and Democratic and Solidarity (LIBERTAD) Act of 1996 shall expire; and (2) the names of all persons subject to such denials or exclusions shall be removed from any lists or other records used by the Secretary of State or the Attorney General to enforce title IV of that Act. (b) Notification Not later than June 30, 2003, the Secretary of State shall notify in writing all persons subject to denials or exclusions to which subsection (a) applies of the expiration and removal under subsection (a).
3,701
107hr1074ih
107
hr
1,074
ih
To provide Government XML regulatory costs and benefits, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H682DE35E407875CD0098BE92D3CE4FF", "header": "Short title" }, { "text": "2. Purposes \nThe purposes of this Act are to— (1) promote the public right-to-know about the costs and benefits of Federal regulatory programs and rules; (2) increase Government accountability; and (3) improve the quality of Federal regulatory programs and rules.", "id": "HFD8BA6F645BC8801C1F8A6AFFD52CD1", "header": "Purposes" }, { "text": "3. Definitions \nIn this Act: (1) In general \nExcept as otherwise provided in this section, the definitions under section 551 of title 5, United States Code, shall apply to this Act. (2) Benefit \nThe term benefit means the reasonably identifiable significant favorable effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a rule. (3) Cost \nThe term cost means the reasonably identifiable significant adverse effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a rule. (4) Director \nThe term Director means the Director of the Office of Management and Budget. (5) Major rule \nThe term major rule means any rule as that term is defined under section 804(2) of title 5, United States Code. (6) Minor rule \nI hope this MF works. (7) Paperwork \nThe term paperwork has the meaning given the term collection of information under section 3502 of title 44, United States Code. (8) Program component \nThe term program component means a set of related rules. 4. Accounting statement \n(a) In general \nNot later than February 5, 2001, and on the first Monday in February of each year thereafter, the President, acting through the Director of the Office of Management and Budget, shall prepare and submit to the Congress an accounting statement and associated report containing— (1) an estimate of the total annual costs and benefits of Federal regulatory programs, including rules and paperwork— (A) in the aggregate; (B) by agency, agency program, and program component; and (C) by major rule; (2) an analysis of direct and indirect impacts of Federal rules and paperwork on Federal, State, local, and tribal government, the private sector, small business, wages, consumer prices, productivity, economic growth, and distributional effects; (3) an identification and analysis of overlaps, duplications, and potential inconsistencies among Federal regulatory programs; and (4) recommendations to reform inefficient or ineffective regulatory programs or program components. (b) Net benefits and costs \nTo the extent feasible, the Director shall, in estimates contained in any submission under subsection (a)(1), quantify the net benefits or net costs of— (1) each program component covered by the submission; (2) each major rule covered by the submission; and (3) each option for which costs and benefits were included in any regulatory impact analysis issued for any major rule covered by the submission. (c) Summary of regulatory activity \nThe Director shall include in each submission under subsection (a)(1) a table stating the number of major rules and the number of nonmajor rules issued by each agency in the preceding fiscal year. (d) Years covered by accounting statement \nEach accounting statement submitted under this section shall, at a minimum— (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and each of the 4 fiscal years following that fiscal year; (2) cover previously expected costs and benefits for each of the 2 fiscal years preceding the fiscal year for which the statement is submitted, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to in paragraphs (1) and (2) that were included in the regulatory impact analysis that was prepared for the major rule. 5. Notice and comment \n(a) In general \nBefore submitting an accounting statement and the associated report to Congress under section 4, and before preparing final guidelines under section 6, the Director of the Office of Management and Budget shall— (1) provide public notice and an opportunity of at least 60 days for submission of comments on the statement and report or guidelines, respectively; and (2) consult with the Director of the Congressional Budget Office on the statement and report or guidelines, respectively. (b) Appendix \nAfter consideration of the comments, the Director shall include an appendix to the report or guidelines, respectively, addressing the public comments and peer review comments under section 7. 6. Guidelines from the office of management and budget \n(a) In general \nNot later than 270 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Council of Economic Advisors, shall issue guidelines to agencies to standardize— (1) most plausible measures of costs and benefits; and (2) the format of information provided for accounting statements. (b) Review \nThe Director shall review submissions from the agencies to ensure consistency with the guidelines under this section. 7. Peer review \n(a) In general \nThe Director of the Office of Management and Budget shall arrange for 2 or more organizations that have nationally recognized expertise in regulatory analysis and regulatory accounting and that are independent of and external to the Government, to provide peer review of each accounting statement and associated report under section 4 and the guidelines under section 6 before the statement, report, or guidelines are final. (b) Written comments \nThe peer review under this section shall provide written comments to the Director in a timely manner. The Director shall use the peer review comments in preparing the final statements, associated reports, and guidelines. (c) FACA \nPeer review under this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).", "id": "H1157D72743EF97EDA2B6E788BFC206F", "header": "Definitions" }, { "text": "4. Accounting statement \n(a) In general \nNot later than February 5, 2001, and on the first Monday in February of each year thereafter, the President, acting through the Director of the Office of Management and Budget, shall prepare and submit to the Congress an accounting statement and associated report containing— (1) an estimate of the total annual costs and benefits of Federal regulatory programs, including rules and paperwork— (A) in the aggregate; (B) by agency, agency program, and program component; and (C) by major rule; (2) an analysis of direct and indirect impacts of Federal rules and paperwork on Federal, State, local, and tribal government, the private sector, small business, wages, consumer prices, productivity, economic growth, and distributional effects; (3) an identification and analysis of overlaps, duplications, and potential inconsistencies among Federal regulatory programs; and (4) recommendations to reform inefficient or ineffective regulatory programs or program components. (b) Net benefits and costs \nTo the extent feasible, the Director shall, in estimates contained in any submission under subsection (a)(1), quantify the net benefits or net costs of— (1) each program component covered by the submission; (2) each major rule covered by the submission; and (3) each option for which costs and benefits were included in any regulatory impact analysis issued for any major rule covered by the submission. (c) Summary of regulatory activity \nThe Director shall include in each submission under subsection (a)(1) a table stating the number of major rules and the number of nonmajor rules issued by each agency in the preceding fiscal year. (d) Years covered by accounting statement \nEach accounting statement submitted under this section shall, at a minimum— (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and each of the 4 fiscal years following that fiscal year; (2) cover previously expected costs and benefits for each of the 2 fiscal years preceding the fiscal year for which the statement is submitted, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to in paragraphs (1) and (2) that were included in the regulatory impact analysis that was prepared for the major rule.", "id": "H1C94AF4B43A1785BD5EC2E839ECFB1D", "header": "Accounting statement" }, { "text": "5. Notice and comment \n(a) In general \nBefore submitting an accounting statement and the associated report to Congress under section 4, and before preparing final guidelines under section 6, the Director of the Office of Management and Budget shall— (1) provide public notice and an opportunity of at least 60 days for submission of comments on the statement and report or guidelines, respectively; and (2) consult with the Director of the Congressional Budget Office on the statement and report or guidelines, respectively. (b) Appendix \nAfter consideration of the comments, the Director shall include an appendix to the report or guidelines, respectively, addressing the public comments and peer review comments under section 7.", "id": "HCB17C1704A9F0F31136D8689F01D36B", "header": "Notice and comment" }, { "text": "6. Guidelines from the office of management and budget \n(a) In general \nNot later than 270 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Council of Economic Advisors, shall issue guidelines to agencies to standardize— (1) most plausible measures of costs and benefits; and (2) the format of information provided for accounting statements. (b) Review \nThe Director shall review submissions from the agencies to ensure consistency with the guidelines under this section.", "id": "H42C0DC184A57D1DB90F1949B52A2BD0", "header": "Guidelines from the office of management and budget" }, { "text": "7. Peer review \n(a) In general \nThe Director of the Office of Management and Budget shall arrange for 2 or more organizations that have nationally recognized expertise in regulatory analysis and regulatory accounting and that are independent of and external to the Government, to provide peer review of each accounting statement and associated report under section 4 and the guidelines under section 6 before the statement, report, or guidelines are final. (b) Written comments \nThe peer review under this section shall provide written comments to the Director in a timely manner. The Director shall use the peer review comments in preparing the final statements, associated reports, and guidelines. (c) FACA \nPeer review under this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).", "id": "HA0A205004D07B5F9F5E5C6B17B7B7FA", "header": "Peer review" } ]
7
1. Short title This Act may be cited as the. 2. Purposes The purposes of this Act are to— (1) promote the public right-to-know about the costs and benefits of Federal regulatory programs and rules; (2) increase Government accountability; and (3) improve the quality of Federal regulatory programs and rules. 3. Definitions In this Act: (1) In general Except as otherwise provided in this section, the definitions under section 551 of title 5, United States Code, shall apply to this Act. (2) Benefit The term benefit means the reasonably identifiable significant favorable effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a rule. (3) Cost The term cost means the reasonably identifiable significant adverse effects, quantifiable and nonquantifiable, including social, health, safety, environmental, and economic effects, that are expected to result from implementation of, or compliance with, a rule. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Major rule The term major rule means any rule as that term is defined under section 804(2) of title 5, United States Code. (6) Minor rule I hope this MF works. (7) Paperwork The term paperwork has the meaning given the term collection of information under section 3502 of title 44, United States Code. (8) Program component The term program component means a set of related rules. 4. Accounting statement (a) In general Not later than February 5, 2001, and on the first Monday in February of each year thereafter, the President, acting through the Director of the Office of Management and Budget, shall prepare and submit to the Congress an accounting statement and associated report containing— (1) an estimate of the total annual costs and benefits of Federal regulatory programs, including rules and paperwork— (A) in the aggregate; (B) by agency, agency program, and program component; and (C) by major rule; (2) an analysis of direct and indirect impacts of Federal rules and paperwork on Federal, State, local, and tribal government, the private sector, small business, wages, consumer prices, productivity, economic growth, and distributional effects; (3) an identification and analysis of overlaps, duplications, and potential inconsistencies among Federal regulatory programs; and (4) recommendations to reform inefficient or ineffective regulatory programs or program components. (b) Net benefits and costs To the extent feasible, the Director shall, in estimates contained in any submission under subsection (a)(1), quantify the net benefits or net costs of— (1) each program component covered by the submission; (2) each major rule covered by the submission; and (3) each option for which costs and benefits were included in any regulatory impact analysis issued for any major rule covered by the submission. (c) Summary of regulatory activity The Director shall include in each submission under subsection (a)(1) a table stating the number of major rules and the number of nonmajor rules issued by each agency in the preceding fiscal year. (d) Years covered by accounting statement Each accounting statement submitted under this section shall, at a minimum— (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and each of the 4 fiscal years following that fiscal year; (2) cover previously expected costs and benefits for each of the 2 fiscal years preceding the fiscal year for which the statement is submitted, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to in paragraphs (1) and (2) that were included in the regulatory impact analysis that was prepared for the major rule. 5. Notice and comment (a) In general Before submitting an accounting statement and the associated report to Congress under section 4, and before preparing final guidelines under section 6, the Director of the Office of Management and Budget shall— (1) provide public notice and an opportunity of at least 60 days for submission of comments on the statement and report or guidelines, respectively; and (2) consult with the Director of the Congressional Budget Office on the statement and report or guidelines, respectively. (b) Appendix After consideration of the comments, the Director shall include an appendix to the report or guidelines, respectively, addressing the public comments and peer review comments under section 7. 6. Guidelines from the office of management and budget (a) In general Not later than 270 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Council of Economic Advisors, shall issue guidelines to agencies to standardize— (1) most plausible measures of costs and benefits; and (2) the format of information provided for accounting statements. (b) Review The Director shall review submissions from the agencies to ensure consistency with the guidelines under this section. 7. Peer review (a) In general The Director of the Office of Management and Budget shall arrange for 2 or more organizations that have nationally recognized expertise in regulatory analysis and regulatory accounting and that are independent of and external to the Government, to provide peer review of each accounting statement and associated report under section 4 and the guidelines under section 6 before the statement, report, or guidelines are final. (b) Written comments The peer review under this section shall provide written comments to the Director in a timely manner. The Director shall use the peer review comments in preparing the final statements, associated reports, and guidelines. (c) FACA Peer review under this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 4. Accounting statement (a) In general Not later than February 5, 2001, and on the first Monday in February of each year thereafter, the President, acting through the Director of the Office of Management and Budget, shall prepare and submit to the Congress an accounting statement and associated report containing— (1) an estimate of the total annual costs and benefits of Federal regulatory programs, including rules and paperwork— (A) in the aggregate; (B) by agency, agency program, and program component; and (C) by major rule; (2) an analysis of direct and indirect impacts of Federal rules and paperwork on Federal, State, local, and tribal government, the private sector, small business, wages, consumer prices, productivity, economic growth, and distributional effects; (3) an identification and analysis of overlaps, duplications, and potential inconsistencies among Federal regulatory programs; and (4) recommendations to reform inefficient or ineffective regulatory programs or program components. (b) Net benefits and costs To the extent feasible, the Director shall, in estimates contained in any submission under subsection (a)(1), quantify the net benefits or net costs of— (1) each program component covered by the submission; (2) each major rule covered by the submission; and (3) each option for which costs and benefits were included in any regulatory impact analysis issued for any major rule covered by the submission. (c) Summary of regulatory activity The Director shall include in each submission under subsection (a)(1) a table stating the number of major rules and the number of nonmajor rules issued by each agency in the preceding fiscal year. (d) Years covered by accounting statement Each accounting statement submitted under this section shall, at a minimum— (1) cover expected costs and benefits for the fiscal year for which the statement is submitted and each of the 4 fiscal years following that fiscal year; (2) cover previously expected costs and benefits for each of the 2 fiscal years preceding the fiscal year for which the statement is submitted, or the most recent revision of such costs and benefits; and (3) with respect to each major rule, include the estimates of costs and benefits for each of the fiscal years referred to in paragraphs (1) and (2) that were included in the regulatory impact analysis that was prepared for the major rule. 5. Notice and comment (a) In general Before submitting an accounting statement and the associated report to Congress under section 4, and before preparing final guidelines under section 6, the Director of the Office of Management and Budget shall— (1) provide public notice and an opportunity of at least 60 days for submission of comments on the statement and report or guidelines, respectively; and (2) consult with the Director of the Congressional Budget Office on the statement and report or guidelines, respectively. (b) Appendix After consideration of the comments, the Director shall include an appendix to the report or guidelines, respectively, addressing the public comments and peer review comments under section 7. 6. Guidelines from the office of management and budget (a) In general Not later than 270 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Council of Economic Advisors, shall issue guidelines to agencies to standardize— (1) most plausible measures of costs and benefits; and (2) the format of information provided for accounting statements. (b) Review The Director shall review submissions from the agencies to ensure consistency with the guidelines under this section. 7. Peer review (a) In general The Director of the Office of Management and Budget shall arrange for 2 or more organizations that have nationally recognized expertise in regulatory analysis and regulatory accounting and that are independent of and external to the Government, to provide peer review of each accounting statement and associated report under section 4 and the guidelines under section 6 before the statement, report, or guidelines are final. (b) Written comments The peer review under this section shall provide written comments to the Director in a timely manner. The Director shall use the peer review comments in preparing the final statements, associated reports, and guidelines. (c) FACA Peer review under this section shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
10,497
107hr5691ih
107
hr
5,691
ih
For the relief of Natasha Oligovna Russo and Anya Oligovna.
[ { "text": "1. Permanent resident status for Natasha Oligovna Russo and Anya Oligovna \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Natasha Oligovna Russo and Anya Oligovna shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Natasha Oligovna Russo or Anya Oligovna enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Natasha Oligovna Russo and Anya Oligovna, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Natasha Oligovna Russo and Anya Oligovna shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HC0BB7D6DCF33495B80EFFFD1A77FD743", "header": "Permanent resident status for Natasha Oligovna Russo and Anya Oligovna" } ]
1
1. Permanent resident status for Natasha Oligovna Russo and Anya Oligovna (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Natasha Oligovna Russo and Anya Oligovna shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Natasha Oligovna Russo or Anya Oligovna enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Natasha Oligovna Russo and Anya Oligovna, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Natasha Oligovna Russo and Anya Oligovna shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
2,072
107hr5699ih
107
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5,699
ih
To support the efforts of the California Missions Foundation to restore and repair the Spanish colonial and mission-era missions in the State of California and to preserve the artworks and artifacts of these missions, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the California Missions Preservation Act of 2002.", "id": "H4EBCA414787840D1A232B9E7D82DABA8", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The California missions represent some of our Nation’s oldest historical treasures. (2) The first of the California missions was founded in 1769, and eventually a chain of 21 missions and various sub-missions extended along the coast of California on El Camino Real. (3) The California missions contribute greatly to the rich historical, cultural, and architectural heritage of California and the American West. (4) The knowledge and cultural influence of native California Indians made a lasting contribution to the early settlement of Califonia and the development of the California's missions. (5) More than 5,300,000 people visit the California missions annually, and the historical importance of the California missions extends worldwide as they have become a frequent destination for foreign visitors to the United States. (6) The history of the California missions is an important educational component in California schools, and the study of the California missions is part of the Statewide fourth grade curricula on California history. (7) Restoration and repair of the California missions, and the preservation of the Spanish colonial and mission-era artworks and artifacts of the California missions, for the public enjoyment will ensure that future generations also have the benefit of experiencing and appreciating these great symbols of the spirit of exploration and discovery in the American West.", "id": "HC3A7227DEAE647BEAEA7F5A2102735D3", "header": "Findings" }, { "text": "3. Support for the restoration and preservation of the California missions \n(a) Definitions \nIn this section: (1) California missions \nThe term California missions means the following historic Spanish missions located in the State of California and designated as California Registered Historical Landmarks: (A) Mission La Purisima Concepcion, Lompoc. (B) Mission La Soledad, Soledad. (C) Mission San Antonio de Padua, Jolon. (D) Mission San Buenaventura, Ventura (E) Mission San Carlos Borromeo del Rio Carmelo, Carmel. (F) Mission San Diego Alcala, San Diego. (G) Mission San Fernando Rey de Espana, Mission Hills. (H) Mission San Francisco de Asis, San Francisco. (I) Mission San Francisco Solano, Sonoma. (J) Mission San Gabriel Arcangel, San Gabriel. (K) Mission San Jose, Fremont. (L) Mission San Juan Bautista, San Juan Bautista. (M) Mission San Juan Capistrano, San Juan Capistrano. (N) Mission San Luis Obispo de Tolosa and its Asistencia (sub-mission) of Santa Margarita de Cortona, San Luis Obispo. (O) Mission San Luis Rey de Francia and its Asistencia (sub-mission), Oceanside. (P) Mission San Miguel Arcangel, San Miguel. (Q) Mission San Rafael Arcangel, San Rafael. (R) Mission Santa Barbara Virgen y Martir, Santa Barbara. (S) Mission Santa Clara de Asis, Santa Clara. (T) Mission Santa Cruz, Santa Cruz. (U) Mission Santa Ines Virgen y Martir, Solvang. (V) Asistencia San Antonio de Pala, Pala. (2) California missions foundation \nThe term California Missions Foundation means the charitable corporation established in the State of California in 1998 to fund the restoration and repair of the California missions and the preservation of the Spanish colonial and mission-era artworks and artifacts of the California missions. The Foundation is exempt from State franchise and income tax and is organized and operated exclusively for charitable purposes under section 501(c)(3) of the Internal Revenue Code of 1986. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (b) Grants authorized \nThe Secretary of the Interior may make grants to the California Missions Foundation to support the efforts of the California Missions Foundation to restore and repair the California missions and to preserve the artworks and artifacts associated with the California missions. As provided in section 101(e)(4) of the National Historic Preservation Act (16 U.S.C. 470a(e)(4)), the Secretary shall ensure that the purpose of a grant under this section is secular, does not promote religion, and seeks to protect those qualities that are historically significant. (c) Application \nIn order to receive a grant under this section for the preservation of the California missions, the California Missions Foundation shall submit to the Secretary an application that includes— (1) a status report on the condition of the infrastructure and artifacts for each of the California missions; and (2) a comprehensive program for restoration, repair, and preservation of such infrastructure and artifacts, including prioritized preservation efforts to be conducted over a 5-year period and the estimated costs of such preservation efforts. (d) Matching Fund Requirement \nThe Secretary shall require the California Missions Foundation to match grant funds provided under this section. (e) Report \nAs a condition of a grant under this section, the California Missions Foundation shall submit to the Secretary an annual report on the status of the preservation efforts undertaken using grant funds provided under this section. The Secretary shall submit a copy of each report to Congress. (f) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary a total of $10,000,000 during the five-fiscal year period beginning October 1, 2003, to make grants under this section. Funds appropriated pursuant to the authorization of appropriations in this section shall be in addition to any funds made available for preservation efforts in the State of California under the National Historic Preservation Act.", "id": "H27BB3F8AD67C4A07A1C53EA30633B57", "header": "Support for the restoration and preservation of the California missions" } ]
3
1. Short title This Act may be cited as the California Missions Preservation Act of 2002. 2. Findings Congress finds the following: (1) The California missions represent some of our Nation’s oldest historical treasures. (2) The first of the California missions was founded in 1769, and eventually a chain of 21 missions and various sub-missions extended along the coast of California on El Camino Real. (3) The California missions contribute greatly to the rich historical, cultural, and architectural heritage of California and the American West. (4) The knowledge and cultural influence of native California Indians made a lasting contribution to the early settlement of Califonia and the development of the California's missions. (5) More than 5,300,000 people visit the California missions annually, and the historical importance of the California missions extends worldwide as they have become a frequent destination for foreign visitors to the United States. (6) The history of the California missions is an important educational component in California schools, and the study of the California missions is part of the Statewide fourth grade curricula on California history. (7) Restoration and repair of the California missions, and the preservation of the Spanish colonial and mission-era artworks and artifacts of the California missions, for the public enjoyment will ensure that future generations also have the benefit of experiencing and appreciating these great symbols of the spirit of exploration and discovery in the American West. 3. Support for the restoration and preservation of the California missions (a) Definitions In this section: (1) California missions The term California missions means the following historic Spanish missions located in the State of California and designated as California Registered Historical Landmarks: (A) Mission La Purisima Concepcion, Lompoc. (B) Mission La Soledad, Soledad. (C) Mission San Antonio de Padua, Jolon. (D) Mission San Buenaventura, Ventura (E) Mission San Carlos Borromeo del Rio Carmelo, Carmel. (F) Mission San Diego Alcala, San Diego. (G) Mission San Fernando Rey de Espana, Mission Hills. (H) Mission San Francisco de Asis, San Francisco. (I) Mission San Francisco Solano, Sonoma. (J) Mission San Gabriel Arcangel, San Gabriel. (K) Mission San Jose, Fremont. (L) Mission San Juan Bautista, San Juan Bautista. (M) Mission San Juan Capistrano, San Juan Capistrano. (N) Mission San Luis Obispo de Tolosa and its Asistencia (sub-mission) of Santa Margarita de Cortona, San Luis Obispo. (O) Mission San Luis Rey de Francia and its Asistencia (sub-mission), Oceanside. (P) Mission San Miguel Arcangel, San Miguel. (Q) Mission San Rafael Arcangel, San Rafael. (R) Mission Santa Barbara Virgen y Martir, Santa Barbara. (S) Mission Santa Clara de Asis, Santa Clara. (T) Mission Santa Cruz, Santa Cruz. (U) Mission Santa Ines Virgen y Martir, Solvang. (V) Asistencia San Antonio de Pala, Pala. (2) California missions foundation The term California Missions Foundation means the charitable corporation established in the State of California in 1998 to fund the restoration and repair of the California missions and the preservation of the Spanish colonial and mission-era artworks and artifacts of the California missions. The Foundation is exempt from State franchise and income tax and is organized and operated exclusively for charitable purposes under section 501(c)(3) of the Internal Revenue Code of 1986. (3) Secretary The term Secretary means the Secretary of the Interior. (b) Grants authorized The Secretary of the Interior may make grants to the California Missions Foundation to support the efforts of the California Missions Foundation to restore and repair the California missions and to preserve the artworks and artifacts associated with the California missions. As provided in section 101(e)(4) of the National Historic Preservation Act (16 U.S.C. 470a(e)(4)), the Secretary shall ensure that the purpose of a grant under this section is secular, does not promote religion, and seeks to protect those qualities that are historically significant. (c) Application In order to receive a grant under this section for the preservation of the California missions, the California Missions Foundation shall submit to the Secretary an application that includes— (1) a status report on the condition of the infrastructure and artifacts for each of the California missions; and (2) a comprehensive program for restoration, repair, and preservation of such infrastructure and artifacts, including prioritized preservation efforts to be conducted over a 5-year period and the estimated costs of such preservation efforts. (d) Matching Fund Requirement The Secretary shall require the California Missions Foundation to match grant funds provided under this section. (e) Report As a condition of a grant under this section, the California Missions Foundation shall submit to the Secretary an annual report on the status of the preservation efforts undertaken using grant funds provided under this section. The Secretary shall submit a copy of each report to Congress. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary a total of $10,000,000 during the five-fiscal year period beginning October 1, 2003, to make grants under this section. Funds appropriated pursuant to the authorization of appropriations in this section shall be in addition to any funds made available for preservation efforts in the State of California under the National Historic Preservation Act.
5,586
107hr5736ih
107
hr
5,736
ih
To provide for the conveyance of certain real property by the Administrator of General Services.
[ { "text": "1. Conveyance of land \n(a) Conveyance by Sale \nThe Administrator of General Services (in this Act referred to as the Administrator ) shall convey by sale, to the City of Key West, Florida, or the Monroe County Land Authority, Monroe County, Florida, all right, title, and interest in and to the parcel of land known as the Poinciana Plaza Housing property and located in the City of Key West, Florida (in this Act referred to as the property ). (b) Consideration \nAs a condition of the conveyance authorized under subsection (a), the grantee shall pay as consideration for the conveyance $2,500,000. The net proceeds received by the Administrator as payment pursuant to this subsection shall be deposited into the Department of Defense Base Closure Account 1990. (c) Description of property \nThe exact acreage and legal description of the property to be conveyed pursuant to subsection (a) shall be determined by a survey that is satisfactory to the Administrator. The cost of such survey shall be borne by the grantee. (d) Use restrictions \nFor a period of not less than 30 years that begins upon the conveyance pursuant to subsection (a)— (1) the property shall be used exclusively to provide housing and housing assistance for low- and moderate-income individuals and families; (2) not less than 60 percent of the dwelling units in the property shall be available only for occupancy by low-income individuals and families; and (3) not more than 40 percent of the dwelling units in the property shall be available only for occupancy by moderate-income individuals and families. The Administrator shall include the restrictions under this subsection in the deed conveying the property and shall enter into any other such legally binding agreements as may be necessary to ensure compliance with this subsection. (e) Reversionary interest \nIf, during the 30-year period referred to in subsection (d), the Secretary of Housing and Urban Development determines that the property is not being used and occupied in accordance with subsection (d), all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States. Upon such reversion, the United States shall immediately proceed to a public sale of the property. (f) Sales or reconveyance \nIf, during the 30-year period referred to in subsection (d), the grantee sells or reconveys any part or all of the property, the proceeds shall be returned to the United States and deposited into the Department of Defense Base Closure Account 1990. (g) Additional terms and conditions \nThe Administrator may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Administrator considers appropriate to protect the interest of the United States, including the recoupment of profits derived through a change in the legally permissible development.", "id": "HAC10D9F3E2E34007B42922FCE895D005", "header": "Conveyance of land" } ]
1
1. Conveyance of land (a) Conveyance by Sale The Administrator of General Services (in this Act referred to as the Administrator ) shall convey by sale, to the City of Key West, Florida, or the Monroe County Land Authority, Monroe County, Florida, all right, title, and interest in and to the parcel of land known as the Poinciana Plaza Housing property and located in the City of Key West, Florida (in this Act referred to as the property ). (b) Consideration As a condition of the conveyance authorized under subsection (a), the grantee shall pay as consideration for the conveyance $2,500,000. The net proceeds received by the Administrator as payment pursuant to this subsection shall be deposited into the Department of Defense Base Closure Account 1990. (c) Description of property The exact acreage and legal description of the property to be conveyed pursuant to subsection (a) shall be determined by a survey that is satisfactory to the Administrator. The cost of such survey shall be borne by the grantee. (d) Use restrictions For a period of not less than 30 years that begins upon the conveyance pursuant to subsection (a)— (1) the property shall be used exclusively to provide housing and housing assistance for low- and moderate-income individuals and families; (2) not less than 60 percent of the dwelling units in the property shall be available only for occupancy by low-income individuals and families; and (3) not more than 40 percent of the dwelling units in the property shall be available only for occupancy by moderate-income individuals and families. The Administrator shall include the restrictions under this subsection in the deed conveying the property and shall enter into any other such legally binding agreements as may be necessary to ensure compliance with this subsection. (e) Reversionary interest If, during the 30-year period referred to in subsection (d), the Secretary of Housing and Urban Development determines that the property is not being used and occupied in accordance with subsection (d), all right, title, and interest in and to the property, including any improvements thereon, shall revert to the United States. Upon such reversion, the United States shall immediately proceed to a public sale of the property. (f) Sales or reconveyance If, during the 30-year period referred to in subsection (d), the grantee sells or reconveys any part or all of the property, the proceeds shall be returned to the United States and deposited into the Department of Defense Base Closure Account 1990. (g) Additional terms and conditions The Administrator may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Administrator considers appropriate to protect the interest of the United States, including the recoupment of profits derived through a change in the legally permissible development.
2,891
107hr5497ih
107
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5,497
ih
To authorize assistance through eligible nongovernmental organizations to remove and dispose of unexploded ordnance in agriculturally-valuable lands in developing countries
[ { "text": "1. Short title \nThis Act may be cited as the Roots of Peace Act of 2002", "id": "H663C318A41314CA9003C4BA7A23721AB", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) There are more than an estimated 70,000,000 landmines in 70 countries--more than one-third of all countries in the world. (2) Landmines are indiscriminate weapons of mass destruction, detonating on the sandal of a child just as easily a on the boot of a soldier. (3) Every 22 minutes someone steps on a landmine. (4) More than 10,000 women and children are maimed or killed by landmines each year. (5) Many landmines are in developing countries that are working to build the governmental and social institutions that are necessary for social stability. (6) Many landmines are in agriculturally rich areas, such as Afghanistan's Shomali Valley, that, were it not for the risk to farmers wishing to cultivate the land, would provide food for the local people and contribute to the national economy. (7) The United Nations estimates that more than 700 square kilometers in Afghanistan are littered with 5,000,000 to 7,000,000 landmines. (8) More than 300 innocent people step on landmines each month in Afghanistan as they try to repatriate and farm their lands. (9) The Shomali Valley, now awash with landmines, was once considered the breadbasket of Afghanistan and is roughly the size of the San Juaquin Valley in California. (10) The United States Humanitarian Demining Program has organized crucial aid to Afghanistan and other nations for the removal of landmines and rehabilitation of the people and land affected by them. (11) Expanding the United States Humanitarian Demining Program to include assistance to nongovernmental organizations that carry out both demining activities and activities to develop agriculturally-valuable lands after such demining activities would strengthen the mission of the Program. (12) Nongovernmental organizations, like Roots for Peace, do critical work to remove landmines and help local populations redevelop that land for agriculture. (13) These organizations often have critical funding shortages that hamper their efforts to assist civilians worldwide. (14) Facilitating nongovernmental assistance to countries such as Afghanistan will foster goodwill among the local population, thereby promoting the national interest of the United States.", "id": "HD40D816DADA44F0DA9C9FC50A0DE2CCC", "header": "Findings" }, { "text": "3. Demining assistance for revitalization of agriculturally-valuable lands in developing countries \n(a) Assistance \nThe Secretary of State shall establish a program to provide grants to eligible nongovernmental organizations described in subsection (b) to remove and dispose of unexploded ordnance in agriculturally-valuable lands in developing countries. (b) Eligible NGOs \n(1) In general \nA nongovernmental organization is eligible to receive assistance under this section if the primary function of the organization is to facilitate the removal and disposal of unexploded ordnance in agriculturally-valuable lands and to develop such lands after the removal and disposal of such ordnance. (2) Roots of peace ngo \n$2,000,000 of the amount appropriated pursuant to the authorization of appropriations under subsection (e) is authorized to be made available for assistance under this section to the Roots of Peace nongovernmental organization in order to carry out activities described in subsection (a) in the Shomali Valley of Afghanistan. (c) Limitation \nThe Secretary of State shall ensure that not more than an appropriate percentage of the amount of a grant provided under this section is used by a nongovernmental organization for administrative costs in carrying out activities for which the grant was provided. (d) Report \nNot later than 1 year after the date of the enactment of this Act, the Secretary of State shall prepare and submit to Congress a report that describes projects and activities carried out by nongovernmental organizations using assistance received pursuant to subsection (a). (e) Authorization of Appropriations \n(1) In General \nThere is authorized to be appropriated to the Secretary of State to carry out this Act $10,000,000 for fiscal year 2003. (2) Availability \nAmounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.", "id": "H05CFC279ADEC4EF38B1FC8BC918C302B", "header": "Demining assistance for revitalization of agriculturally-valuable lands in developing countries" } ]
3
1. Short title This Act may be cited as the Roots of Peace Act of 2002 2. Findings Congress makes the following findings: (1) There are more than an estimated 70,000,000 landmines in 70 countries--more than one-third of all countries in the world. (2) Landmines are indiscriminate weapons of mass destruction, detonating on the sandal of a child just as easily a on the boot of a soldier. (3) Every 22 minutes someone steps on a landmine. (4) More than 10,000 women and children are maimed or killed by landmines each year. (5) Many landmines are in developing countries that are working to build the governmental and social institutions that are necessary for social stability. (6) Many landmines are in agriculturally rich areas, such as Afghanistan's Shomali Valley, that, were it not for the risk to farmers wishing to cultivate the land, would provide food for the local people and contribute to the national economy. (7) The United Nations estimates that more than 700 square kilometers in Afghanistan are littered with 5,000,000 to 7,000,000 landmines. (8) More than 300 innocent people step on landmines each month in Afghanistan as they try to repatriate and farm their lands. (9) The Shomali Valley, now awash with landmines, was once considered the breadbasket of Afghanistan and is roughly the size of the San Juaquin Valley in California. (10) The United States Humanitarian Demining Program has organized crucial aid to Afghanistan and other nations for the removal of landmines and rehabilitation of the people and land affected by them. (11) Expanding the United States Humanitarian Demining Program to include assistance to nongovernmental organizations that carry out both demining activities and activities to develop agriculturally-valuable lands after such demining activities would strengthen the mission of the Program. (12) Nongovernmental organizations, like Roots for Peace, do critical work to remove landmines and help local populations redevelop that land for agriculture. (13) These organizations often have critical funding shortages that hamper their efforts to assist civilians worldwide. (14) Facilitating nongovernmental assistance to countries such as Afghanistan will foster goodwill among the local population, thereby promoting the national interest of the United States. 3. Demining assistance for revitalization of agriculturally-valuable lands in developing countries (a) Assistance The Secretary of State shall establish a program to provide grants to eligible nongovernmental organizations described in subsection (b) to remove and dispose of unexploded ordnance in agriculturally-valuable lands in developing countries. (b) Eligible NGOs (1) In general A nongovernmental organization is eligible to receive assistance under this section if the primary function of the organization is to facilitate the removal and disposal of unexploded ordnance in agriculturally-valuable lands and to develop such lands after the removal and disposal of such ordnance. (2) Roots of peace ngo $2,000,000 of the amount appropriated pursuant to the authorization of appropriations under subsection (e) is authorized to be made available for assistance under this section to the Roots of Peace nongovernmental organization in order to carry out activities described in subsection (a) in the Shomali Valley of Afghanistan. (c) Limitation The Secretary of State shall ensure that not more than an appropriate percentage of the amount of a grant provided under this section is used by a nongovernmental organization for administrative costs in carrying out activities for which the grant was provided. (d) Report Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall prepare and submit to Congress a report that describes projects and activities carried out by nongovernmental organizations using assistance received pursuant to subsection (a). (e) Authorization of Appropriations (1) In General There is authorized to be appropriated to the Secretary of State to carry out this Act $10,000,000 for fiscal year 2003. (2) Availability Amounts appropriated pursuant to the authorization of appropriations under paragraph (1) are authorized to remain available until expended.
4,250
107hr5711ih
107
hr
5,711
ih
For the relief of Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan.
[ { "text": "1. Permanent resident status for Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, or Iqra Hasan enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan, the Secretary of State shall instruct the proper officer to reduce by 5, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HA65C35468D44470882D1F100880474AC", "header": "Permanent resident status for Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan" } ]
1
1. Permanent resident status for Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, or Iqra Hasan enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan, the Secretary of State shall instruct the proper officer to reduce by 5, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Durreshahwar Durreshahwar, Nida Hasan, Asna Hasan, Anum Hasan, and Iqra Hasan shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
2,257
107hr5751ih
107
hr
5,751
ih
To provide the same immigration adjustment rights for Haitians as is provided for Cubans.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H4311BB48F22D4AA69B86353EFBC41400", "header": "Short title" }, { "text": "2. Application of Cuban Adjustment Act to Haitians \nEffective as of the date of the enactment of this Act, the first section of Public Law 89-732 (8 U.S.C. 1255 note) is amended by inserting or Haiti after Cuba.", "id": "HAFE20A6AF7D24E5AA95492EDB4009F07", "header": "Application of Cuban Adjustment Act to Haitians" } ]
2
1. Short title This Act may be cited as the. 2. Application of Cuban Adjustment Act to Haitians Effective as of the date of the enactment of this Act, the first section of Public Law 89-732 (8 U.S.C. 1255 note) is amended by inserting or Haiti after Cuba.
257
107hr5577ih
107
hr
5,577
ih
To disqualify certain persons from receiving Federal funds.
[ { "text": "1. Short title \nThis Act may be cited as the Truth in Financing Act.", "id": "HBF4DB42E0FD94B27902811287300666C", "header": "Short title" }, { "text": "2. Disqualification for Federal funding \nNotwithstanding any other provision of law, any recipient of Federal funds shall be disqualified for Federal funding of any type if, at a time when the recipient is receiving Federal funds for any of the recipient’s activities, the recipient is found by any Federal agency or Federal or State court to have— (1) made a false statement on an application for Federal funds; (2) violated any Federal law or regulation or State or local law punishable by imprisonment for at least 6 months or a fine of at least $5,000; and (3) aided or abetted the violation of any law or regulation described in paragraph (2).", "id": "HEC84430E0A2341EE8500CE9F8F86C5CB", "header": "Disqualification for Federal funding" }, { "text": "3. Cause of action \nNotwithstanding any other provision of law, or any judicial decision relating to issues of standing, any citizen of the United States may bring a private cause of action against any organization receiving Federal funds for violating the prohibition of section 2.", "id": "HFA5CE042D25B417F9EF7E0A352F016B2", "header": "Cause of action" } ]
3
1. Short title This Act may be cited as the Truth in Financing Act. 2. Disqualification for Federal funding Notwithstanding any other provision of law, any recipient of Federal funds shall be disqualified for Federal funding of any type if, at a time when the recipient is receiving Federal funds for any of the recipient’s activities, the recipient is found by any Federal agency or Federal or State court to have— (1) made a false statement on an application for Federal funds; (2) violated any Federal law or regulation or State or local law punishable by imprisonment for at least 6 months or a fine of at least $5,000; and (3) aided or abetted the violation of any law or regulation described in paragraph (2). 3. Cause of action Notwithstanding any other provision of law, or any judicial decision relating to issues of standing, any citizen of the United States may bring a private cause of action against any organization receiving Federal funds for violating the prohibition of section 2.
1,000
107hr5737ih
107
hr
5,737
ih
To posthumously revoke the naturalization of Eriberto Mederos.
[ { "text": "1. Short title \nThis Act may be cited as the Cuban Victims of Torture Act.", "id": "HF24C2749887546469FADE97797EC6F0", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Eriberto Mederos, a native of Cuba, was naturalized as a citizen of the United States in 1993. (2) On August 1, 2002, the jury returned a guilty verdict in a proceeding instituted for the purpose of revoking the order admitting Eriberto Mederos to citizenship on the ground that such order was procured by concealment of material facts and willful misrepresentations. (3) For almost two weeks preceding the verdict, the jury heard gruesome testimony from a series of witnesses revealing that, in the forensic wings of the Mazorra Psychiatric Hospital outside of Havana, Eriberto Mederos directed tortures against political prisoners, such as dragging, administration of electric shocks, and forced drug injections. He sometimes let his victims know that the cause of their suffering was counter-revolutionary opposition to the Communist dictatorship in Cuba. (4) These acts of torture were not revealed on Eriberto Mederos’s application for naturalization. (5) On August 23, 2002, Eriberto Mederos died before a sentence was imposed. (6) The jury verdict was abated solely because of his death. (7) Had Eriberto Mederos not died before sentencing, the guilty verdict of the jury would have led to the revocation of his naturalization. (8) The significance of the jury verdict is in no way depreciated by the fortuitous death of Eriberto Mederos. It stands as an established record that Eriberto Mederos illegally procured United States citizenship by concealing his role in torturing political prisoners on behalf of the Communist government of Cuba. (9) The suffering and indignity Eriberto Mederos inflicted on his victims should be recognized and addressed. (10) Eriberto Mederos should never have been granted United States citizenship.", "id": "HD818DAD06B3F4C1885CA05DB1611DC00", "header": "Findings" }, { "text": "3. Revocation of naturalization \nThe Attorney General shall take such actions as may be necessary to revoke and set aside the order admitting Eriberto Mederos to citizenship, and to cancel the certificate of naturalization that was issued pursuant to such order, on the ground that such order and certificate were procured by concealment of material facts and willful misrepresentations. Such revocation and setting aside of the order, and such canceling of the certificate of naturalization, shall be effective as of the original date of the order and certificate, respectively.", "id": "H887DAF37F4D541C899828086A0C9F35E", "header": "Revocation of naturalization" } ]
3
1. Short title This Act may be cited as the Cuban Victims of Torture Act. 2. Findings The Congress finds as follows: (1) Eriberto Mederos, a native of Cuba, was naturalized as a citizen of the United States in 1993. (2) On August 1, 2002, the jury returned a guilty verdict in a proceeding instituted for the purpose of revoking the order admitting Eriberto Mederos to citizenship on the ground that such order was procured by concealment of material facts and willful misrepresentations. (3) For almost two weeks preceding the verdict, the jury heard gruesome testimony from a series of witnesses revealing that, in the forensic wings of the Mazorra Psychiatric Hospital outside of Havana, Eriberto Mederos directed tortures against political prisoners, such as dragging, administration of electric shocks, and forced drug injections. He sometimes let his victims know that the cause of their suffering was counter-revolutionary opposition to the Communist dictatorship in Cuba. (4) These acts of torture were not revealed on Eriberto Mederos’s application for naturalization. (5) On August 23, 2002, Eriberto Mederos died before a sentence was imposed. (6) The jury verdict was abated solely because of his death. (7) Had Eriberto Mederos not died before sentencing, the guilty verdict of the jury would have led to the revocation of his naturalization. (8) The significance of the jury verdict is in no way depreciated by the fortuitous death of Eriberto Mederos. It stands as an established record that Eriberto Mederos illegally procured United States citizenship by concealing his role in torturing political prisoners on behalf of the Communist government of Cuba. (9) The suffering and indignity Eriberto Mederos inflicted on his victims should be recognized and addressed. (10) Eriberto Mederos should never have been granted United States citizenship. 3. Revocation of naturalization The Attorney General shall take such actions as may be necessary to revoke and set aside the order admitting Eriberto Mederos to citizenship, and to cancel the certificate of naturalization that was issued pursuant to such order, on the ground that such order and certificate were procured by concealment of material facts and willful misrepresentations. Such revocation and setting aside of the order, and such canceling of the certificate of naturalization, shall be effective as of the original date of the order and certificate, respectively.
2,443
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107
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5,732
ih
To amend the Clean Air Act regarding the conformity of transportation projects to implementation plans, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC63F3CC3C7624E9E986EC18700EE4646", "header": "Short title" }, { "text": "2. Amendments to the clean air act regarding estimates of emissions and conformity requirement \n(a) Amendments \nSection 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended— (1) in paragraph (1), by adding at the end the following: For the purpose of this subsection, estimates of emissions from motor vehicles and necessary emissions reduction contained in an implementation plan submitted under section 110 may be used in lieu of an implementation plan approved under section 110 if no such approved implementation plan is available. If the Administrator does not determine the adequacy of any estimates of emissions submitted to the Administrator for use under the preceding sentences within 90 days after the date of submission of the estimates, the estimates shall be deemed to be adequate. ; and (2) in paragraph (2)— (A) by striking the period at the end of subparagraph (C) and inserting a semicolon; (B) in subparagraph (D)— (i) by striking Any project and inserting any project ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) notwithstanding subparagraphs (C) and (D), a transportation project may proceed during a conformity lapse of the applicable transportation plan or transportation improvement program if— (i) the project was included in the first 3 years of the most recently conforming transportation plan and transportation improvement program (or the conformity determination's regional emissions analysis); and (ii) the design concept and scope of such project have not changed significantly from those analyses.. (b) Criteria and procedures \n(1) Revision \nNot later than 1 year after the date of enactment of this Act, and in accordance with the amendments made by subsection (a), the Administrator of the Environmental Protection Agency shall promulgate revised criteria and procedures under section 176(c)(4)(A) of the Clean Air Act (42 U.S.C. 7506(c)(4)(A)). (2) Transitional provision \nNotwithstanding the decision of the court in Environmental Defense Fund v. Environmental Protection Agency, 167 F.3d 641 (D.C. Cir. 1999), regulations promulgated under section 176(c)(4)(A) of the Clean Air Act (42 U.S.C. 7506(c)(4)(A)) shall apply as in effect on March 1, 1999— (A) beginning on the date of enactment of this Act; and (B) ending on the effective date of the criteria and procedures revised under paragraph (1).", "id": "HFCAD26FFBD8E483C8B3FDA1F6ECC7CC8", "header": "Amendments to the clean air act regarding estimates of emissions and conformity requirement" } ]
2
1. Short title This Act may be cited as the. 2. Amendments to the clean air act regarding estimates of emissions and conformity requirement (a) Amendments Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended— (1) in paragraph (1), by adding at the end the following: For the purpose of this subsection, estimates of emissions from motor vehicles and necessary emissions reduction contained in an implementation plan submitted under section 110 may be used in lieu of an implementation plan approved under section 110 if no such approved implementation plan is available. If the Administrator does not determine the adequacy of any estimates of emissions submitted to the Administrator for use under the preceding sentences within 90 days after the date of submission of the estimates, the estimates shall be deemed to be adequate. ; and (2) in paragraph (2)— (A) by striking the period at the end of subparagraph (C) and inserting a semicolon; (B) in subparagraph (D)— (i) by striking Any project and inserting any project ; and (ii) by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) notwithstanding subparagraphs (C) and (D), a transportation project may proceed during a conformity lapse of the applicable transportation plan or transportation improvement program if— (i) the project was included in the first 3 years of the most recently conforming transportation plan and transportation improvement program (or the conformity determination's regional emissions analysis); and (ii) the design concept and scope of such project have not changed significantly from those analyses.. (b) Criteria and procedures (1) Revision Not later than 1 year after the date of enactment of this Act, and in accordance with the amendments made by subsection (a), the Administrator of the Environmental Protection Agency shall promulgate revised criteria and procedures under section 176(c)(4)(A) of the Clean Air Act (42 U.S.C. 7506(c)(4)(A)). (2) Transitional provision Notwithstanding the decision of the court in Environmental Defense Fund v. Environmental Protection Agency, 167 F.3d 641 (D.C. Cir. 1999), regulations promulgated under section 176(c)(4)(A) of the Clean Air Act (42 U.S.C. 7506(c)(4)(A)) shall apply as in effect on March 1, 1999— (A) beginning on the date of enactment of this Act; and (B) ending on the effective date of the criteria and procedures revised under paragraph (1).
2,459
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107
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5,446
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To provide economic disaster assistance to producers of the 2002 crop of rice in the State of Louisiana
[ { "text": "1. Short title \nThis Act may be cited as the Louisiana Rice Economic Relief Act of 2002.", "id": "H6921234878CA490DBE05BC02D706CFE2", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) the rice industry in the State of Louisiana contributes significantly to the economy of the State, with an estimated annual value of approximately $250,000,000 and an estimated average annual economic benefit of approximately $1,000,000,000; (2) rice producers in the State are suffering from the lowest rice prices in more than 50 years; (3) with much of the 2002 crop of rice in the State being sold during harvest season, the market-derived income of producers from the sale of rice is falling to record low levels; (4) the historically-low income of producers from the sale of rice in the State, even when combined with Federal income support, still is devastating to— (A) rice producers in the State; (B) the rice industry infrastructure of the State; (C) businesses that serve and depend on the rice industry; and (D) communities in which rice producers and their families reside and in which the rice industry operates; (5) because of the significant reduction in total income and the current costs of production, many rice producers of the State will not cover their total expenses this year; (6) the historically-low prices of the 2002 crop of rice in the State have contributed to a combined market price and Federal support income level that is approximately $2.42 per hundredweight less than the average combined market price and Federal support income levels during the 1998 through 2001 period, which is approximately 22 percent below the average income level for the State for the same time period; and (7) due to the historically-low rice prices and reduced income, rice producers in the State and their families are faced with dire economic circumstances that are crippling them and the communities in which they live and work.", "id": "HA9959B28DC3B4BE3A83E78DD2FDC1D", "header": "Findings" }, { "text": "3. Economic disaster assistance for louisiana rice producers \n(a) In general \nThe Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make payments, as soon as practicable after the date of enactment of this Act, to producers of the 2002 crop of rice on farms located in the State of Louisiana, to assist producers as a result of the disastrous economic conditions occurring with the 2002 crop of rice. (b) Amount \nThe amount of a payment made to producers on a farm under this section shall be equal to the product obtained by multiplying— (1) the actual quantity of rice produced by the producers on the farm during the 2002 crop year; and (2) a payment rate of $2.42 per hundredweight. (c) Payment limitation \n(1) In general \nThe total amount of payments that a person shall be entitled to receive under this section may not exceed $40,000. (2) Regulations \nThe Secretary shall promulgate regulations— (A) defining the term person for the purposes of this subsection, which shall conform, to the maximum extent practicable, to the regulations defining the term person promulgated under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308); and (B) promulgating such regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this subsection. (d) Information \nIn carrying out this section, the Secretary shall, to the maximum extent practicable— (1) use information that the Secretary has obtained from administering other provisions of law; and (2) minimize any additional information or requirements that are imposed on eligible producers. (e) Administrative offset \nPayments under this section shall not be subject to administrative offset, including administrative offset under chapter 37 of title 31, United States Code, or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.).", "id": "H8F9DD6AC4A644D7482D98A623DAEAC7", "header": "Economic disaster assistance for louisiana rice producers" }, { "text": "4. Commodity credit corporation \nThe Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act.", "id": "H359DABB1C1A144729666A02900D787F", "header": "Commodity credit corporation" }, { "text": "5. Regulations \n(a) In general \nThe Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure \nThe promulgation of the regulations and administration of this Act shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (c) Congressional review of agency rulemaking \nIn carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code.", "id": "HD6488F4030CC49619DBC6E09CB76BF40", "header": "Regulations" }, { "text": "6. Emergency designation \n(a) In general \nThe entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation \nThe entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).", "id": "HD06C82BA4E3041E9B6CC3DF120FE12B", "header": "Emergency designation" } ]
6
1. Short title This Act may be cited as the Louisiana Rice Economic Relief Act of 2002. 2. Findings Congress finds that— (1) the rice industry in the State of Louisiana contributes significantly to the economy of the State, with an estimated annual value of approximately $250,000,000 and an estimated average annual economic benefit of approximately $1,000,000,000; (2) rice producers in the State are suffering from the lowest rice prices in more than 50 years; (3) with much of the 2002 crop of rice in the State being sold during harvest season, the market-derived income of producers from the sale of rice is falling to record low levels; (4) the historically-low income of producers from the sale of rice in the State, even when combined with Federal income support, still is devastating to— (A) rice producers in the State; (B) the rice industry infrastructure of the State; (C) businesses that serve and depend on the rice industry; and (D) communities in which rice producers and their families reside and in which the rice industry operates; (5) because of the significant reduction in total income and the current costs of production, many rice producers of the State will not cover their total expenses this year; (6) the historically-low prices of the 2002 crop of rice in the State have contributed to a combined market price and Federal support income level that is approximately $2.42 per hundredweight less than the average combined market price and Federal support income levels during the 1998 through 2001 period, which is approximately 22 percent below the average income level for the State for the same time period; and (7) due to the historically-low rice prices and reduced income, rice producers in the State and their families are faced with dire economic circumstances that are crippling them and the communities in which they live and work. 3. Economic disaster assistance for louisiana rice producers (a) In general The Secretary of Agriculture shall use such sums as are necessary of funds of the Commodity Credit Corporation to make payments, as soon as practicable after the date of enactment of this Act, to producers of the 2002 crop of rice on farms located in the State of Louisiana, to assist producers as a result of the disastrous economic conditions occurring with the 2002 crop of rice. (b) Amount The amount of a payment made to producers on a farm under this section shall be equal to the product obtained by multiplying— (1) the actual quantity of rice produced by the producers on the farm during the 2002 crop year; and (2) a payment rate of $2.42 per hundredweight. (c) Payment limitation (1) In general The total amount of payments that a person shall be entitled to receive under this section may not exceed $40,000. (2) Regulations The Secretary shall promulgate regulations— (A) defining the term person for the purposes of this subsection, which shall conform, to the maximum extent practicable, to the regulations defining the term person promulgated under section 1001 of the Food Security Act of 1985 (7 U.S.C. 1308); and (B) promulgating such regulations as the Secretary determines necessary to ensure a fair and reasonable application of the limitation established under this subsection. (d) Information In carrying out this section, the Secretary shall, to the maximum extent practicable— (1) use information that the Secretary has obtained from administering other provisions of law; and (2) minimize any additional information or requirements that are imposed on eligible producers. (e) Administrative offset Payments under this section shall not be subject to administrative offset, including administrative offset under chapter 37 of title 31, United States Code, or the Commodity Credit Corporation Charter Act (15 U.S.C. 714 et seq.). 4. Commodity credit corporation The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act. 5. Regulations (a) In general The Secretary may promulgate such regulations as are necessary to implement this Act. (b) Procedure The promulgation of the regulations and administration of this Act shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). (c) Congressional review of agency rulemaking In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. 6. Emergency designation (a) In general The entire amount made available under this Act shall be available only to the extent that the President submits to Congress an official budget request for a specific dollar amount that includes designation of the entire amount of the request as an emergency requirement for the purposes of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900 et seq.). (b) Designation The entire amount made available under this section is designated by Congress as an emergency requirement under sections 251(b)(2)(A) and 252(e) of that Act (2 U.S.C. 901(b)(2)(A), 902(e)).
5,373
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To provide for the use or distribution of the funds awarded to the Minnesota Chippewa Tribe in Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188, United States Court of Federal Claims.
[ { "text": "1. Distribution of funds \n(a) In general \nNotwithstanding any other law, not later than 30 days after the date of the enactment of this Act, the Secretary of the Interior (hereafter the Secretary ) shall distribute the funds awarded to the Minnesota Chippewa Tribe in Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188 in the United States Court of Federal Claims together with all interest and investment income accrued on deposit in trust account JA1041696 in equal 1/6 shares to each of the following constituent bands of the Minnesota Chippewa Tribe: (1) The Bois Forte Band of Chippewa Indians. (2) The Fond du Lac Band of Chippewa Indians. (3) The Grand Portage Band of Chippewa Indians. (4) The Leech Lake Band of Chippewa Indians. (5) The Mille Lacs Band of Chippewa Indians. (6) The White Earth Band of Chippewa Indians. (b) Use of funds \nThe shares of the bands shall be available for use in the manner determined by the governing body of each band, except not less than 20 percent of such funds shall be set aside for social and economic development, education, reservation infrastructure needs, and other governmental purposes. (c) Application of other law \nSection 7 of Public Law 93-134 (25 U.S.C. 1407) shall apply to funds distributed pursuant to this Act.", "id": "H18606029C33E4CE181DB88664263B335", "header": "Distribution of funds" } ]
1
1. Distribution of funds (a) In general Notwithstanding any other law, not later than 30 days after the date of the enactment of this Act, the Secretary of the Interior (hereafter the Secretary ) shall distribute the funds awarded to the Minnesota Chippewa Tribe in Minnesota Chippewa Tribe v. United States, Docket Nos. 19 and 188 in the United States Court of Federal Claims together with all interest and investment income accrued on deposit in trust account JA1041696 in equal 1/6 shares to each of the following constituent bands of the Minnesota Chippewa Tribe: (1) The Bois Forte Band of Chippewa Indians. (2) The Fond du Lac Band of Chippewa Indians. (3) The Grand Portage Band of Chippewa Indians. (4) The Leech Lake Band of Chippewa Indians. (5) The Mille Lacs Band of Chippewa Indians. (6) The White Earth Band of Chippewa Indians. (b) Use of funds The shares of the bands shall be available for use in the manner determined by the governing body of each band, except not less than 20 percent of such funds shall be set aside for social and economic development, education, reservation infrastructure needs, and other governmental purposes. (c) Application of other law Section 7 of Public Law 93-134 (25 U.S.C. 1407) shall apply to funds distributed pursuant to this Act.
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To authorize the President to detain an enemy combatant who is a United States person or resident if the person or resident is a member of al Qaeda, or knowingly cooperated with members of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Detention of Enemy Combatants Act.", "id": "H23036BBD02D6453EAAA5F8425829C451", "header": "Short title" }, { "text": "2. Findings \nThe Congress makes the following findings: (1) The al Qaeda terrorist organization and its leaders have committed unlawful attacks against the United States, including the August 7, 1998, bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the October 12, 2000, attack on the U.S.S. COLE (DDG–67), and the September 11, 2001, attacks on the United States. (2) The al Qaeda terrorist organization and its leaders have threatened renewed attacks on the United States and have threatened the use of weapons of mass destruction. (3) The United Nations Security Council, in Resolutions 1368 and 1373, declared in September 2001 that the September 11 attacks against the United States constitute a threat to international peace and security. (4) The United States is justified in exercising its right of self-defense pursuant to international law and the United Nations Charter. (5) Congress authorized the President on September 18, 2001, to use all necessary and appropriate force against those nations, organizations, or persons that he determines to have planned, authorized, committed, or aided the September 11 terrorist attacks or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States, within the meaning of section 5(b) of the War Powers Resolution. (6) The United States and its allies are engaged in armed conflict with al Qaeda. (7) Al Qaeda and its terrorist allies have a presence in more than 60 nations around the world, including the United States. United States citizens and residents have been detained as enemy combatants in the struggle against al Qaeda. (8) The term “enemy combatant” has historically referred to all of the citizens of a state with which the Nation is at war, and who are members of the armed force of that enemy state. Enemy combatants in the present conflict, however, come from many nations, wear no uniforms, and use unconventional weapons. Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform. And the power to name a citizen as an “enemy combatant” is therefore extraordinarily broad. (9) There is precedent for detaining American citizens as enemy combatants. In Ex Parte Quirin, 317 U.S. 1 (1942), 2 of the 8 German soldiers who planned acts of sabotage within the United States claimed American citizenship. Detention of enemy combatants who are United States citizens is appropriate to protect the safety of the public and those involved in the investigation and prosecution of terrorism, to facilitate the use of classified information as evidence without compromising intelligence or military efforts, to gather unimpeded vital information from the detainee, and otherwise to protect national security interests. (10) The Executive must be allowed broad latitude to establish by regulation and Executive order the process, standards, and conditions in which a United States citizen or lawful resident may be detained as an enemy combatant. Courts must give broad deference to military judgment concerning the determination of enemy combatant status, POW status, and related questions. (11) Section 4001(a) of title 18, United States Code, provides that “no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress”. Section 4001 was designed to repeal the Emergency Detention Act of 1950, and ensure that there was a statutory basis for any detention. As Chief Justice Burger wrote in Howe v. Smith, 452 U.S. 473 (1981), the plain language of section 4001(a) proscribes detention of any kind by the United States, absent a congressional grant of authority to detain. (12) By this Act, the Congress authorizes the President to detain enemy combatants who are United States persons or residents who are members of al Qaeda, or knowingly cooperated with members of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. (13) During wartime, a nation must take extraordinary steps to protect itself, including measures that would never be acceptable during peacetime. Nonetheless, “the Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.” Ex Parte Milligan. (14) Nothing in this Act permits the Government, even in wartime, to detain American citizens or other persons lawfully in the United States as enemy combatants indefinitely without charges and hold them incommunicado without a hearing and without access to counsel on the basis of a unilateral determination that the person may be connected with an organization that intends harm to the United States. The Supreme Court has held that even enemy aliens within the United States are entitled to habeas review of their conviction. Ex Parte Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 339 U.S. 763 (1950). (15) The validity of the detention of citizens as enemy combatants may be challenged by a writ of habeas corpus. As the right of habeas corpus may be effectively nullified by denial of the assistance of counsel, a citizen detained as an enemy combatant may not be indefinitely denied access to counsel. (16) The Congress has a responsibility for maintaining vigorous oversight of detention of United States citizens and lawful residents to assure that such detentions are consistent with due process.", "id": "H3A7E7A90A6044A7200337708EC575447", "header": "Findings" }, { "text": "3. Detention of enemy combatants \n(a) Authority \nA United States person or resident may be detained as an enemy combatant in accordance with this Act if the United States person or resident is a member of al Qaeda, or knowingly cooperated with a member of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. Nothing in this Act shall apply to a United States person or resident who is a prisoner of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, signed at Geneva on August 12, 1949 (6 UST 3316). (b) Authority To establish procedural rules \nThe Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the standards, process, and criteria to be used for the determination that an American citizen or lawful resident is an enemy combatant under subsection (a) and for the detention of such an enemy combatant.", "id": "HACE71ABF76114AE7A1317898078CE019", "header": "Detention of enemy combatants" }, { "text": "4. Procedural requirements \nThe rules prescribed for the detention of enemy combatants shall establish clear standards and procedures governing detention of a United States person or resident that preserve the Government’s ability to detain those who may threaten the United States, assist in the gathering of vital intelligence, and protect the confidentiality of that information or any other information which, if released, could impede the Government’s investigation of terrorism. Such rules shall also guarantee timely access to judicial review to challenge the basis for a detention, and permit the detainee access to counsel.", "id": "HD7BD60A8B3D9487BAE34640050CBD1B", "header": "Procedural requirements" }, { "text": "5. Detention \n(a) Duration of detention \n(1) Limitation \nA United States person or resident may be detained under subsection (a) of section 3 only while there is in effect for the purposes of this section a certification by the President that— (A) the United States Armed Forces are engaged in a state of armed conflict with al Qaeda and an investigation with a view toward prosecution, a prosecution, or a post-trial proceeding in the case of such person or resident is ongoing; or (B) detention is warranted in order to prevent such person or resident from aiding persons attempting to commit terrorist acts against the United States. (2) Certification and recertification \nA certification referred to in paragraph (1) shall be effective for 180 days. The President may make successive certifications under that paragraph. (b) Detention review \nThe United States District Court for the District of Columbia shall have exclusive jurisdiction to review any detention under this Act to ensure that the requirements of this Act for detaining an accused are satisfied. (c) Conditions of detention \nA person detained under this Act shall be— (1) detained at an appropriate location designated by the Secretary of Defense; (2) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria; (3) afforded adequate food, drinking water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions and provided necessary means of personal hygiene; and (5) allowed the free exercise of religion consistent with the requirements of such detention.", "id": "HFB09B9DE0A8849C9A0A5F262DD97BF6B", "header": "Detention" }, { "text": "6. Reports to Congress \nNot less often than once every 12 months, the President shall submit to the Congress a report on the use of the authority provided by this Act. Each such report shall specify each individual subject to, or detained pursuant to, the authority provided by this Act.", "id": "H7E8852E1383649C4BD142C249B4098B1", "header": "Reports to Congress" }, { "text": "7. United States person or resident defined \nIn this Act, the term United States person or resident means— (1) a United States person, as such term is defined in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)); or (2) an alien lawfully admitted to the United States for permanent residence.", "id": "H380FB836A7D746EAAD007615E7FB2F34", "header": "United States person or resident defined" }, { "text": "8. Termination of Authority \nThe authority under this Act may not be exercised after December 31, 2005.", "id": "H703F2E550801402CB3A6E7BC4873C07", "header": "Termination of Authority" } ]
8
1. Short title This Act may be cited as the Detention of Enemy Combatants Act. 2. Findings The Congress makes the following findings: (1) The al Qaeda terrorist organization and its leaders have committed unlawful attacks against the United States, including the August 7, 1998, bombings of the United States Embassies in Nairobi, Kenya, and Dar es Salaam, Tanzania, the October 12, 2000, attack on the U.S.S. COLE (DDG–67), and the September 11, 2001, attacks on the United States. (2) The al Qaeda terrorist organization and its leaders have threatened renewed attacks on the United States and have threatened the use of weapons of mass destruction. (3) The United Nations Security Council, in Resolutions 1368 and 1373, declared in September 2001 that the September 11 attacks against the United States constitute a threat to international peace and security. (4) The United States is justified in exercising its right of self-defense pursuant to international law and the United Nations Charter. (5) Congress authorized the President on September 18, 2001, to use all necessary and appropriate force against those nations, organizations, or persons that he determines to have planned, authorized, committed, or aided the September 11 terrorist attacks or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States, within the meaning of section 5(b) of the War Powers Resolution. (6) The United States and its allies are engaged in armed conflict with al Qaeda. (7) Al Qaeda and its terrorist allies have a presence in more than 60 nations around the world, including the United States. United States citizens and residents have been detained as enemy combatants in the struggle against al Qaeda. (8) The term “enemy combatant” has historically referred to all of the citizens of a state with which the Nation is at war, and who are members of the armed force of that enemy state. Enemy combatants in the present conflict, however, come from many nations, wear no uniforms, and use unconventional weapons. Enemy combatants in the war on terrorism are not defined by simple, readily apparent criteria, such as citizenship or military uniform. And the power to name a citizen as an “enemy combatant” is therefore extraordinarily broad. (9) There is precedent for detaining American citizens as enemy combatants. In Ex Parte Quirin, 317 U.S. 1 (1942), 2 of the 8 German soldiers who planned acts of sabotage within the United States claimed American citizenship. Detention of enemy combatants who are United States citizens is appropriate to protect the safety of the public and those involved in the investigation and prosecution of terrorism, to facilitate the use of classified information as evidence without compromising intelligence or military efforts, to gather unimpeded vital information from the detainee, and otherwise to protect national security interests. (10) The Executive must be allowed broad latitude to establish by regulation and Executive order the process, standards, and conditions in which a United States citizen or lawful resident may be detained as an enemy combatant. Courts must give broad deference to military judgment concerning the determination of enemy combatant status, POW status, and related questions. (11) Section 4001(a) of title 18, United States Code, provides that “no citizen shall be imprisoned or otherwise detained by the United States except pursuant to an Act of Congress”. Section 4001 was designed to repeal the Emergency Detention Act of 1950, and ensure that there was a statutory basis for any detention. As Chief Justice Burger wrote in Howe v. Smith, 452 U.S. 473 (1981), the plain language of section 4001(a) proscribes detention of any kind by the United States, absent a congressional grant of authority to detain. (12) By this Act, the Congress authorizes the President to detain enemy combatants who are United States persons or residents who are members of al Qaeda, or knowingly cooperated with members of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. (13) During wartime, a nation must take extraordinary steps to protect itself, including measures that would never be acceptable during peacetime. Nonetheless, “the Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances.” Ex Parte Milligan. (14) Nothing in this Act permits the Government, even in wartime, to detain American citizens or other persons lawfully in the United States as enemy combatants indefinitely without charges and hold them incommunicado without a hearing and without access to counsel on the basis of a unilateral determination that the person may be connected with an organization that intends harm to the United States. The Supreme Court has held that even enemy aliens within the United States are entitled to habeas review of their conviction. Ex Parte Quirin, 317 U.S. 1 (1942); Johnson v. Eisentrager, 339 U.S. 763 (1950). (15) The validity of the detention of citizens as enemy combatants may be challenged by a writ of habeas corpus. As the right of habeas corpus may be effectively nullified by denial of the assistance of counsel, a citizen detained as an enemy combatant may not be indefinitely denied access to counsel. (16) The Congress has a responsibility for maintaining vigorous oversight of detention of United States citizens and lawful residents to assure that such detentions are consistent with due process. 3. Detention of enemy combatants (a) Authority A United States person or resident may be detained as an enemy combatant in accordance with this Act if the United States person or resident is a member of al Qaeda, or knowingly cooperated with a member of al Qaeda in the planning, authorizing, committing, aiding, or abetting of one or more terrorist acts against the United States. Nothing in this Act shall apply to a United States person or resident who is a prisoner of war within the meaning of the Geneva Convention Relative to the Treatment of Prisoners of War, signed at Geneva on August 12, 1949 (6 UST 3316). (b) Authority To establish procedural rules The Secretary of Defense, in consultation with the Secretary of State and the Attorney General, shall prescribe and publish in the Federal Register, and report to the Committees on the Judiciary of the Senate and the House of Representatives, the standards, process, and criteria to be used for the determination that an American citizen or lawful resident is an enemy combatant under subsection (a) and for the detention of such an enemy combatant. 4. Procedural requirements The rules prescribed for the detention of enemy combatants shall establish clear standards and procedures governing detention of a United States person or resident that preserve the Government’s ability to detain those who may threaten the United States, assist in the gathering of vital intelligence, and protect the confidentiality of that information or any other information which, if released, could impede the Government’s investigation of terrorism. Such rules shall also guarantee timely access to judicial review to challenge the basis for a detention, and permit the detainee access to counsel. 5. Detention (a) Duration of detention (1) Limitation A United States person or resident may be detained under subsection (a) of section 3 only while there is in effect for the purposes of this section a certification by the President that— (A) the United States Armed Forces are engaged in a state of armed conflict with al Qaeda and an investigation with a view toward prosecution, a prosecution, or a post-trial proceeding in the case of such person or resident is ongoing; or (B) detention is warranted in order to prevent such person or resident from aiding persons attempting to commit terrorist acts against the United States. (2) Certification and recertification A certification referred to in paragraph (1) shall be effective for 180 days. The President may make successive certifications under that paragraph. (b) Detention review The United States District Court for the District of Columbia shall have exclusive jurisdiction to review any detention under this Act to ensure that the requirements of this Act for detaining an accused are satisfied. (c) Conditions of detention A person detained under this Act shall be— (1) detained at an appropriate location designated by the Secretary of Defense; (2) treated humanely, without any adverse distinction based on race, color, religion, gender, birth, wealth, or any similar criteria; (3) afforded adequate food, drinking water, shelter, clothing, and medical treatment; (4) sheltered under hygienic conditions and provided necessary means of personal hygiene; and (5) allowed the free exercise of religion consistent with the requirements of such detention. 6. Reports to Congress Not less often than once every 12 months, the President shall submit to the Congress a report on the use of the authority provided by this Act. Each such report shall specify each individual subject to, or detained pursuant to, the authority provided by this Act. 7. United States person or resident defined In this Act, the term United States person or resident means— (1) a United States person, as such term is defined in section 101(i) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(i)); or (2) an alien lawfully admitted to the United States for permanent residence. 8. Termination of Authority The authority under this Act may not be exercised after December 31, 2005.
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To provide for the establishment of the Center for International Human Rights.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H4E0FFF614D8D413D992C1B64F3DE1BCE", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) Center \nThe term Center means the Center for International Human Rights. (2) Board \nThe term Board means the Board of Directors of the Center.", "id": "H6A27113603F94DEFBA006B0978D23F01", "header": "Definitions" }, { "text": "3. Establishment of Center; purposes \n(a) Establishment \nCongress finds that there has been established in the District of Columbia a private, nonprofit corporation known as the Center for International Human Rights which is not an agency or establishment of the United States Government. (b) Purposes \nThe purposes of the Center, as set forth in its articles of incorporation, are— (1) to establish programs devoted to the promotion of human rights throughout the world; (2) to independently monitor and analyze the status of human rights in Asia, Latin America, Africa, the Middle East, Europe, and throughout the world; (3) in conjunction with both private and governmental organizations, to investigate allegations of human rights violations, particularly torture, genocide, extrajudicial killing, imprisonment due to expression of political or religious beliefs, and other gross violations of fundamental human rights; (4) to sponsor fellows from the United States and other countries who desire to study current issues related to international human rights at the Center’s headquarters in the District of Columbia; (5) to establish and carry out a conference series to bring together experts in the field of international human rights from the United States and other countries to discuss and disseminate information regarding human rights; and (6) to make grants to, and enter into co-operative agreements with, nongovernmental organizations to promote human rights, with priority on making grants to, and entering into co-operative agreements with, indigenous human rights organizations in countries the governments of which engage in torture, genocide, extrajudicial killing, imprisonment due to expression of political or religious beliefs, or other gross violations of fundamental human rights.", "id": "H07F1EF9D4B124812A7A5B2A3CC5CE1BB", "header": "Establishment of Center; purposes" }, { "text": "4. Grants to Center \nThe Secretary of State is authorized to make an annual grant to the Center to enable the Center to carry out its purposes as specified in section 3(b). Such grants shall be made with funds specifically appropriated for grants to the Center.", "id": "HCD86689CF20A428FA9618C00F719749D", "header": "Grants to Center" }, { "text": "5. Rule of construction; oversight; related administrative provisions \n(a) Rule of Construction \nNothing in this Act shall be construed to make the Center an agency or establishment of the United States Government or to make the members of the Board of the Center, or the officers or employees of the Center, officers or employees of the United States. (b) Oversight \nThe Center and its grantees shall be subject to the appropriate oversight procedures of Congress.", "id": "HDA42792BA121442FB3EF45AB651C698C", "header": "Rule of construction; oversight; related administrative provisions" }, { "text": "6. Authorization of appropriations; availability \nThere are authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2003 through 2007. Amounts appropriated pursuant to the authorization of appropriations under the preceding sentence are authorized to remain available until expended", "id": "H757C7EEA443D42F9A5E5900911CB94A6", "header": "Authorization of appropriations; availability" } ]
6
1. Short title This Act may be cited as the. 2. Definitions In this Act: (1) Center The term Center means the Center for International Human Rights. (2) Board The term Board means the Board of Directors of the Center. 3. Establishment of Center; purposes (a) Establishment Congress finds that there has been established in the District of Columbia a private, nonprofit corporation known as the Center for International Human Rights which is not an agency or establishment of the United States Government. (b) Purposes The purposes of the Center, as set forth in its articles of incorporation, are— (1) to establish programs devoted to the promotion of human rights throughout the world; (2) to independently monitor and analyze the status of human rights in Asia, Latin America, Africa, the Middle East, Europe, and throughout the world; (3) in conjunction with both private and governmental organizations, to investigate allegations of human rights violations, particularly torture, genocide, extrajudicial killing, imprisonment due to expression of political or religious beliefs, and other gross violations of fundamental human rights; (4) to sponsor fellows from the United States and other countries who desire to study current issues related to international human rights at the Center’s headquarters in the District of Columbia; (5) to establish and carry out a conference series to bring together experts in the field of international human rights from the United States and other countries to discuss and disseminate information regarding human rights; and (6) to make grants to, and enter into co-operative agreements with, nongovernmental organizations to promote human rights, with priority on making grants to, and entering into co-operative agreements with, indigenous human rights organizations in countries the governments of which engage in torture, genocide, extrajudicial killing, imprisonment due to expression of political or religious beliefs, or other gross violations of fundamental human rights. 4. Grants to Center The Secretary of State is authorized to make an annual grant to the Center to enable the Center to carry out its purposes as specified in section 3(b). Such grants shall be made with funds specifically appropriated for grants to the Center. 5. Rule of construction; oversight; related administrative provisions (a) Rule of Construction Nothing in this Act shall be construed to make the Center an agency or establishment of the United States Government or to make the members of the Board of the Center, or the officers or employees of the Center, officers or employees of the United States. (b) Oversight The Center and its grantees shall be subject to the appropriate oversight procedures of Congress. 6. Authorization of appropriations; availability There are authorized to be appropriated to carry out this Act $15,000,000 for each of the fiscal years 2003 through 2007. Amounts appropriated pursuant to the authorization of appropriations under the preceding sentence are authorized to remain available until expended
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To establish a comprehensive program for the prevention of obesity.
[ { "text": "1. Short Title \nThis Act may be cited as the Obesity Prevention Act.", "id": "HC80CDCA9D1934583A1728DBABDBD76EA", "header": "Short Title" }, { "text": "2. State and Local Wellness Projects \nSection 18 of the National School Lunch Act (42 U.S.C. 1769) is amended by inserting after subsection (e) the following new subsections: (f) State Nutrition and Physical Fitness Projects \n(1) In general \nSubject to the availability of funds made available under paragraph (6), the Secretary, in consultation with the Secretary of Education, shall, on a competitive basis, award grants to not more than 20 State educational agencies for purposes of creating model nutrition education and physical fitness programs, consistent with current dietary and fitness guidelines, for students in elementary schools and secondary schools. (2) Requirements for State participation \nTo be eligible to receive a grant under this subsection, a State educational agency shall submit an application to the Secretary at such time, and in such manner, and containing such information as the Secretary may require, including— (A) a description of how the proposed nutrition and physical activity program will promote healthy eating and physical fitness and address the health and social consequences of children who are overweight or obese; (B) information describing how nutrition activities are to be coordinated at the State level with other health activities conducted by education, health, and agriculture agencies; (C) information describing how physical fitness activities are to be coordinated at the State level with other fitness activities conducted by education, health, and parks and recreation agencies; (D) a description of the consultative process that the State educational agency employed in the development of the model nutrition and physical fitness program, including consultations with individuals and organizations representing the agriculture, food and beverage, fitness, and other appropriate industries; and (E) a description of how the State educational agency will evaluate the effectiveness of its program. (3) Duration \nSubject to the availability of funds made available to carry out this subsection, a State educational agency receiving a grant under this subsection shall conduct the project for a period of 3 successive school years. (4) Authorized activities \nAn eligible applicant that receives a grant under this subsection may use funds provided under the grant to carry out one or more of the following activities: (A) Collecting, analyzing, and disseminating data regarding the extent to which children and youth in the State are overweight or physically inactive and the programs and services available to meet those needs. (B) Developing and implementing model elementary and secondary education curricula to create a comprehensive, coordinated nutrition and physical fitness awareness and obesity prevention program. (C) Developing and implementing pilot programs in schools to increase physical fitness and to enhance the nutritional status of students, including through the increased consumption of fruits and vegetables. (D) Developing and implementing State standards in health, which include nutrition education, and physical education, which emphasize regular physical activity during school hours. (E) Collaborating with community based organizations, volunteer organizations, State medical associations, and public health groups to develop and implement nutrition and physical education programs targeting lower income children, ethnic minorities, and other children and youth at greater risk for obesity. (F) Collaborating with public or private organizations that have as a mission the raising of public awareness of the importance of a balanced diet and an active lifestyle, such as 5-A-Day, a nonprofit organization which seeks to increase consumption of fruits and vegetables. (5) Report \nWithin 18 months of completion of the projects and the evaluations, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the results of the evaluation of the demonstration programs and shall make such reports available to the public, including through the Internet. (6) Authorization of Appropriations \nThere is authorized to be appropriated for the purpose of carrying out this subsection $10,000,000 for each of the fiscal years 2003 through 2007. (g) Local Nutrition and Physical Fitness Project \n(1) In general \nSubject to the availability of funds made available under paragraph (7), the Secretary, in consultation with the Secretary of Education, shall award grants to not more than 100 local educational agencies, at least one per State, for the establishment of pilot projects for purposes of promoting healthy eating habits and increasing physical fitness, consistent with current dietary and fitness guidelines, among elementary and secondary education students. (2) Requirement for participation in pilot project \nTo be eligible to receive a grant under this subsection, a local educational agency shall, in consultation with individuals who possess education or experience appropriate for representing the general field of public health, including nutrition and fitness professionals, submit to the Secretary an application that shall include— (A) a description of the local educational agency’s need for nutrition and fitness programs; (B) a description of how the proposed project will improve health and nutrition through education and increased access to physical activity; (C) a description of how funds under this subsection will be coordinated with other programs under this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or other Acts, as appropriate, to improve student health and nutrition; (D) a statement of the local educational agency’s measurable goals for nutrition and fitness education and promotion and a description of the procedures the agency will use for assessing and publicly reporting progress toward meeting those goals; and (E) a description of how the local educational agency will evaluate the effectiveness of its program. (3) Duration \nSubject to the availability of funds made available to carry out this subsection, a local educational agency receiving a grant under this subsection shall conduct the project during a period of 3 successive school years. (4) Authorized activities \nAn eligible applicant that receives a grant under this subsection may use funds provided under the grant to carry out one or more of the following activities: (A) Promoting healthy eating through the development and implementation of nutrition education programs and curricula. (B) Increasing opportunities for physical activity through afterschool programs, athletics, intramural activities, and recess; (C) Educating parents and students about the relationship of a poor diet and inactivity to obesity and other health problems; (D) Promoting and supporting school nutrition services, such as counseling and behavior management. (E) Developing and implementing physical education programs that promote fitness and lifelong activity. (F) Providing training and technical assistance to food service professionals to develop nutritious, more appealing menus and recipes. (G) Incorporating nutrition education into physical education, health education, and afterschool programs, including athletics. (H) Involving parents, food service staff, educators, community leaders, and other interested parties in assessing the food options in the school environment and developing and implementing an action plan to promote a balanced and healthy diet. (I) Providing nutrient content or nutrition information on meals served through the school lunch or school breakfast programs and items sold a la carte during meal times. (J) Encouraging the increased consumption of a variety of healthy foods through new initiatives such as salad bars and fresh fruit bars. (K) Providing nutrition education, including sports nutrition education, for teachers, coaches, food service staff, athletic trainers, and school nurses. (5) Report \nWithin 18 months of completion of the projects and evaluations, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the results of the evaluation of the pilot projects and shall make such reports available to the public, including through the Internet. (6) Authorization of Appropriations \nThere are authorized to be appropriated for the purpose of carrying out this subsection, $20,000,000 for fiscal year 2003 and such sums as may be necessary for each of fiscal years 2004 through 2007..", "id": "H6FDCF6787ACC429CAF673025276465C2", "header": "State and Local Wellness Projects" }, { "text": "3. Incorporation of Obesity Prevention Treatment and Services into State Children’s Health Insurance Programs \n(a) In general \nThe Secretary of Health and Human Services shall, in accordance with subsection (b), carry out a program to encourage States to implement plans to carry out activities to assist children with obesity or children at risk of becoming obese. (b) Relation to Children’s Health Insurance Program \n(1) In general \nSubject to paragraph (2), if a State child health plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) provides for activities described in subsection (a) to an extent satisfactory to the Secretary, the Secretary shall, with amounts appropriated under subsection (c), make a grant to that State to assist the State in carrying out such activities. (2) Criteria regarding eligibility for grant \nThe Secretary shall publish in the Federal Register criteria describing the circumstances in which the Secretary shall consider a State plan to be satisfactory for purposes of paragraph (1). (3) Requirement of matching funds \n(A) In general \nWith respect to the costs of the activities to be carried out by a State pursuant to paragraph (1), the Secretary may make a grant under such paragraph only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 15 percent of the costs. (B) Determination of amount contributed \nNon-Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including equipment or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (4) Technical assistance \nWith respect to State child health plans under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the heads of other Federal agencies involved in obesity treatment and prevention, shall make available to the States technical assistance in developing the provision of such plans that will provide for activities pursuant to paragraph (1). (c) Funding \nFor the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2003 through 2007.", "id": "HCC61E7FD661147A78F70B4F65B10000", "header": "Incorporation of Obesity Prevention Treatment and Services into State Children’s Health Insurance Programs" }, { "text": "4. Commission on Obesity Treatment and Prevention \n(a) Establishment and Purpose \nThere is established the Commission on Obesity Treatment and Prevention (in this Act referred to as the Commission ) whose purpose shall be to oversee the research, policy formation, and other activities of the Federal government regarding the prevention and treatment of obesity. (b) Duties of Commission \n— (1) In general \nThe duties of the Commission shall be to— (A) facilitate coordination between the Federal agencies involved in obesity treatment and prevention; (B) identify State and local needs for obesity treatment and prevention initiatives; (C) identify ways to streamline the process through which Federal agencies can aid in the treatment and prevention of obesity; (D) share information on successful programs and initiatives carried out on Federal, State, and local levels; (E) create or recommend ways to better coordinate the Federal response to obesity treatment and prevention; and (F) assure the ongoing collection of food consumption data through a national system of monitoring and evaluation. (2) Consultation \nIn carrying out its duties under this section, the Commission shall consult with— (A) representatives of State and local governments; (B) educators, including coaches and dieticians; and (C) community based organizations. (c) Membership \nThe Commission shall be composed of not more than 20 members appointed by the President as follows: (1) 1 representative from the Department of Health and Human Services. (2) 2 representative from the Department of Agriculture, 1 of whom shall be a representative of the Food and Nutrition Service. (3) 1 representative from the Department of Education. (4) 1 representative of the Center for Medicare and Medicaid Services. (5) 1 representative of the National Center for Chronic Disease Prevention and Health Promotion of the Centers for Disease Control. (6) 1 representative of the President's Council for Physical Fitness and Sports. (7) 1 representative from the National Institutes of Health. (8) At least 1 representative from private sector nutrition and public health organizations. (9) At least 1 representative from food, fitness, and other appropriate industries. (10) Representatives of any other Federal agencies or from the private sector as the President considers appropriate. (d) Chairperson \nThe Chairperson of the Commission shall be elected by a majority of its members. (e) Terms and Vacancies \nEach member shall be appointed for a term of 4 years and may be reappointed for consecutive terms. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Meetings \nThe Commission shall meet at least twice a year at the call of the chairperson or a majority of its members. (g) Report \nThe Commission shall transmit to the Congress a report every 2 years which shall— (1) describe and evaluate the actions that are being taken, and will be taken, to treat and prevent obesity in the United States; and (2) make recommendations for legislative and regulatory action that should be taken to coordinate the Federal plan to treat and prevent the problem of obesity in the United States and which addresses the objectives of Healthy People 2010, the health objectives of the Nation established by the Department of Health and Human Services.", "id": "HB6658D61E28448E793689D76D8F14FD1", "header": " Commission on Obesity Treatment and Prevention" }, { "text": "5. National Health and Physical Fitness Awards \n(a) President’s Health and Fitness Awards \nThe Secretary of Health and Human Services, in consultation with the Secretary of Education, shall establish a recognition program for the granting of awards, to be known as the President's Health and Fitness Awards , to elementary and secondary schools with— (1) outstanding physical fitness and nutrition education programs; and (2) demonstrated improvements in student fitness, nutrition awareness, and overall student health. (b) President’s Health and Fitness Teacher Achievement Awards \n(1) In general \nThe Secretary of Health and Human Services, in consultation with the Secretary of Education, shall establish a program for the granting and administration of awards to recognize and reward— (A) teachers, coaches, or other related personnel in elementary and secondary schools who demonstrate excellence in providing innovative and effective physical fitness and nutrition education programs for elementary and secondary school students; and (B) the local educational agencies that employ such teachers. (2) Eligibility \n1 teacher, and the local educational agency employing such teacher, from each State, the District of Columbia, and the Commonwealth of Puerto Rico, shall be eligible for an award under this subsection. (3) Cash awards \n— (A) Teachers \nThe Secretary of Health and Human Services is authorized to provide a cash award of up to $2,500 to each teacher or coach selected to receive an award pursuant to this subsection, which shall be used to further the recipient's professional development in physical education or nutrition education. (B) Local educational agencies \nThe Secretary of Health and Human Services is authorized to provide a cash award of up to $2,500 to the local educational agency employing any teacher or coach selected to receive an award pursuant to this subsection, which shall be used to fund physical fitness or nutrition education activities and programs. Awards granted under this subparagraph shall not be used for construction costs, general expenses, salaries, bonuses, or other administrative expenses. (c) Authorization of Appropriations \nThere is authorized to be appropriated to the Secretary of Health and Human Services such sums as may be necessary to carry out this section.", "id": "H0A4B21EB6AA247309BEEB6DDD5EAB7EB", "header": "National Health and Physical Fitness Awards" }, { "text": "6. Nutrition and Health Education in Afterschool Programs \n(a) Section 4205(a) of the Elementary and Secondary Education Act is amended— (1) in paragraph (11) by striking and ; (2) by inserting and at the end of paragraph (12) ; and (3) by inserting after paragraph (12) the following new paragraph: (13) nutrition and health education programs..", "id": "HFD626ED8C62C4EAFB4811232F72F48B5", "header": "Nutrition and Health Education in Afterschool Programs" } ]
6
1. Short Title This Act may be cited as the Obesity Prevention Act. 2. State and Local Wellness Projects Section 18 of the National School Lunch Act (42 U.S.C. 1769) is amended by inserting after subsection (e) the following new subsections: (f) State Nutrition and Physical Fitness Projects (1) In general Subject to the availability of funds made available under paragraph (6), the Secretary, in consultation with the Secretary of Education, shall, on a competitive basis, award grants to not more than 20 State educational agencies for purposes of creating model nutrition education and physical fitness programs, consistent with current dietary and fitness guidelines, for students in elementary schools and secondary schools. (2) Requirements for State participation To be eligible to receive a grant under this subsection, a State educational agency shall submit an application to the Secretary at such time, and in such manner, and containing such information as the Secretary may require, including— (A) a description of how the proposed nutrition and physical activity program will promote healthy eating and physical fitness and address the health and social consequences of children who are overweight or obese; (B) information describing how nutrition activities are to be coordinated at the State level with other health activities conducted by education, health, and agriculture agencies; (C) information describing how physical fitness activities are to be coordinated at the State level with other fitness activities conducted by education, health, and parks and recreation agencies; (D) a description of the consultative process that the State educational agency employed in the development of the model nutrition and physical fitness program, including consultations with individuals and organizations representing the agriculture, food and beverage, fitness, and other appropriate industries; and (E) a description of how the State educational agency will evaluate the effectiveness of its program. (3) Duration Subject to the availability of funds made available to carry out this subsection, a State educational agency receiving a grant under this subsection shall conduct the project for a period of 3 successive school years. (4) Authorized activities An eligible applicant that receives a grant under this subsection may use funds provided under the grant to carry out one or more of the following activities: (A) Collecting, analyzing, and disseminating data regarding the extent to which children and youth in the State are overweight or physically inactive and the programs and services available to meet those needs. (B) Developing and implementing model elementary and secondary education curricula to create a comprehensive, coordinated nutrition and physical fitness awareness and obesity prevention program. (C) Developing and implementing pilot programs in schools to increase physical fitness and to enhance the nutritional status of students, including through the increased consumption of fruits and vegetables. (D) Developing and implementing State standards in health, which include nutrition education, and physical education, which emphasize regular physical activity during school hours. (E) Collaborating with community based organizations, volunteer organizations, State medical associations, and public health groups to develop and implement nutrition and physical education programs targeting lower income children, ethnic minorities, and other children and youth at greater risk for obesity. (F) Collaborating with public or private organizations that have as a mission the raising of public awareness of the importance of a balanced diet and an active lifestyle, such as 5-A-Day, a nonprofit organization which seeks to increase consumption of fruits and vegetables. (5) Report Within 18 months of completion of the projects and the evaluations, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the results of the evaluation of the demonstration programs and shall make such reports available to the public, including through the Internet. (6) Authorization of Appropriations There is authorized to be appropriated for the purpose of carrying out this subsection $10,000,000 for each of the fiscal years 2003 through 2007. (g) Local Nutrition and Physical Fitness Project (1) In general Subject to the availability of funds made available under paragraph (7), the Secretary, in consultation with the Secretary of Education, shall award grants to not more than 100 local educational agencies, at least one per State, for the establishment of pilot projects for purposes of promoting healthy eating habits and increasing physical fitness, consistent with current dietary and fitness guidelines, among elementary and secondary education students. (2) Requirement for participation in pilot project To be eligible to receive a grant under this subsection, a local educational agency shall, in consultation with individuals who possess education or experience appropriate for representing the general field of public health, including nutrition and fitness professionals, submit to the Secretary an application that shall include— (A) a description of the local educational agency’s need for nutrition and fitness programs; (B) a description of how the proposed project will improve health and nutrition through education and increased access to physical activity; (C) a description of how funds under this subsection will be coordinated with other programs under this Act, the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), or other Acts, as appropriate, to improve student health and nutrition; (D) a statement of the local educational agency’s measurable goals for nutrition and fitness education and promotion and a description of the procedures the agency will use for assessing and publicly reporting progress toward meeting those goals; and (E) a description of how the local educational agency will evaluate the effectiveness of its program. (3) Duration Subject to the availability of funds made available to carry out this subsection, a local educational agency receiving a grant under this subsection shall conduct the project during a period of 3 successive school years. (4) Authorized activities An eligible applicant that receives a grant under this subsection may use funds provided under the grant to carry out one or more of the following activities: (A) Promoting healthy eating through the development and implementation of nutrition education programs and curricula. (B) Increasing opportunities for physical activity through afterschool programs, athletics, intramural activities, and recess; (C) Educating parents and students about the relationship of a poor diet and inactivity to obesity and other health problems; (D) Promoting and supporting school nutrition services, such as counseling and behavior management. (E) Developing and implementing physical education programs that promote fitness and lifelong activity. (F) Providing training and technical assistance to food service professionals to develop nutritious, more appealing menus and recipes. (G) Incorporating nutrition education into physical education, health education, and afterschool programs, including athletics. (H) Involving parents, food service staff, educators, community leaders, and other interested parties in assessing the food options in the school environment and developing and implementing an action plan to promote a balanced and healthy diet. (I) Providing nutrient content or nutrition information on meals served through the school lunch or school breakfast programs and items sold a la carte during meal times. (J) Encouraging the increased consumption of a variety of healthy foods through new initiatives such as salad bars and fresh fruit bars. (K) Providing nutrition education, including sports nutrition education, for teachers, coaches, food service staff, athletic trainers, and school nurses. (5) Report Within 18 months of completion of the projects and evaluations, the Secretary shall submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report describing the results of the evaluation of the pilot projects and shall make such reports available to the public, including through the Internet. (6) Authorization of Appropriations There are authorized to be appropriated for the purpose of carrying out this subsection, $20,000,000 for fiscal year 2003 and such sums as may be necessary for each of fiscal years 2004 through 2007.. 3. Incorporation of Obesity Prevention Treatment and Services into State Children’s Health Insurance Programs (a) In general The Secretary of Health and Human Services shall, in accordance with subsection (b), carry out a program to encourage States to implement plans to carry out activities to assist children with obesity or children at risk of becoming obese. (b) Relation to Children’s Health Insurance Program (1) In general Subject to paragraph (2), if a State child health plan under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.) provides for activities described in subsection (a) to an extent satisfactory to the Secretary, the Secretary shall, with amounts appropriated under subsection (c), make a grant to that State to assist the State in carrying out such activities. (2) Criteria regarding eligibility for grant The Secretary shall publish in the Federal Register criteria describing the circumstances in which the Secretary shall consider a State plan to be satisfactory for purposes of paragraph (1). (3) Requirement of matching funds (A) In general With respect to the costs of the activities to be carried out by a State pursuant to paragraph (1), the Secretary may make a grant under such paragraph only if the State agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward such costs in an amount that is not less than 15 percent of the costs. (B) Determination of amount contributed Non-Federal contributions required in subparagraph (A) may be in cash or in kind, fairly evaluated, including equipment or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions. (4) Technical assistance With respect to State child health plans under title XXI of the Social Security Act (42 U.S.C. 1397aa et seq.), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, in consultation with the heads of other Federal agencies involved in obesity treatment and prevention, shall make available to the States technical assistance in developing the provision of such plans that will provide for activities pursuant to paragraph (1). (c) Funding For the purpose of carrying out this section, there is authorized to be appropriated $5,000,000 for each of the fiscal years 2003 through 2007. 4. Commission on Obesity Treatment and Prevention (a) Establishment and Purpose There is established the Commission on Obesity Treatment and Prevention (in this Act referred to as the Commission ) whose purpose shall be to oversee the research, policy formation, and other activities of the Federal government regarding the prevention and treatment of obesity. (b) Duties of Commission — (1) In general The duties of the Commission shall be to— (A) facilitate coordination between the Federal agencies involved in obesity treatment and prevention; (B) identify State and local needs for obesity treatment and prevention initiatives; (C) identify ways to streamline the process through which Federal agencies can aid in the treatment and prevention of obesity; (D) share information on successful programs and initiatives carried out on Federal, State, and local levels; (E) create or recommend ways to better coordinate the Federal response to obesity treatment and prevention; and (F) assure the ongoing collection of food consumption data through a national system of monitoring and evaluation. (2) Consultation In carrying out its duties under this section, the Commission shall consult with— (A) representatives of State and local governments; (B) educators, including coaches and dieticians; and (C) community based organizations. (c) Membership The Commission shall be composed of not more than 20 members appointed by the President as follows: (1) 1 representative from the Department of Health and Human Services. (2) 2 representative from the Department of Agriculture, 1 of whom shall be a representative of the Food and Nutrition Service. (3) 1 representative from the Department of Education. (4) 1 representative of the Center for Medicare and Medicaid Services. (5) 1 representative of the National Center for Chronic Disease Prevention and Health Promotion of the Centers for Disease Control. (6) 1 representative of the President's Council for Physical Fitness and Sports. (7) 1 representative from the National Institutes of Health. (8) At least 1 representative from private sector nutrition and public health organizations. (9) At least 1 representative from food, fitness, and other appropriate industries. (10) Representatives of any other Federal agencies or from the private sector as the President considers appropriate. (d) Chairperson The Chairperson of the Commission shall be elected by a majority of its members. (e) Terms and Vacancies Each member shall be appointed for a term of 4 years and may be reappointed for consecutive terms. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (f) Meetings The Commission shall meet at least twice a year at the call of the chairperson or a majority of its members. (g) Report The Commission shall transmit to the Congress a report every 2 years which shall— (1) describe and evaluate the actions that are being taken, and will be taken, to treat and prevent obesity in the United States; and (2) make recommendations for legislative and regulatory action that should be taken to coordinate the Federal plan to treat and prevent the problem of obesity in the United States and which addresses the objectives of Healthy People 2010, the health objectives of the Nation established by the Department of Health and Human Services. 5. National Health and Physical Fitness Awards (a) President’s Health and Fitness Awards The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall establish a recognition program for the granting of awards, to be known as the President's Health and Fitness Awards , to elementary and secondary schools with— (1) outstanding physical fitness and nutrition education programs; and (2) demonstrated improvements in student fitness, nutrition awareness, and overall student health. (b) President’s Health and Fitness Teacher Achievement Awards (1) In general The Secretary of Health and Human Services, in consultation with the Secretary of Education, shall establish a program for the granting and administration of awards to recognize and reward— (A) teachers, coaches, or other related personnel in elementary and secondary schools who demonstrate excellence in providing innovative and effective physical fitness and nutrition education programs for elementary and secondary school students; and (B) the local educational agencies that employ such teachers. (2) Eligibility 1 teacher, and the local educational agency employing such teacher, from each State, the District of Columbia, and the Commonwealth of Puerto Rico, shall be eligible for an award under this subsection. (3) Cash awards — (A) Teachers The Secretary of Health and Human Services is authorized to provide a cash award of up to $2,500 to each teacher or coach selected to receive an award pursuant to this subsection, which shall be used to further the recipient's professional development in physical education or nutrition education. (B) Local educational agencies The Secretary of Health and Human Services is authorized to provide a cash award of up to $2,500 to the local educational agency employing any teacher or coach selected to receive an award pursuant to this subsection, which shall be used to fund physical fitness or nutrition education activities and programs. Awards granted under this subparagraph shall not be used for construction costs, general expenses, salaries, bonuses, or other administrative expenses. (c) Authorization of Appropriations There is authorized to be appropriated to the Secretary of Health and Human Services such sums as may be necessary to carry out this section. 6. Nutrition and Health Education in Afterschool Programs (a) Section 4205(a) of the Elementary and Secondary Education Act is amended— (1) in paragraph (11) by striking and ; (2) by inserting and at the end of paragraph (12) ; and (3) by inserting after paragraph (12) the following new paragraph: (13) nutrition and health education programs..
17,309
107hr5683ih
107
hr
5,683
ih
To require all newly constructed, federally assisted single-family houses and town houses to meet minimum standards of visitability for persons with disabilities.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HFF4FD763F7034B70A275FB42823B5BC3", "header": "Short title" }, { "text": "2. Definitions \nAs used in this Act: (1) Covered dwelling unit \nThe term covered dwelling unit means a dwelling unit that— (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground-floor unit in a building of three or fewer dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted or otherwise arranged for design or construction, by any person or entity who, at any time during the design or construction, received Federal financial assistance for any program or activity; and (D) is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this Act. (2) Environmental controls \nThe term environmental controls means, for a dwelling unit, any switches or devices that control or regulate lights, temperature, fuses, fans, doors, security system features, or any other feature included in the new construction of the unit. (3) Federal financial assistance \nThe term Federal financial assistance means any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development, the Secretary of Agriculture, or the Secretary of Veterans Affairs, or any program or activity or such agencies, through any grant, loan, contract, or any other arrangement, after the expiration of the one-year period beginning on the date of the enactment of this Act, including— (A) grants, subsidies, or any other funds; (B) services of Federal personnel; (C) real or personal property or any interest in or use of such property, including— (i) transfers or leases of the property for less than the fair market value or for reduced consideration; and (ii) proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government; (D) any tax credit, mortgage or loan guarantee or insurance; and (E) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308). (4) Person or entity \nThe term person or entity includes one or more individuals, corporations (including not-for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code , receivers, and fiduciaries.", "id": "H3FF900950D164AB0B3C27DADE8DFD9E", "header": "Definitions" }, { "text": "3. Visitability requirement \nIt shall be unlawful for any person referred to in section 2(2)(C) with respect to a covered dwelling unit to fail to ensure that such dwelling unit contains at least one level that complies with the following requirements: (1) Accessible entrance \n(A) In general \nExcept as provided in subparagraph (B), the level shall contain at least one entrance to the dwelling unit that— (i) is accessible to, and usable by, people with disabilities; and (ii) does not contain any steps or any rise that exceeds one-half inch; and (iii) is located on a continuous unobstructed path from the entrance of the building that contains or consists of the dwelling unit to the street, which path (I) can be negotiated by a person with a disability who uses a wheelchair, (II) is safe for and usable by people with other disabilities and people without disabilities, and (III) may include curb ramps, parking access aisles, walks, ramps and lifts. (B) Exception \nThe provisions of subparagraph (A) shall not apply to a covered dwelling unit if such compliance with the requirements under such subparagraph would be severely impractical because of the terrain or unusual physical limitations of the site of the dwelling unit. (2) Accessible interior doors \nAll doors that are designed to allow passage within the level shall have an unobstructed opening of at least 32 inches when the door is open at a 90-degree angle. (3) Accessible environmental controls \nAll environmental controls located on the level shall be located— (A) no higher than 48 inches and no lower than 15 inches on the wall; and (B) in the case of environmental controls located directly above a counter, sink, or appliance, no higher than three inches above such counter, sink, or appliance. (4) Accessible habitable space and bathroom \nThe level shall contain— (A) at least one indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than seven feet; and (B) at least one bathroom that contains, at a minimum, a toilet, sink, and walls that are reinforced to allow for the later installation of grab bars.", "id": "H619DE4A252B042F191C4EAC2FE9925", "header": "Visitability requirement" }, { "text": "4. Enforcement \n(a) Requirement for federal financial assistance \nEach applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for such assistance that all of its programs and activities will be conducted in compliance with this Act. (b) Approval of architectural and construction plans \n— (1) Submission \nAny applicant for or recipient of Federal financial assistance who designs, constructs, or commissions, contracts, or otherwise arranges for design or construction, of a covered dwelling unit shall submit architectural and construction plans for such unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the appropriate State or local agency ). (2) Determination of compliance \n— (A) Condition of federal housing assistance \nThe Secretary of Housing and Urban Development may not provide any Federal financial assistance under any program administered by such Secretary to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary, taking the enforcement actions under subparagraph (B). (B) Enforcement actions \nThe enforcement actions under this subparagraph are— (i) reviewing any plans for a covered dwelling unit submitted pursuant to paragraph (1) and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined. (c) Civil action for private persons \nAny person aggrieved by an act that is unlawful under this Act may commence a civil action in an appropriate United States District Court or State court no later than two years after the occurrence or termination of any alleged unlawful conduct under this Act. For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the requirements of this Act shall not be considered to terminate until the violation is corrected. (d) Enforcement by attorney general \nWhenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this Act, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief \nIn any civil action brought under this section, if the court finds that a violation of this title has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and subject to subsection (g), may grant as relief, as the Court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Attorney’s fees \nIn any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (g) Effect on certain sales, encumbrances, and rentals \nRelief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this title.", "id": "H8F8DF6DA62684683886E704E053B4921", "header": "Enforcement" }, { "text": "5. Regulations and minimum guidelines \nNot later than 1 year after the date of the enactment of this Act, the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall issue any regulations necessary to carry out this Act. The Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) shall establish and maintain minimum guidelines and requirements for the standards issued pursuant to this Act. The Code Requirements for Housing Accessibility established by the International Council Code may be used as the basis for such guidelines and requirements.", "id": "HEE1CCC642F6D4A5D92B782DCB2E55E68", "header": "Regulations and minimum guidelines" }, { "text": "6. Effect on state laws \nNothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid.", "id": "HA3DBD15A0AD64EEB9D999E8700848138", "header": "Effect on state laws" }, { "text": "7. Disclaimer of preemptive effect on other acts \nNothing in this Act shall limit any right, procedure, or remedy available under the Constitution or any other Act of the Congress.", "id": "H5B76560A9D3045D18CE01014DEB7FED", "header": "Disclaimer of preemptive effect on other acts" }, { "text": "8. Severability of provisions \nIf any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.", "id": "H55F471B217BE440BB98CA521F403D5E2", "header": "Severability of provisions" } ]
8
1. Short title This Act may be cited as the. 2. Definitions As used in this Act: (1) Covered dwelling unit The term covered dwelling unit means a dwelling unit that— (A) is a detached single family house, a townhouse or multi-level dwelling unit (whether detached or attached to other units or structures), or a ground-floor unit in a building of three or fewer dwelling units; (B) is designed as, or intended for occupancy as, a residence; (C) was designed, constructed, or commissioned, contracted or otherwise arranged for design or construction, by any person or entity who, at any time during the design or construction, received Federal financial assistance for any program or activity; and (D) is made available for first occupancy after the expiration of the one-year period beginning on the date of the enactment of this Act. (2) Environmental controls The term environmental controls means, for a dwelling unit, any switches or devices that control or regulate lights, temperature, fuses, fans, doors, security system features, or any other feature included in the new construction of the unit. (3) Federal financial assistance The term Federal financial assistance means any assistance that is provided or otherwise made available by the Secretary of Housing and Urban Development, the Secretary of Agriculture, or the Secretary of Veterans Affairs, or any program or activity or such agencies, through any grant, loan, contract, or any other arrangement, after the expiration of the one-year period beginning on the date of the enactment of this Act, including— (A) grants, subsidies, or any other funds; (B) services of Federal personnel; (C) real or personal property or any interest in or use of such property, including— (i) transfers or leases of the property for less than the fair market value or for reduced consideration; and (ii) proceeds from a subsequent transfer or lease of the property if the Federal share of its fair market value is not returned to the Federal Government; (D) any tax credit, mortgage or loan guarantee or insurance; and (E) community development funds in the form of obligations guaranteed under section 108 of the Housing and Community Development Act of 1974 (42 U.S.C. 5308). (4) Person or entity The term person or entity includes one or more individuals, corporations (including not-for-profit corporations), partnerships, associations, labor organizations, legal representatives, mutual corporations, joint-stock companies, trusts, unincorporated associations, trustees, trustees in cases under title 11 of the United States Code , receivers, and fiduciaries. 3. Visitability requirement It shall be unlawful for any person referred to in section 2(2)(C) with respect to a covered dwelling unit to fail to ensure that such dwelling unit contains at least one level that complies with the following requirements: (1) Accessible entrance (A) In general Except as provided in subparagraph (B), the level shall contain at least one entrance to the dwelling unit that— (i) is accessible to, and usable by, people with disabilities; and (ii) does not contain any steps or any rise that exceeds one-half inch; and (iii) is located on a continuous unobstructed path from the entrance of the building that contains or consists of the dwelling unit to the street, which path (I) can be negotiated by a person with a disability who uses a wheelchair, (II) is safe for and usable by people with other disabilities and people without disabilities, and (III) may include curb ramps, parking access aisles, walks, ramps and lifts. (B) Exception The provisions of subparagraph (A) shall not apply to a covered dwelling unit if such compliance with the requirements under such subparagraph would be severely impractical because of the terrain or unusual physical limitations of the site of the dwelling unit. (2) Accessible interior doors All doors that are designed to allow passage within the level shall have an unobstructed opening of at least 32 inches when the door is open at a 90-degree angle. (3) Accessible environmental controls All environmental controls located on the level shall be located— (A) no higher than 48 inches and no lower than 15 inches on the wall; and (B) in the case of environmental controls located directly above a counter, sink, or appliance, no higher than three inches above such counter, sink, or appliance. (4) Accessible habitable space and bathroom The level shall contain— (A) at least one indoor room that has an area of not less than 70 square feet and contains no side or dimension narrower than seven feet; and (B) at least one bathroom that contains, at a minimum, a toilet, sink, and walls that are reinforced to allow for the later installation of grab bars. 4. Enforcement (a) Requirement for federal financial assistance Each applicant for Federal financial assistance shall submit an assurance to the Federal agency responsible for such assistance that all of its programs and activities will be conducted in compliance with this Act. (b) Approval of architectural and construction plans — (1) Submission Any applicant for or recipient of Federal financial assistance who designs, constructs, or commissions, contracts, or otherwise arranges for design or construction, of a covered dwelling unit shall submit architectural and construction plans for such unit to the State or local department or agency that is responsible, under applicable State or local law, for the review and approval of construction plans for compliance with generally applicable building codes or requirements (in this subsection referred to as the appropriate State or local agency ). (2) Determination of compliance — (A) Condition of federal housing assistance The Secretary of Housing and Urban Development may not provide any Federal financial assistance under any program administered by such Secretary to a State or unit of general local government (or any agency thereof) unless the appropriate State or local agency thereof is, in the determination of the Secretary, taking the enforcement actions under subparagraph (B). (B) Enforcement actions The enforcement actions under this subparagraph are— (i) reviewing any plans for a covered dwelling unit submitted pursuant to paragraph (1) and approving or disapproving such plans based upon compliance of the dwelling unit with the requirements of this Act; and (ii) consistent with applicable State or local laws and procedures, withholding final approval of construction or occupancy of a covered dwelling unit unless and until such compliance is determined. (c) Civil action for private persons Any person aggrieved by an act that is unlawful under this Act may commence a civil action in an appropriate United States District Court or State court no later than two years after the occurrence or termination of any alleged unlawful conduct under this Act. For purposes of this section, a violation involving a covered dwelling unit that is not designed or constructed in conformity with the requirements of this Act shall not be considered to terminate until the violation is corrected. (d) Enforcement by attorney general Whenever the Attorney General has reasonable cause to believe that any person or group of persons has violated this Act, the Attorney General may commence a civil action in any appropriate United States district court. The Attorney General may also, upon timely application, intervene in any civil action brought under subsection (c) by a private person if the Attorney General certifies that the case is of general public importance. (e) Relief In any civil action brought under this section, if the court finds that a violation of this title has occurred or is about to occur, it may award to the plaintiff actual and punitive damages, and subject to subsection (g), may grant as relief, as the Court finds appropriate, any permanent or temporary injunction, temporary restraining order, or other order (including an order enjoining the defendant from violating the Act or ordering such affirmative action as may be appropriate). (f) Attorney’s fees In any civil action brought under this section, the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee and costs. (g) Effect on certain sales, encumbrances, and rentals Relief granted under this section shall not affect any contract, sale, encumbrance, or lease consummated before the granting of such relief and involving a bona fide purchaser, encumbrancer, or tenant, without actual notice of a civil action under this title. 5. Regulations and minimum guidelines Not later than 1 year after the date of the enactment of this Act, the Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Secretary of Veterans Affairs shall issue any regulations necessary to carry out this Act. The Architectural and Transportation Barriers Compliance Board established under section 502 of the Rehabilitation Act of 1973 (29 U.S.C. 792) shall establish and maintain minimum guidelines and requirements for the standards issued pursuant to this Act. The Code Requirements for Housing Accessibility established by the International Council Code may be used as the basis for such guidelines and requirements. 6. Effect on state laws Nothing in this Act shall be constructed to invalidate or limit any law of a State or political subdivision of a State, or of any other jurisdiction in which this Act shall be effective, that grants, guarantees, or provides the same rights, protections and requirements as are provided by this Act, but any law of a State, a political subdivision thereof, or other such jurisdiction that purports to require or permit any action that would violate this Act shall to that extent be invalid. 7. Disclaimer of preemptive effect on other acts Nothing in this Act shall limit any right, procedure, or remedy available under the Constitution or any other Act of the Congress. 8. Severability of provisions If any provision of this Act of the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated shall not be affected thereby.
10,272
107hr5595ih
107
hr
5,595
ih
To direct the Secretary of Commerce to establish and appoint the members of a Marine Protected Areas Advisory Committee in accordance with a Department of Commerce document.
[ { "text": "1. Requirement to establish a marine protected areas advisory committee \n(a) In general \nNot later than 6 months after the date of the enactment of this Act, the Secretary of Commerce shall establish and appoint the members of a Marine Protected Areas Advisory Committee in accordance with the Department of Commerce document entitled MPA Advisory Committee Supplement 1. Charter of the MPA Federal Advisory Committee, December 18, 2000. (b) Objective, duties, powers, and operation \nThe advisory committee shall have the objective, duties, and powers as set forth in the document referred to in subsection (a), and shall meet and otherwise operate in accordance with that document. (c) Authorization of appropriations \nTo carry out this section, including for administrative expenses of the advisory committee established under this section, there is authorized to be appropriated to the Secretary $750,000 for each fiscal year.", "id": "HA05CBC4DA2BB403FABD829186C5190AA", "header": "Requirement to establish a marine protected areas advisory committee" } ]
1
1. Requirement to establish a marine protected areas advisory committee (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of Commerce shall establish and appoint the members of a Marine Protected Areas Advisory Committee in accordance with the Department of Commerce document entitled MPA Advisory Committee Supplement 1. Charter of the MPA Federal Advisory Committee, December 18, 2000. (b) Objective, duties, powers, and operation The advisory committee shall have the objective, duties, and powers as set forth in the document referred to in subsection (a), and shall meet and otherwise operate in accordance with that document. (c) Authorization of appropriations To carry out this section, including for administrative expenses of the advisory committee established under this section, there is authorized to be appropriated to the Secretary $750,000 for each fiscal year.
929
107hr5750ih
107
hr
5,750
ih
To amend the Immigration and Nationality Act to eliminate the restriction on judicial review of detention and release determinations and to provide a right to a bond hearing before an immigration judge to all aliens in removal and summary removal proceedings.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HEF5767A251174E87BF86D79C025B3DF1", "header": "Short title" }, { "text": "2. Rights relating to detention and release \n(a) Eliminating limitation on judicial review \nSection 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by striking subsection (e). (b) Right to immigration bond hearing \nSuch section 236 is further amended by adding at the end the following new subsection: (e) Immigration bond hearings \n(1) Right to hearing \nAny alien in removal or summary removal proceedings (including an inspection under section 235(b)(1)(A)), whether charged as inadmissible or deportable, shall have the right to a bond hearing before an immigration judge on the alien’s continued detention by the Attorney General. (2) Criteria in hearing \nThe criteria for such a bond hearing shall be governed by principles that allow for bond except in circumstances where— (A) the alien is a danger to society; (B) the alien is a threat to national security; or (C) the alien is likely to abscond and no other measures would assure the alien’s appearance. (3) Limitation on automatic stay \nThe Attorney General may not, by regulation or otherwise, obtain an automatic stay of an alien’s release from detention where an immigration judge has issued a decision providing for release.. (c) Conforming amendment \nSection 235(b)(1)(A)(i) of such Act (8 U.S.C. 1225(b)(1)(A)(i)) is amended by inserting subject to section 236(g), after 212(a)(7),. (d) Effective date \nThe amendments made by this section shall take effect on the date of the enactment of this Act and the amendment made by subsection (b) shall apply to all aliens in removal or summary removal proceedings who are in detention on or after such date.", "id": "HB6624DA6243749E79F87D6EF4C247AB", "header": "Rights relating to detention and release" } ]
2
1. Short title This Act may be cited as the. 2. Rights relating to detention and release (a) Eliminating limitation on judicial review Section 236 of the Immigration and Nationality Act (8 U.S.C. 1226) is amended by striking subsection (e). (b) Right to immigration bond hearing Such section 236 is further amended by adding at the end the following new subsection: (e) Immigration bond hearings (1) Right to hearing Any alien in removal or summary removal proceedings (including an inspection under section 235(b)(1)(A)), whether charged as inadmissible or deportable, shall have the right to a bond hearing before an immigration judge on the alien’s continued detention by the Attorney General. (2) Criteria in hearing The criteria for such a bond hearing shall be governed by principles that allow for bond except in circumstances where— (A) the alien is a danger to society; (B) the alien is a threat to national security; or (C) the alien is likely to abscond and no other measures would assure the alien’s appearance. (3) Limitation on automatic stay The Attorney General may not, by regulation or otherwise, obtain an automatic stay of an alien’s release from detention where an immigration judge has issued a decision providing for release.. (c) Conforming amendment Section 235(b)(1)(A)(i) of such Act (8 U.S.C. 1225(b)(1)(A)(i)) is amended by inserting subject to section 236(g), after 212(a)(7),. (d) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and the amendment made by subsection (b) shall apply to all aliens in removal or summary removal proceedings who are in detention on or after such date.
1,684
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107
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5,725
ih
To authorize a national memorial at, or proximate to, the World Trade Center site to commemorate the tragic events of September 11, 2001, to establish the World Trade Center Memorial Advisory Board, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the World Trade Center National Memorial Act.", "id": "H63477D00D9234798886EC1EC3E5361F", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds as follows: (1) On September 11, 2001, terrorists hijacked four civilian aircraft, causing two of them to crash into the twin towers of the World Trade Center in New York City, a third into the Pentagon, and a fourth in rural southwest Pennsylvania. (2) Nearly 3,000 people were killed at the World Trade Center site in the most lethal terrorist attack ever committed against the United States. (3) In the months since the historic events of September 11, 2001, thousands of people have visited the World Trade Center site to mourn the dead, to pay tribute to the heroic action and sacrifice of the firefighters, police, emergency personnel, and other responders, and attempt to understand the nature of this attack on the United States. (4) The attack on the World Trade Center resulted in great destruction and damage to homes, churches, schools, and commercial and retail buildings, causing the loss of thousands of jobs and businesses in Lower Manhattan. (5) The human and emotional toll of this attack has been felt across the United States and throughout the world. (6) Many are profoundly concerned about the future disposition of the World Trade Center site, and many citizens, family members, professional organizations, local businesses and residents, and State and local officials have formed coalitions and held forums to provide a voice for all interested and concerned parties. (7) A broad and deep consensus has emerged in the United States that this site is a sacred site that cannot be forgotten and requires the highest form of national recognition. (8) It is appropriate that a national memorial be established at, or proximate to, the World Trade Center site to commemorate the internationally significant events of September 11, 2001, and the lives lost, and that the memorial be designated as a unit of the National Park System. (b) Purposes \nThe purposes of this Act are as follows: (1) To establish a national memorial at, or proximate to, the World Trade Center site in New York City to commemorate the tragic events of September 11, 2001. (2) To ensure the public has full access to and significant involvement in decisions regarding the location, planning, and design of the national memorial. (3) To authorize the Secretary of the Interior to provide technical assistance to the Lower Manhattan Development Corporation and to permanently administer the national memorial as a unit of the National Park System for present and future generations. (4) To establish in the Department of the Interior the World Trade Center Memorial Advisory Board to advise the Director of the National Park Service on the management of the memorial.", "id": "HB17DA6D01E554CE2A864B8DD92A6D474", "header": "Findings and purposes" }, { "text": "3. Definitions \nIn this Act: (1) Board \nThe term Board means the World Trade Center Memorial Advisory Board established in section 7. (2) Corporation \nThe term Corporation means the Lower Manhattan Development Corporation, a public agency created to oversee the rebuilding of the World Trade Center site and surrounding area. (3) Governor \nThe term Governor means the Governor of New York. (4) Mayor \nThe term Mayor means the Mayor of New York City. (5) Memorial \nThe term Memorial means a sculpture, structure, or landscape element, including the real property on which it is sited, designed to commemorate the significance to the Nation of the events of September 11, 2001, at or proximate to the World Trade Center site in New York City and designated under section 4. (6) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "H64F4793C4E374F18A0CD93E26398998F", "header": "Definitions" }, { "text": "4. World Trade Center national memorial \n(a) Establishment \nThere is authorized to be established as a unit of the National Park System, a national memorial at, or proximate to, the site of the World Trade Center in New York City. The proposed design and boundary of the Memorial shall be determined through a public planning process established by the Corporation and included in the report required by section 5. The final design and boundary of the Memorial shall be approved by the Secretary, the Governor, and the Mayor. (b) Administration \nUpon transfer to the United States by willing sellers of the land upon which the Memorial is to be located, such land and the Memorial shall be administered by the Secretary through the National Park Service, as a unit of the National Park System, in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).", "id": "H9524AAAE331D4774975445E7151601E3", "header": "World Trade Center national memorial" }, { "text": "5. Report \n(a) Contents \nNot later than 3 years after the date of the enactment of this Act, the Corporation shall submit a report to the Secretary, the Governor, and the Mayor for approval. This report shall contain the following: (1) The recommended design and boundary for the Memorial. (2) A description of those considerations incorporated into the boundary and design necessary to permit the effective and efficient management of the Memorial as a unit of the National Park System. (3) A proposal and schedule for the transfer of interests in property as is appropriate to the Secretary. The transfer must ensure that the property upon which the Memorial is to be located is transferred to the United States by willing sellers before construction of the Memorial begins. (4) A description of the processes and opportunities provided for public participation in the development of the report. (5) Any other planning, scheduling, construction, and long-term management issues and recommendations which, in the opinion of the Corporation, merit inclusion in the report. (b) Approval process \nNot later than 90 days after receiving notification by the Governor and the Mayor of their respective approvals of the report, the Secretary shall approve or disapprove the report. If the Secretary disapproves the report, the Secretary shall advise the Corporation, in writing, of the reasons for such disapproval and shall indicate any recommendations for revisions. Not later than 45 days after receiving any necessary revisions to the report, the Secretary shall approve or disapprove the revised report. (c) Final report \nThe final report approved by the Secretary, the Governor, and the Mayor shall be transmitted to the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives.", "id": "H759FC66B7BB64B0EBD64B20026774934", "header": "Report" }, { "text": "6. Duties of the secretary \nThe Secretary is authorized to take the following actions: (1) Upon request by the Corporation, to provide assistance in conducting public meetings and forums. (2) Provide project management assistance for planning, design, and construction activities and in particular, to provide consultation and information permitting the plans and designs included within the report as required in section 5 to incorporate such elements necessary to facilitate the effective and efficient management of the Memorial as a unit of the National Park System. (3) Provide other assistance related to documentation and interpretation of the site and preservation of Memorial artifacts. (4) Acquire from willing sellers the land or interests in land for the Memorial site by donation, purchase with donated or appropriated funds, or exchange. (5) Administer, through the National Park Service, the Memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. (6) Prepare a charter for the Board established in section 7 to clarify its role and its relationship with the Department of the Interior and the National Park Service.", "id": "H605E8349FB08417FBACD1FF28EBF1304", "header": "Duties of the secretary" }, { "text": "7. Establishment of the world trade center memorial advisory Board \n(a) Establishment \nUpon transfer of the completed Memorial to the National Park Service, there is established an advisory Board to be known as the World Trade Center Memorial Advisory Board. (b) Duties \nThe Board shall operate as an advisor to the National Park Service on the management of the Memorial, taking into consideration input from the public and interested parties. (c) Membership \nThe Board shall be composed of 17 members appointed by the Secretary as follows: (1) Two members appointed after consideration of recommendations by each United States Senator from the State of New York. (2) One member appointed after consideration of recommendations by the member of the United States House of Representatives whose district shall encompass the World Trade Center site. (3) Four members appointed after consideration of recommendations by the Mayor, to represent a broad spectrum of interested citizens, agencies, and organizations. (4) Four members appointed after consideration of recommendations by the Governor, to represent a broad spectrum of interested citizens, agencies, and organizations. (5) Six members appointed after consideration of recommendations by the President. (d) Terms \nMembers of the Board shall serve for a term of 3 years. Any member of the Board may continue to serve after the expiration of his or her term, until such time as a successor is appointed. Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. (e) Chair \nThe members of the Board shall designate 1 of the members as Chair of the Board. (f) Meetings \nThe Board shall meet on a regular basis, at least 4 times a year. Notice of meetings shall be published in local newspapers. Board meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (g) Quorum \nA majority of the members serving on the Board shall constitute a quorum for the transaction of any business. (h) Voting \nThe Board shall act and advise by a majority vote of the members present at any meeting at which a quorum is in attendance. (i) Expenses \nMembers of the Board shall serve without compensation, but while engaged in official business shall be entitled to travel expenses, including per diem in lieu of subsistence in the same manner as persons employed intermittently in Federal Government service under section 5703 of title 5, United States Code. (j) Termination \nThe Board shall terminate 60 days after the date upon which the Memorial ceases to be administered by the National Park Service.", "id": "HB11671889918492FA567BC88082B3427", "header": "Establishment of the world trade center memorial advisory Board" }, { "text": "8. Authorization of appropriations \n(a) Construction \nUpon approval of the report required by section 5, the Secretary is authorized to grant such sums as may be necessary to the Corporation for the construction of a permanent Memorial in accordance with the approved report. (b) Matching requirement \nFunds made available pursuant to subsection (a) shall not exceed 50 percent of the construction cost of the Memorial. (c) Technical assistance \nThere is authorized to be appropriated to the National Park Service, $300,000 for fiscal year 2003 and each fiscal year thereafter to provide technical assistance to the Corporation and to otherwise carry out this Act. (d) Board \nThere is authorized to be appropriated to the Board such sums as may be necessary to perform its responsibilities under this Act.", "id": "H67F9ED6915BB44878F32F46601A0030", "header": "Authorization of appropriations" } ]
8
1. Short title This Act may be cited as the World Trade Center National Memorial Act. 2. Findings and purposes (a) Findings Congress finds as follows: (1) On September 11, 2001, terrorists hijacked four civilian aircraft, causing two of them to crash into the twin towers of the World Trade Center in New York City, a third into the Pentagon, and a fourth in rural southwest Pennsylvania. (2) Nearly 3,000 people were killed at the World Trade Center site in the most lethal terrorist attack ever committed against the United States. (3) In the months since the historic events of September 11, 2001, thousands of people have visited the World Trade Center site to mourn the dead, to pay tribute to the heroic action and sacrifice of the firefighters, police, emergency personnel, and other responders, and attempt to understand the nature of this attack on the United States. (4) The attack on the World Trade Center resulted in great destruction and damage to homes, churches, schools, and commercial and retail buildings, causing the loss of thousands of jobs and businesses in Lower Manhattan. (5) The human and emotional toll of this attack has been felt across the United States and throughout the world. (6) Many are profoundly concerned about the future disposition of the World Trade Center site, and many citizens, family members, professional organizations, local businesses and residents, and State and local officials have formed coalitions and held forums to provide a voice for all interested and concerned parties. (7) A broad and deep consensus has emerged in the United States that this site is a sacred site that cannot be forgotten and requires the highest form of national recognition. (8) It is appropriate that a national memorial be established at, or proximate to, the World Trade Center site to commemorate the internationally significant events of September 11, 2001, and the lives lost, and that the memorial be designated as a unit of the National Park System. (b) Purposes The purposes of this Act are as follows: (1) To establish a national memorial at, or proximate to, the World Trade Center site in New York City to commemorate the tragic events of September 11, 2001. (2) To ensure the public has full access to and significant involvement in decisions regarding the location, planning, and design of the national memorial. (3) To authorize the Secretary of the Interior to provide technical assistance to the Lower Manhattan Development Corporation and to permanently administer the national memorial as a unit of the National Park System for present and future generations. (4) To establish in the Department of the Interior the World Trade Center Memorial Advisory Board to advise the Director of the National Park Service on the management of the memorial. 3. Definitions In this Act: (1) Board The term Board means the World Trade Center Memorial Advisory Board established in section 7. (2) Corporation The term Corporation means the Lower Manhattan Development Corporation, a public agency created to oversee the rebuilding of the World Trade Center site and surrounding area. (3) Governor The term Governor means the Governor of New York. (4) Mayor The term Mayor means the Mayor of New York City. (5) Memorial The term Memorial means a sculpture, structure, or landscape element, including the real property on which it is sited, designed to commemorate the significance to the Nation of the events of September 11, 2001, at or proximate to the World Trade Center site in New York City and designated under section 4. (6) Secretary The term Secretary means the Secretary of the Interior. 4. World Trade Center national memorial (a) Establishment There is authorized to be established as a unit of the National Park System, a national memorial at, or proximate to, the site of the World Trade Center in New York City. The proposed design and boundary of the Memorial shall be determined through a public planning process established by the Corporation and included in the report required by section 5. The final design and boundary of the Memorial shall be approved by the Secretary, the Governor, and the Mayor. (b) Administration Upon transfer to the United States by willing sellers of the land upon which the Memorial is to be located, such land and the Memorial shall be administered by the Secretary through the National Park Service, as a unit of the National Park System, in accordance with the provisions of this Act, the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 through 4), and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). 5. Report (a) Contents Not later than 3 years after the date of the enactment of this Act, the Corporation shall submit a report to the Secretary, the Governor, and the Mayor for approval. This report shall contain the following: (1) The recommended design and boundary for the Memorial. (2) A description of those considerations incorporated into the boundary and design necessary to permit the effective and efficient management of the Memorial as a unit of the National Park System. (3) A proposal and schedule for the transfer of interests in property as is appropriate to the Secretary. The transfer must ensure that the property upon which the Memorial is to be located is transferred to the United States by willing sellers before construction of the Memorial begins. (4) A description of the processes and opportunities provided for public participation in the development of the report. (5) Any other planning, scheduling, construction, and long-term management issues and recommendations which, in the opinion of the Corporation, merit inclusion in the report. (b) Approval process Not later than 90 days after receiving notification by the Governor and the Mayor of their respective approvals of the report, the Secretary shall approve or disapprove the report. If the Secretary disapproves the report, the Secretary shall advise the Corporation, in writing, of the reasons for such disapproval and shall indicate any recommendations for revisions. Not later than 45 days after receiving any necessary revisions to the report, the Secretary shall approve or disapprove the revised report. (c) Final report The final report approved by the Secretary, the Governor, and the Mayor shall be transmitted to the Committee on Energy and Natural Resources of the Senate, and the Committee on Resources of the House of Representatives. 6. Duties of the secretary The Secretary is authorized to take the following actions: (1) Upon request by the Corporation, to provide assistance in conducting public meetings and forums. (2) Provide project management assistance for planning, design, and construction activities and in particular, to provide consultation and information permitting the plans and designs included within the report as required in section 5 to incorporate such elements necessary to facilitate the effective and efficient management of the Memorial as a unit of the National Park System. (3) Provide other assistance related to documentation and interpretation of the site and preservation of Memorial artifacts. (4) Acquire from willing sellers the land or interests in land for the Memorial site by donation, purchase with donated or appropriated funds, or exchange. (5) Administer, through the National Park Service, the Memorial as a unit of the National Park System in accordance with this Act and with the laws generally applicable to units of the National Park System. (6) Prepare a charter for the Board established in section 7 to clarify its role and its relationship with the Department of the Interior and the National Park Service. 7. Establishment of the world trade center memorial advisory Board (a) Establishment Upon transfer of the completed Memorial to the National Park Service, there is established an advisory Board to be known as the World Trade Center Memorial Advisory Board. (b) Duties The Board shall operate as an advisor to the National Park Service on the management of the Memorial, taking into consideration input from the public and interested parties. (c) Membership The Board shall be composed of 17 members appointed by the Secretary as follows: (1) Two members appointed after consideration of recommendations by each United States Senator from the State of New York. (2) One member appointed after consideration of recommendations by the member of the United States House of Representatives whose district shall encompass the World Trade Center site. (3) Four members appointed after consideration of recommendations by the Mayor, to represent a broad spectrum of interested citizens, agencies, and organizations. (4) Four members appointed after consideration of recommendations by the Governor, to represent a broad spectrum of interested citizens, agencies, and organizations. (5) Six members appointed after consideration of recommendations by the President. (d) Terms Members of the Board shall serve for a term of 3 years. Any member of the Board may continue to serve after the expiration of his or her term, until such time as a successor is appointed. Any vacancy in the Board shall be filled in the same manner in which the original appointment was made. (e) Chair The members of the Board shall designate 1 of the members as Chair of the Board. (f) Meetings The Board shall meet on a regular basis, at least 4 times a year. Notice of meetings shall be published in local newspapers. Board meetings shall be held at locations and in such a manner as to ensure adequate public involvement. (g) Quorum A majority of the members serving on the Board shall constitute a quorum for the transaction of any business. (h) Voting The Board shall act and advise by a majority vote of the members present at any meeting at which a quorum is in attendance. (i) Expenses Members of the Board shall serve without compensation, but while engaged in official business shall be entitled to travel expenses, including per diem in lieu of subsistence in the same manner as persons employed intermittently in Federal Government service under section 5703 of title 5, United States Code. (j) Termination The Board shall terminate 60 days after the date upon which the Memorial ceases to be administered by the National Park Service. 8. Authorization of appropriations (a) Construction Upon approval of the report required by section 5, the Secretary is authorized to grant such sums as may be necessary to the Corporation for the construction of a permanent Memorial in accordance with the approved report. (b) Matching requirement Funds made available pursuant to subsection (a) shall not exceed 50 percent of the construction cost of the Memorial. (c) Technical assistance There is authorized to be appropriated to the National Park Service, $300,000 for fiscal year 2003 and each fiscal year thereafter to provide technical assistance to the Corporation and to otherwise carry out this Act. (d) Board There is authorized to be appropriated to the Board such sums as may be necessary to perform its responsibilities under this Act.
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107
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5,436
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To extend the dealine for commencement of construction of a hydroelectric project in the State of Oregon
[ { "text": "1. Extension of time for Federal Energy Regulatory Commission project \n(a) In general \nNotwithstanding the time period specified in section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply to the Federal Energy Regulatory Commission project number 11509, the Commission shall, at the request of the licensee for the project, and after reasonable notice, extend the time period during which the licensee is required to commence the construction of the project for 3 consecutive 2-year periods. (b) Effective date \nSubsection (a) takes effect on the date of the expiration of the extension issued by the Commission under section 13 of the Federal Power Act (16 U.S.C. 806) for Federal Energy Regulatory Commission project number 11509. (c) Reinstatement of expired license \nIf the period required for commencement of construction of the project described in subsection (a) has expired prior to the date of the enactment of this act, the commission shall reinstate the license effective as of the date of its expiration and the first extension authorized under subsection (a) shall take effect on the date of such expiration", "id": "H220F463434024241A6E13633007400B", "header": "Extension of time for Federal Energy Regulatory Commission project" } ]
1
1. Extension of time for Federal Energy Regulatory Commission project (a) In general Notwithstanding the time period specified in section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply to the Federal Energy Regulatory Commission project number 11509, the Commission shall, at the request of the licensee for the project, and after reasonable notice, extend the time period during which the licensee is required to commence the construction of the project for 3 consecutive 2-year periods. (b) Effective date Subsection (a) takes effect on the date of the expiration of the extension issued by the Commission under section 13 of the Federal Power Act (16 U.S.C. 806) for Federal Energy Regulatory Commission project number 11509. (c) Reinstatement of expired license If the period required for commencement of construction of the project described in subsection (a) has expired prior to the date of the enactment of this act, the commission shall reinstate the license effective as of the date of its expiration and the first extension authorized under subsection (a) shall take effect on the date of such expiration
1,143
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107
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5,671
ih
To promote the secure sharing of information and communications within the Department of Homeland Security.
[ { "text": "1. Short title \nThis Act may be cited as the Information Security Act.", "id": "HC5CA02596BCD4E5E86A896F2644FFEB7", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) The securing of information will play a vital role in rapidly transforming the Department of Homeland Security into a cohesive organization. (2) Without the ability to share information securely and to collaborate securely, the Department of Homeland Security cannot carry out its mission to strengthen homeland security. (b) Purpose \nThe purpose of this Act is to require the Department of Homeland Security to fund, implement, and maintain the enhanced security infrastructure necessary for sensitive information to be securely stored, transmitted, and disseminated within the Department.", "id": "H99F7D49820F548EA8095A760089B781", "header": "Findings and purposes" }, { "text": "3. Managed digital certificates \nThe Chief Information Officer and the Under Secretary for Management of the Department of Homeland Security shall work with the heads of key Department of Homeland Security agencies, including the United States Customs Office and the United States Office of Immigration and Naturalization Services, to implement managed digital certificate-based security projects and to issue to Department employees managed digital certificates, that— (1) provide standards-based email encryption and digital signature capabilities; (2) permit interoperability with the Federal Bridge and other Government public key infrastructure systems and applications; (3) demonstrate proven scalability; (4) support multiple platforms; and (5) include automated, secure key, and certificate management.", "id": "H189245F9B6E14F3FA73BFC11DDFCF0CB", "header": "Managed digital certificates" }, { "text": "4. Definitions \nIn this Act: (1) Digital certificate \nThe term digital certificate means a digital identifier that authenticates an individual or an appliance on a computer network. (2) Managed digital certificate \nThe term managed digital certificate means a digital certificate supported by a technology infrastructure that manages the certificate’s life-cycle from creation, issuance, revision, and cancellation. (3) Managed digital certificate-based security \nThe term managed digital certificate-based security means security services predicated upon the use of managed digital certificates. (4) Federal bridge \nThe term Federal Bridge means a clearinghouse that interprets and manages digital certificates so different Government departments and agencies can securely interoperate.", "id": "HCC49BA222B1041D70040FB032EF0FAE1", "header": "Definitions" } ]
4
1. Short title This Act may be cited as the Information Security Act. 2. Findings and purposes (a) Findings Congress finds the following: (1) The securing of information will play a vital role in rapidly transforming the Department of Homeland Security into a cohesive organization. (2) Without the ability to share information securely and to collaborate securely, the Department of Homeland Security cannot carry out its mission to strengthen homeland security. (b) Purpose The purpose of this Act is to require the Department of Homeland Security to fund, implement, and maintain the enhanced security infrastructure necessary for sensitive information to be securely stored, transmitted, and disseminated within the Department. 3. Managed digital certificates The Chief Information Officer and the Under Secretary for Management of the Department of Homeland Security shall work with the heads of key Department of Homeland Security agencies, including the United States Customs Office and the United States Office of Immigration and Naturalization Services, to implement managed digital certificate-based security projects and to issue to Department employees managed digital certificates, that— (1) provide standards-based email encryption and digital signature capabilities; (2) permit interoperability with the Federal Bridge and other Government public key infrastructure systems and applications; (3) demonstrate proven scalability; (4) support multiple platforms; and (5) include automated, secure key, and certificate management. 4. Definitions In this Act: (1) Digital certificate The term digital certificate means a digital identifier that authenticates an individual or an appliance on a computer network. (2) Managed digital certificate The term managed digital certificate means a digital certificate supported by a technology infrastructure that manages the certificate’s life-cycle from creation, issuance, revision, and cancellation. (3) Managed digital certificate-based security The term managed digital certificate-based security means security services predicated upon the use of managed digital certificates. (4) Federal bridge The term Federal Bridge means a clearinghouse that interprets and manages digital certificates so different Government departments and agencies can securely interoperate.
2,334
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107
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ih
For the relief of Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, and Ruslan Khamitovich Yagudin.
[ { "text": "1. Permanent resident status for oleg rasulyevich rafikov, alfia fanilevna rafikova, evgenia olegovna rafikova, and ruslan khamitovich yagudin \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, and Ruslan Khamitovich Yagudin shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, or Ruslan Khamitovich Yagudin enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, or Ruslan Khamitovich Yagudin, the Secretary of State shall instruct the proper officer to reduce by 4, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives \nThe natural parents, brothers, and sisters of Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, and Ruslan Khamitovich Yagudin shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "HC6D4B2CED9234B7BA232284D2DF564BA", "header": "Permanent resident status for oleg rasulyevich rafikov, alfia fanilevna rafikova, evgenia olegovna rafikova, and ruslan khamitovich yagudin" } ]
1
1. Permanent resident status for oleg rasulyevich rafikov, alfia fanilevna rafikova, evgenia olegovna rafikova, and ruslan khamitovich yagudin (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, and Ruslan Khamitovich Yagudin shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, or Ruslan Khamitovich Yagudin enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, or Ruslan Khamitovich Yagudin, the Secretary of State shall instruct the proper officer to reduce by 4, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives The natural parents, brothers, and sisters of Oleg Rasulyevich Rafikov, Alfia Fanilevna Rafikova, Evgenia Olegovna Rafikova, and Ruslan Khamitovich Yagudin shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
2,422
107hr5644ih
107
hr
5,644
ih
To repeal certain provisions of the Labor Management Relations Act, 1947 (commonly known as the Taft-Hartley Act) that permit the President to intervene in strikes and lock-outs.
[ { "text": "1. Repeal of Labor Management Relations Act, 1947, provisions relating to National emergencies \nSections 206 through 210 of the Labor Management Relations Act, 1947 (29 U.S.C. 176-180) are repealed.", "id": "HF1A509E90A9D4BEDAC32B67322A919F7", "header": "Repeal of Labor Management Relations Act, 1947, provisions relating to National emergencies" }, { "text": "2. Effective date \nThe repeal under section 1 shall apply to strikes and lock-outs occurring before, on, or after the date of the enactment of this Act.", "id": "H178A4B609F0246BD907C695FB708BECA", "header": "Effective date" } ]
2
1. Repeal of Labor Management Relations Act, 1947, provisions relating to National emergencies Sections 206 through 210 of the Labor Management Relations Act, 1947 (29 U.S.C. 176-180) are repealed. 2. Effective date The repeal under section 1 shall apply to strikes and lock-outs occurring before, on, or after the date of the enactment of this Act.
351
107hr5762ih
107
hr
5,762
ih
To provide for the expeditious disclosure of records relevant to the life and assassination of Reverend Doctor Martin Luther King, Jr..
[ { "text": "1. Short title \nThis Act may be cited as the Martin Luther King, Jr., Records Collection Act of 2002.", "id": "H2D253048EA194432869F5581DFBD00A6", "header": "Short title" }, { "text": "2. Findings, declarations, and purposes \n(a) Findings and declarations \nThe Congress finds and declares that— (1) all Government records related to the life and assassination of Reverend Dr. Martin Luther King, Jr. should be preserved for historical and governmental purposes; (2) all Government records concerning the life and assassination of Reverend Dr. Martin Luther King, Jr., should carry a presumption of immediate disclosure, and all records should be eventually disclosed to enable the public to become fully informed about the history surrounding his life and assassination; (3) legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records; (4) legislation is necessary because congressional records related to the life and assassination of Reverend Dr. Martin Luther King, Jr., would not otherwise be subject to public disclosure until at least the year 2028; (5) legislation is necessary because the Freedom of Information Act, as implemented by the executive branch, has prevented the timely public disclosure of records relating to the life and assassination of Reverend Dr. Martin Luther King, Jr.; (6) legislation is necessary because Executive Order No. 12356, entitled National Security Information has eliminated the declassification and downgrading schedules relating to classified information across government and has prevented the timely public disclosure of records relating to the life and assassination of Reverend Dr. Martin Luther King, Jr.; and (7) most of the records related to the life and assassination of Reverend Dr. Martin Luther King, Jr., are almost 35 years old, and only in the rarest cases is there any legitimate need for continued protection of such records. (b) Purposes \nThe purposes of this Act are— (1) to provide for the creation of the Reverend Dr. Martin Luther King, Jr. Records Collection at the National Archives and Records Administration; and (2) to require the expeditious public transmission to the Archivist and public disclosure of such records.", "id": "H9E4F16DC77814452A6F7052160DB814C", "header": "Findings, declarations, and purposes" }, { "text": "3. Definitions \nIn this Act, the following definitions apply: (1) The term Archivist means the Archivist of the United States. (2) The term related record means a record that is related to the life and assassination of Reverend Dr. Martin Luther King, Jr., that was created or made available for use by, obtained by, or otherwise came into the possession of— (A) the Commission on Central Intelligence Agency Activities Within the United States (the Rockefeller Commission ); (B) the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (the Church Committee ); (C) the Select Committee on Assassinations (the House Assassinations Committee ) of the House of Representatives; (D) the Library of Congress; (E) the National Archives and Records Administration; (F) any Presidential library; (G) any Executive agency; (H) any independent agency; (I) any other office of the Federal Government; (J) any State or local law enforcement office that provided support or assistance or performed work in connection with a Federal inquiry into the life and assassination of Reverend Dr. Martin Luther King, Jr.; and (K) any donated deed or gift. (3) The term collection means the Reverend Dr. Martin Luther King, Jr., Records Collection established under section 4. (4) The term Executive agency means an Executive agency as defined in subsection 552(f) of title 5, United States Code, and includes any Executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government, including the Executive Office of the President, or any independent regulatory agency. (5) The term Government office means any office of the Federal Government that has possession or control of related records, including— (A) the House Committee on Administration with regard to the Select Committee on Assassinations of the records of the House of Representatives; (B) the Select Committee on Intelligence of the Senate with regard to records of the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities and other related records; (C) the Library of Congress; (D) the National Archives as custodian of related records that it has obtained or possesses, including the Commission on Central Intelligence Agency Activities in the United States; and (E) any other executive branch office or agency, and any independent agency. (6) The term identification aid means the written description prepared for each record as required in section 4. (7) The term National Archives means the National Archives and Records Administration and all components thereof, including Presidential archival depositories established under section 2112 of title 44, United States Code. (8) The term official investigation means the reviews of the activities or assassination of Reverend Dr. Martin Luther King, Jr., conducted by any Presidential commission, any authorized congressional committee, and any Government agency either independently, at the request of any Presidential commission or congressional committee, or at the request of any Government official. (9) The term originating body means the Executive agency, government commission, congressional committee, or other governmental entity that created a record or particular information within a record. (10) The term public interest means the compelling interest in the prompt public disclosure of related records for historical and governmental purposes and for the purpose of fully informing the American people about the history surrounding the life and assassination of Reverend Dr. Martin Luther King, Jr. (11) The term record includes a book, paper, map, photograph, sound or video recording, machine readable material, computerized, digitized, or electronic information, regardless of the medium on which it is stored, or other documentary material or physical evidence, regardless of its physical form or characteristics. (12) The term Review Board means the Records Review Board established by section 7. (13) The term third agency means a Government agency that originated a related record that is in the possession of another agency.", "id": "H4149A5C806214AC6AE75D7CB00FD05AF", "header": "Definitions" }, { "text": "4. Reverend dr. martin luther king, jr. records collection at the national archives and records administration \n(a) In general \n(1) Not later than 60 days after the date of enactment of this Act, the National Archives and Records Administration shall commence establishment of a collection of records to be known as the Reverend Dr. Martin Luther King, Jr., records collection. In so doing, the Archivist shall ensure the physical integrity and original provenance of all records. The collection shall consist of record copies of all Government records relating to the life and assassination of Reverend Dr. Martin Luther King, Jr., which shall be transmitted to the national archives in accordance with section 2107 of title 44, United States Code. The archivist shall prepare and publish a subject guidebook and index to the collection which will be available to the public for inspection and searchable electronically— (2) The Collection shall include— (A) all related records— (i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of enactment of this Act; (ii) that are required to be transmitted to the National Archives; (iii) the disclosure of which is postponed under this Act; or (iv) that meets the definition of a related record discovered after termination of the existence of the Records Review Board; (B) a central directory comprised of identification aids created for each record transmitted to the Archivist under section 5; and (C) all Review Board records as required by this Act. (b) Use of secondary location for portion of collection \n(1) In general \nThe Archivist shall enter into an agreement with an entity outside the National Archives for the establishment of a secondary location for such portion of the Collection as the Archivist considers appropriate. (2) Process for entering into agreement \nThe Archivist shall enter into an agreement under this subsection through the solicitation of proposals from public and private institutions of higher education, research institutions, museums, and other archival institutions. (3) Criteria for selection \nIn selecting from the proposals submitted under paragraph (2), the Archivist shall give preference to an entity— (A) with a proven record of archival collecting; (B) which will provide a maximum level of public access to the portion of the Collection involved; and (C) which will encourage continuing study and education regarding the life and assassination of Dr. Reverend Martin Luther King, Jr. (4) Treatment of collection at secondary location \nThe portion of the Collection maintained at the secondary location pursuant to this subsection, and the entity responsible for maintaining such portion of the collection under the agreement under this subsection, shall be subject to the same terms, conditions, and requirements as apply under this Act to the portion of the Collection maintained at the National Archives and the Archivist. (c) Disclosure of records \nAll assassination records transmitted to the National Archives for disclosure to the public shall be included in the Collection and shall be available to the public for inspection and copying at the National Archives and through an electronic format within 30 days after their transmission to the National Archives. (d) Fees for copying \nThe Archivist shall— (1) charge fees for copying such records; and (2) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. (e) Additional requirements \n(1) The Collection shall be preserved, protected, archived, and made available to the public at the National Archives using appropriations authorized, specified, and restricted for use under the terms of this Act. (2) The National Archives, in consultation with the Information Security Oversight Office, shall ensure the security of the postponed records in the Collection. (f) Oversight \nThe Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate shall have continuing oversight jurisdiction with respect to the Collection, and shall conduct biannual hearings, up to and including the final archivist determination.", "id": "H2EEA60D6E58C48339C1E54E700516C4D", "header": "Reverend dr. martin luther king, jr. records collection at the national archives and records administration" }, { "text": "5. Review, identification, transmission to the national archives, and public disclosure of related records by government offices \n(a) In general \n(1) Preparation \nAs soon as practicable after the date of enactment of this Act, each Government office shall identify and organize its records relating to the life and assassination of Reverend Dr. Martin Luther King, Jr., and prepare them for transmission to the Archivist for inclusion in the Collection. (2) Related records \nNo related record shall be destroyed, altered, or mutilated in any way. (3) Prior disclosure \nNo related record made available or disclosed to the public prior to the date of enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified. (4) Related records created outside of government \nNo related record created by a person or entity outside government (excluding names or identities consistent with the requirements of section 6) shall be withheld, redacted, postponed for public disclosure, or reclassified. (b) Custody of related records pending review \nDuring the review by Government offices and pending review activity by the Review Board, each Government office shall retain custody of its related records for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of records for purposes of conducting an independent and impartial review; (2) transfer is necessary for an administrative hearing or other Review Board function; or (3) it is a third agency record described in subsection (c)(2)(C). (c) Review \n(1) In general \nNot later than 180 days after the date of enactment of this Act, each Government office shall review, identify, and organize each related record in its custody or possession for disclosure to the public, review by the Review Board, and transmission to the Archivist. (2) Related records \nIn carrying out paragraph (1), a Government office shall— (A) determine which of its records are related records; (B) determine which of its related records have been officially disclosed or publicly available in a complete and unredacted form; (C) (i) determine which of its related records, or particular information contained in such a record, was created by a third agency or by another Government office; and (ii) transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof; (D) (i) determine whether its related records or particular information in related records are covered by the standards for postponement of public disclosure under this Act; and (ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 6; (E) organize and make available to the Review Board all related records identified under subparagraph (D) the public disclosure of which in whole or in part may be postponed under this Act; (F) organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is a related record governed by this Act; (G) give priority to— (i) the identification, review, and transmission of all related records publicly available or disclosed as of the date of enactment of this Act in a redacted or edited form; and (ii) the identification, review, and transmission, under the standards for postponement set forth in this Act, of related records that on the date of enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and (H) make available to the Review Board any additional information and records that the Review Board has reason to believe it requires for conducting a review under this Act. (3) Archival depositories \nThe Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of related records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this Act. (d) Identification aids \n(1) In general \n(A) Standard form \nNot later than 45 days after the date of enactment of this Act, the Archivist, in consultation with the appropriate Government offices, shall prepare and make available to all Government offices a standard form of identification or finding aid for use with each related record subject to review under this Act. (B) Uniform system \nThe Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system of electronic records by Government offices that are compatible with each other and which shall be made publicly available. (2) Printed copies \nUpon completion of an identification aid, a Government office shall— (A) attach a printed copy to the record it describes; (B) transmit to the Review Board a printed copy; and (C) attach a printed copy to each related record it describes when it is transmitted to the Archivist. (3) Publicly available records \nRelated records which are in the possession of the National Archives on the date of enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this Act. (e) Transmission to the national archives \nEach Government office shall— (1) transmit to the Archivist, and make immediately available to the public, all related records that can be publicly disclosed, including those that are publicly available on the date of enactment of this Act, without any redaction, adjustment, or withholding under the standards of this Act; and (2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this Act, all related records the public disclosure of which has been postponed, in whole or in part, under the standards of this Act, to become part of the protected Collection. (f) Custody of postponed related records \nA related record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section 5(e)(2). (g) Periodic review of postponed related records \n(1) All postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board under section 9(c)(3)(B). (2) A periodic review shall address the public disclosure of additional related records in the Collection under the standards of this Act. (3) All postponed related records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement. Such description shall be provided to the Archivist and published in the Federal Register upon determination. (4) The periodic review of postponed related records shall serve to downgrade and declassify security classified information. (5) Each related record shall be publicly disclosed in full, and available in the Collection no later than the date that is 10 years after the date of enactment of this Act, unless the President certifies, as required by this Act, that— (A) continued postponement is made necessary by an— (B) identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and (C) the identifiable harm is of such gravity that it outweighs the public interest in disclosure. (h) Record availability \nExecutive branch agencies shall— (1) charge fees for copying related records; (2) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code; (3) permit, when not deemed a risk by the Board, the use of personal copying devices, including, but not limited to portable scanners, digital cameras, and the like; and (4) make available to the public electronic versions of related records.", "id": "H628D06787EE644E6BF02C3E1C24E6BEE", "header": "Review, identification, transmission to the national archives, and public disclosure of related records by government offices" }, { "text": "6. Grounds for postponement of public disclosure of records \nDisclosure of related records or particular information in related records to the public may be postponed subject to the limitations of this Act if there is clear and convincing evidence that— (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the related record is of such gravity that it outweighs the public interest, and such public disclosure would reveal— (A) a living intelligence agent whose identity currently requires protection; (B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the United States Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; (2) the public disclosure of the related record would reveal the name or identity of a living person who provided confidential information to the United States and would pose a substantial risk of harm to that person; (3) the public disclosure of the related record could reasonably be expected to constitute an unwarranted invasion of a living person's personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (4) the public disclosure of the related record would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a living cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest.", "id": "HF45C56363B904F38B5935FEE8EF4A0B4", "header": "Grounds for postponement of public disclosure of records" }, { "text": "7. Establishment and powers of the records review board \n(a) Establishment \nThere is established as an independent agency a board to be known as the Records Review Board. (b) Appointment \n(1) Five members \nThe President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 5 citizens to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of Government records related to the life and assassination of Reverend Dr. Martin Luther King, Jr. (2) Nominations \nThe President shall make nominations to the Review Board not later than 90 calendar days after the date of enactment of this Act. (3) Additional nominations \nIf the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. (4) Recommendations \n(A) The President shall make nominations to the Review Board after considering persons recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, and the American Bar Association. (B) If an organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of enactment of this Act, the President shall consider for nomination the persons recommended by the other organizations described in subparagraph (A). (C) The President may request an organization described in subparagraph (A) to submit additional nominations. (5) Nominations \nPersons nominated to the Review Board— (A) shall be impartial private citizens, none of whom is presently employed by any branch of the Government, none of whom shall have had any previous involvement with any official investigation or inquiry conducted by a Federal, State, or local government, and none of whom shall have been previously employed by any federal intelligence or law enforcement agency, relating to the life or assassination of Reverend Dr. Martin Luther King, Jr.; (B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the life and assassination of Dr. Reverend Martin Luther King, Jr., and who possess an appreciation of the value of such material to the public, scholars, and government; and (C) shall include at least 1 professional historian, 1 attorney, 1 researcher, and 1 representative of the civil rights community. (c) Security clearances \n(1) All Review Board nominees shall be granted the necessary security clearances in an accelerated manner, commiserate with that of other executive nominations, subject to the standard procedures for granting such clearances. (2) All nominees shall qualify for the necessary security clearance prior to being considered for confirmation by the Committee on Governmental Affairs of the Senate. (d) Confirmation hearings \n(1) The Committee on Governmental Affairs of the Senate shall hold confirmation hearings within 30 days in which the Senate is in session after the nomination of 3 Review Board members. (2) The Committee on Governmental Affairs shall vote on the nominations within 14 days in which the Senate is in session after the confirmation hearings, and shall report its results to the full Senate immediately. (3) The Senate shall vote on each nominee to confirm or reject within 14 days in which the Senate is in session after reported by the Committee on Governmental Affairs. (e) Vacancy \nA vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy. (f) Chairperson \nThe Members of the Review Board shall elect one of its members as chairperson at its initial meeting. (g) Removal of review board member \n(1) In general \nNo member of the Review Board shall be removed from office, other than— (A) by impeachment and conviction; or (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, failure to meet or falsification of any qualifications under 5(A) or 5(B), or any other condition that substantially impairs the performance of the member's duties. (2) Report \n(A) Facts and grounds \nIf a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal the President shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a report specifying the facts found and the grounds for the removal. (B) Publication \nThe President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law.. (3) Judical review \n(A) Civil action \nA member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia (B) Reinstatement \nThe member may be reinstated or granted other appropriate relief by order of the court. (h) Compensation of members \n(1) A member of the Review Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board. (2) A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular place of business in the performance of services for the Review Board. (i) Duties of the review board \n(1) The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of related records. (2) In carrying out paragraph (1), the Review Board shall consider and render decisions— (A) whether a record constitutes a related record; and (B) whether a related record or particular information in a record qualifies for postponement of disclosure under this Act. (j) Powers \n(1) In general \nThe Review Board shall have the authority to act in a manner prescribed under this Act including authority to— (A) direct Government offices to complete identification aids and organize related records; (B) direct Government offices to transmit to the Archivist related records as required under this Act, including segregable portions of related records, and substitutes and summaries of related records that can be publicly disclosed to the fullest extent; (C) (i) obtain access to related records that have been identified and organized by a Government office; (ii) direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals, which the Review Board has reason to believe is required to fulfill its functions and responsibilities under this Act; and (iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this Act; (D) require any Government office to account in writing for the destruction of any records relating to the life or assassination of Reverend Dr. Martin Luther King, Jr.; (E) receive information from the public regarding the identification and public disclosure of related records; (F) hold hearings, administer oaths, and subpoena witnesses and documents; (G) use the Federal Supply Service in the same manner and under the same conditions as other departments and agencies of the United States; and (H) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (2) Enforcement \nA subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. (k) Witness immunity \nThe Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. (l) Oversight \n(1) The Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate shall have continuing oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of postponed or newly discovered records after termination of the Review Board, shall conduct periodic hearings on the conduct of the board not less than every 2 years, and shall have access to any records held or created by the Review Board. (2) The Review Board, all Federal Government agencies, and the NARA shall have the duty to cooperate with the exercise of such oversight jurisdiction. (m) Support services \nThe Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis. (n) Interpretive regulations \nThe Review Board may issue interpretive regulations. (o) Termination and winding up \n(1) The Review Board and the terms of its members shall terminate not later than 4 years after the enactment of this Act, except that the Review Board may, by majority vote, extend its term for an additional 2-year period if it has not completed its work within that 4-year period. (2) Upon its termination, the Review Board shall submit reports to the President and the Congress including a complete and accurate accounting of expenditures during its existence, and shall complete all other reporting requirements under this Act. (3) Upon termination and winding up, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed and records created in the course of its duties will be released to the public within 60 days of its termination.", "id": "HF63FC750213544C09B478185893C9B44", "header": "Establishment and powers of the records review board" }, { "text": "8. Records review board personnel \n(a) Executive director \n(1) Appointment \nNot later than 45 days after the initial meeting of the Review Board, the Review Board shall appoint one citizen, without regard to political affiliation, to the position of Executive Director. (2) Qualifications \nThe person appointed as Executive Director shall be a private citizen of integrity and impartiality who is a distinguished professional and who is not a present employee of any branch of the Government, has not previously been employed by an intelligence agency, and has had no previous involvement with any official investigation or inquiry relating to the life or assassination of Reverend Dr. Martin Luther King, Jr (3) Security clearances \n(A) A candidate for Executive Director shall be granted the necessary security clearances in an accelerated manner subject to the standard procedures for granting such clearances. (B) A candidate shall qualify for the necessary security clearance prior to being approved by the Review Board. (4) Duties \nThe Executive Director shall— (A) serve as principal liaison to Government offices; (B) be responsible for the administration and coordination of the Review Board's review of records; (C) be responsible for the administration of all official activities conducted by the Review Board; and (D) have no authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure. (5) Removal \nThe Executive Director shall not be removed for reasons other than by a majority vote of the Review Board for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, failure to meet or falsification of any qualifications under paragraph (2), or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board. (b) Staff \n(1) In general \nThe Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and chapter 53 of that title relating to classification and General Service pay rates, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform its duties. (2) Qualifications \nA person appointed to the staff of the Review Board shall be a private citizen of integrity and impartiality who is not a present employee of any branch of the Government, has not previously been in the employ of any intelligence agency, and who has had no previous involvement with any official investigation or inquiry relating to the life or assassination of Reverend Dr. Martin Luther King, Jr. (3) Security clearances \n(A) Acceleration \nA candidate for staff shall be granted the necessary security clearances in an accelerated manner subject to the standard procedures for granting such clearances. (B) Conditional employment \n(i) The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted related record materials. (ii) If a person hired on a conditional basis under clause (i) is denied other otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person's employment. (c) Compensation \nSubject to such rules as may be adopted by the Review Board, the chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and chapter 53 of that title relating to classification and General Service pay rates, may— (1) appoint an Executive Director, who shall be paid at a rate not to exceed the rate of basic pay for level V of the Executive Schedule; and (2) appoint and fix compensation of such other personnel as may be necessary to carry out this Act. (d) Advisory committees \n(1) The Review Board shall create advisory committees to assist in fulfilling the responsibilities of the Review Board under this Act. (2) Any advisory committee created by the Review Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Security clearance required \nAn individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance.", "id": "HEFE7FACE393B4CEDA36779D6D06247A4", "header": "Records review board personnel" }, { "text": "9. Review of records by the records review board \n(a) Custody of records reviewed by board \nPending the outcome of the Review Board's review activity, a Government office shall retain custody of its related records for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or (2) such transfer is necessary for an administrative hearing or other official Review Board function. (b) Startup requirements \nThe Review Board shall— (1) not later than 90 days after the date of its appointment, publish a schedule for review of all assassination records in the Federal Register; and (2) not later than 180 days after the date of enactment of this Act, begin its review of related records under this Act. (c) Determinations of the review board \n(1) Transmittal \nThe Review Board shall direct that all related records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that— (A) a Government record is not a related record; or (B) a Government record or particular information within a related record qualifies for postponement of public disclosure under this Act. (2) Postponement \nIn approving postponement of public disclosure of a related record, the Review Board shall seek to— (A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and (B) determine, in consultation with the originating body and consistent with the standards for postponement under this Act, which of the following alternative forms of disclosure shall be made by the originating body: (i) Any reasonably segregable particular information in a related record. (ii) A substitute record for that information which is postponed. (iii) A summary of a related record. (3) Report \nWith respect to each related record or particular information in related records the public disclosure of which is postponed pursuant to section 6, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the Archivist a report containing— (A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific related records; and (B) a statement, based on a review of the proceedings and in conformity with the decisions reflected therein, designating a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this Act. (4) Disclosure \n(A) Notice \nFollowing its review and a determination that a related record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of its determination and publish a copy of the determination in the Federal Register within 14 days after the determination is made. (B) Leglislative branch \nContemporaneous notice shall be made to the President for Review Board determinations regarding executive branch related records, and to the oversight committees designated in this Act in the case of legislative branch records. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 6. (d) Presidential authority over review board determination \n(1) Public disclosure or postponement of disclosure \nAfter the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an executive branch related record or information within such a record, or of any information contained in a related record, obtained or developed solely within the executive branch, the President shall have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 6, and the President shall provide the Review Board with an unclassified written certification specifying the President's decision within 30 days after the Review Board's determination and notice to the executive branch agency as required under this Act, stating the justification for the President's decision, including the applicable grounds for postponement under section 6, accompanied by a copy of the identification aid required under section 4. If, after 30 days, the President has not transmitted such written certification to the Review Board, the Board may proceed according to its formal determination. (2) Periodic review \nAny executive branch related record postponed by the President shall be subject to the requirements of periodic review, downgrading and declassification of classified information, and public disclosure in the collection set forth in section 4. (3) Record of presidential postponement \nThe Review Board shall, upon its receipt, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of related records. (e) Notice to public \nEvery 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a related record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the House of Representatives, or the Senate, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon. (f) Reports by the review board \n(1) The Review Board shall report its activities to the leadership of the Congress, the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity. (2) The first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 12 months thereafter until termination of the Review Board. (3) A report under paragraph (1) shall include the following information: (A) A financial report of the expenses for all official activities and requirements of the Review Board and its personnel. (B) The progress made on review, transmission to the Archivist, and public disclosure of related records. (C) The estimated time and volume of assassination records involved in the completion of the Review Board's performance under this Act. (D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this Act. (E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this Act, and a record of the volume of records reviewed and postponed. (F) Suggestions and requests to Congress for additional legislative authority needs. (G) An appendix containing copies of reports of postponed records to the Archivist required under section 9(c)(3) made since the date of the preceding report under this subsection. (4) At least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date.", "id": "H3060637237634292857D3359614097C8", "header": "Review of records by the records review board" }, { "text": "10. Disclosure of other materials and additional study \n(a) Materials under seal of court \n(1) Header \nThe Review Board may request the Attorney General to petition any court in the United States or abroad to release any information or physical evidence relevant to the life or assassination of Reverend Dr. Martin Luther King, Jr., that is held under seal of the court. (2) Header \n(A) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to the life or assassination of Reverend Dr. Martin Luther King, Jr., that is held under the injunction of secrecy of a grand jury. (B) A request for disclosure of life or assassination materials under this Act shall be deemed to constitute a showing of particularized need under Rule 6 of the Federal Rules of Criminal Procedure. (b) Sense of congress \nIt is the sense of the Congress that— (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury; (2) the Secretary of State should contact any other foreign government that may hold information relevant to the life and assassination of Reverend Dr. Martin Luther King, Jr., and seek the disclosure of such information; and (3) all Executive agencies should cooperate in full with the Review Board to seek the disclosure of all information relevant to the life and assassination of Reverend Dr. Martin Luther King, Jr., consistent with the public interest.", "id": "HBDFCC2008F014F5BBF75B122EE78BDCE", "header": "Disclosure of other materials and additional study" }, { "text": "11. Private right of action \n(a) In general \nAny person who is aggrieved by a violation of this Act may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation. (b) Attorney's fees \nIn a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs.", "id": "HBCDDF2F0AA3143FFACD435F2DA38FA9B", "header": "Private right of action" }, { "text": "12. Rules of construction \n(a) Precedence over other law \nWhen this Act requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other law (except section 6103 of the Internal Revenue Code), judicial decision construing such law, or common law doctrine that would otherwise prohibit such transmission or disclosure. (b) Freedom of information act \nNothing in this Act shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code. (c) Judicial review \nNothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this Act. (d) Existing authority \nNothing in this Act revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Government to publicly disclose records in its possession. (e) Rules of the senate and house of representatives \nTo the extent that any provision of this Act establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.", "id": "HD59ED81E75984583A6BAA7DC8DA0B000", "header": "Rules of construction" }, { "text": "13. Termination of effect of act \n(a) Provisions pertaining to the review board \nThe provisions of this Act that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 7(o). (b) Other provisions \nThe remaining provisions of this Act shall continue in effect until such time as the Archivist certifies to the President and the Congress that all assassination records have been made available to the public in accordance with this Act.", "id": "H7947EB6ACE9948DDB27EE1C72F61E2B", "header": "Termination of effect of act" }, { "text": "14. Authorization of appropriations \nThere are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended.", "id": "H8FA3278067F04D32AAFFFC1D7E020079", "header": "Authorization of appropriations" }, { "text": "15. Records pending \nUpon termination of the Review Board, all records that are still pending postponement determinations shall be presumed to be available for release.", "id": "H6E18B22F16224D83AFD4B6111ED9F35", "header": "Records pending" }, { "text": "16. Whistleblower protection \nAll members of the Review Board staff, the Review Board, NARA, and all Federal agencies covered under this Act shall treat relevant employees in accordance with the Whistleblowers Protection Act provisions, particularly relating to the disclosure of improper document retention, release, and disclosure.", "id": "H9C58794CD279407A8369F100ED751CE", "header": "Whistleblower protection" }, { "text": "17. Severability \nIf any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.", "id": "HE4FD97D8989946459DB6442527007508", "header": "Severability" } ]
17
1. Short title This Act may be cited as the Martin Luther King, Jr., Records Collection Act of 2002. 2. Findings, declarations, and purposes (a) Findings and declarations The Congress finds and declares that— (1) all Government records related to the life and assassination of Reverend Dr. Martin Luther King, Jr. should be preserved for historical and governmental purposes; (2) all Government records concerning the life and assassination of Reverend Dr. Martin Luther King, Jr., should carry a presumption of immediate disclosure, and all records should be eventually disclosed to enable the public to become fully informed about the history surrounding his life and assassination; (3) legislation is necessary to create an enforceable, independent, and accountable process for the public disclosure of such records; (4) legislation is necessary because congressional records related to the life and assassination of Reverend Dr. Martin Luther King, Jr., would not otherwise be subject to public disclosure until at least the year 2028; (5) legislation is necessary because the Freedom of Information Act, as implemented by the executive branch, has prevented the timely public disclosure of records relating to the life and assassination of Reverend Dr. Martin Luther King, Jr.; (6) legislation is necessary because Executive Order No. 12356, entitled National Security Information has eliminated the declassification and downgrading schedules relating to classified information across government and has prevented the timely public disclosure of records relating to the life and assassination of Reverend Dr. Martin Luther King, Jr.; and (7) most of the records related to the life and assassination of Reverend Dr. Martin Luther King, Jr., are almost 35 years old, and only in the rarest cases is there any legitimate need for continued protection of such records. (b) Purposes The purposes of this Act are— (1) to provide for the creation of the Reverend Dr. Martin Luther King, Jr. Records Collection at the National Archives and Records Administration; and (2) to require the expeditious public transmission to the Archivist and public disclosure of such records. 3. Definitions In this Act, the following definitions apply: (1) The term Archivist means the Archivist of the United States. (2) The term related record means a record that is related to the life and assassination of Reverend Dr. Martin Luther King, Jr., that was created or made available for use by, obtained by, or otherwise came into the possession of— (A) the Commission on Central Intelligence Agency Activities Within the United States (the Rockefeller Commission ); (B) the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities (the Church Committee ); (C) the Select Committee on Assassinations (the House Assassinations Committee ) of the House of Representatives; (D) the Library of Congress; (E) the National Archives and Records Administration; (F) any Presidential library; (G) any Executive agency; (H) any independent agency; (I) any other office of the Federal Government; (J) any State or local law enforcement office that provided support or assistance or performed work in connection with a Federal inquiry into the life and assassination of Reverend Dr. Martin Luther King, Jr.; and (K) any donated deed or gift. (3) The term collection means the Reverend Dr. Martin Luther King, Jr., Records Collection established under section 4. (4) The term Executive agency means an Executive agency as defined in subsection 552(f) of title 5, United States Code, and includes any Executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government, including the Executive Office of the President, or any independent regulatory agency. (5) The term Government office means any office of the Federal Government that has possession or control of related records, including— (A) the House Committee on Administration with regard to the Select Committee on Assassinations of the records of the House of Representatives; (B) the Select Committee on Intelligence of the Senate with regard to records of the Senate Select Committee to Study Governmental Operations with Respect to Intelligence Activities and other related records; (C) the Library of Congress; (D) the National Archives as custodian of related records that it has obtained or possesses, including the Commission on Central Intelligence Agency Activities in the United States; and (E) any other executive branch office or agency, and any independent agency. (6) The term identification aid means the written description prepared for each record as required in section 4. (7) The term National Archives means the National Archives and Records Administration and all components thereof, including Presidential archival depositories established under section 2112 of title 44, United States Code. (8) The term official investigation means the reviews of the activities or assassination of Reverend Dr. Martin Luther King, Jr., conducted by any Presidential commission, any authorized congressional committee, and any Government agency either independently, at the request of any Presidential commission or congressional committee, or at the request of any Government official. (9) The term originating body means the Executive agency, government commission, congressional committee, or other governmental entity that created a record or particular information within a record. (10) The term public interest means the compelling interest in the prompt public disclosure of related records for historical and governmental purposes and for the purpose of fully informing the American people about the history surrounding the life and assassination of Reverend Dr. Martin Luther King, Jr. (11) The term record includes a book, paper, map, photograph, sound or video recording, machine readable material, computerized, digitized, or electronic information, regardless of the medium on which it is stored, or other documentary material or physical evidence, regardless of its physical form or characteristics. (12) The term Review Board means the Records Review Board established by section 7. (13) The term third agency means a Government agency that originated a related record that is in the possession of another agency. 4. Reverend dr. martin luther king, jr. records collection at the national archives and records administration (a) In general (1) Not later than 60 days after the date of enactment of this Act, the National Archives and Records Administration shall commence establishment of a collection of records to be known as the Reverend Dr. Martin Luther King, Jr., records collection. In so doing, the Archivist shall ensure the physical integrity and original provenance of all records. The collection shall consist of record copies of all Government records relating to the life and assassination of Reverend Dr. Martin Luther King, Jr., which shall be transmitted to the national archives in accordance with section 2107 of title 44, United States Code. The archivist shall prepare and publish a subject guidebook and index to the collection which will be available to the public for inspection and searchable electronically— (2) The Collection shall include— (A) all related records— (i) that have been transmitted to the National Archives or disclosed to the public in an unredacted form prior to the date of enactment of this Act; (ii) that are required to be transmitted to the National Archives; (iii) the disclosure of which is postponed under this Act; or (iv) that meets the definition of a related record discovered after termination of the existence of the Records Review Board; (B) a central directory comprised of identification aids created for each record transmitted to the Archivist under section 5; and (C) all Review Board records as required by this Act. (b) Use of secondary location for portion of collection (1) In general The Archivist shall enter into an agreement with an entity outside the National Archives for the establishment of a secondary location for such portion of the Collection as the Archivist considers appropriate. (2) Process for entering into agreement The Archivist shall enter into an agreement under this subsection through the solicitation of proposals from public and private institutions of higher education, research institutions, museums, and other archival institutions. (3) Criteria for selection In selecting from the proposals submitted under paragraph (2), the Archivist shall give preference to an entity— (A) with a proven record of archival collecting; (B) which will provide a maximum level of public access to the portion of the Collection involved; and (C) which will encourage continuing study and education regarding the life and assassination of Dr. Reverend Martin Luther King, Jr. (4) Treatment of collection at secondary location The portion of the Collection maintained at the secondary location pursuant to this subsection, and the entity responsible for maintaining such portion of the collection under the agreement under this subsection, shall be subject to the same terms, conditions, and requirements as apply under this Act to the portion of the Collection maintained at the National Archives and the Archivist. (c) Disclosure of records All assassination records transmitted to the National Archives for disclosure to the public shall be included in the Collection and shall be available to the public for inspection and copying at the National Archives and through an electronic format within 30 days after their transmission to the National Archives. (d) Fees for copying The Archivist shall— (1) charge fees for copying such records; and (2) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code. (e) Additional requirements (1) The Collection shall be preserved, protected, archived, and made available to the public at the National Archives using appropriations authorized, specified, and restricted for use under the terms of this Act. (2) The National Archives, in consultation with the Information Security Oversight Office, shall ensure the security of the postponed records in the Collection. (f) Oversight The Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate shall have continuing oversight jurisdiction with respect to the Collection, and shall conduct biannual hearings, up to and including the final archivist determination. 5. Review, identification, transmission to the national archives, and public disclosure of related records by government offices (a) In general (1) Preparation As soon as practicable after the date of enactment of this Act, each Government office shall identify and organize its records relating to the life and assassination of Reverend Dr. Martin Luther King, Jr., and prepare them for transmission to the Archivist for inclusion in the Collection. (2) Related records No related record shall be destroyed, altered, or mutilated in any way. (3) Prior disclosure No related record made available or disclosed to the public prior to the date of enactment of this Act may be withheld, redacted, postponed for public disclosure, or reclassified. (4) Related records created outside of government No related record created by a person or entity outside government (excluding names or identities consistent with the requirements of section 6) shall be withheld, redacted, postponed for public disclosure, or reclassified. (b) Custody of related records pending review During the review by Government offices and pending review activity by the Review Board, each Government office shall retain custody of its related records for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of records for purposes of conducting an independent and impartial review; (2) transfer is necessary for an administrative hearing or other Review Board function; or (3) it is a third agency record described in subsection (c)(2)(C). (c) Review (1) In general Not later than 180 days after the date of enactment of this Act, each Government office shall review, identify, and organize each related record in its custody or possession for disclosure to the public, review by the Review Board, and transmission to the Archivist. (2) Related records In carrying out paragraph (1), a Government office shall— (A) determine which of its records are related records; (B) determine which of its related records have been officially disclosed or publicly available in a complete and unredacted form; (C) (i) determine which of its related records, or particular information contained in such a record, was created by a third agency or by another Government office; and (ii) transmit to a third agency or other Government office those records, or particular information contained in those records, or complete and accurate copies thereof; (D) (i) determine whether its related records or particular information in related records are covered by the standards for postponement of public disclosure under this Act; and (ii) specify on the identification aid required by subsection (d) the applicable postponement provision contained in section 6; (E) organize and make available to the Review Board all related records identified under subparagraph (D) the public disclosure of which in whole or in part may be postponed under this Act; (F) organize and make available to the Review Board any record concerning which the office has any uncertainty as to whether the record is a related record governed by this Act; (G) give priority to— (i) the identification, review, and transmission of all related records publicly available or disclosed as of the date of enactment of this Act in a redacted or edited form; and (ii) the identification, review, and transmission, under the standards for postponement set forth in this Act, of related records that on the date of enactment of this Act are the subject of litigation under section 552 of title 5, United States Code; and (H) make available to the Review Board any additional information and records that the Review Board has reason to believe it requires for conducting a review under this Act. (3) Archival depositories The Director of each archival depository established under section 2112 of title 44, United States Code, shall have as a priority the expedited review for public disclosure of related records in the possession and custody of the depository, and shall make such records available to the Review Board as required by this Act. (d) Identification aids (1) In general (A) Standard form Not later than 45 days after the date of enactment of this Act, the Archivist, in consultation with the appropriate Government offices, shall prepare and make available to all Government offices a standard form of identification or finding aid for use with each related record subject to review under this Act. (B) Uniform system The Archivist shall ensure that the identification aid program is established in such a manner as to result in the creation of a uniform system of electronic records by Government offices that are compatible with each other and which shall be made publicly available. (2) Printed copies Upon completion of an identification aid, a Government office shall— (A) attach a printed copy to the record it describes; (B) transmit to the Review Board a printed copy; and (C) attach a printed copy to each related record it describes when it is transmitted to the Archivist. (3) Publicly available records Related records which are in the possession of the National Archives on the date of enactment of this Act, and which have been publicly available in their entirety without redaction, shall be made available in the Collection without any additional review by the Review Board or another authorized office under this Act. (e) Transmission to the national archives Each Government office shall— (1) transmit to the Archivist, and make immediately available to the public, all related records that can be publicly disclosed, including those that are publicly available on the date of enactment of this Act, without any redaction, adjustment, or withholding under the standards of this Act; and (2) transmit to the Archivist upon approval for postponement by the Review Board or upon completion of other action authorized by this Act, all related records the public disclosure of which has been postponed, in whole or in part, under the standards of this Act, to become part of the protected Collection. (f) Custody of postponed related records A related record the public disclosure of which has been postponed shall, pending transmission to the Archivist, be held for reasons of security and preservation by the originating body until such time as the information security program has been established at the National Archives as required in section 5(e)(2). (g) Periodic review of postponed related records (1) All postponed or redacted records shall be reviewed periodically by the originating agency and the Archivist consistent with the recommendations of the Review Board under section 9(c)(3)(B). (2) A periodic review shall address the public disclosure of additional related records in the Collection under the standards of this Act. (3) All postponed related records determined to require continued postponement shall require an unclassified written description of the reason for such continued postponement. Such description shall be provided to the Archivist and published in the Federal Register upon determination. (4) The periodic review of postponed related records shall serve to downgrade and declassify security classified information. (5) Each related record shall be publicly disclosed in full, and available in the Collection no later than the date that is 10 years after the date of enactment of this Act, unless the President certifies, as required by this Act, that— (A) continued postponement is made necessary by an— (B) identifiable harm to the military defense, intelligence operations, law enforcement, or conduct of foreign relations; and (C) the identifiable harm is of such gravity that it outweighs the public interest in disclosure. (h) Record availability Executive branch agencies shall— (1) charge fees for copying related records; (2) grant waivers of such fees pursuant to the standards established by section 552(a)(4) of title 5, United States Code; (3) permit, when not deemed a risk by the Board, the use of personal copying devices, including, but not limited to portable scanners, digital cameras, and the like; and (4) make available to the public electronic versions of related records. 6. Grounds for postponement of public disclosure of records Disclosure of related records or particular information in related records to the public may be postponed subject to the limitations of this Act if there is clear and convincing evidence that— (1) the threat to the military defense, intelligence operations, or conduct of foreign relations of the United States posed by the public disclosure of the related record is of such gravity that it outweighs the public interest, and such public disclosure would reveal— (A) a living intelligence agent whose identity currently requires protection; (B) an intelligence source or method which is currently utilized, or reasonably expected to be utilized, by the United States Government and which has not been officially disclosed, the disclosure of which would interfere with the conduct of intelligence activities; or (C) any other matter currently relating to the military defense, intelligence operations, or conduct of foreign relations of the United States, the disclosure of which would demonstrably impair the national security of the United States; (2) the public disclosure of the related record would reveal the name or identity of a living person who provided confidential information to the United States and would pose a substantial risk of harm to that person; (3) the public disclosure of the related record could reasonably be expected to constitute an unwarranted invasion of a living person's personal privacy, and that invasion of privacy is so substantial that it outweighs the public interest; or (4) the public disclosure of the related record would compromise the existence of an understanding of confidentiality currently requiring protection between a Government agent and a living cooperating individual or a foreign government, and public disclosure would be so harmful that it outweighs the public interest. 7. Establishment and powers of the records review board (a) Establishment There is established as an independent agency a board to be known as the Records Review Board. (b) Appointment (1) Five members The President, by and with the advice and consent of the Senate, shall appoint, without regard to political affiliation, 5 citizens to serve as members of the Review Board to ensure and facilitate the review, transmission to the Archivist, and public disclosure of Government records related to the life and assassination of Reverend Dr. Martin Luther King, Jr. (2) Nominations The President shall make nominations to the Review Board not later than 90 calendar days after the date of enactment of this Act. (3) Additional nominations If the Senate votes not to confirm a nomination to the Review Board, the President shall make an additional nomination not later than 30 days thereafter. (4) Recommendations (A) The President shall make nominations to the Review Board after considering persons recommended by the American Historical Association, the Organization of American Historians, the Society of American Archivists, and the American Bar Association. (B) If an organization described in subparagraph (A) does not recommend at least 2 nominees meeting the qualifications stated in paragraph (5) by the date that is 45 days after the date of enactment of this Act, the President shall consider for nomination the persons recommended by the other organizations described in subparagraph (A). (C) The President may request an organization described in subparagraph (A) to submit additional nominations. (5) Nominations Persons nominated to the Review Board— (A) shall be impartial private citizens, none of whom is presently employed by any branch of the Government, none of whom shall have had any previous involvement with any official investigation or inquiry conducted by a Federal, State, or local government, and none of whom shall have been previously employed by any federal intelligence or law enforcement agency, relating to the life or assassination of Reverend Dr. Martin Luther King, Jr.; (B) shall be distinguished persons of high national professional reputation in their respective fields who are capable of exercising the independent and objective judgment necessary to the fulfillment of their role in ensuring and facilitating the review, transmission to the public, and public disclosure of records related to the life and assassination of Dr. Reverend Martin Luther King, Jr., and who possess an appreciation of the value of such material to the public, scholars, and government; and (C) shall include at least 1 professional historian, 1 attorney, 1 researcher, and 1 representative of the civil rights community. (c) Security clearances (1) All Review Board nominees shall be granted the necessary security clearances in an accelerated manner, commiserate with that of other executive nominations, subject to the standard procedures for granting such clearances. (2) All nominees shall qualify for the necessary security clearance prior to being considered for confirmation by the Committee on Governmental Affairs of the Senate. (d) Confirmation hearings (1) The Committee on Governmental Affairs of the Senate shall hold confirmation hearings within 30 days in which the Senate is in session after the nomination of 3 Review Board members. (2) The Committee on Governmental Affairs shall vote on the nominations within 14 days in which the Senate is in session after the confirmation hearings, and shall report its results to the full Senate immediately. (3) The Senate shall vote on each nominee to confirm or reject within 14 days in which the Senate is in session after reported by the Committee on Governmental Affairs. (e) Vacancy A vacancy on the Review Board shall be filled in the same manner as specified for original appointment within 30 days of the occurrence of the vacancy. (f) Chairperson The Members of the Review Board shall elect one of its members as chairperson at its initial meeting. (g) Removal of review board member (1) In general No member of the Review Board shall be removed from office, other than— (A) by impeachment and conviction; or (B) by the action of the President for inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, failure to meet or falsification of any qualifications under 5(A) or 5(B), or any other condition that substantially impairs the performance of the member's duties. (2) Report (A) Facts and grounds If a member of the Review Board is removed from office, and that removal is by the President, not later than 10 days after the removal the President shall submit to the Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate a report specifying the facts found and the grounds for the removal. (B) Publication The President shall publish in the Federal Register a report submitted under subparagraph (A), except that the President may, if necessary to protect the rights of a person named in the report or to prevent undue interference with any pending prosecution, postpone or refrain from publishing any or all of the report until the completion of such pending cases or pursuant to privacy protection requirements in law.. (3) Judical review (A) Civil action A member of the Review Board removed from office may obtain judicial review of the removal in a civil action commenced in the United States District Court for the District of Columbia (B) Reinstatement The member may be reinstated or granted other appropriate relief by order of the court. (h) Compensation of members (1) A member of the Review Board shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Review Board. (2) A member of the Review Board shall be allowed reasonable travel expenses, including per diem in lieu of subsistence, at rates for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the member's home or regular place of business in the performance of services for the Review Board. (i) Duties of the review board (1) The Review Board shall consider and render decisions on a determination by a Government office to seek to postpone the disclosure of related records. (2) In carrying out paragraph (1), the Review Board shall consider and render decisions— (A) whether a record constitutes a related record; and (B) whether a related record or particular information in a record qualifies for postponement of disclosure under this Act. (j) Powers (1) In general The Review Board shall have the authority to act in a manner prescribed under this Act including authority to— (A) direct Government offices to complete identification aids and organize related records; (B) direct Government offices to transmit to the Archivist related records as required under this Act, including segregable portions of related records, and substitutes and summaries of related records that can be publicly disclosed to the fullest extent; (C) (i) obtain access to related records that have been identified and organized by a Government office; (ii) direct a Government office to make available to the Review Board, and if necessary investigate the facts surrounding, additional information, records, or testimony from individuals, which the Review Board has reason to believe is required to fulfill its functions and responsibilities under this Act; and (iii) request the Attorney General to subpoena private persons to compel testimony, records, and other information relevant to its responsibilities under this Act; (D) require any Government office to account in writing for the destruction of any records relating to the life or assassination of Reverend Dr. Martin Luther King, Jr.; (E) receive information from the public regarding the identification and public disclosure of related records; (F) hold hearings, administer oaths, and subpoena witnesses and documents; (G) use the Federal Supply Service in the same manner and under the same conditions as other departments and agencies of the United States; and (H) use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. (2) Enforcement A subpoena issued under paragraph (1)(C)(iii) may be enforced by any appropriate Federal court acting pursuant to a lawful request of the Review Board. (k) Witness immunity The Review Board shall be considered to be an agency of the United States for purposes of section 6001 of title 18, United States Code. (l) Oversight (1) The Committee on Government Reform of the House of Representatives and the Committee on Governmental Affairs of the Senate shall have continuing oversight jurisdiction with respect to the official conduct of the Review Board and the disposition of postponed or newly discovered records after termination of the Review Board, shall conduct periodic hearings on the conduct of the board not less than every 2 years, and shall have access to any records held or created by the Review Board. (2) The Review Board, all Federal Government agencies, and the NARA shall have the duty to cooperate with the exercise of such oversight jurisdiction. (m) Support services The Administrator of the General Services Administration shall provide administrative services for the Review Board on a reimbursable basis. (n) Interpretive regulations The Review Board may issue interpretive regulations. (o) Termination and winding up (1) The Review Board and the terms of its members shall terminate not later than 4 years after the enactment of this Act, except that the Review Board may, by majority vote, extend its term for an additional 2-year period if it has not completed its work within that 4-year period. (2) Upon its termination, the Review Board shall submit reports to the President and the Congress including a complete and accurate accounting of expenditures during its existence, and shall complete all other reporting requirements under this Act. (3) Upon termination and winding up, the Review Board shall transfer all of its records to the Archivist for inclusion in the Collection, and no record of the Review Board shall be destroyed and records created in the course of its duties will be released to the public within 60 days of its termination. 8. Records review board personnel (a) Executive director (1) Appointment Not later than 45 days after the initial meeting of the Review Board, the Review Board shall appoint one citizen, without regard to political affiliation, to the position of Executive Director. (2) Qualifications The person appointed as Executive Director shall be a private citizen of integrity and impartiality who is a distinguished professional and who is not a present employee of any branch of the Government, has not previously been employed by an intelligence agency, and has had no previous involvement with any official investigation or inquiry relating to the life or assassination of Reverend Dr. Martin Luther King, Jr (3) Security clearances (A) A candidate for Executive Director shall be granted the necessary security clearances in an accelerated manner subject to the standard procedures for granting such clearances. (B) A candidate shall qualify for the necessary security clearance prior to being approved by the Review Board. (4) Duties The Executive Director shall— (A) serve as principal liaison to Government offices; (B) be responsible for the administration and coordination of the Review Board's review of records; (C) be responsible for the administration of all official activities conducted by the Review Board; and (D) have no authority to decide or determine whether any record should be disclosed to the public or postponed for disclosure. (5) Removal The Executive Director shall not be removed for reasons other than by a majority vote of the Review Board for cause on the grounds of inefficiency, neglect of duty, malfeasance in office, physical disability, mental incapacity, failure to meet or falsification of any qualifications under paragraph (2), or any other condition that substantially impairs the performance of the responsibilities of the Executive Director or the staff of the Review Board. (b) Staff (1) In general The Review Board, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and chapter 53 of that title relating to classification and General Service pay rates, may appoint and terminate additional personnel as are necessary to enable the Review Board and its Executive Director to perform its duties. (2) Qualifications A person appointed to the staff of the Review Board shall be a private citizen of integrity and impartiality who is not a present employee of any branch of the Government, has not previously been in the employ of any intelligence agency, and who has had no previous involvement with any official investigation or inquiry relating to the life or assassination of Reverend Dr. Martin Luther King, Jr. (3) Security clearances (A) Acceleration A candidate for staff shall be granted the necessary security clearances in an accelerated manner subject to the standard procedures for granting such clearances. (B) Conditional employment (i) The Review Board may offer conditional employment to a candidate for a staff position pending the completion of security background investigations. During the pendency of such investigations, the Review Board shall ensure that any such employee does not have access to, or responsibility involving, classified or otherwise restricted related record materials. (ii) If a person hired on a conditional basis under clause (i) is denied other otherwise does not qualify for all security clearances necessary to carry out the responsibilities of the position for which conditional employment has been offered, the Review Board shall immediately terminate the person's employment. (c) Compensation Subject to such rules as may be adopted by the Review Board, the chairperson, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service and without regard to the provisions of chapter 51 and chapter 53 of that title relating to classification and General Service pay rates, may— (1) appoint an Executive Director, who shall be paid at a rate not to exceed the rate of basic pay for level V of the Executive Schedule; and (2) appoint and fix compensation of such other personnel as may be necessary to carry out this Act. (d) Advisory committees (1) The Review Board shall create advisory committees to assist in fulfilling the responsibilities of the Review Board under this Act. (2) Any advisory committee created by the Review Board shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (e) Security clearance required An individual employed in any position by the Review Board (including an individual appointed as Executive Director) shall be required to qualify for any necessary security clearance prior to taking office in that position, but may be employed conditionally in accordance with subsection (b)(3)(B) before qualifying for that clearance. 9. Review of records by the records review board (a) Custody of records reviewed by board Pending the outcome of the Review Board's review activity, a Government office shall retain custody of its related records for purposes of preservation, security, and efficiency, unless— (1) the Review Board requires the physical transfer of records for reasons of conducting an independent and impartial review; or (2) such transfer is necessary for an administrative hearing or other official Review Board function. (b) Startup requirements The Review Board shall— (1) not later than 90 days after the date of its appointment, publish a schedule for review of all assassination records in the Federal Register; and (2) not later than 180 days after the date of enactment of this Act, begin its review of related records under this Act. (c) Determinations of the review board (1) Transmittal The Review Board shall direct that all related records be transmitted to the Archivist and disclosed to the public in the Collection in the absence of clear and convincing evidence that— (A) a Government record is not a related record; or (B) a Government record or particular information within a related record qualifies for postponement of public disclosure under this Act. (2) Postponement In approving postponement of public disclosure of a related record, the Review Board shall seek to— (A) provide for the disclosure of segregable parts, substitutes, or summaries of such a record; and (B) determine, in consultation with the originating body and consistent with the standards for postponement under this Act, which of the following alternative forms of disclosure shall be made by the originating body: (i) Any reasonably segregable particular information in a related record. (ii) A substitute record for that information which is postponed. (iii) A summary of a related record. (3) Report With respect to each related record or particular information in related records the public disclosure of which is postponed pursuant to section 6, or for which only substitutions or summaries have been disclosed to the public, the Review Board shall create and transmit to the Archivist a report containing— (A) a description of actions by the Review Board, the originating body, the President, or any Government office (including a justification of any such action to postpone disclosure of any record or part of any record) and of any official proceedings conducted by the Review Board with regard to specific related records; and (B) a statement, based on a review of the proceedings and in conformity with the decisions reflected therein, designating a recommended specified time at which or a specified occurrence following which the material may be appropriately disclosed to the public under this Act. (4) Disclosure (A) Notice Following its review and a determination that a related record shall be publicly disclosed in the Collection or postponed for disclosure and held in the protected Collection, the Review Board shall notify the head of the originating body of its determination and publish a copy of the determination in the Federal Register within 14 days after the determination is made. (B) Leglislative branch Contemporaneous notice shall be made to the President for Review Board determinations regarding executive branch related records, and to the oversight committees designated in this Act in the case of legislative branch records. Such notice shall contain a written unclassified justification for public disclosure or postponement of disclosure, including an explanation of the application of any standards contained in section 6. (d) Presidential authority over review board determination (1) Public disclosure or postponement of disclosure After the Review Board has made a formal determination concerning the public disclosure or postponement of disclosure of an executive branch related record or information within such a record, or of any information contained in a related record, obtained or developed solely within the executive branch, the President shall have the sole and nondelegable authority to require the disclosure or postponement of such record or information under the standards set forth in section 6, and the President shall provide the Review Board with an unclassified written certification specifying the President's decision within 30 days after the Review Board's determination and notice to the executive branch agency as required under this Act, stating the justification for the President's decision, including the applicable grounds for postponement under section 6, accompanied by a copy of the identification aid required under section 4. If, after 30 days, the President has not transmitted such written certification to the Review Board, the Board may proceed according to its formal determination. (2) Periodic review Any executive branch related record postponed by the President shall be subject to the requirements of periodic review, downgrading and declassification of classified information, and public disclosure in the collection set forth in section 4. (3) Record of presidential postponement The Review Board shall, upon its receipt, publish in the Federal Register a copy of any unclassified written certification, statement, and other materials transmitted by or on behalf of the President with regard to postponement of related records. (e) Notice to public Every 30 calendar days, beginning on the date that is 60 calendar days after the date on which the Review Board first approves the postponement of disclosure of a related record, the Review Board shall publish in the Federal Register a notice that summarizes the postponements approved by the Review Board or initiated by the President, the House of Representatives, or the Senate, including a description of the subject, originating agency, length or other physical description, and each ground for postponement that is relied upon. (f) Reports by the review board (1) The Review Board shall report its activities to the leadership of the Congress, the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, the President, the Archivist, and the head of any Government office whose records have been the subject of Review Board activity. (2) The first report shall be issued on the date that is 1 year after the date of enactment of this Act, and subsequent reports every 12 months thereafter until termination of the Review Board. (3) A report under paragraph (1) shall include the following information: (A) A financial report of the expenses for all official activities and requirements of the Review Board and its personnel. (B) The progress made on review, transmission to the Archivist, and public disclosure of related records. (C) The estimated time and volume of assassination records involved in the completion of the Review Board's performance under this Act. (D) Any special problems, including requests and the level of cooperation of Government offices, with regard to the ability of the Review Board to operate as required by this Act. (E) A record of review activities, including a record of postponement decisions by the Review Board or other related actions authorized by this Act, and a record of the volume of records reviewed and postponed. (F) Suggestions and requests to Congress for additional legislative authority needs. (G) An appendix containing copies of reports of postponed records to the Archivist required under section 9(c)(3) made since the date of the preceding report under this subsection. (4) At least 90 calendar days before completing its work, the Review Board shall provide written notice to the President and Congress of its intention to terminate its operations at a specified date. 10. Disclosure of other materials and additional study (a) Materials under seal of court (1) Header The Review Board may request the Attorney General to petition any court in the United States or abroad to release any information or physical evidence relevant to the life or assassination of Reverend Dr. Martin Luther King, Jr., that is held under seal of the court. (2) Header (A) The Review Board may request the Attorney General to petition any court in the United States to release any information relevant to the life or assassination of Reverend Dr. Martin Luther King, Jr., that is held under the injunction of secrecy of a grand jury. (B) A request for disclosure of life or assassination materials under this Act shall be deemed to constitute a showing of particularized need under Rule 6 of the Federal Rules of Criminal Procedure. (b) Sense of congress It is the sense of the Congress that— (1) the Attorney General should assist the Review Board in good faith to unseal any records that the Review Board determines to be relevant and held under seal by a court or under the injunction of secrecy of a grand jury; (2) the Secretary of State should contact any other foreign government that may hold information relevant to the life and assassination of Reverend Dr. Martin Luther King, Jr., and seek the disclosure of such information; and (3) all Executive agencies should cooperate in full with the Review Board to seek the disclosure of all information relevant to the life and assassination of Reverend Dr. Martin Luther King, Jr., consistent with the public interest. 11. Private right of action (a) In general Any person who is aggrieved by a violation of this Act may bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation. (b) Attorney's fees In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs. 12. Rules of construction (a) Precedence over other law When this Act requires transmission of a record to the Archivist or public disclosure, it shall take precedence over any other law (except section 6103 of the Internal Revenue Code), judicial decision construing such law, or common law doctrine that would otherwise prohibit such transmission or disclosure. (b) Freedom of information act Nothing in this Act shall be construed to eliminate or limit any right to file requests with any executive agency or seek judicial review of the decisions pursuant to section 552 of title 5, United States Code. (c) Judicial review Nothing in this Act shall be construed to preclude judicial review, under chapter 7 of title 5, United States Code, of final actions taken or required to be taken under this Act. (d) Existing authority Nothing in this Act revokes or limits the existing authority of the President, any executive agency, the Senate, or the House of Representatives, or any other entity of the Government to publicly disclose records in its possession. (e) Rules of the senate and house of representatives To the extent that any provision of this Act establishes a procedure to be followed in the Senate or the House of Representatives, such provision is adopted— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and is deemed to be part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. 13. Termination of effect of act (a) Provisions pertaining to the review board The provisions of this Act that pertain to the appointment and operation of the Review Board shall cease to be effective when the Review Board and the terms of its members have terminated pursuant to section 7(o). (b) Other provisions The remaining provisions of this Act shall continue in effect until such time as the Archivist certifies to the President and the Congress that all assassination records have been made available to the public in accordance with this Act. 14. Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act, to remain available until expended. 15. Records pending Upon termination of the Review Board, all records that are still pending postponement determinations shall be presumed to be available for release. 16. Whistleblower protection All members of the Review Board staff, the Review Board, NARA, and all Federal agencies covered under this Act shall treat relevant employees in accordance with the Whistleblowers Protection Act provisions, particularly relating to the disclosure of improper document retention, release, and disclosure. 17. Severability If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of this Act and the application of that provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.
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To direct the Secretary of the Interior to convey certain parcels of land acquired for the Blunt Reservoir and Pierre Canal features of the Oahe Unit, James Division, South Dakota, to the State of South Dakota for the purpose of mitigating lost wildlife habitat, on the condition that the current preferential leaseholders shall have an option to purchase the parcels, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Blunt Reservoir and Pierre Canal Land Conveyance Act of 2002", "id": "HD353B40711FC49EDB818EA44BB41123F", "header": "Short title" }, { "text": "2. Blunt reservoir and pierre canal \n(a) Definitions \nIn this section: (1) Blunt reservoir feature \nThe term Blunt Reservoir feature means the Blunt Reservoir feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin Program. (2) Governor \nThe term Governor means the Governor of the State, or a designee of such Governor. (3) Nonpreferential lease parcel \nThe term nonpreferential lease parcel means a parcel of land that— (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a nonpreferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (4) Pierre canal feature \nThe term Pierre Canal feature means the Pierre Canal feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin Program. (5) Preferential leaseholder \nThe term preferential leaseholder means a person or descendant of a person that held a lease on a preferential lease parcel as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (6) Preferential lease parcel \nThe term preferential lease parcel means a parcel of land that— (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a preferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (7) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) State \nThe term State means the State of South Dakota, including a successor in interest of the State. (9) Unleased parcel \nThe term unleased parcel means a parcel of land that— (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is not under lease as of the date of enactment of this Act. (b) Deauthorization \nThe Blunt Reservoir feature is deauthorized. (c) Acceptance of land and obligations \n(1) In general \nAs a condition of each conveyance under subsections (d)(5) and (e), respectively, the Governor shall agree— (A) that the State shall accept in as is condition, the portions of the Blunt Reservoir feature and the Pierre Canal feature that pass into State ownership; (B) that the State shall assume any liability accruing after the date of conveyance as a result of the ownership, operation, or maintenance of the features referred to in subparagraph (A), including liability associated with certain outstanding obligations associated with expired easements, or any other right granted in, on, over, or across either feature; and (C) to act as the agent for the Secretary in administering the purchase option extended to preferential leaseholders under subsection (d). (2) Responsibilities of the state \nAn outstanding obligation described in paragraph (1)(B) shall inure to the benefit of, and be binding upon, the State. (3) Oil, gas, mineral and other outstanding rights \nA conveyance to the State under subsection (d)(5) or (e) or a sale to a preferential leaseholder under subsection (d) shall be made subject to— (A) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by or in favor of a third party; and (B) any permit, license, lease, right-of-use, or right-of-way of record in, on, over, or across a feature referred to in paragraph (1)(A) that is outstanding as to a third party as of the date of enactment of this Act. (4) Additional conditions of conveyance to state \nA conveyance to the State under subsection (d)(5) or (e) shall be subject to the reservations by the United States and the conditions specified in section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240; 16 U.S.C. 667b), for the transfer of property to State agencies for wildlife conservation purposes. (d) Purchase option \n(1) In general \nA preferential leaseholder shall have an option to purchase from the Governor, acting as an agent for the Secretary, the preferential lease parcel that is the subject of the lease. (2) Terms \n(A) In general \nExcept as provided in subparagraph (B), a preferential leaseholder may elect to purchase a parcel on 1 of the following terms: (i) Cash purchase for the amount that is equal to— (I) the value of the parcel determined under paragraph (4); minus (II) 10 percent of that value. (ii) Installment purchase, with 10 percent of the value of the parcel determined under paragraph (4) to be paid on the date of purchase and the remainder to be paid over not more than 30 years at 3 percent annual interest. (B) Value under $10,000 \nIf the value of the parcel is under $10,000, the purchase shall be made on a cash basis in accordance with subparagraph (A)(i). (3) Option exercise period \n(A) In general \nA preferential leaseholder shall have until the date that is 5 years after enactment of this Act to exercise the option under paragraph (1). (B) Continuation of leases \nUntil the date specified in subparagraph (A), a preferential leaseholder shall be entitled to continue to lease from the Secretary the parcel leased by the preferential leaseholder under the same terms and conditions as under the lease, as in effect as of the date of enactment of this Act. (4) Valuation \n(A) In general \nThe value of a preferential lease parcel shall be its fair market value for agricultural purposes determined by an independent appraisal, exclusive of the value of private improvements made by the leaseholders while the land was federally owned before the date of the enactment of this Act, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition. (B) Fair market value \nAny dispute over the fair market value of a property under subparagraph (A) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations. (5) Conveyance to the state \n(A) In general \nIf a preferential leaseholder fails to purchase a parcel within the period specified in paragraph (3)(A), the Secretary shall convey the parcel to the State of South Dakota Department of Game, Fish, and Parks. (B) Wildlife habitat mitigation \nLand conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (6) Use of proceeds \nProceeds of sales of land under this Act shall be deposited as miscellaneous funds in the Treasury and such funds shall be made available, subject to appropriations, to the State for the establishment of a trust fund to pay the county taxes on the lands received by the State Department of Game, Fish, and Parks under this Act. (e) Conveyance of nonpreferential lease parcels and unleased parcels \n(1) Conveyance by secretary to state \n(A) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary shall convey to the South Dakota Department of Game, Fish, and Parks the nonpreferential lease parcels and unleased parcels of the Blunt Reservoir and Pierre Canal. (B) Wildlife habitat mitigation \nLand conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (2) Land exchanges for nonpreferential lease parcels and unleased parcels \n(A) In general \nThe Governor may allow a person to exchange land that the person owns elsewhere in the State for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal, as the case may be. (B) Priority \nThe right to exchange nonpreferential lease parcels or unleased parcels shall be granted in the following order or priority: (i) Exchanges with current lessees for nonpreferential lease parcels. (ii) Exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. (C) Easement for water conveyance structure \nAs a condition of the exchange of land of the Pierre Canal feature under this paragraph, the United States reserves a perpetual easement to the land to allow for the right to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. (f) Release from liability \n(1) In general \nEffective on the date of conveyance of any parcel under this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the parcel, except for damages for acts of negligence committed by the United States or by an employee, agent, or contractor of the United States, before the date of conveyance. (2) No additional liability \nNothing in this section adds to any liability that the United States may have under chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). (g) Requirements concerning conveyance of lease parcels \n(1) Interim requirements \nDuring the period beginning on the date of enactment of this Act and ending on the date of conveyance of the parcel, the Secretary shall continue to lease each preferential lease parcel or nonpreferential lease parcel to be conveyed under this section under the terms and conditions applicable to the parcel on the date of enactment of this Act. (2) Provision of parcel descriptions \nNot later than 180 days after the date of enactment of this Act, the Secretary shall provide the State a full legal description of all preferential lease parcels and nonpreferential lease parcels that may be conveyed under this section. (h) Authorization of appropriations \nThere is authorized to be appropriated to carry out this Act $750,000 to reimburse the Secretary for expenses incurred in implementing this Act, and such sums as are necessary to reimburse the Governor for expenses incurred implementing this Act, not to exceed 10 percent of the cost of each transaction conducted under this Act.", "id": "HCC26AD7BD38043A0AC2FFBD9007045C6", "header": "Blunt reservoir and pierre canal" } ]
2
1. Short title This Act may be cited as the Blunt Reservoir and Pierre Canal Land Conveyance Act of 2002 2. Blunt reservoir and pierre canal (a) Definitions In this section: (1) Blunt reservoir feature The term Blunt Reservoir feature means the Blunt Reservoir feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin Program. (2) Governor The term Governor means the Governor of the State, or a designee of such Governor. (3) Nonpreferential lease parcel The term nonpreferential lease parcel means a parcel of land that— (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a nonpreferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (4) Pierre canal feature The term Pierre Canal feature means the Pierre Canal feature of the Oahe Unit, James Division, authorized by the Act of August 3, 1968 (82 Stat. 624), as part of the Pick-Sloan Missouri River Basin Program. (5) Preferential leaseholder The term preferential leaseholder means a person or descendant of a person that held a lease on a preferential lease parcel as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (6) Preferential lease parcel The term preferential lease parcel means a parcel of land that— (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) was considered to be a preferential lease parcel by the Secretary as of January 1, 2001, and is reflected as such on the roster of leases of the Bureau of Reclamation for 2001. (7) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. (8) State The term State means the State of South Dakota, including a successor in interest of the State. (9) Unleased parcel The term unleased parcel means a parcel of land that— (A) was purchased by the Secretary for use in connection with the Blunt Reservoir feature or the Pierre Canal feature; and (B) is not under lease as of the date of enactment of this Act. (b) Deauthorization The Blunt Reservoir feature is deauthorized. (c) Acceptance of land and obligations (1) In general As a condition of each conveyance under subsections (d)(5) and (e), respectively, the Governor shall agree— (A) that the State shall accept in as is condition, the portions of the Blunt Reservoir feature and the Pierre Canal feature that pass into State ownership; (B) that the State shall assume any liability accruing after the date of conveyance as a result of the ownership, operation, or maintenance of the features referred to in subparagraph (A), including liability associated with certain outstanding obligations associated with expired easements, or any other right granted in, on, over, or across either feature; and (C) to act as the agent for the Secretary in administering the purchase option extended to preferential leaseholders under subsection (d). (2) Responsibilities of the state An outstanding obligation described in paragraph (1)(B) shall inure to the benefit of, and be binding upon, the State. (3) Oil, gas, mineral and other outstanding rights A conveyance to the State under subsection (d)(5) or (e) or a sale to a preferential leaseholder under subsection (d) shall be made subject to— (A) oil, gas, and other mineral rights reserved of record, as of the date of enactment of this Act, by or in favor of a third party; and (B) any permit, license, lease, right-of-use, or right-of-way of record in, on, over, or across a feature referred to in paragraph (1)(A) that is outstanding as to a third party as of the date of enactment of this Act. (4) Additional conditions of conveyance to state A conveyance to the State under subsection (d)(5) or (e) shall be subject to the reservations by the United States and the conditions specified in section 1 of the Act of May 19, 1948 (chapter 310; 62 Stat. 240; 16 U.S.C. 667b), for the transfer of property to State agencies for wildlife conservation purposes. (d) Purchase option (1) In general A preferential leaseholder shall have an option to purchase from the Governor, acting as an agent for the Secretary, the preferential lease parcel that is the subject of the lease. (2) Terms (A) In general Except as provided in subparagraph (B), a preferential leaseholder may elect to purchase a parcel on 1 of the following terms: (i) Cash purchase for the amount that is equal to— (I) the value of the parcel determined under paragraph (4); minus (II) 10 percent of that value. (ii) Installment purchase, with 10 percent of the value of the parcel determined under paragraph (4) to be paid on the date of purchase and the remainder to be paid over not more than 30 years at 3 percent annual interest. (B) Value under $10,000 If the value of the parcel is under $10,000, the purchase shall be made on a cash basis in accordance with subparagraph (A)(i). (3) Option exercise period (A) In general A preferential leaseholder shall have until the date that is 5 years after enactment of this Act to exercise the option under paragraph (1). (B) Continuation of leases Until the date specified in subparagraph (A), a preferential leaseholder shall be entitled to continue to lease from the Secretary the parcel leased by the preferential leaseholder under the same terms and conditions as under the lease, as in effect as of the date of enactment of this Act. (4) Valuation (A) In general The value of a preferential lease parcel shall be its fair market value for agricultural purposes determined by an independent appraisal, exclusive of the value of private improvements made by the leaseholders while the land was federally owned before the date of the enactment of this Act, in conformance with the Uniform Appraisal Standards for Federal Land Acquisition. (B) Fair market value Any dispute over the fair market value of a property under subparagraph (A) shall be resolved in accordance with section 2201.4 of title 43, Code of Federal Regulations. (5) Conveyance to the state (A) In general If a preferential leaseholder fails to purchase a parcel within the period specified in paragraph (3)(A), the Secretary shall convey the parcel to the State of South Dakota Department of Game, Fish, and Parks. (B) Wildlife habitat mitigation Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (6) Use of proceeds Proceeds of sales of land under this Act shall be deposited as miscellaneous funds in the Treasury and such funds shall be made available, subject to appropriations, to the State for the establishment of a trust fund to pay the county taxes on the lands received by the State Department of Game, Fish, and Parks under this Act. (e) Conveyance of nonpreferential lease parcels and unleased parcels (1) Conveyance by secretary to state (A) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall convey to the South Dakota Department of Game, Fish, and Parks the nonpreferential lease parcels and unleased parcels of the Blunt Reservoir and Pierre Canal. (B) Wildlife habitat mitigation Land conveyed under subparagraph (A) shall be used by the South Dakota Department of Game, Fish, and Parks for the purpose of mitigating the wildlife habitat that was lost as a result of the development of the Pick-Sloan project. (2) Land exchanges for nonpreferential lease parcels and unleased parcels (A) In general The Governor may allow a person to exchange land that the person owns elsewhere in the State for a nonpreferential lease parcel or unleased parcel at Blunt Reservoir or Pierre Canal, as the case may be. (B) Priority The right to exchange nonpreferential lease parcels or unleased parcels shall be granted in the following order or priority: (i) Exchanges with current lessees for nonpreferential lease parcels. (ii) Exchanges with adjoining and adjacent landowners for unleased parcels and nonpreferential lease parcels not exchanged by current lessees. (C) Easement for water conveyance structure As a condition of the exchange of land of the Pierre Canal feature under this paragraph, the United States reserves a perpetual easement to the land to allow for the right to design, construct, operate, maintain, repair, and replace a pipeline or other water conveyance structure over, under, across, or through the Pierre Canal feature. (f) Release from liability (1) In general Effective on the date of conveyance of any parcel under this Act, the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the parcel, except for damages for acts of negligence committed by the United States or by an employee, agent, or contractor of the United States, before the date of conveyance. (2) No additional liability Nothing in this section adds to any liability that the United States may have under chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). (g) Requirements concerning conveyance of lease parcels (1) Interim requirements During the period beginning on the date of enactment of this Act and ending on the date of conveyance of the parcel, the Secretary shall continue to lease each preferential lease parcel or nonpreferential lease parcel to be conveyed under this section under the terms and conditions applicable to the parcel on the date of enactment of this Act. (2) Provision of parcel descriptions Not later than 180 days after the date of enactment of this Act, the Secretary shall provide the State a full legal description of all preferential lease parcels and nonpreferential lease parcels that may be conveyed under this section. (h) Authorization of appropriations There is authorized to be appropriated to carry out this Act $750,000 to reimburse the Secretary for expenses incurred in implementing this Act, and such sums as are necessary to reimburse the Governor for expenses incurred implementing this Act, not to exceed 10 percent of the cost of each transaction conducted under this Act.
10,493
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107
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To extend the national flood insurance program.
[ { "text": "1. Extension of national flood insurance program \n(a) Borrowing Authority \nSection 1309(a)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)) is amended by striking December 31, 2002 and inserting December 31, 2004. (b) Authority to Write Policies \nSection 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking after and all that follows through the period at the end and inserting after December 31, 2004..", "id": "HD1E0F542393C4765B8E6A59F50004290", "header": "Extension of national flood insurance program" } ]
1
1. Extension of national flood insurance program (a) Borrowing Authority Section 1309(a)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)) is amended by striking December 31, 2002 and inserting December 31, 2004. (b) Authority to Write Policies Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking after and all that follows through the period at the end and inserting after December 31, 2004..
461
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107
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5,613
ih
To establish a demonstration project to implement evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth at selected facilities.
[ { "text": "1. Short title \nThis Act may be cited as the Children’s Mental Health Screening and Prevention Act of 2002.", "id": "HAD73633DB1E142539F38D5924FFE1CB1", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) Over the past 20 years, advances in scientific research have changed the way of thinking about children's mental health and proven that the same mental disorders that afflict adults can also occur in children and adolescents. (2) In January 2001, the Report of the Surgeon General's Conference on Children's Mental Health noted that 74 percent of individuals age 21 with mental disorders had prior problems, indicating that children's mental disorders often persist into adulthood. (3) Scientific research has demonstrated that early identification and treatment of mental disorders in youth greatly improves a child or adolescent's prognosis throughout his or her lifetime. (4) In January 2001, the Surgeon General noted that, while 1 in 10 children and adolescents in the United States suffers from mental illness severe enough to cause some level of impairment, only 1 in 5 of such children and adolescents receives needed mental health treatment. (5) In September 2002, the National Council on Disability noted that between 60 and 70 percent of youth in the juvenile justice system have an emotional disturbance and almost 50 percent have co-occurring disabilities. (6) The World Health Organization has reported that youth neuropsychiatric disorders will rise by over 50 percent by 2020, making such disorders 1 of the top 5 causes of disability, morbidity, and mortality among children and adolescents. (7) Psychological autopsy studies have found that 90 percent of youths who end their own lives have depression or another diagnosable mental or substance abuse disorder at the time of their deaths, verifying a link between mental illness and suicide. (8) In 1999, the Surgeon General recognized that mental illness and substance abuse disorders are, in fact, the greatest risk factors for suicidal behavior, and that properly identifying and treating mental illness and substance abuse disorders are an important part of suicide prevention activities. (9) The National Council on Disability has also stated that the failure to identify and treat mental disabilities between children and youth has serious consequences, including school failure, involvement with the justice system and other tragic outcomes, including the growing problem of teen suicides and/or suicide attempts. (10) The Centers for Disease Control and Prevention reported that in 2000 suicide was the 3rd leading cause of death among youth 15 to 24 years of age. (11) The Substance Abuse and Mental Health Services Administration reported that in 1999 almost 3,000,000 youth were at risk for suicide, but only 36 percent received mental health treatment. (12) According to the Youth Risk Behavior Surveillance System of the Centers for Disease Control and Prevention, among high school students surveyed in 2001, 19 percent had seriously considered attempting suicide, almost 15 percent had made a specific plan to attempt suicide, almost 9 percent had attempted suicide, and almost 3 percent had made an attempt at suicide that required medical attention. (13) The Centers for Disease Control and Prevention reported that each year in the United States, almost as many adolescents and young adults commit suicide as die from all natural causes combined, including leukemia, birth defects, pneumonia, influenza, and AIDS. (14) In January 2001, the Surgeon General issued a goal to improve the assessment of and recognition of mental health needs in children in part by encouraging early identification of mental health needs in existing preschool, child care, education, health, welfare, juvenile justice, and substance abuse treatment systems. (15) Toward that end, the efforts, initiatives, and activities of the Federal Government should be used to support evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth.", "id": "H636959ED32C34DCF8FBB83791C10676F", "header": "Findings" }, { "text": "3. Mental health screening demonstration project \n(a) In General \nThe Secretary of Health and Human Services, the Secretary of Education, and the Attorney General, acting jointly and in consultation with the Directors (as that term is defined in subsection (j)), shall make a grant to 1 demonstration facility in each of the 10 demonstration areas (designated under subsection (b)) to implement evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth. (b) Designation of demonstration areas \n(1) Designation \nNot later than 6 months after the date of enactment of this Act, the Secretaries, in consultation with the Directors, shall designate 10 demonstration areas for purposes of making grants under this section. (2) Inclusion of certain areas \nThe Secretaries shall include in the demonstration areas designated under paragraph (1) at least 1 of each of the following: (A) An urban area that is eligible for designation under section 332 of the Public Health Service Act (42 U.S.C. 254e) as a health professional shortage area. (B) An area that has a shortage of mental health professionals. (C) An area in a county that is not included in any standard metropolitan statistical area. (D) An area in a county that is included in a standard metropolitan statistical area. (E) An area that is located in an Indian reservation. (c) Period of grants \nEach grant made under subsection (a) shall be for a period of 3 years. (d) Application requirements \n(1) In general \nTo seek a grant under this section, a demonstration facility shall submit an application at such time and in such manner as the Secretaries reasonably require. (2) Contents \nAn application submitted by a demonstration facility for a grant under subsection (a) shall— (A) demonstrate that the facility has formed a multidisciplinary project implementation committee; (B) specify an evidence-based preventive-screening method to be implemented with the grant; (C) demonstrate that the facility has the means to obtain the necessary resources and tools, other than personnel, to implement the specified evidence-based preventive-screening method; (D) demonstrate that the facility has existing staff, will hire new staff, or will partner with staff from a local, licensed mental health or medical organization to conduct the specified evidence-based screening method, and that such staff will include at least 1 licensed mental health professional with a minimum of a master's degree in a mental health discipline; (E) identify the location (which need not be at the facility) where the specified evidence-based preventive-screening method will be implemented; (F) demonstrate that the facility has obtained full approval to screen at such location; (G) identify the sample of school-age youth to be screened with the specified evidence-based preventive-screening method; (H) identify a method for obtaining written consent from the parent or legal guardian of any minor taking part in the specified evidence-based preventive-screening method; (I) identify, for the purpose of determining the ability of the facility to case manage treatment for participating youth, the capacity of licensed individuals or entities offering mental health care (including any such mental health professionals, hospitals, residential treatment centers, and outpatient clinics) to accept referral of individuals for further mental health evaluation and treatment— (i) within 10 miles of the location identified under subparagraph (E); and (ii) within 40 miles of such location; and (J) contain such other information as the Secretaries reasonably require. (e) Information collection \nThe Secretaries may not make a grant to an applicant under subsection (a) for a demonstration project unless the applicant agrees to collect the following: (1) Information on the demographics of youth participating in the project, including— (A) the number of youth solicited to participate in the project, including the number of such youth disaggregated by age, gender, and ethnicity; and (B) the number of youth actually participating in the project, including the number of such youth disaggregated by age, gender, and ethnicity. (2) Information on the outcomes of evidence-based preventive-screening methods, including— (A) the number of screening refusals, due to lack of consent by a parent or legal guardian or refusal of the youth; (B) the number of youth with positive outcomes for all mental illnesses, including such number disaggregated by disorder; (C) the number of youth with positive outcomes for suicidal ideation; and (D) the number of youth with positive outcomes for suicide attempts. (3) Information on referrals based on outcomes, including— (A) the number of youth referred for clinical interviews to determine need for further evaluation or treatment; (B) the number of youth referred for further evaluation or treatment, including such number disaggregated by type and location of treatment; (C) the number of youth and their parents or legal guardians who accept referrals for further evaluation or treatment; and (D) the number of youth and their parents or legal guardians who refuse referrals for further evaluation or treatment. (4) Information on treatment based on referrals, including— (A) the number of referred youth who accepted a referral but did not show up for the first evaluation or treatment appointment; (B) the number of referred youth who attended 1 appointment; (C) the number of referred youth who attended 2 to 5 appointments; (D) the number of referred youth who attended 6 to 10 appointments; and (E) the number of referred youth who attended more than 10 appointments. (5) To the extent practicable, information on suicide attempts, suicide rates, and access to evidence-based mental health screening and suicide prevention programs among school-age youth for the 3 years preceding the commencement of the project. (6) Such additional information as the Secretaries reasonably require. (f) Information reporting \nThe Secretaries may not make a grant to an applicant under subsection (a) for a demonstration project unless the applicant agrees to report information collected under subsection (e) to the Secretaries as follows: (1) Information collected under paragraphs (1), (2), (3), (4), and (6) of subsection (e) shall be reported— (A) not later than the date that is 2 months after completion of the 1st year of the project; (B) not later than the date that is 2 months after completion of the 2nd year of the project; and (C) not later than the date that is 2 months after completion of the 3rd year of the project. (2) Any information collected under paragraph (5) of subsection (e) shall be reported not later than the date that is 6 months after commencement of the demonstration project. (g) Feasibility of collecting information on preceding years \nIn making grants under subsection (a), the Secretaries may not discriminate against an applicant because it will not be practicable, owing to insufficient funds or otherwise, for the applicant to collect information under subsection (e)(5). (h) Advisory panel \n(1) Establishment \nNot later than 14 months after making the first grant under subsection (a), the Secretaries shall convene an advisory panel. (2) Duties \nThe advisory panel shall— (A) assist in the review and evaluation of the information collected and reported pursuant to subsections (e) and (f), respectively; and (B) submit recommendations to each of the Secretaries on the use or improvement of evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth. (3) Membership \nThe advisory panel shall consist of not more than 20 members, and the members shall represent the following: (A) National or local organizations representing for-profit and nonprofit mental health care treatment facilities. (B) National or local organizations representing mental health care professionals. (C) National or local organizations representing mental health care consumers. (D) National or local organizations representing school-based mental health care professionals. (E) National or local organizations dedicated to school-based health care. (F) National or local organizations representing school administrators. (G) National or local organizations representing school boards and school board members. (H) National or local organizations representing juvenile justice professionals. (I) National or local organizations dedicated to juvenile justice. (J) National or local organizations representing foster care professionals. (K) National or local organizations dedicated to foster care. (L) National or local organizations dedicated to child welfare. (M) Accredited child and adolescent psychiatric programs at national medical colleges and universities. (N) Any other entities or individuals that the Secretaries deem appropriate. (i) Report \nNot later than 6 months after the end of the 3-year grant period for the last grant made under subsection (a), the Secretaries, in consultation with the Directors and the advisory panel, shall submit to the Congress a report on the grants made under this section. Such report shall be based on the information collected and reported under subsections (e) and (f), respectively, and shall include the evaluation and recommendations of the advisory panel. (j) Definitions \nIn this section: (1) Advisory panel \nThe term advisory panel means the advisory panel convened under subsection (h). (2) Demonstration facility \nThe term demonstration facility means a facility that serves at-risk youth or performs outreach to school-age youth, including any elementary school, secondary school, school-based health center, juvenile justice facility, foster care setting, homeless shelter, youth drop-in center, youth outreach organization, or youth residential treatment center. (3) Directors \nThe term Directors means the Administrator of the Health Resources and Services Administration, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Centers for Disease Control and Prevention, the Director of the Indian Health Service, and the Director of the National Institute of Mental Health. (4) Elementary school; secondary school \nThe terms elementary school and secondary school have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act (20 U.S.C. 7801). (5) Evidence-based preventive-screening method \nThe term evidence-based preventive-screening method means a preventive-screening method that has been shown to be valid and effective through research that is conducted by independent scientific teams, is determined by well-regarded scientists to be of high quality, and meets the quality standards for publication in scientific peer-reviewed journals. (6) School-age youth \nThe term school-age youth means an individual who is 6 to 18 years of age, or who is enrolled in any elementary school or secondary school. (7) Secretaries \nThe term Secretaries means the Secretary of Health and Human Services, the Secretary of Education, and the Attorney General, acting jointly. (k) Authorization of appropriations \nThere are authorized to be appropriated to the Secretaries to carry out this section $3,000,000 for each of fiscal years 2004 through 2006, and such sums as may be necessary thereafter, to remain available until expended.", "id": "HE656CB56C70E41F7B946F7A72EE4FFED", "header": "Mental health screening demonstration project" } ]
3
1. Short title This Act may be cited as the Children’s Mental Health Screening and Prevention Act of 2002. 2. Findings The Congress finds as follows: (1) Over the past 20 years, advances in scientific research have changed the way of thinking about children's mental health and proven that the same mental disorders that afflict adults can also occur in children and adolescents. (2) In January 2001, the Report of the Surgeon General's Conference on Children's Mental Health noted that 74 percent of individuals age 21 with mental disorders had prior problems, indicating that children's mental disorders often persist into adulthood. (3) Scientific research has demonstrated that early identification and treatment of mental disorders in youth greatly improves a child or adolescent's prognosis throughout his or her lifetime. (4) In January 2001, the Surgeon General noted that, while 1 in 10 children and adolescents in the United States suffers from mental illness severe enough to cause some level of impairment, only 1 in 5 of such children and adolescents receives needed mental health treatment. (5) In September 2002, the National Council on Disability noted that between 60 and 70 percent of youth in the juvenile justice system have an emotional disturbance and almost 50 percent have co-occurring disabilities. (6) The World Health Organization has reported that youth neuropsychiatric disorders will rise by over 50 percent by 2020, making such disorders 1 of the top 5 causes of disability, morbidity, and mortality among children and adolescents. (7) Psychological autopsy studies have found that 90 percent of youths who end their own lives have depression or another diagnosable mental or substance abuse disorder at the time of their deaths, verifying a link between mental illness and suicide. (8) In 1999, the Surgeon General recognized that mental illness and substance abuse disorders are, in fact, the greatest risk factors for suicidal behavior, and that properly identifying and treating mental illness and substance abuse disorders are an important part of suicide prevention activities. (9) The National Council on Disability has also stated that the failure to identify and treat mental disabilities between children and youth has serious consequences, including school failure, involvement with the justice system and other tragic outcomes, including the growing problem of teen suicides and/or suicide attempts. (10) The Centers for Disease Control and Prevention reported that in 2000 suicide was the 3rd leading cause of death among youth 15 to 24 years of age. (11) The Substance Abuse and Mental Health Services Administration reported that in 1999 almost 3,000,000 youth were at risk for suicide, but only 36 percent received mental health treatment. (12) According to the Youth Risk Behavior Surveillance System of the Centers for Disease Control and Prevention, among high school students surveyed in 2001, 19 percent had seriously considered attempting suicide, almost 15 percent had made a specific plan to attempt suicide, almost 9 percent had attempted suicide, and almost 3 percent had made an attempt at suicide that required medical attention. (13) The Centers for Disease Control and Prevention reported that each year in the United States, almost as many adolescents and young adults commit suicide as die from all natural causes combined, including leukemia, birth defects, pneumonia, influenza, and AIDS. (14) In January 2001, the Surgeon General issued a goal to improve the assessment of and recognition of mental health needs in children in part by encouraging early identification of mental health needs in existing preschool, child care, education, health, welfare, juvenile justice, and substance abuse treatment systems. (15) Toward that end, the efforts, initiatives, and activities of the Federal Government should be used to support evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth. 3. Mental health screening demonstration project (a) In General The Secretary of Health and Human Services, the Secretary of Education, and the Attorney General, acting jointly and in consultation with the Directors (as that term is defined in subsection (j)), shall make a grant to 1 demonstration facility in each of the 10 demonstration areas (designated under subsection (b)) to implement evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth. (b) Designation of demonstration areas (1) Designation Not later than 6 months after the date of enactment of this Act, the Secretaries, in consultation with the Directors, shall designate 10 demonstration areas for purposes of making grants under this section. (2) Inclusion of certain areas The Secretaries shall include in the demonstration areas designated under paragraph (1) at least 1 of each of the following: (A) An urban area that is eligible for designation under section 332 of the Public Health Service Act (42 U.S.C. 254e) as a health professional shortage area. (B) An area that has a shortage of mental health professionals. (C) An area in a county that is not included in any standard metropolitan statistical area. (D) An area in a county that is included in a standard metropolitan statistical area. (E) An area that is located in an Indian reservation. (c) Period of grants Each grant made under subsection (a) shall be for a period of 3 years. (d) Application requirements (1) In general To seek a grant under this section, a demonstration facility shall submit an application at such time and in such manner as the Secretaries reasonably require. (2) Contents An application submitted by a demonstration facility for a grant under subsection (a) shall— (A) demonstrate that the facility has formed a multidisciplinary project implementation committee; (B) specify an evidence-based preventive-screening method to be implemented with the grant; (C) demonstrate that the facility has the means to obtain the necessary resources and tools, other than personnel, to implement the specified evidence-based preventive-screening method; (D) demonstrate that the facility has existing staff, will hire new staff, or will partner with staff from a local, licensed mental health or medical organization to conduct the specified evidence-based screening method, and that such staff will include at least 1 licensed mental health professional with a minimum of a master's degree in a mental health discipline; (E) identify the location (which need not be at the facility) where the specified evidence-based preventive-screening method will be implemented; (F) demonstrate that the facility has obtained full approval to screen at such location; (G) identify the sample of school-age youth to be screened with the specified evidence-based preventive-screening method; (H) identify a method for obtaining written consent from the parent or legal guardian of any minor taking part in the specified evidence-based preventive-screening method; (I) identify, for the purpose of determining the ability of the facility to case manage treatment for participating youth, the capacity of licensed individuals or entities offering mental health care (including any such mental health professionals, hospitals, residential treatment centers, and outpatient clinics) to accept referral of individuals for further mental health evaluation and treatment— (i) within 10 miles of the location identified under subparagraph (E); and (ii) within 40 miles of such location; and (J) contain such other information as the Secretaries reasonably require. (e) Information collection The Secretaries may not make a grant to an applicant under subsection (a) for a demonstration project unless the applicant agrees to collect the following: (1) Information on the demographics of youth participating in the project, including— (A) the number of youth solicited to participate in the project, including the number of such youth disaggregated by age, gender, and ethnicity; and (B) the number of youth actually participating in the project, including the number of such youth disaggregated by age, gender, and ethnicity. (2) Information on the outcomes of evidence-based preventive-screening methods, including— (A) the number of screening refusals, due to lack of consent by a parent or legal guardian or refusal of the youth; (B) the number of youth with positive outcomes for all mental illnesses, including such number disaggregated by disorder; (C) the number of youth with positive outcomes for suicidal ideation; and (D) the number of youth with positive outcomes for suicide attempts. (3) Information on referrals based on outcomes, including— (A) the number of youth referred for clinical interviews to determine need for further evaluation or treatment; (B) the number of youth referred for further evaluation or treatment, including such number disaggregated by type and location of treatment; (C) the number of youth and their parents or legal guardians who accept referrals for further evaluation or treatment; and (D) the number of youth and their parents or legal guardians who refuse referrals for further evaluation or treatment. (4) Information on treatment based on referrals, including— (A) the number of referred youth who accepted a referral but did not show up for the first evaluation or treatment appointment; (B) the number of referred youth who attended 1 appointment; (C) the number of referred youth who attended 2 to 5 appointments; (D) the number of referred youth who attended 6 to 10 appointments; and (E) the number of referred youth who attended more than 10 appointments. (5) To the extent practicable, information on suicide attempts, suicide rates, and access to evidence-based mental health screening and suicide prevention programs among school-age youth for the 3 years preceding the commencement of the project. (6) Such additional information as the Secretaries reasonably require. (f) Information reporting The Secretaries may not make a grant to an applicant under subsection (a) for a demonstration project unless the applicant agrees to report information collected under subsection (e) to the Secretaries as follows: (1) Information collected under paragraphs (1), (2), (3), (4), and (6) of subsection (e) shall be reported— (A) not later than the date that is 2 months after completion of the 1st year of the project; (B) not later than the date that is 2 months after completion of the 2nd year of the project; and (C) not later than the date that is 2 months after completion of the 3rd year of the project. (2) Any information collected under paragraph (5) of subsection (e) shall be reported not later than the date that is 6 months after commencement of the demonstration project. (g) Feasibility of collecting information on preceding years In making grants under subsection (a), the Secretaries may not discriminate against an applicant because it will not be practicable, owing to insufficient funds or otherwise, for the applicant to collect information under subsection (e)(5). (h) Advisory panel (1) Establishment Not later than 14 months after making the first grant under subsection (a), the Secretaries shall convene an advisory panel. (2) Duties The advisory panel shall— (A) assist in the review and evaluation of the information collected and reported pursuant to subsections (e) and (f), respectively; and (B) submit recommendations to each of the Secretaries on the use or improvement of evidence-based preventive-screening methods to detect mental illness and suicidal tendencies in school-age youth. (3) Membership The advisory panel shall consist of not more than 20 members, and the members shall represent the following: (A) National or local organizations representing for-profit and nonprofit mental health care treatment facilities. (B) National or local organizations representing mental health care professionals. (C) National or local organizations representing mental health care consumers. (D) National or local organizations representing school-based mental health care professionals. (E) National or local organizations dedicated to school-based health care. (F) National or local organizations representing school administrators. (G) National or local organizations representing school boards and school board members. (H) National or local organizations representing juvenile justice professionals. (I) National or local organizations dedicated to juvenile justice. (J) National or local organizations representing foster care professionals. (K) National or local organizations dedicated to foster care. (L) National or local organizations dedicated to child welfare. (M) Accredited child and adolescent psychiatric programs at national medical colleges and universities. (N) Any other entities or individuals that the Secretaries deem appropriate. (i) Report Not later than 6 months after the end of the 3-year grant period for the last grant made under subsection (a), the Secretaries, in consultation with the Directors and the advisory panel, shall submit to the Congress a report on the grants made under this section. Such report shall be based on the information collected and reported under subsections (e) and (f), respectively, and shall include the evaluation and recommendations of the advisory panel. (j) Definitions In this section: (1) Advisory panel The term advisory panel means the advisory panel convened under subsection (h). (2) Demonstration facility The term demonstration facility means a facility that serves at-risk youth or performs outreach to school-age youth, including any elementary school, secondary school, school-based health center, juvenile justice facility, foster care setting, homeless shelter, youth drop-in center, youth outreach organization, or youth residential treatment center. (3) Directors The term Directors means the Administrator of the Health Resources and Services Administration, the Administrator of the Substance Abuse and Mental Health Services Administration, the Director of the Centers for Disease Control and Prevention, the Director of the Indian Health Service, and the Director of the National Institute of Mental Health. (4) Elementary school; secondary school The terms elementary school and secondary school have the meanings given those terms in section 9101 of the Elementary and Secondary Education Act (20 U.S.C. 7801). (5) Evidence-based preventive-screening method The term evidence-based preventive-screening method means a preventive-screening method that has been shown to be valid and effective through research that is conducted by independent scientific teams, is determined by well-regarded scientists to be of high quality, and meets the quality standards for publication in scientific peer-reviewed journals. (6) School-age youth The term school-age youth means an individual who is 6 to 18 years of age, or who is enrolled in any elementary school or secondary school. (7) Secretaries The term Secretaries means the Secretary of Health and Human Services, the Secretary of Education, and the Attorney General, acting jointly. (k) Authorization of appropriations There are authorized to be appropriated to the Secretaries to carry out this section $3,000,000 for each of fiscal years 2004 through 2006, and such sums as may be necessary thereafter, to remain available until expended.
15,475
107hr1056ih
107
hr
1,056
ih
To provide for a test of tracking XML bills through the legislative process, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HBF8331464D01CC357EAECBB500DF482", "header": "Short title" }, { "text": "2. Findings \nCongress finds that— (1) the failure of many computer programs to recognize the Year 2000 may have extreme negative financial consequences in the Year 2000, and in subsequent years for both large and small businesses; (2) small businesses are well behind larger businesses in implementing corrective changes to their automated systems; (3) many small businesses do not have access to capital to fix mission critical automated systems, which could result in severe financial distress or failure for small businesses; and (4) the failure of a large number of small businesses due to the Year 2000 computer problem would have a highly detrimental effect on the economy in the Year 2000 and in subsequent years.", "id": "HCFE3DBF74070FE12FD532EA634CBBED", "header": "Findings" }, { "text": "3. Year 2000 computer problem loan guarantee program \n(a) Program established \nSection 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: (27) Year 2000 computer problem program \n(A) Definitions \nIn this paragraph— (i) the term eligible lender means any lender designated by the Administration as eligible to participate in the general business loan program under this subsection; and (ii) the term Year 2000 computer problem means, with respect to information technology, and embedded systems, any problem that adversely affects the processing (including calculating, comparing, sequencing, displaying, or storing), transmitting, or receiving of date-dependent data— (I) from, into, or between— (aa) the 20th or 21st centuries; or (bb) the years 1999 and 2000; or (II) with regard to leap year calculations. (B) Establishment of program \nThe Administration shall— (i) establish a loan guarantee program, under which the Administration may, during the period beginning on the date of enactment of this paragraph and ending on January 1, 2001, guarantee loans made by eligible lenders to small business concerns in accordance with this paragraph; and (ii) notify each eligible lender of the establishment of the program under this paragraph, and otherwise take such actions as may be necessary to aggressively market the program under this paragraph. (C) Use of funds \nA small business concern that receives a loan guaranteed under this paragraph shall only use the proceeds of the loan to— (i) address the Year 2000 computer problems of that small business concern, including the repair and acquisition of information technology systems, the purchase and repair of software, the purchase of consulting and other third party services, and related expenses; and (ii) provide relief for a substantial economic injury incurred by the small business concern as a direct result of the Year 2000 computer problems of the small business concern or of any other entity (including any service provider or supplier of the small business concern), if such economic injury has not been compensated for by insurance or otherwise. (D) Loan amounts \n(i) In general \nNotwithstanding paragraph (3)(A) and subject to clause (ii) of this subparagraph, a loan may be made to a borrower under this paragraph even if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund, the business guaranty loan financing account, and the business direct loan financing account would thereby exceed $750,000. (ii) Exception \nA loan may not be made to a borrower under this paragraph if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund, the business guaranty loan financing account, and the business direct loan financing account would thereby exceed $1,000,000. (E) Administration participation \nNotwithstanding paragraph (2)(A), in an agreement to participate in a loan under this paragraph, participation by the Administration shall not exceed— (i) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if the balance exceeds $100,000; (ii) 90 percent of the balance of the financing outstanding at the time of disbursement of the loan, if the balance is less than or equal to $100,000; and (iii) notwithstanding clauses (i) and (ii), in any case in which the subject loan is processed in accordance with the requirements applicable to the SBAExpress Pilot Program, 50 percent of the balance outstanding at the time of disbursement of the loan. (F) Periodic reviews \nThe Inspector General of the Administration shall periodically review a representative sample of loans guaranteed under this paragraph to mitigate the risk of fraud and ensure the safety and soundness of the loan program. (G) Annual report \nThe Administration shall annually submit to the Committees on Small Business of the House of Representatives and the Senate a report on the results of the program carried out under this paragraph during the preceding 12-month period, which shall include information relating to— (i) the total number of loans guaranteed under this paragraph; (ii) with respect to each loan guaranteed under this paragraph— (I) the amount of the loan; (II) the geographic location of the borrower; and (III) whether the loan was made to repair or replace information technology and other automated systems or to remedy an economic injury; and (iii) the total number of eligible lenders participating in the program.. (b) Guidelines \n(1) In general \nNot later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue guidelines to carry out the program under section 7(a)(27) of the Small Business Act, as added by this section. (2) Requirements \nExcept to the extent that it would be inconsistent with this section or section 7(a)(27) of the Small Business Act, as added by this section, the guidelines issued under this subsection shall, with respect to the loan program established under section 7(a)(27) of the Small Business Act, as added by this section— (A) provide maximum flexibility in the establishment of terms and conditions of loans originated under the loan program so that such loans may be structured in a manner that enhances the ability of the applicant to repay the debt; (B) if appropriate to facilitate repayment, establish a moratorium on principal payments under the loan program for up to 1 year beginning on the date of the origination of the loan; (D) authorize an eligible lender (as defined in section 7(a)(27)(A) of the Small Business Act, as added by this section) to process a loan under the loan program in accordance with the requirements applicable to loans originated under another loan program established pursuant to section 7(a) of the Small Business Act (including the general business loan program, the Preferred Lender Program, the Certified Lender Program, the Low Documentation Loan Program, and the SBAExpress Pilot Program), if— (i) the eligible lender is eligible to participate in such other loan program; and (ii) the terms of the loan, including the principal amount of the loan, are consistent with the requirements applicable to loans originated under such other loan program. (c) Repeal \nEffective on December 31, 2000, this section and the amendments made by this section are repealed.", "id": "H63B8271F4D723C05DDE270920453AB4", "header": "Year 2000 computer problem loan guarantee program" } ]
3
1. Short title This Act may be cited as the. 2. Findings Congress finds that— (1) the failure of many computer programs to recognize the Year 2000 may have extreme negative financial consequences in the Year 2000, and in subsequent years for both large and small businesses; (2) small businesses are well behind larger businesses in implementing corrective changes to their automated systems; (3) many small businesses do not have access to capital to fix mission critical automated systems, which could result in severe financial distress or failure for small businesses; and (4) the failure of a large number of small businesses due to the Year 2000 computer problem would have a highly detrimental effect on the economy in the Year 2000 and in subsequent years. 3. Year 2000 computer problem loan guarantee program (a) Program established Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following: (27) Year 2000 computer problem program (A) Definitions In this paragraph— (i) the term eligible lender means any lender designated by the Administration as eligible to participate in the general business loan program under this subsection; and (ii) the term Year 2000 computer problem means, with respect to information technology, and embedded systems, any problem that adversely affects the processing (including calculating, comparing, sequencing, displaying, or storing), transmitting, or receiving of date-dependent data— (I) from, into, or between— (aa) the 20th or 21st centuries; or (bb) the years 1999 and 2000; or (II) with regard to leap year calculations. (B) Establishment of program The Administration shall— (i) establish a loan guarantee program, under which the Administration may, during the period beginning on the date of enactment of this paragraph and ending on January 1, 2001, guarantee loans made by eligible lenders to small business concerns in accordance with this paragraph; and (ii) notify each eligible lender of the establishment of the program under this paragraph, and otherwise take such actions as may be necessary to aggressively market the program under this paragraph. (C) Use of funds A small business concern that receives a loan guaranteed under this paragraph shall only use the proceeds of the loan to— (i) address the Year 2000 computer problems of that small business concern, including the repair and acquisition of information technology systems, the purchase and repair of software, the purchase of consulting and other third party services, and related expenses; and (ii) provide relief for a substantial economic injury incurred by the small business concern as a direct result of the Year 2000 computer problems of the small business concern or of any other entity (including any service provider or supplier of the small business concern), if such economic injury has not been compensated for by insurance or otherwise. (D) Loan amounts (i) In general Notwithstanding paragraph (3)(A) and subject to clause (ii) of this subparagraph, a loan may be made to a borrower under this paragraph even if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund, the business guaranty loan financing account, and the business direct loan financing account would thereby exceed $750,000. (ii) Exception A loan may not be made to a borrower under this paragraph if the total amount outstanding and committed (by participation or otherwise) to the borrower from the business loan and investment fund, the business guaranty loan financing account, and the business direct loan financing account would thereby exceed $1,000,000. (E) Administration participation Notwithstanding paragraph (2)(A), in an agreement to participate in a loan under this paragraph, participation by the Administration shall not exceed— (i) 85 percent of the balance of the financing outstanding at the time of disbursement of the loan, if the balance exceeds $100,000; (ii) 90 percent of the balance of the financing outstanding at the time of disbursement of the loan, if the balance is less than or equal to $100,000; and (iii) notwithstanding clauses (i) and (ii), in any case in which the subject loan is processed in accordance with the requirements applicable to the SBAExpress Pilot Program, 50 percent of the balance outstanding at the time of disbursement of the loan. (F) Periodic reviews The Inspector General of the Administration shall periodically review a representative sample of loans guaranteed under this paragraph to mitigate the risk of fraud and ensure the safety and soundness of the loan program. (G) Annual report The Administration shall annually submit to the Committees on Small Business of the House of Representatives and the Senate a report on the results of the program carried out under this paragraph during the preceding 12-month period, which shall include information relating to— (i) the total number of loans guaranteed under this paragraph; (ii) with respect to each loan guaranteed under this paragraph— (I) the amount of the loan; (II) the geographic location of the borrower; and (III) whether the loan was made to repair or replace information technology and other automated systems or to remedy an economic injury; and (iii) the total number of eligible lenders participating in the program.. (b) Guidelines (1) In general Not later than 30 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue guidelines to carry out the program under section 7(a)(27) of the Small Business Act, as added by this section. (2) Requirements Except to the extent that it would be inconsistent with this section or section 7(a)(27) of the Small Business Act, as added by this section, the guidelines issued under this subsection shall, with respect to the loan program established under section 7(a)(27) of the Small Business Act, as added by this section— (A) provide maximum flexibility in the establishment of terms and conditions of loans originated under the loan program so that such loans may be structured in a manner that enhances the ability of the applicant to repay the debt; (B) if appropriate to facilitate repayment, establish a moratorium on principal payments under the loan program for up to 1 year beginning on the date of the origination of the loan; (D) authorize an eligible lender (as defined in section 7(a)(27)(A) of the Small Business Act, as added by this section) to process a loan under the loan program in accordance with the requirements applicable to loans originated under another loan program established pursuant to section 7(a) of the Small Business Act (including the general business loan program, the Preferred Lender Program, the Certified Lender Program, the Low Documentation Loan Program, and the SBAExpress Pilot Program), if— (i) the eligible lender is eligible to participate in such other loan program; and (ii) the terms of the loan, including the principal amount of the loan, are consistent with the requirements applicable to loans originated under such other loan program. (c) Repeal Effective on December 31, 2000, this section and the amendments made by this section are repealed.
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107hr5435ih
107
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5,435
ih
To establish an Office of Health Care Competition within the Department of Health and Human Services to administer the National Practitioner Data Bank and to collect and make available to the public more information on medical malpractice insurance under that Data Bank
[ { "text": "1. Short title \nThis Act may be cited as the review: Improved Medical Malpractice Information Reporting and Competition Act of 2002.", "id": "HC9DDE786B6B143A785F9511C8465D8E8", "header": "Short title" }, { "text": "2. Establishment of Office of Health Care Competition within the Department of Health and Human Services \n(a) In general \nThere is established within the Department of Health and Human Services an Office to be known as the Office of Health Care Competition Policy (in this section referred to as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary of such Department. (b) Duties \n(1) Responsibility for National Practitioner Data Base \nThe Office shall be responsible for activities of the Secretary under part B of title IV of the Health Care Quality Improvement Act of 1986 (title IV of Public Law 99-660), including the National Practitioner Data Base under such part. (2) Annual report \nThe Director of the Office shall submit a report each year to the Secretary of Health and Human Services on activities conducted under such part.", "id": "H29B6CD6919D74154934B256440898372", "header": "Establishment of Office of Health Care Competition within the Department of Health and Human Services" }, { "text": "3. Changes in National Practitioner Data Base provisions \n(a) Requiring additional reports on medical malpractice insurance and claims \nPart B of title IV of the Health Care Quality Improvement Act of 1986 (title IV of Public Law 99-660) is amended by inserting after section 421 the following new section: 421A. Requiring reports on medical malpractice insurance and claims \n(a) In general \nEach entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims shall report, in accordance with section 424, information respecting such insurance and claims for payment under such policy. Such information shall be in addition to, and may be coordinated with, the information required to be reported under section 421. (b) Information to be reported \nThe information to be reported under subsection (a) by an entity with resepect to a medical malpractice insurance policy includes— (1) the number of such policies of the entity that are in effect (2) the amount of the premiums collected under each such policy, (3) with respect to each medical malpractice action or claim brought under such a policy— (A) a description of the physician, or other licensed health care practitioner or health care provider against whom the action or claim is brought, the insuring entity, and the principal trial (or other) lawyer defending against the action or claim, and (B) the outcome of such action or claim (including settlements and verdicts), (4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and (5) such other information as the Secretary determines is required for appropriate interpretation of information reported under this section. (c) Sanctions for failure to report \nThe provisions of section 421(c) shall apply to information reuqired to reported under this section in the same manner as they apply to the reporting of information on a payment required to be reported under section 421. (d) Coordination of information reporting \nThe Secretary shall provide for the coordination of reporting of information under this section with the reporting of related information under section 421.. (b) Inclusion and availability of information \nSection 427(b) of such Act (42 U.S.C. 11137(b)) is amended by adding at the end the following new paragraph: (4) Availability of public file data \nNotiwithstanding the previous provisions of this subsection, the Secretary shall make available, for free from the website maintained in connection with the data base established to carry out this part, information reported under sections 421 and 421A which does not provide for individually identifiable information.. (c) Effective date \nThe amendments made by this section shall take effect 6 months after the date of the enactment of this Act", "id": "HB64332D571A44D6CBB92D1A6E0769C13", "header": "Changes in National Practitioner Data Base provisions" }, { "text": "421A. Requiring reports on medical malpractice insurance and claims \n(a) In general \nEach entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims shall report, in accordance with section 424, information respecting such insurance and claims for payment under such policy. Such information shall be in addition to, and may be coordinated with, the information required to be reported under section 421. (b) Information to be reported \nThe information to be reported under subsection (a) by an entity with resepect to a medical malpractice insurance policy includes— (1) the number of such policies of the entity that are in effect (2) the amount of the premiums collected under each such policy, (3) with respect to each medical malpractice action or claim brought under such a policy— (A) a description of the physician, or other licensed health care practitioner or health care provider against whom the action or claim is brought, the insuring entity, and the principal trial (or other) lawyer defending against the action or claim, and (B) the outcome of such action or claim (including settlements and verdicts), (4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and (5) such other information as the Secretary determines is required for appropriate interpretation of information reported under this section. (c) Sanctions for failure to report \nThe provisions of section 421(c) shall apply to information reuqired to reported under this section in the same manner as they apply to the reporting of information on a payment required to be reported under section 421. (d) Coordination of information reporting \nThe Secretary shall provide for the coordination of reporting of information under this section with the reporting of related information under section 421.", "id": "H0F2481720A1249D2B91BD812489946BB", "header": "Requiring reports on medical malpractice insurance and claims" } ]
4
1. Short title This Act may be cited as the review: Improved Medical Malpractice Information Reporting and Competition Act of 2002. 2. Establishment of Office of Health Care Competition within the Department of Health and Human Services (a) In general There is established within the Department of Health and Human Services an Office to be known as the Office of Health Care Competition Policy (in this section referred to as the Office ). The Office shall be headed by a Director, who shall be appointed by the Secretary of such Department. (b) Duties (1) Responsibility for National Practitioner Data Base The Office shall be responsible for activities of the Secretary under part B of title IV of the Health Care Quality Improvement Act of 1986 (title IV of Public Law 99-660), including the National Practitioner Data Base under such part. (2) Annual report The Director of the Office shall submit a report each year to the Secretary of Health and Human Services on activities conducted under such part. 3. Changes in National Practitioner Data Base provisions (a) Requiring additional reports on medical malpractice insurance and claims Part B of title IV of the Health Care Quality Improvement Act of 1986 (title IV of Public Law 99-660) is amended by inserting after section 421 the following new section: 421A. Requiring reports on medical malpractice insurance and claims (a) In general Each entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims shall report, in accordance with section 424, information respecting such insurance and claims for payment under such policy. Such information shall be in addition to, and may be coordinated with, the information required to be reported under section 421. (b) Information to be reported The information to be reported under subsection (a) by an entity with resepect to a medical malpractice insurance policy includes— (1) the number of such policies of the entity that are in effect (2) the amount of the premiums collected under each such policy, (3) with respect to each medical malpractice action or claim brought under such a policy— (A) a description of the physician, or other licensed health care practitioner or health care provider against whom the action or claim is brought, the insuring entity, and the principal trial (or other) lawyer defending against the action or claim, and (B) the outcome of such action or claim (including settlements and verdicts), (4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and (5) such other information as the Secretary determines is required for appropriate interpretation of information reported under this section. (c) Sanctions for failure to report The provisions of section 421(c) shall apply to information reuqired to reported under this section in the same manner as they apply to the reporting of information on a payment required to be reported under section 421. (d) Coordination of information reporting The Secretary shall provide for the coordination of reporting of information under this section with the reporting of related information under section 421.. (b) Inclusion and availability of information Section 427(b) of such Act (42 U.S.C. 11137(b)) is amended by adding at the end the following new paragraph: (4) Availability of public file data Notiwithstanding the previous provisions of this subsection, the Secretary shall make available, for free from the website maintained in connection with the data base established to carry out this part, information reported under sections 421 and 421A which does not provide for individually identifiable information.. (c) Effective date The amendments made by this section shall take effect 6 months after the date of the enactment of this Act 421A. Requiring reports on medical malpractice insurance and claims (a) In general Each entity (including an insurance company) which underwrites a policy of insurance for medical malpractice actions or claims shall report, in accordance with section 424, information respecting such insurance and claims for payment under such policy. Such information shall be in addition to, and may be coordinated with, the information required to be reported under section 421. (b) Information to be reported The information to be reported under subsection (a) by an entity with resepect to a medical malpractice insurance policy includes— (1) the number of such policies of the entity that are in effect (2) the amount of the premiums collected under each such policy, (3) with respect to each medical malpractice action or claim brought under such a policy— (A) a description of the physician, or other licensed health care practitioner or health care provider against whom the action or claim is brought, the insuring entity, and the principal trial (or other) lawyer defending against the action or claim, and (B) the outcome of such action or claim (including settlements and verdicts), (4) a description of the acts or omissions and injuries or illnesses upon which the action or claim was based, and (5) such other information as the Secretary determines is required for appropriate interpretation of information reported under this section. (c) Sanctions for failure to report The provisions of section 421(c) shall apply to information reuqired to reported under this section in the same manner as they apply to the reporting of information on a payment required to be reported under section 421. (d) Coordination of information reporting The Secretary shall provide for the coordination of reporting of information under this section with the reporting of related information under section 421.
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107
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5,689
ih
To authorize the appropriation of $1,000,000 for a contribution to the World Intellectual Property Organization for projects intended to promote the integration of developing countries into the global intellectual property system.
[ { "text": "1. Authorization of funds for WIPO for projects in developing countries \n(a) Authorization of appropriations \nIn order to fulfill the obligations of the United States under Article 67 of the TRIPs Agreement, there is authorized to be appropriated to the President $1,000,000 for a voluntary contribution by the United States to the World Intellectual Property Organization, in addition to any other amounts available for contributions to that organization, for projects directed by the United States to carry out the purpose set forth in subsection (b). (b) Purpose of projects \nThe purpose of the projects referred to in subsection (a) is to promote the integration of developing countries into the global intellectual property system by assisting those countries in developing sustainable legislative business and legal practices and protocols to carry out the TRIPs Agreement that promote economic growth and development through knowledge-based industries. (c) Definition \nIn this section, the term TRIPs Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act.", "id": "HC8C966696E034FF5B2A9C0E0C02DA039", "header": "Authorization of funds for WIPO for projects in developing countries" } ]
1
1. Authorization of funds for WIPO for projects in developing countries (a) Authorization of appropriations In order to fulfill the obligations of the United States under Article 67 of the TRIPs Agreement, there is authorized to be appropriated to the President $1,000,000 for a voluntary contribution by the United States to the World Intellectual Property Organization, in addition to any other amounts available for contributions to that organization, for projects directed by the United States to carry out the purpose set forth in subsection (b). (b) Purpose of projects The purpose of the projects referred to in subsection (a) is to promote the integration of developing countries into the global intellectual property system by assisting those countries in developing sustainable legislative business and legal practices and protocols to carry out the TRIPs Agreement that promote economic growth and development through knowledge-based industries. (c) Definition In this section, the term TRIPs Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act.
1,165
107hr5547ih
107
hr
5,547
ih
To direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Taunton, Massachusetts Special Resources Study Act.", "id": "HC91426E601DA46E299EB513578F3BC9D", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) The city of Taunton, Massachusetts, is home to 9 distinct historic districts, with more than 600 properties on the National Register of Historic Places. Included among these districts are the Church Green Historic District, the Courthouse Historic District, the Taunton Green Historic District, and the Reed and Barton Historic District. (2) All of these districts include buildings and building facades of great historical, cultural, and architectural value. (3) Taunton Green is the site where the Sons of Liberty first raised the Liberty and Union Flag in 1774, an event that helped to spark a popular movement, culminating in the American Revolution, and Taunton citizens have been among the first to volunteer for America's subsequent wars. (4) Robert Treat Paine, a citizen of Taunton, and the first Attorney General of Massachusetts, was a signer of the Declaration of Independence. (5) Taunton was a leading community in the Industrial Revolution, and its industrial area has been the site of many innovations in such industries as silver manufacture, paper manufacture, and ship building. (6) The landscaping of the Courthouse Green was designed by Frederick Law Olmsted, who also left landscaping ideas and plans for other areas in the city which have great value and interest as historical archives and objects of future study. (7) Main Street, which connects many of the historic districts, is home to the Taunton City Hall and the Leonard Block building, 2 outstanding examples of early 19th Century American architecture, as well as many other historically and architecturally significant structures. (8) The city and people of Taunton have preserved many artifacts, gravesites, and important documents dating back to 1638 when Taunton was founded. (9) Taunton was and continues to be an important destination for immigrants from Europe and other parts of the world who have helped to give Southeastern Massachusetts its unique ethnic character.", "id": "HA4E53E8F64FD477CBD5EE9ED8C3C04", "header": "Findings" }, { "text": "3. Study \nThe Secretary, in consultation with the appropriate State historic preservation officers, State historical societies, the city of Taunton, and other appropriate organizations, shall conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System. The study shall be conducted and completed in accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) and shall include analysis, documentation, and determinations regarding whether the historic areas in Taunton— (1) can be managed, curated, interpreted, restored, preserved, and presented as an organic whole under management by the National Park Service or under an alternative management structure; (2) have an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use; (3) reflect traditions, customs, beliefs, and historical events that are valuable parts of the national story; (4) provide outstanding opportunities to conserve natural, historic, cultural, architectural, or scenic features; (5) provide outstanding recreational and educational opportunities; and (6) can be managed by the National Park Service in partnership with residents, business interests, nonprofit organizations, and State and local governments to develop a unit of the National Park System consistent with State and local economic activity.", "id": "HB4AD2DF12AC241D9A23E94C0C8574830", "header": "Study" }, { "text": "4. Report \nNot later than 3 fiscal years after the date on which funds are first made available for this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study required under section 3.", "id": "H4DE397299054448DA7C0EF75FBF5CC45", "header": "Report" }, { "text": "5. Authorization of appropriations \nThere is authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.", "id": "H125D6877C3B1426D9F1248A66BA793A8", "header": "Authorization of appropriations" } ]
5
1. Short title This Act may be cited as the Taunton, Massachusetts Special Resources Study Act. 2. Findings Congress finds the following: (1) The city of Taunton, Massachusetts, is home to 9 distinct historic districts, with more than 600 properties on the National Register of Historic Places. Included among these districts are the Church Green Historic District, the Courthouse Historic District, the Taunton Green Historic District, and the Reed and Barton Historic District. (2) All of these districts include buildings and building facades of great historical, cultural, and architectural value. (3) Taunton Green is the site where the Sons of Liberty first raised the Liberty and Union Flag in 1774, an event that helped to spark a popular movement, culminating in the American Revolution, and Taunton citizens have been among the first to volunteer for America's subsequent wars. (4) Robert Treat Paine, a citizen of Taunton, and the first Attorney General of Massachusetts, was a signer of the Declaration of Independence. (5) Taunton was a leading community in the Industrial Revolution, and its industrial area has been the site of many innovations in such industries as silver manufacture, paper manufacture, and ship building. (6) The landscaping of the Courthouse Green was designed by Frederick Law Olmsted, who also left landscaping ideas and plans for other areas in the city which have great value and interest as historical archives and objects of future study. (7) Main Street, which connects many of the historic districts, is home to the Taunton City Hall and the Leonard Block building, 2 outstanding examples of early 19th Century American architecture, as well as many other historically and architecturally significant structures. (8) The city and people of Taunton have preserved many artifacts, gravesites, and important documents dating back to 1638 when Taunton was founded. (9) Taunton was and continues to be an important destination for immigrants from Europe and other parts of the world who have helped to give Southeastern Massachusetts its unique ethnic character. 3. Study The Secretary, in consultation with the appropriate State historic preservation officers, State historical societies, the city of Taunton, and other appropriate organizations, shall conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System. The study shall be conducted and completed in accordance with section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) and shall include analysis, documentation, and determinations regarding whether the historic areas in Taunton— (1) can be managed, curated, interpreted, restored, preserved, and presented as an organic whole under management by the National Park Service or under an alternative management structure; (2) have an assemblage of natural, historic, and cultural resources that together represent distinctive aspects of American heritage worthy of recognition, conservation, interpretation, and continuing use; (3) reflect traditions, customs, beliefs, and historical events that are valuable parts of the national story; (4) provide outstanding opportunities to conserve natural, historic, cultural, architectural, or scenic features; (5) provide outstanding recreational and educational opportunities; and (6) can be managed by the National Park Service in partnership with residents, business interests, nonprofit organizations, and State and local governments to develop a unit of the National Park System consistent with State and local economic activity. 4. Report Not later than 3 fiscal years after the date on which funds are first made available for this Act, the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on the findings, conclusions, and recommendations of the study required under section 3. 5. Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act.
4,166
107hr5694ih
107
hr
5,694
ih
null
[]
0
0
107hr1001ih
107
hr
1,001
ih
To create a bill to send to GPO for testing purposes.
[ { "text": "1. Short title \nThis Act may be cited as the of 2002.", "id": "H351F3CBB40BA9853BE9348AD8ED032D", "header": "Short title" }, { "text": "2. Repeal of 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in general fund \n(a) Taxes on trains \n(1) In general \nSubparagraph (A) of section 4041(a)(1) of the Internal Revenue Code of 1986 is amended by striking or a diesel-powered train each place it appears and by striking or train. (2) Conforming amendments \n(A) Subparagraph (C) of section 4041(a)(1) of such Code is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (B) Subparagraph (C) of section 4041(b)(1) of such Code is amended by striking all that follows section 6421(e)(2) and inserting a period. (C) Subsection (d) of section 4041 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Diesel fuel used in trains \nThere is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)— (A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or (B) used by any person as a fuel in a diesel-powered train unless there was a taxable sale of such fuel under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081. (D) Subsection (e) of section 4082 of such Code is amended by striking section 4041(a)(1) and inserting subsections (d)(3) and (a)(1) of section 4041, respectively. (E) Paragraph (3) of section 4083(a) of such Code is amended by striking or a diesel-powered train. (F) Paragraph (3) of section 6421(f) of such Code is amended to read as follows: (3) Gasoline used in trains \nIn the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081. (G) Paragraph (3) of section 6427(l) of such Code is amended to read as follows: (3) Refund of certain taxes on fuel used in diesel-powered trains \nFor purposes of this subsection, the term nontaxable use includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof. (b) Fuel used on inland waterways \n(1) In general \nParagraph (1) of section 4042(b) of such Code is amended by adding and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Conforming amendment \nParagraph (2) of section 4042(b) of such Code is amended by striking subparagraph (C).", "id": "H6827BC7A4D352C87CB19C2BBBA3FBEB", "header": "Repeal of 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in general fund" } ]
2
1. Short title This Act may be cited as the of 2002. 2. Repeal of 4.3-cent motor fuel excise taxes on railroads and inland waterway transportation which remain in general fund (a) Taxes on trains (1) In general Subparagraph (A) of section 4041(a)(1) of the Internal Revenue Code of 1986 is amended by striking or a diesel-powered train each place it appears and by striking or train. (2) Conforming amendments (A) Subparagraph (C) of section 4041(a)(1) of such Code is amended by striking clause (ii) and by redesignating clause (iii) as clause (ii). (B) Subparagraph (C) of section 4041(b)(1) of such Code is amended by striking all that follows section 6421(e)(2) and inserting a period. (C) Subsection (d) of section 4041 of such Code is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: (3) Diesel fuel used in trains There is hereby imposed a tax of 0.1 cent per gallon on any liquid other than gasoline (as defined in section 4083)— (A) sold by any person to an owner, lessee, or other operator of a diesel-powered train for use as a fuel in such train, or (B) used by any person as a fuel in a diesel-powered train unless there was a taxable sale of such fuel under subparagraph (A). No tax shall be imposed by this paragraph on the sale or use of any liquid if tax was imposed on such liquid under section 4081. (D) Subsection (e) of section 4082 of such Code is amended by striking section 4041(a)(1) and inserting subsections (d)(3) and (a)(1) of section 4041, respectively. (E) Paragraph (3) of section 4083(a) of such Code is amended by striking or a diesel-powered train. (F) Paragraph (3) of section 6421(f) of such Code is amended to read as follows: (3) Gasoline used in trains In the case of gasoline used as a fuel in a train, this section shall not apply with respect to the Leaking Underground Storage Tank Trust Fund financing rate under section 4081. (G) Paragraph (3) of section 6427(l) of such Code is amended to read as follows: (3) Refund of certain taxes on fuel used in diesel-powered trains For purposes of this subsection, the term nontaxable use includes fuel used in a diesel-powered train. The preceding sentence shall not apply to the tax imposed by section 4041(d) and the Leaking Underground Storage Tank Trust Fund financing rate under section 4081 except with respect to fuel sold for exclusive use by a State or any political subdivision thereof. (b) Fuel used on inland waterways (1) In general Paragraph (1) of section 4042(b) of such Code is amended by adding and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (2) Conforming amendment Paragraph (2) of section 4042(b) of such Code is amended by striking subparagraph (C).
2,839
107hr5517ih
107
hr
5,517
ih
To provide for the conveyance of the reversionary interest of the United States in certain lands to the Clint Independent School District, El Paso County, Texas.
[ { "text": "1. Conveyance of property \n(a) Conveyance \nSubject to section 2, the Secretary of State shall execute and file in the appropriate office such instrument as may be necessary to release the reversionary interest of the United States in the land referred to in subsection (b). (b) Land Described \nThe land described in this subsection consists of Tracts 4-B, 5, and 7, Block 14, San Elizario Grant, County of El Paso, State of Texas.", "id": "HE1D52026AEC042AEAA4BA6C404CEA641", "header": "Conveyance of property" }, { "text": "2. Terms and conditions \nThe release under section 1 shall be made upon condition that the Clint Independent School District in the County of El Paso, State of Texas, use any proceeds received from the disposal of such land for public educational purposes.", "id": "HD3E4B64D1436461796F1E312F9F51F14", "header": "Terms and conditions" } ]
2
1. Conveyance of property (a) Conveyance Subject to section 2, the Secretary of State shall execute and file in the appropriate office such instrument as may be necessary to release the reversionary interest of the United States in the land referred to in subsection (b). (b) Land Described The land described in this subsection consists of Tracts 4-B, 5, and 7, Block 14, San Elizario Grant, County of El Paso, State of Texas. 2. Terms and conditions The release under section 1 shall be made upon condition that the Clint Independent School District in the County of El Paso, State of Texas, use any proceeds received from the disposal of such land for public educational purposes.
687
107hr5657ih
107
hr
5,657
ih
To provide for availability of contact lens prescriptions to patients, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Fairness to Contact Lens Consumers Act.", "id": "H7102C36A7577472C964FE1A867DDBE78", "header": "Short title" }, { "text": "2. Availability of contact lens prescriptions to patients \n(a) In general \nUpon completion of a contact lens fitting, a prescriber— (1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and (2) shall provide the contact lens prescription or verify the contact lens prescription to any person designated to act on behalf of the patient. (b) Limitations \nA prescriber may not— (1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription or verification of a prescription under subsection (a); and (2) require payment in addition to the examination fee as a condition of providing a copy of a prescription or verification of a prescription under subsection (a).", "id": "H2B74A3E1077F40D2BD51B9B959ED6F00", "header": "Availability of contact lens prescriptions to patients" }, { "text": "3. Expiration of contact lens prescriptions \nA contact lens prescription shall expire— (1) on the date specified by the law of the State involved, if that date is one year or more after the date of completion of the contact lens fitting; (2) one year after the date of completion of the contact lens fitting, if the law of the State involved has no specified date or if such State law specifies a date that is less than one year after the date of completion of the contact lens fitting; or (3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient.", "id": "H659DFF9D7A114A7CB404E0257CAB7767", "header": "Expiration of contact lens prescriptions" }, { "text": "4. Content of advertisements and other representations \nAny person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses for which a prescription is required by law may be obtained without a prescription.", "id": "H5A1B24857A06481AADF998AED75921AC", "header": "Content of advertisements and other representations" }, { "text": "5. Prohibition of certain waivers \nA prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination or the accuracy of the contact lenses dispensed by another seller.", "id": "H2919BE3261B94C54A11EDF04B0A72C8E", "header": "Prohibition of certain waivers" }, { "text": "6. Violations \nAny violation of this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices.", "id": "H6D530BA1A1C9480BB34E397D349D1E44", "header": "Violations" }, { "text": "7. Actions by States \n(a) In general \n(1) Civil actions \nIn any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this Act; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice \n(A) In general \nBefore filing an action under paragraph (1), the attorney general of the State involved shall provide to the Federal Trade Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption \nSubparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention \n(1) In general \nOn receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention \nIf the Commission intervenes in an action under subsection (a), it shall have the right— (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction \nFor purposes of bringing any civil action under subsection (a), nothing in this section shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the commission \nIn any case in which an action is instituted by or on behalf of the Commission for a violation of this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action. (e) Venue \nAny action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (f) Service of process \nIn an action brought under subsection (a), process may be served in any district in which the defendant— (1) is an inhabitant; or (2) may be found.", "id": "H2CDC90A680104B69B825E7C478B8BBFD", "header": "Actions by States" }, { "text": "8. Study and report \n(a) Study \nThe Federal Trade Commission shall undertake a study to examine the strength of competition in the sale of prescription contact lenses. The study shall include an examination of the following issues: (1) The States that have laws that require active or passive verification for the sale of contact lenses. (2) With respect to the States that require active verification, the practices of prescribers in complying with State law, the effect of noncompliance, and the harm to competition and consumers that results from noncompliance. (3) With respect to the States that require active verification, the level of enforcement and any problems relating to enforcement. (4) The impact on competition of verification standards adopted by retail sellers of prescription contact lenses. (5) With respect to States that require passive verification or have no applicable verification laws, the possible effect of such laws or lack thereof on the ocular health of patients. In addition, the effect of such laws or lack thereof on compliance by sellers in confirming valid contact lens prescriptions, including expiration dates. The Commission shall consult the Food and Drug Administration on this particular issue. (6) The incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition. (7) Any other issue that has an impact on competition in the sale of prescription contact lenses. (b) Report \nNot later than 9 months after the date of the enactment of this Act, the Chairman of the Federal Trade Commission shall submit to the Congress a report of the study required by subsection (a).", "id": "H43025FA5E2934EFD9347735E98D32B67", "header": " Study and report" }, { "text": "9. Effect on other law \nExcept as provided in section 3, this Act does not affect any rule or requirement administered by the Food and Drug Administration, any State law that regulates the practice of medicine, persons authorized to fit contact lenses, or the requirements of any contact lens prescription.", "id": "HDED36A7958244B44ABD32DA5920AC4D", "header": "Effect on other law" }, { "text": "10. Definitions \nAs used in this Act: (1) Contact lens fitting \nThe term contact lens fitting means the process that begins after the initial eye examination and ends when the prescriber is satisfied that a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include— (A) an examination to determine lens specifications; (B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and (C) medically necessary followup examinations. (2) Prescriber \nThe term prescriber means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration. (3) Contact Lens Prescription \nThe term contact lens prescription means a prescription, issued in accordance with State and Federal law, that contains the specifications necessary for a patient to obtain contact lenses and may include such items as the following: (A) The name of the patient. (B) The date of the examination. (C) The issue date and the expiration date of the prescription. (D) A clear notation contact lenses are suitable for the patient. (E) The parameters and instructions that are necessary for manufacture and duplication of the lenses. (F) The name, postal address, telephone number, and facsimile telephone number of the prescriber. (G) The expiration date of the prescription.", "id": "H42B356DD7ECB4EBEB68495363E477230", "header": "Definitions" }, { "text": "11. Effective date \nThis Act shall take effect 30 days after the date of the enactment of this Act.", "id": "HBA013B783B20495195F23D8C05FD2C31", "header": "Effective date" } ]
11
1. Short title This Act may be cited as the Fairness to Contact Lens Consumers Act. 2. Availability of contact lens prescriptions to patients (a) In general Upon completion of a contact lens fitting, a prescriber— (1) whether or not requested by the patient, shall provide to the patient a copy of the contact lens prescription; and (2) shall provide the contact lens prescription or verify the contact lens prescription to any person designated to act on behalf of the patient. (b) Limitations A prescriber may not— (1) require purchase of contact lenses from the prescriber or from another person as a condition of providing a copy of a prescription or verification of a prescription under subsection (a); and (2) require payment in addition to the examination fee as a condition of providing a copy of a prescription or verification of a prescription under subsection (a). 3. Expiration of contact lens prescriptions A contact lens prescription shall expire— (1) on the date specified by the law of the State involved, if that date is one year or more after the date of completion of the contact lens fitting; (2) one year after the date of completion of the contact lens fitting, if the law of the State involved has no specified date or if such State law specifies a date that is less than one year after the date of completion of the contact lens fitting; or (3) notwithstanding paragraphs (1) and (2), on the date specified by the prescriber, if that date is based on the medical judgment of the prescriber with respect to the ocular health of the patient. 4. Content of advertisements and other representations Any person that engages in the manufacture, processing, assembly, sale, offering for sale, or distribution of contact lenses may not represent, by advertisement, sales presentation, or otherwise, that contact lenses for which a prescription is required by law may be obtained without a prescription. 5. Prohibition of certain waivers A prescriber may not place on the prescription, or require the patient to sign, or deliver to the patient a form or notice waiving or disclaiming the liability or responsibility of the prescriber for the accuracy of the eye examination or the accuracy of the contact lenses dispensed by another seller. 6. Violations Any violation of this Act shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a) regarding unfair or deceptive acts or practices. 7. Actions by States (a) In general (1) Civil actions In any case in which the attorney general of a State has reason to believe that an interest of the residents of that State has been or is threatened or adversely affected by a violation of this Act, the State may bring a civil action on behalf of the residents of the State in a district court of the United States of appropriate jurisdiction to— (A) enjoin that practice; (B) enforce compliance with this Act; (C) obtain damage, restitution, or other compensation on behalf of residents of the State; or (D) obtain such other relief as the court may consider to be appropriate. (2) Notice (A) In general Before filing an action under paragraph (1), the attorney general of the State involved shall provide to the Federal Trade Commission— (i) written notice of that action; and (ii) a copy of the complaint for that action. (B) Exemption Subparagraph (A) shall not apply with respect to the filing of an action by an attorney general of a State under this subsection, if the attorney general determines that it is not feasible to provide the notice described in that subparagraph before filing of the action. In such case, the attorney general of a State shall provide notice and a copy of the complaint to the Commission at the same time as the attorney general files the action. (b) Intervention (1) In general On receiving notice under subsection (a)(2), the Commission shall have the right to intervene in the action that is the subject of the notice. (2) Effect of intervention If the Commission intervenes in an action under subsection (a), it shall have the right— (A) to be heard with respect to any matter that arises in that action; and (B) to file a petition for appeal. (c) Construction For purposes of bringing any civil action under subsection (a), nothing in this section shall be construed to prevent an attorney general of a State from exercising the powers conferred on the attorney general by the laws of that State to— (1) conduct investigations; (2) administer oaths or affirmations; or (3) compel the attendance of witnesses or the production of documentary and other evidence. (d) Actions by the commission In any case in which an action is instituted by or on behalf of the Commission for a violation of this Act, no State may, during the pendency of that action, institute an action under subsection (a) against any defendant named in the complaint in that action. (e) Venue Any action brought under subsection (a) may be brought in the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code. (f) Service of process In an action brought under subsection (a), process may be served in any district in which the defendant— (1) is an inhabitant; or (2) may be found. 8. Study and report (a) Study The Federal Trade Commission shall undertake a study to examine the strength of competition in the sale of prescription contact lenses. The study shall include an examination of the following issues: (1) The States that have laws that require active or passive verification for the sale of contact lenses. (2) With respect to the States that require active verification, the practices of prescribers in complying with State law, the effect of noncompliance, and the harm to competition and consumers that results from noncompliance. (3) With respect to the States that require active verification, the level of enforcement and any problems relating to enforcement. (4) The impact on competition of verification standards adopted by retail sellers of prescription contact lenses. (5) With respect to States that require passive verification or have no applicable verification laws, the possible effect of such laws or lack thereof on the ocular health of patients. In addition, the effect of such laws or lack thereof on compliance by sellers in confirming valid contact lens prescriptions, including expiration dates. The Commission shall consult the Food and Drug Administration on this particular issue. (6) The incidence, if any, of contact lens prescriptions that specify brand name or custom labeled contact lenses, the reasons for the incidence, and the effect on consumers and competition. (7) Any other issue that has an impact on competition in the sale of prescription contact lenses. (b) Report Not later than 9 months after the date of the enactment of this Act, the Chairman of the Federal Trade Commission shall submit to the Congress a report of the study required by subsection (a). 9. Effect on other law Except as provided in section 3, this Act does not affect any rule or requirement administered by the Food and Drug Administration, any State law that regulates the practice of medicine, persons authorized to fit contact lenses, or the requirements of any contact lens prescription. 10. Definitions As used in this Act: (1) Contact lens fitting The term contact lens fitting means the process that begins after the initial eye examination and ends when the prescriber is satisfied that a successful fit has been achieved or, in the case of a renewal prescription, ends when the prescriber determines that no change in prescription is required, and such term may include— (A) an examination to determine lens specifications; (B) except in the case of a renewal of a prescription, an initial evaluation of the fit of the lens on the eye; and (C) medically necessary followup examinations. (2) Prescriber The term prescriber means, with respect to contact lens prescriptions, an ophthalmologist, optometrist, or other person permitted under State law to issue prescriptions for contact lenses in compliance with any applicable requirements established by the Food and Drug Administration. (3) Contact Lens Prescription The term contact lens prescription means a prescription, issued in accordance with State and Federal law, that contains the specifications necessary for a patient to obtain contact lenses and may include such items as the following: (A) The name of the patient. (B) The date of the examination. (C) The issue date and the expiration date of the prescription. (D) A clear notation contact lenses are suitable for the patient. (E) The parameters and instructions that are necessary for manufacture and duplication of the lenses. (F) The name, postal address, telephone number, and facsimile telephone number of the prescriber. (G) The expiration date of the prescription. 11. Effective date This Act shall take effect 30 days after the date of the enactment of this Act.
9,051
107hr5643ih
107
hr
5,643
ih
To designate the United States Courthouse to be constructed in Jackson, Mississippi, as the R. Jess Brown United States Courthouse.
[ { "text": "1. Designation \nThe United States Courthouse to be constructed at the site bounded on the north by Court Street, on the west by West Street, on the south by South Street, and on the east by President Street in Jackson, Mississippi, shall be known and designated as the R. Jess Brown United States Courthouse.", "id": "H19DD8BBEC21149B693008471DECCF1AE", "header": "Designation" }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the courthouse referred to in section 1 shall be deemed to be a reference to the R. Jess Brown United States Courthouse.", "id": "H61602D0EAE734E288800E02D3F6503DA", "header": "References" } ]
2
1. Designation The United States Courthouse to be constructed at the site bounded on the north by Court Street, on the west by West Street, on the south by South Street, and on the east by President Street in Jackson, Mississippi, shall be known and designated as the R. Jess Brown United States Courthouse. 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the courthouse referred to in section 1 shall be deemed to be a reference to the R. Jess Brown United States Courthouse.
542
107hr5604ih
107
hr
5,604
ih
To designate the Federal building and United States courthouse located at 46 East Ohio Street in Indianapolis, Indiana, as the Birch Bayh Federal Building and United States Courthouse.
[ { "text": "1. Designation \nThe Federal building and United States courthouse located at 46 East Ohio Street in Indianapolis, Indiana, shall be known and designated as the Birch Bayh Federal Building and United States Courthouse.", "id": "H087311BBFE754BF38B4E439BE201A518", "header": "Designation" }, { "text": "2. References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and United States courthouse referred to in section 1 shall be deemed to be a reference to the Birch Bayh Federal Building and United States Courthouse.", "id": "H498B06D5DF664966A844FE5ED900E568", "header": "References" } ]
2
1. Designation The Federal building and United States courthouse located at 46 East Ohio Street in Indianapolis, Indiana, shall be known and designated as the Birch Bayh Federal Building and United States Courthouse. 2. References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and United States courthouse referred to in section 1 shall be deemed to be a reference to the Birch Bayh Federal Building and United States Courthouse.
504
107hr5765ih
107
hr
5,765
ih
To promote global efforts to protect biological diversity by protecting the Tongass Rain Forest in the Tongass National Forest, to designate the Duke Island Trumpeter Swan Wilderness Area, and for other purposes.
[ { "text": "1. Short title and findings \n(a) Short title \nThis Act may be cited as the. (b) Findings \nCongress finds the following: (1) Rain forests constitute a unique reserve of biological resources. (2) Biological diversity depends on protecting the habitats of animal and plant species in rain forests around the world. (3) United States leadership in urging other countries to protect tropical rain forests is undermined by Federal Government policies that subsidize the destruction of publicly owned pristine temperate rain forests in the United States. (4) The Tongass National Forest in Alaska is the largest temperate rain forest in the United States. (5) The protection of pristine and old-growth forests in the Tongass National Forest will help conserve biological diversity and enhance the credibility of United States’ efforts to conserve biological diversity globally. (6) Islands constitute unique ecosystems with special biological resources and should be afforded special protections.", "id": "H8A107CC86373413FB211DB47F4D5DCBE", "header": "Short title and findings" }, { "text": "2. Definitions \nIn this Act: (1) Roadless area \nThe term roadless area means— (A) an area identified in the set of inventoried roadless area maps contained in the document entitled Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2 and dated November 2000, which is on file at the national headquarters office of the Forest Service, or any subsequent update or revision of such maps; or (B) an area of more than 1,000 contiguous acres that does not contain a road. (2) Inholding \nThe term inholding means any land that is not in Federal ownership in the Tongass National Forest, but that is surrounded by land in Federal ownership in the Tongass National Forest. (3) Secretary \nThe term Secretary means the Secretary of Agriculture.", "id": "H7238B53EC6114EEA90879B72AAC0641D", "header": "Definitions" }, { "text": "3. Tongass Rainforest Nature Preserve \n(a) Designation \nAll roadless areas in the Tongass National Forest, Alaska, including Duke Island, are designated as the Tongass Rainforest Nature Preserve. (b) Protection \nWithin the Tongass Rainforest Nature Preserve, native animal and plant species, including grizzly bears, brown bears, sea lions, seals, trumpeter swans, wolves, wolverines, sea otters, river otters, beavers, moose, Queen Charlotte goshawks, Peale's Peregrine Falcons, snowy owls, and bald eagles, shall be protected in perpetuity in their natural and wild state. No activity that disturbs native animal and plant species or their habitats shall be allowed in the Tongass Rainforest Nature Preserve. (c) Prohibited activities \nActivities that are prohibited under this section include the following: (1) Construction of roads. (2) Mining or extraction of minerals. (3) Construction of any structure. (4) Use of any mechanized vehicle or equipment. (5) Logging or cutting of trees.", "id": "HEC68D389B5274B08B94E4B9DE13C8568", "header": "Tongass Rainforest Nature Preserve" }, { "text": "4. Duke Island Trumpeter Swan Wilderness Area \n(a) FINDINGS. -Congress finds the following: (1) Duke Island, Alaska, provides habitat for Sitka black tailed deer, Peale's Peregrine falcon, Queen Charlotte goshawk, black bear, trumpeter swan, and the stellar sea lion. (2) Duke Island contains special natural and scenic qualities that should be preserved in perpetuity. (b) Designation of wilderness area \nIn accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), all of Duke Island and the Duke Inventoried Roadless Area, comprising approximately 46,100 acres, are designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the Duke Island Trumpeter Swan Wilderness Area..", "id": "H6D29ADE7743649FEB0E16E9DDC937FD2", "header": " Duke Island Trumpeter Swan Wilderness Area" }, { "text": "5. Acquisition of inholdings \n(a) In general \nThe Secretary may acquire, by gift, bequest, or purchase from willing sellers, inholdings in the Tongass National Forest. (b) Use of eminent domain \nIn the case of an inholding in the Tongass National Forest that the Secretary finds is of exceptional importance for biological or scenic reasons, the Secretary may acquire such inholding through eminent domain. The owner of the inholding so acquired shall receive compensation equal to the full fair market value of the inholding.", "id": "HB1093502233748D200F8FBD90215900", "header": "Acquisition of inholdings" } ]
5
1. Short title and findings (a) Short title This Act may be cited as the. (b) Findings Congress finds the following: (1) Rain forests constitute a unique reserve of biological resources. (2) Biological diversity depends on protecting the habitats of animal and plant species in rain forests around the world. (3) United States leadership in urging other countries to protect tropical rain forests is undermined by Federal Government policies that subsidize the destruction of publicly owned pristine temperate rain forests in the United States. (4) The Tongass National Forest in Alaska is the largest temperate rain forest in the United States. (5) The protection of pristine and old-growth forests in the Tongass National Forest will help conserve biological diversity and enhance the credibility of United States’ efforts to conserve biological diversity globally. (6) Islands constitute unique ecosystems with special biological resources and should be afforded special protections. 2. Definitions In this Act: (1) Roadless area The term roadless area means— (A) an area identified in the set of inventoried roadless area maps contained in the document entitled Forest Service Roadless Area Conservation, Final Environmental Impact Statement, Volume 2 and dated November 2000, which is on file at the national headquarters office of the Forest Service, or any subsequent update or revision of such maps; or (B) an area of more than 1,000 contiguous acres that does not contain a road. (2) Inholding The term inholding means any land that is not in Federal ownership in the Tongass National Forest, but that is surrounded by land in Federal ownership in the Tongass National Forest. (3) Secretary The term Secretary means the Secretary of Agriculture. 3. Tongass Rainforest Nature Preserve (a) Designation All roadless areas in the Tongass National Forest, Alaska, including Duke Island, are designated as the Tongass Rainforest Nature Preserve. (b) Protection Within the Tongass Rainforest Nature Preserve, native animal and plant species, including grizzly bears, brown bears, sea lions, seals, trumpeter swans, wolves, wolverines, sea otters, river otters, beavers, moose, Queen Charlotte goshawks, Peale's Peregrine Falcons, snowy owls, and bald eagles, shall be protected in perpetuity in their natural and wild state. No activity that disturbs native animal and plant species or their habitats shall be allowed in the Tongass Rainforest Nature Preserve. (c) Prohibited activities Activities that are prohibited under this section include the following: (1) Construction of roads. (2) Mining or extraction of minerals. (3) Construction of any structure. (4) Use of any mechanized vehicle or equipment. (5) Logging or cutting of trees. 4. Duke Island Trumpeter Swan Wilderness Area (a) FINDINGS. -Congress finds the following: (1) Duke Island, Alaska, provides habitat for Sitka black tailed deer, Peale's Peregrine falcon, Queen Charlotte goshawk, black bear, trumpeter swan, and the stellar sea lion. (2) Duke Island contains special natural and scenic qualities that should be preserved in perpetuity. (b) Designation of wilderness area In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), all of Duke Island and the Duke Inventoried Roadless Area, comprising approximately 46,100 acres, are designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the Duke Island Trumpeter Swan Wilderness Area.. 5. Acquisition of inholdings (a) In general The Secretary may acquire, by gift, bequest, or purchase from willing sellers, inholdings in the Tongass National Forest. (b) Use of eminent domain In the case of an inholding in the Tongass National Forest that the Secretary finds is of exceptional importance for biological or scenic reasons, the Secretary may acquire such inholding through eminent domain. The owner of the inholding so acquired shall receive compensation equal to the full fair market value of the inholding.
4,029
107hr5724ih
107
hr
5,724
ih
To prevent the sale of tobacco products to minors, and the circumvention of State tobacco taxes, by means of electronic sales, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "H402371E235184A79AAEF0459CAB8A52", "header": "Short title" }, { "text": "2. Definitions \nIn this Act: (1) The term adjusted for inflation means adjusted annually to account for inflation by using the percentage change in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the adjustment is made. (2) The term authorized State tobacco distributor means a person— (A) that is authorized or otherwise licensed by a State to account for and pay excise or other taxes imposed by the State on tobacco products sold, distributed, or otherwise delivered in or into the State; and (B) that has complied with the accounting and payment requirements relating to such license or authorization with respect to the tobacco products involved. (3) The term “carrier” means any person who delivers transit tobacco products to consumers, including all private delivery services and the United States Postal Service, as defined by section 102 of title 39, United States Code. (4) The term consumer means a human being who purchases or arranges or attempts to purchase a tobacco product either for the consumer or on behalf of some other person. (5) The term minor means an individual who has not attained the age of 18 years or, if older, the minimum age for the purchase of a tobacco product under applicable State law or Indian tribal law. (6) The term person means any corporation, company, partnership, joint stock companies, foundation, association, organization, individual, State or local government, Indian tribal government, or any group thereof. (7) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, territory, or possession of the United States. (8) The term tobacco product has the meaning given that term in section 5702(c) of the Internal Revenue Code of 1986, and also includes any other product that contains tobacco and is meant for human consumption. (9) The term tobacco supplier means a person that distributes, sells, or otherwise supplies a tobacco product to a transit tobacco seller. (10) (A) The term transit tobacco sale means the sale or offering for sale of a tobacco product, in or affecting interstate commerce, in which— (i) the product is not delivered directly to a consumer at the time and place of purchase; or (ii) the request for purchase is placed by a consumer or a person— (I) through electronic means (including by telephone, facsimile, or the Internet); (II) by mail; or (III) through any other means in which the consumer is not in the transit tobacco seller’s physical presence at the time the request for purchase is made. (B) A tobacco product sale that would otherwise qualify as a transit tobacco sale is not a transit tobacco sale for the purposes of this Act if the transit tobacco seller verifies that the purchaser is a person— (i) in the business of lawfully selling tobacco products; (ii) seeking to purchase a tobacco product for use in such business; and (iii) licensed or otherwise authorized to sell tobacco products, as required by applicable Federal or State law; (11) The term transit tobacco seller means any person making a transit tobacco sale.", "id": "HA5276053DF31457600B620D76E69D2E3", "header": "Definitions" }, { "text": "3. Duties of transit tobacco sellers \n(a) Prohibitions \n(1) Sale to minors \nNo transit tobacco seller may sell a tobacco product to a minor. (2) Sale without state authorization \nNo person may sell a tobacco product in a transit tobacco sale, offer a tobacco product for sale in a transit tobacco sale, deliver a tobacco product in a transit tobacco sale, or otherwise operate as a transit tobacco seller, in, within, or into, a State unless such person is an authorized State tobacco distributor in such State. (b) Verification of consumer age, identity, and address \n(1) Documentation of identity, age, and address \nPrior to accepting a tobacco product order in a transit tobacco sale, a transit tobacco seller shall verify the consumer’s age, identity, and residential address by one of the following means: (A) Obtaining a copy of an official form of identification of the consumer that is a valid, unexpired identification card or other document— (i) issued by a Federal, State, or local government; (ii) bearing a unique identification number; and (iii) providing the identified individual’s— (I) photograph; (II) name; (III) residential address; and (IV) date of birth. (B) Obtaining a statement from the consumer that provides the following: (i) A description of the type of official form of identification possessed by the consumer. (ii) The information described in subparagraph (A) from the official form of identification described in clause (i). (iii) An assurance that the information provided under clause (ii) is the same information appearing on the official form of identification. (C) Obtaining a written statement that includes the following: (i) The information described in subparagraph (A). (ii) A statement that the consumer displayed documentation that established the accuracy of the information provided in clause (i) to a notary public. (iii) A description of the documentation referred to in clause (ii). (iv) The signature of the consumer. (v) The signature of a notary public, as provided under applicable State law. (D) Using any other age and identity verification procedure established by the Secretary of the Treasury that employs new technologies to provide even more stringent and accurate identity and age verification methods than the other methods described in this paragraph. (2) Age and identity verification using database \nEach transit tobacco seller making a transit tobacco sale shall verify all identity, age, and residential address information provided by the consumer by use of a database, in accordance with section 7. (3) Consumer identification verification statement \nIn a transit tobacco sale, the transit tobacco seller shall obtain a statement signed by the consumer (which may be a statement provided or obtained and signed electronically) that states the following: I affirm the accuracy of the identifying information I have provided in order to obtain a tobacco product in a transit tobacco sale. I understand that forging another person’s signature, using false identification, or providing false information to obtain a tobacco product in a transit tobacco sale—especially when done by a minor, to provide a tobacco product to a minor, or to avoid applicable taxes—violates Federal law, may violate State law, and may subject the violator to monetary fines or imprisonment, or both.. (c) Notices \n(1) Notice to addressee of intended tobacco delivery \nNot less than 7 days before placing a tobacco product for delivery in the initial transit tobacco sale to a consumer, the transit tobacco seller shall send a notice addressed to the consumer at the residential address provided under subsection (b)(1). The notice shall provide each of the following: (A) A statement that the transit tobacco seller has received a request for purchase of a tobacco product to be placed by the consumer. (B) The date of the request for purchase, a description of the tobacco product to be delivered (including the quantity of such product), and the total price of the sale. (C) The minimum age (stated as a numeral) for purchase of tobacco products under applicable law. (D) A statement requesting that the recipient of the notice inform the transit tobacco seller if the recipient— (i) is not the addressee; (ii) did not make the request for purchase; or (iii) is a minor. (E) The means by which the recipient may contact the transit tobacco seller, including— (i) a mailing address; (ii) a toll-free telephone number; and (iii) an email address. (2) Effect of notification to transit tobacco seller of improper sale \nA transit tobacco seller that receives a notice provided under paragraph (1) , pursuant to subparagraph (D) of such paragraph may not deliver or place for delivery any tobacco product related to that notice. (3) Notices to intended tobacco carriers \nWhen a transit tobacco seller places a tobacco product for delivery with a carrier, the transit tobacco seller shall provide to the carrier both of the following: (A) A notice that the transit tobacco seller is placing (or intends to place) for delivery by the carrier a tobacco product as part of a transit tobacco sale. (B) Documentation that the transit tobacco seller is an authorized State tobacco distributor in each State to which a parcel is placed for delivery with the carrier. (4) Notices to tobacco suppliers \nBefore purchasing from a tobacco supplier a tobacco product that may be sold in a transit tobacco sale, a transit tobacco seller shall provide to the tobacco supplier each of the following: (A) A notice that the transit tobacco seller intends to sell the tobacco product in a transit tobacco sale. (B) Notice of each State to which the transit tobacco seller may deliver the tobacco product in a transit tobacco sale. (C) Documentation that the transit tobacco seller is an authorized State tobacco distributor in each State identified by the seller under subparagraph (B). (d) Methods of payment \n(1) Form of payment \nIn a transit tobacco sale, the transit tobacco seller may accept payment from a consumer only by debit card, charge card, or credit card issued to the consumer identified under subsection (b). (2) Identification of tobacco transaction \nIn a transit tobacco sale, the transit tobacco seller shall ensure that any receipt, invoice, or summary of a payment made in accordance with paragraph (1) provided by a debit card, credit card, or charge card company to a consumer clearly indicates (by including the use of the word tobacco , cigarette , or cigar and by other means) at least one of the following: (A) The transit tobacco seller is a seller of a tobacco product. (B) The transaction is a sale of a tobacco product. (3) Confirmation of address \nPrior to making a transit tobacco sale, a transit tobacco seller shall confirm that the billing address on record with the issuer of the debit card, credit card, or charge card used by the consumer to make the purchase is the same address as the residential address provided by the consumer pursuant to subsection (b). (e) Methods of delivery \nA transit tobacco seller may not deliver or place for delivery a tobacco product unless the arrangements for delivery to a consumer provide for the following: (1) Addressee \nThe addressee for such a delivery shall be the consumer. (2) Delivery address \nDelivery to the consumer shall be made only to one of the following: (A) The residential address of the consumer provided under subsection (b). (B) The workplace address of the consumer, if the transit tobacco seller verifies the following: (i) The address is the address of a business or governmental or other nonindividual entity. (ii) The address is not a post office box or other location used by the consumer primarily to facilitate, or otherwise accept, deliveries. (iii) The address is not more than 100 miles from the residential address of the consumer provided under subsection (b)(1). (3) Receipt \n(A) Authorized receiver \nNo delivery shall be made unless the addressee (or another individual present at the delivery address) provides to the person making the delivery— (i) a signature acknowledging delivery; (ii) an official form of identification showing that the person accepting delivery is of minimum age for purchase of tobacco products under applicable law ; and (iii) in the case of an individual other than the addressee, a signed statement, as follows: I know the addressee of the tobacco product delivery for which I am signing and I affirm that the addressee has reached the minimum legal age for purchase of tobacco products under applicable law.. (B) Receiver age and identity verification \nThe age and identity of the individual accepting delivery under subparagraph (A) shall be verified by the person making the delivery by using a database in accordance with section 7 , whenever such verification is available to the Transit Seller or can be done by the Transit Seller at a cost of $2.50 (adjusted for inflation) or less for each such verification. (f) Limitations on frequency, content, and amount \nA transit tobacco seller may not sell, deliver, or place for delivery one or more tobacco products unless— (1) the consumer has not purchased a tobacco product from the transit tobacco seller within the preceding 7-day period; (2) the amount of tobacco product sold in a single transit tobacco sale does not exceed— (A) the lesser of — (i) 2,000 cigarettes; (ii) 200 cigars; (iii) 100 ounces of smokeless tobacco or pipe tobacco; or (iv) such amount of any tobacco product as the Secretary of the Treasury may, by regulation, establish in order to minimize— (I) tax-avoidance by means of transit tobacco sales; or (II) illegal resale of tobacco products purchased in transit tobacco sales. (B) For purchases of more than one type of tobacco product, the total of the purchased amounts of each type of product, calculated as percentages of the maximum amounts permitted under subparagraph (A), must not exceed 100 percent. (g) Privacy of consumer personal information \n(1) Use of consumer personal information \nA transit tobacco seller may not use any information about a consumer obtained in the course of a transit tobacco sale for a purpose unrelated to the sale, unless— (A) the consumer affirmatively grants authorization for such use; (B) the transit tobacco seller provides to a consumer— (i) an option to revoke or otherwise limit an authorization granted under subparagraph (A) ; and (ii) clear and conspicuous notice of such an option in any communication permitted by or otherwise relating to the authorization under subparagraph (A) ; and (C) the consumer has not revoked or otherwise limited an authorization granted under subparagraph (A). (2) Other protections not affected \nThis subsection may not be construed to limit the effect of any other provision of Federal or State law protecting the disclosure or use of consumer personal information. (h) Use of Internet Websites \nA transit tobacco seller may not offer a tobacco product for sale through an Internet website unless— (1) a consumer cannot access any website page that offers tobacco products for sale or transacts any tobacco product sale until the transit tobacco seller has first satisfied the requirements of subsection (b) in relation to that consumer; and (2) any Internet website pages used by the transit tobacco to comply with the requirements of subsection (b) (including any website pages a consumer must access prior to accessing the age and identify verification website pages)— (A) are not used for any other purpose than to fulfill the requirements of section 3(b) (or to provide access to the website pages used to comply with those requirements); and (B) consist only of nonmoving black text on a white background, with no graphics or other pictoral depictions. (i) Exceptions for Indian tribe tobacco sales \nParagraph (2) of subsection (a) and paragraphs (3) and (4) of subsection (c) do not apply to a transit tobacco sale in which the transit tobacco seller and the consumer are each— (1) a member of, or owned by, the same Indian tribe (as such term is defined in section 4(e) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450b(e))); and (2) located in Indian country (as defined in section 1151 of title 18, United States Code) occupied by the same Indian tribe.", "id": "H7047248BDD3040B8B1A75D7727CD7C98", "header": "Duties of transit tobacco sellers" }, { "text": "4. Duties of carriers \n(a) Acceptance for delivery \nA carrier may not knowingly accept a tobacco product for delivery from a transit tobacco seller unless the transit tobacco seller has provided the carrier with all notices required by section 3(c)(3). (b) Unauthorized transit tobacco seller \nNotwithstanding a carrier’s receipt of complete notice under section 3(c)(3) , the carrier may not accept the parcel for delivery if the carrier has actual knowledge that the transit tobacco seller is not an authorized State tobacco distributor in the State to which such parcel is addressed.", "id": "H45BC563B9EEE450D88DDD04757EAAAB1", "header": "Duties of carriers" }, { "text": "5. Duties of tobacco suppliers \nA tobacco supplier shall not sell or otherwise supply a tobacco product to a transit tobacco seller if— (1) the tobacco supplier has not received from the transit tobacco seller notice under section 3(c)(4) ; or (2) the tobacco supplier has actual knowledge that the transit tobacco seller is not an authorized State tobacco distributor in each State mentioned in the notice provided by the transit tobacco seller under section 3(c)(4).", "id": "H7665901300A8493A86521513B5EF24AA", "header": "Duties of tobacco suppliers" }, { "text": "6. Recordkeeping \n(a) Maintenance \n(1) A transit tobacco seller in a transit tobacco sale and a tobacco supplier shall maintain records (which may be through electronic means) of the information described in section 3(c)(4) for not less than 5 years. (2) A transit tobacco seller shall maintain records in electronic form for not less than 5 years of all of its transit sales, segregated by State of delivery, that includes the information provided to the transit tobacco seller by each consumer through the transit tobacco sale process, including— (A) the name and contact information of the consumer (including E-mail addresses for all transit sales made via the Internet), (B) the amount purchased, the price paid (including subtotals for any collected State or other taxes), (C) the delivery address, (D) the name of the carrier, and (E) all information provided by the consumer under section 3(b). (b) Access \nA transit tobacco seller in a transit tobacco sale and a tobacco supplier shall provide access to the records described in subsection (a) upon the request of a Federal, State, or local government official authorized to administer or enforce Federal, State, or local laws pertaining to— (1) the sale of tobacco products to minors; or (2) taxes on tobacco products.", "id": "H97321903616946D0AACED7B56910E61E", "header": "Recordkeeping" }, { "text": "7. Use of databases \n(a) Database requirements \nherever in this Act verification of consumer information is required, such verification shall employ a database or aggregate of databases consisting of information obtained exclusively from government-issued identification that includes a photograph of the identified person (such as a State driver license or United States passport) whenever each such verification is available to the Transit Seller or can be done by the Transit Seller at a cost of $2.50 (adjusted for inflation) or less. (b) Alternative Requirement \n.When the verification of subsection (a) is not available at a cost of $2.50 (adjusted for inflation) or less for each such verification, the verification of consumer information required by this Act shall either employ the verification of subsection (a), regardless of cost, or employ a database or aggregate of databases consisting of information obtained from government-issued identification (such as a State driver license or United States passport), State voter registration lists, or other government data sources that provide reliable name, residential address, and birth date or other age information from which it is possible to determine whether a person is not a minor. (c) Alternative verification database nd requirements \nThe Secretary of the Treasury, in consultation with the Attorney General, may— (1) establish an alternative or supplementary verification database consisting entirely of information from government-issued identification that includes a photograph of the identified person or some other personal identifier at least as reliable as the person’s photograph (such as the person’s fingerprints) that establishes the validity of the identification and its information to facilitate the verification required by this Act; and (2) offer the database described in paragraph (1) as an alternative to either or both of the databases described in subsections (b) and (c) or require its use instead of either or both of the databases described in subsections (b) and (c) for any or all of the verifications of consumer information required by this Act.", "id": "HF25E4229882D49A5BB75D910DB00D08F", "header": "Use of databases" }, { "text": "8. Penalties \n(a) Civil penalties \nA transit tobacco seller, carrier, or tobacco supplier found to have violated this Act, shall be liable to the United States for the profit made (or loss avoided) by reason of the transaction that is the subject of such violation, together with an additional amount equal to— (1) not less than $500 or more than $1,000 for each separate violation found in the first enforcement action resulting in such a finding; and (2) not less than $1,000 nor more than $5,000 for each separate violation found in a subsequent enforcement action resulting in such a finding. The Secretary of the Treasury may bring an action in the appropriate United States district court to assess and collect penalties under this section, and such court may impose such penalties. In addition, such court may order the violator to pay any unpaid Federal, State, or local taxes associated with the tobacco product or the transaction that is the subject to such violation to the Federal, State, or local government to which such taxes are due and payable, and the court may provide such other equitable and legal relief as the court, in its discretion, deems appropriate. (b) Prohibition on certain activities \n(1) Violations by sellers \nA transit tobacco seller found to have violated this Act shall be prohibited from selling tobacco products for the following periods: (A) For the first finding of one or more violations, a perod of up to 10 years after the date of final determination of violation. (B) For a second or subsequent finding of one or more violations, permanently. (2) Violations by carriers \nA carrier found to have violated this Act shall be prohibited from delivering tobacco products in a transit tobacco sale into or within a State in which the carrier committed a violation of this Act for the following periods: (A) For the first finding of one or more violations, a period up to 10 years after the date of final determination of violation. (B) For a second or subsequent finding of one or more violations, a period from 1 year to permanently. (3) Violations by suppliers \nA tobacco supplier found to have violated this Act shall be prohibited from selling tobacco products to transit tobacco sellers for the following periods: (A) For the first finding of one or more violations, a period up to 10 years after the date of final determination of violation. (B) For a second or subsequent finding one or more violations, a period from 1 year to permanently. (c) Criminal penalties \nA transit tobacco seller that knowingly violates this Act (or any person willfully participating in any such violation, including but not limited to any person who owns, controls, or manages the transit tobacco seller) shall be— (1) fined under title 18, United States Code; or (2) imprisoned for— (A) not more than 3 years for the first offense; and (B) not more than 5 years for a subsequent offense; or (3) both imprisoned and fined.", "id": "H046DA8166E17426CA9FC1D289EB94ED8", "header": "Penalties" }, { "text": "9. Enforcement \nThe Secretary of the Treasury, through the Bureau of Alcohol, Tobacco, and Firearms (or its successor agency), shall investigate and administratively enforce this Act and the Act of October 19, 1949 (15 U.S.C. 375 et. seq.; Chapter 699; 63 Stat. 884; commonly known as the Jenkins Act).", "id": "H62E0F7E2C509470E8485D93F009B342C", "header": "Enforcement" }, { "text": "10. Actions by States and Federal reporting \n(a) Action authorized \nThe attorney general of a State, or an official or agency designated by a State, may bring, in an appropriate United States district court, a civil action against a transit tobacco seller, carrier, or tobacco supplier that violates this Act— (1) to enjoin such violation; (2) to recover from a transit tobacco seller any taxes due to the State or to any of its political subdivisions under an applicable State or local law relating to tobacco products sold or delivered into or within the State by the transit tobacco seller; and (3) to obtain such other equitable or legal relief as the court, in its discretion, deems appropriate, including the prohibitions described in section 8(c) and a temporary or permanent injunction prohibiting carriers from delivering tobacco products to a transit tobacco seller that has violated any provision of this Act, or prohibiting tobacco product manufacturers, wholesalers, distributors, or retailers from selling tobacco products to a transit tobacco seller that violates any provision of this Act. (b) Notice \nThe State shall serve prior written notice of any civil action brought under this section upon the Secretary of the Treasury and provide the Secretary with a copy of the complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action, and the State shall notify the Secretary of the outcome or other resolution of any such civil actions. (c) Publication \nThe Secretary of the Treasury shall promptly make freely available to the public (including through the Internet) information concerning all actions under this section or section 9 , including the names of all parties to each action and the outcomes of all such actions.", "id": "H537D67D580AE475FBAA5664175F9E11E", "header": "Actions by States and Federal reporting" }, { "text": "11. Relation to other laws \n(a) More stringent laws not affected \nNothing in this Act may be construed to to limit or interfere with any other Federal, State, or local law that place additional, or more stringent, restrictions or penalties on transit tobacco sales. (b) Effect on coordinated law enforcement efforts \nNothing in this chapter may be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, through interstate compact or otherwise, that— (1) provides for the administration of tobacco product tax laws or laws pertaining to transit tobacco sales; (2) provides for the seizure of tobacco products or other property related to a violation of such laws; or (3) establishes cooperative programs for the administration of such laws. (c) Business entities not subject to liability \nThis Act does not create any new Federal requirements or potential liability of any kind for business entities providing communication technologies (e.g., phone companies or internet service providers), computer software or related services, or credit or debit card services; nor does this Act limit, amend, or expand any existing Federal requirements or potential liability for any such entities, except to the extent that those entities are Transit Sellers, Carriers, or Tobacco Suppliers.", "id": "HA0766D39E42A4777ACFE6FC5D77BD367", "header": "Relation to other laws" }, { "text": "12. Severability \nIf any provision of this Act (or the application of that provision to particular persons or circumstances) is held invalid, the remainder of this Act (or the application of that provision to other persons or circumstances) shall not be affected.", "id": "HC7031C8A69E8463D9C25BA6DF945C0E8", "header": "Severability" } ]
12
1. Short title This Act may be cited as the. 2. Definitions In this Act: (1) The term adjusted for inflation means adjusted annually to account for inflation by using the percentage change in the consumer price index for all urban consumers (all items; United States city average) for the 12-month period ending on the June 30 preceding the beginning of the fiscal year for which the adjustment is made. (2) The term authorized State tobacco distributor means a person— (A) that is authorized or otherwise licensed by a State to account for and pay excise or other taxes imposed by the State on tobacco products sold, distributed, or otherwise delivered in or into the State; and (B) that has complied with the accounting and payment requirements relating to such license or authorization with respect to the tobacco products involved. (3) The term “carrier” means any person who delivers transit tobacco products to consumers, including all private delivery services and the United States Postal Service, as defined by section 102 of title 39, United States Code. (4) The term consumer means a human being who purchases or arranges or attempts to purchase a tobacco product either for the consumer or on behalf of some other person. (5) The term minor means an individual who has not attained the age of 18 years or, if older, the minimum age for the purchase of a tobacco product under applicable State law or Indian tribal law. (6) The term person means any corporation, company, partnership, joint stock companies, foundation, association, organization, individual, State or local government, Indian tribal government, or any group thereof. (7) The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any other commonwealth, territory, or possession of the United States. (8) The term tobacco product has the meaning given that term in section 5702(c) of the Internal Revenue Code of 1986, and also includes any other product that contains tobacco and is meant for human consumption. (9) The term tobacco supplier means a person that distributes, sells, or otherwise supplies a tobacco product to a transit tobacco seller. (10) (A) The term transit tobacco sale means the sale or offering for sale of a tobacco product, in or affecting interstate commerce, in which— (i) the product is not delivered directly to a consumer at the time and place of purchase; or (ii) the request for purchase is placed by a consumer or a person— (I) through electronic means (including by telephone, facsimile, or the Internet); (II) by mail; or (III) through any other means in which the consumer is not in the transit tobacco seller’s physical presence at the time the request for purchase is made. (B) A tobacco product sale that would otherwise qualify as a transit tobacco sale is not a transit tobacco sale for the purposes of this Act if the transit tobacco seller verifies that the purchaser is a person— (i) in the business of lawfully selling tobacco products; (ii) seeking to purchase a tobacco product for use in such business; and (iii) licensed or otherwise authorized to sell tobacco products, as required by applicable Federal or State law; (11) The term transit tobacco seller means any person making a transit tobacco sale. 3. Duties of transit tobacco sellers (a) Prohibitions (1) Sale to minors No transit tobacco seller may sell a tobacco product to a minor. (2) Sale without state authorization No person may sell a tobacco product in a transit tobacco sale, offer a tobacco product for sale in a transit tobacco sale, deliver a tobacco product in a transit tobacco sale, or otherwise operate as a transit tobacco seller, in, within, or into, a State unless such person is an authorized State tobacco distributor in such State. (b) Verification of consumer age, identity, and address (1) Documentation of identity, age, and address Prior to accepting a tobacco product order in a transit tobacco sale, a transit tobacco seller shall verify the consumer’s age, identity, and residential address by one of the following means: (A) Obtaining a copy of an official form of identification of the consumer that is a valid, unexpired identification card or other document— (i) issued by a Federal, State, or local government; (ii) bearing a unique identification number; and (iii) providing the identified individual’s— (I) photograph; (II) name; (III) residential address; and (IV) date of birth. (B) Obtaining a statement from the consumer that provides the following: (i) A description of the type of official form of identification possessed by the consumer. (ii) The information described in subparagraph (A) from the official form of identification described in clause (i). (iii) An assurance that the information provided under clause (ii) is the same information appearing on the official form of identification. (C) Obtaining a written statement that includes the following: (i) The information described in subparagraph (A). (ii) A statement that the consumer displayed documentation that established the accuracy of the information provided in clause (i) to a notary public. (iii) A description of the documentation referred to in clause (ii). (iv) The signature of the consumer. (v) The signature of a notary public, as provided under applicable State law. (D) Using any other age and identity verification procedure established by the Secretary of the Treasury that employs new technologies to provide even more stringent and accurate identity and age verification methods than the other methods described in this paragraph. (2) Age and identity verification using database Each transit tobacco seller making a transit tobacco sale shall verify all identity, age, and residential address information provided by the consumer by use of a database, in accordance with section 7. (3) Consumer identification verification statement In a transit tobacco sale, the transit tobacco seller shall obtain a statement signed by the consumer (which may be a statement provided or obtained and signed electronically) that states the following: I affirm the accuracy of the identifying information I have provided in order to obtain a tobacco product in a transit tobacco sale. I understand that forging another person’s signature, using false identification, or providing false information to obtain a tobacco product in a transit tobacco sale—especially when done by a minor, to provide a tobacco product to a minor, or to avoid applicable taxes—violates Federal law, may violate State law, and may subject the violator to monetary fines or imprisonment, or both.. (c) Notices (1) Notice to addressee of intended tobacco delivery Not less than 7 days before placing a tobacco product for delivery in the initial transit tobacco sale to a consumer, the transit tobacco seller shall send a notice addressed to the consumer at the residential address provided under subsection (b)(1). The notice shall provide each of the following: (A) A statement that the transit tobacco seller has received a request for purchase of a tobacco product to be placed by the consumer. (B) The date of the request for purchase, a description of the tobacco product to be delivered (including the quantity of such product), and the total price of the sale. (C) The minimum age (stated as a numeral) for purchase of tobacco products under applicable law. (D) A statement requesting that the recipient of the notice inform the transit tobacco seller if the recipient— (i) is not the addressee; (ii) did not make the request for purchase; or (iii) is a minor. (E) The means by which the recipient may contact the transit tobacco seller, including— (i) a mailing address; (ii) a toll-free telephone number; and (iii) an email address. (2) Effect of notification to transit tobacco seller of improper sale A transit tobacco seller that receives a notice provided under paragraph (1) , pursuant to subparagraph (D) of such paragraph may not deliver or place for delivery any tobacco product related to that notice. (3) Notices to intended tobacco carriers When a transit tobacco seller places a tobacco product for delivery with a carrier, the transit tobacco seller shall provide to the carrier both of the following: (A) A notice that the transit tobacco seller is placing (or intends to place) for delivery by the carrier a tobacco product as part of a transit tobacco sale. (B) Documentation that the transit tobacco seller is an authorized State tobacco distributor in each State to which a parcel is placed for delivery with the carrier. (4) Notices to tobacco suppliers Before purchasing from a tobacco supplier a tobacco product that may be sold in a transit tobacco sale, a transit tobacco seller shall provide to the tobacco supplier each of the following: (A) A notice that the transit tobacco seller intends to sell the tobacco product in a transit tobacco sale. (B) Notice of each State to which the transit tobacco seller may deliver the tobacco product in a transit tobacco sale. (C) Documentation that the transit tobacco seller is an authorized State tobacco distributor in each State identified by the seller under subparagraph (B). (d) Methods of payment (1) Form of payment In a transit tobacco sale, the transit tobacco seller may accept payment from a consumer only by debit card, charge card, or credit card issued to the consumer identified under subsection (b). (2) Identification of tobacco transaction In a transit tobacco sale, the transit tobacco seller shall ensure that any receipt, invoice, or summary of a payment made in accordance with paragraph (1) provided by a debit card, credit card, or charge card company to a consumer clearly indicates (by including the use of the word tobacco , cigarette , or cigar and by other means) at least one of the following: (A) The transit tobacco seller is a seller of a tobacco product. (B) The transaction is a sale of a tobacco product. (3) Confirmation of address Prior to making a transit tobacco sale, a transit tobacco seller shall confirm that the billing address on record with the issuer of the debit card, credit card, or charge card used by the consumer to make the purchase is the same address as the residential address provided by the consumer pursuant to subsection (b). (e) Methods of delivery A transit tobacco seller may not deliver or place for delivery a tobacco product unless the arrangements for delivery to a consumer provide for the following: (1) Addressee The addressee for such a delivery shall be the consumer. (2) Delivery address Delivery to the consumer shall be made only to one of the following: (A) The residential address of the consumer provided under subsection (b). (B) The workplace address of the consumer, if the transit tobacco seller verifies the following: (i) The address is the address of a business or governmental or other nonindividual entity. (ii) The address is not a post office box or other location used by the consumer primarily to facilitate, or otherwise accept, deliveries. (iii) The address is not more than 100 miles from the residential address of the consumer provided under subsection (b)(1). (3) Receipt (A) Authorized receiver No delivery shall be made unless the addressee (or another individual present at the delivery address) provides to the person making the delivery— (i) a signature acknowledging delivery; (ii) an official form of identification showing that the person accepting delivery is of minimum age for purchase of tobacco products under applicable law ; and (iii) in the case of an individual other than the addressee, a signed statement, as follows: I know the addressee of the tobacco product delivery for which I am signing and I affirm that the addressee has reached the minimum legal age for purchase of tobacco products under applicable law.. (B) Receiver age and identity verification The age and identity of the individual accepting delivery under subparagraph (A) shall be verified by the person making the delivery by using a database in accordance with section 7 , whenever such verification is available to the Transit Seller or can be done by the Transit Seller at a cost of $2.50 (adjusted for inflation) or less for each such verification. (f) Limitations on frequency, content, and amount A transit tobacco seller may not sell, deliver, or place for delivery one or more tobacco products unless— (1) the consumer has not purchased a tobacco product from the transit tobacco seller within the preceding 7-day period; (2) the amount of tobacco product sold in a single transit tobacco sale does not exceed— (A) the lesser of — (i) 2,000 cigarettes; (ii) 200 cigars; (iii) 100 ounces of smokeless tobacco or pipe tobacco; or (iv) such amount of any tobacco product as the Secretary of the Treasury may, by regulation, establish in order to minimize— (I) tax-avoidance by means of transit tobacco sales; or (II) illegal resale of tobacco products purchased in transit tobacco sales. (B) For purchases of more than one type of tobacco product, the total of the purchased amounts of each type of product, calculated as percentages of the maximum amounts permitted under subparagraph (A), must not exceed 100 percent. (g) Privacy of consumer personal information (1) Use of consumer personal information A transit tobacco seller may not use any information about a consumer obtained in the course of a transit tobacco sale for a purpose unrelated to the sale, unless— (A) the consumer affirmatively grants authorization for such use; (B) the transit tobacco seller provides to a consumer— (i) an option to revoke or otherwise limit an authorization granted under subparagraph (A) ; and (ii) clear and conspicuous notice of such an option in any communication permitted by or otherwise relating to the authorization under subparagraph (A) ; and (C) the consumer has not revoked or otherwise limited an authorization granted under subparagraph (A). (2) Other protections not affected This subsection may not be construed to limit the effect of any other provision of Federal or State law protecting the disclosure or use of consumer personal information. (h) Use of Internet Websites A transit tobacco seller may not offer a tobacco product for sale through an Internet website unless— (1) a consumer cannot access any website page that offers tobacco products for sale or transacts any tobacco product sale until the transit tobacco seller has first satisfied the requirements of subsection (b) in relation to that consumer; and (2) any Internet website pages used by the transit tobacco to comply with the requirements of subsection (b) (including any website pages a consumer must access prior to accessing the age and identify verification website pages)— (A) are not used for any other purpose than to fulfill the requirements of section 3(b) (or to provide access to the website pages used to comply with those requirements); and (B) consist only of nonmoving black text on a white background, with no graphics or other pictoral depictions. (i) Exceptions for Indian tribe tobacco sales Paragraph (2) of subsection (a) and paragraphs (3) and (4) of subsection (c) do not apply to a transit tobacco sale in which the transit tobacco seller and the consumer are each— (1) a member of, or owned by, the same Indian tribe (as such term is defined in section 4(e) of the Indian Self Determination and Education Assistance Act (25 U.S.C. 450b(e))); and (2) located in Indian country (as defined in section 1151 of title 18, United States Code) occupied by the same Indian tribe. 4. Duties of carriers (a) Acceptance for delivery A carrier may not knowingly accept a tobacco product for delivery from a transit tobacco seller unless the transit tobacco seller has provided the carrier with all notices required by section 3(c)(3). (b) Unauthorized transit tobacco seller Notwithstanding a carrier’s receipt of complete notice under section 3(c)(3) , the carrier may not accept the parcel for delivery if the carrier has actual knowledge that the transit tobacco seller is not an authorized State tobacco distributor in the State to which such parcel is addressed. 5. Duties of tobacco suppliers A tobacco supplier shall not sell or otherwise supply a tobacco product to a transit tobacco seller if— (1) the tobacco supplier has not received from the transit tobacco seller notice under section 3(c)(4) ; or (2) the tobacco supplier has actual knowledge that the transit tobacco seller is not an authorized State tobacco distributor in each State mentioned in the notice provided by the transit tobacco seller under section 3(c)(4). 6. Recordkeeping (a) Maintenance (1) A transit tobacco seller in a transit tobacco sale and a tobacco supplier shall maintain records (which may be through electronic means) of the information described in section 3(c)(4) for not less than 5 years. (2) A transit tobacco seller shall maintain records in electronic form for not less than 5 years of all of its transit sales, segregated by State of delivery, that includes the information provided to the transit tobacco seller by each consumer through the transit tobacco sale process, including— (A) the name and contact information of the consumer (including E-mail addresses for all transit sales made via the Internet), (B) the amount purchased, the price paid (including subtotals for any collected State or other taxes), (C) the delivery address, (D) the name of the carrier, and (E) all information provided by the consumer under section 3(b). (b) Access A transit tobacco seller in a transit tobacco sale and a tobacco supplier shall provide access to the records described in subsection (a) upon the request of a Federal, State, or local government official authorized to administer or enforce Federal, State, or local laws pertaining to— (1) the sale of tobacco products to minors; or (2) taxes on tobacco products. 7. Use of databases (a) Database requirements herever in this Act verification of consumer information is required, such verification shall employ a database or aggregate of databases consisting of information obtained exclusively from government-issued identification that includes a photograph of the identified person (such as a State driver license or United States passport) whenever each such verification is available to the Transit Seller or can be done by the Transit Seller at a cost of $2.50 (adjusted for inflation) or less. (b) Alternative Requirement .When the verification of subsection (a) is not available at a cost of $2.50 (adjusted for inflation) or less for each such verification, the verification of consumer information required by this Act shall either employ the verification of subsection (a), regardless of cost, or employ a database or aggregate of databases consisting of information obtained from government-issued identification (such as a State driver license or United States passport), State voter registration lists, or other government data sources that provide reliable name, residential address, and birth date or other age information from which it is possible to determine whether a person is not a minor. (c) Alternative verification database nd requirements The Secretary of the Treasury, in consultation with the Attorney General, may— (1) establish an alternative or supplementary verification database consisting entirely of information from government-issued identification that includes a photograph of the identified person or some other personal identifier at least as reliable as the person’s photograph (such as the person’s fingerprints) that establishes the validity of the identification and its information to facilitate the verification required by this Act; and (2) offer the database described in paragraph (1) as an alternative to either or both of the databases described in subsections (b) and (c) or require its use instead of either or both of the databases described in subsections (b) and (c) for any or all of the verifications of consumer information required by this Act. 8. Penalties (a) Civil penalties A transit tobacco seller, carrier, or tobacco supplier found to have violated this Act, shall be liable to the United States for the profit made (or loss avoided) by reason of the transaction that is the subject of such violation, together with an additional amount equal to— (1) not less than $500 or more than $1,000 for each separate violation found in the first enforcement action resulting in such a finding; and (2) not less than $1,000 nor more than $5,000 for each separate violation found in a subsequent enforcement action resulting in such a finding. The Secretary of the Treasury may bring an action in the appropriate United States district court to assess and collect penalties under this section, and such court may impose such penalties. In addition, such court may order the violator to pay any unpaid Federal, State, or local taxes associated with the tobacco product or the transaction that is the subject to such violation to the Federal, State, or local government to which such taxes are due and payable, and the court may provide such other equitable and legal relief as the court, in its discretion, deems appropriate. (b) Prohibition on certain activities (1) Violations by sellers A transit tobacco seller found to have violated this Act shall be prohibited from selling tobacco products for the following periods: (A) For the first finding of one or more violations, a perod of up to 10 years after the date of final determination of violation. (B) For a second or subsequent finding of one or more violations, permanently. (2) Violations by carriers A carrier found to have violated this Act shall be prohibited from delivering tobacco products in a transit tobacco sale into or within a State in which the carrier committed a violation of this Act for the following periods: (A) For the first finding of one or more violations, a period up to 10 years after the date of final determination of violation. (B) For a second or subsequent finding of one or more violations, a period from 1 year to permanently. (3) Violations by suppliers A tobacco supplier found to have violated this Act shall be prohibited from selling tobacco products to transit tobacco sellers for the following periods: (A) For the first finding of one or more violations, a period up to 10 years after the date of final determination of violation. (B) For a second or subsequent finding one or more violations, a period from 1 year to permanently. (c) Criminal penalties A transit tobacco seller that knowingly violates this Act (or any person willfully participating in any such violation, including but not limited to any person who owns, controls, or manages the transit tobacco seller) shall be— (1) fined under title 18, United States Code; or (2) imprisoned for— (A) not more than 3 years for the first offense; and (B) not more than 5 years for a subsequent offense; or (3) both imprisoned and fined. 9. Enforcement The Secretary of the Treasury, through the Bureau of Alcohol, Tobacco, and Firearms (or its successor agency), shall investigate and administratively enforce this Act and the Act of October 19, 1949 (15 U.S.C. 375 et. seq.; Chapter 699; 63 Stat. 884; commonly known as the Jenkins Act). 10. Actions by States and Federal reporting (a) Action authorized The attorney general of a State, or an official or agency designated by a State, may bring, in an appropriate United States district court, a civil action against a transit tobacco seller, carrier, or tobacco supplier that violates this Act— (1) to enjoin such violation; (2) to recover from a transit tobacco seller any taxes due to the State or to any of its political subdivisions under an applicable State or local law relating to tobacco products sold or delivered into or within the State by the transit tobacco seller; and (3) to obtain such other equitable or legal relief as the court, in its discretion, deems appropriate, including the prohibitions described in section 8(c) and a temporary or permanent injunction prohibiting carriers from delivering tobacco products to a transit tobacco seller that has violated any provision of this Act, or prohibiting tobacco product manufacturers, wholesalers, distributors, or retailers from selling tobacco products to a transit tobacco seller that violates any provision of this Act. (b) Notice The State shall serve prior written notice of any civil action brought under this section upon the Secretary of the Treasury and provide the Secretary with a copy of the complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such notice immediately upon instituting such action, and the State shall notify the Secretary of the outcome or other resolution of any such civil actions. (c) Publication The Secretary of the Treasury shall promptly make freely available to the public (including through the Internet) information concerning all actions under this section or section 9 , including the names of all parties to each action and the outcomes of all such actions. 11. Relation to other laws (a) More stringent laws not affected Nothing in this Act may be construed to to limit or interfere with any other Federal, State, or local law that place additional, or more stringent, restrictions or penalties on transit tobacco sales. (b) Effect on coordinated law enforcement efforts Nothing in this chapter may be construed to inhibit or otherwise affect any coordinated law enforcement effort by one or more States or other jurisdictions, through interstate compact or otherwise, that— (1) provides for the administration of tobacco product tax laws or laws pertaining to transit tobacco sales; (2) provides for the seizure of tobacco products or other property related to a violation of such laws; or (3) establishes cooperative programs for the administration of such laws. (c) Business entities not subject to liability This Act does not create any new Federal requirements or potential liability of any kind for business entities providing communication technologies (e.g., phone companies or internet service providers), computer software or related services, or credit or debit card services; nor does this Act limit, amend, or expand any existing Federal requirements or potential liability for any such entities, except to the extent that those entities are Transit Sellers, Carriers, or Tobacco Suppliers. 12. Severability If any provision of this Act (or the application of that provision to particular persons or circumstances) is held invalid, the remainder of this Act (or the application of that provision to other persons or circumstances) shall not be affected.
26,763
107hr5760ih
107
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5,760
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To create a commission on Internet gambling licensing and regulation.
[ { "text": "1. Short title \nThis Act shall be known as the Internet Gambling Licensing and Regulation Commission Act.", "id": "H2377CA68C798488F8C064BBC44B7EAB0", "header": "Short title" }, { "text": "2. Findings and policy \nThe Congress finds the following: (1) Gambling is regulated primarily by State governments, whose statutes and regulations govern the placement and acceptance of wagers within state boundaries. (2) The advent of advanced telecommunications technologies, and the Internet in particular, has rendered state regulation less effective and confusing with respect to online wagering. (3) Federal statutes governing interstate placement of wagers are contradictory and confusing, and they do not adequately address the issues involved with gambling over the Internet. (4) Commercial casino operations, Native American tribal gaming operations, State lotteries, horse and dog racing tracks, jai alai, and card rooms have made legal land-based gambling available to the vast majority of Americans. (5) Online gaming is an activity occurring in interstate commerce. (6) Various forms of gambling, including inter alia , casino-style, sports wagering, pari-mutuel wagering (including horse and dog racing as well as jai alai), State lotteries, noncasino slot machines and others, are subject to disparate Federal and State laws and regulations. (7) Because of the nature of the internet, legislative attempts to prohibit Internet gambling are unlikely to be effective, and may adversely impact American’s rights to due process and individual privacy. (8) It is the policy of the Congress in this Act to establish a commission to study and resolve issues posed by the regulation of interstate commerce with respect to Internet gambling.", "id": "HE06798C861EF46DA9DD576E00DFF95B", "header": "Findings and policy" }, { "text": "3. Internet gambling licensing and regulation study commission \n(a) Establishment of commission \nThere is established a commission to be known as the Internet Gambling Licensing and Regulation Study Commission (hereinafter referred to in this Act as the Commission ). The Commission shall— (1) be composed of 5 members appointed in accordance with subsection (b); and (2) conduct its business in accordance with the provisions of this Act. (b) Membership \n(1) In general \nThe Commissioners shall be appointed for the life of the Commission as follows: (A) 1 shall be appointed by the Speaker of the House of Representatives. (B) 1 shall be appointed by the Minority Leader of the House of Representatives. (C) 1 shall be appointed by the Majority Leader of the Senate. (D) 1 shall be appointed by the Minority Leader of the Senate (E) The 4 commissioners appointed in subparagraphs (A), (B), (C), and (D) shall select by consensus the fifth Commissioner, who shall be the Chairman of the Commission. (2) Persons eligible \nThe members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission under section 4. The members may be from the public or private sector, and may include Federal, State, local, or Native American tribal officers or employees, members of academia, nonprofit organizations, industry, or other interested individuals. (3) Consultation required \nThe 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 consult among themselves prior to the appointment of the members of the Commission in order to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission under section 4. (4) Completion of appointments; vacancies \nThe 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 conduct the consultation required under paragraph (3) and shall each make their respective appointments not later than 60 days after the date of enactment of this Act. Any vacancy that occurs during the life of the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment not later than 60 days after the vacancy occurs. (5) Operation of the commission \n(A) Meetings \nThe Commission shall meet at the call of the Chairman. The initial meeting of the Commission shall be conducted not later than 30 days after the appointment of the last member of the Commission, or not later than 30 days after the date on which appropriated funds are available for the Commission, whichever is later. (B) Quorum; voting; rules \nA majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. Each member of the Commission shall have 1 vote, and the vote of each member shall be accorded the same weight. The Commission may establish by majority vote any other rules for the conduct of the Commission's business, if such rules are not inconsistent with this Act or other applicable law.", "id": "H7069044AFA284670801D1B0000F803BC", "header": "Internet gambling licensing and regulation study commission" }, { "text": "4. Duties of the Commission \n(a) Study \n(1) In general \nIt shall be the duty of the Commission to conduct a comprehensive study of the existing legal framework governing Internet gambling and the issues involved with the licensing and regulation of Internet gambling. (2) Matters to be studied \nThe matters studied by the Commission under paragraph (1) shall include, but not be limited to— (A) a review of existing international, Federal, State, and local laws governing various forms of wagering over the Internet, the effectiveness of those laws, and their conformity with each other; (B) an assessment of the impact of Internet gambling with respect to problem gambling; (C) an assessment of the impact of Internet gambling on the availability of gambling to minors; (D) an assessment of the susceptibility of Internet gambling to money laundering by terrorists or criminal enterprises; (E) the potential of regulatory measures to minimize any adverse impacts of Internet gambling with respect to the problems identified in subparagraphs (B), (C), and (D); (F) issues of federalism posed by the regulation of Internet gambling, and the reconciliation of a state-based legal framework with an inherently interstate and international medium such as the Internet; and (G) the problems of unregulated international Internet wagering, and options for the Federal Government to seek international cooperation in the licensing and regulation of such gambling. (b) Report \nNot later than 1 year after the date on which the Commission first meets, the Commission shall submit to the President, the Congress, State Governors, and Native American tribal governments a comprehensive report on the Commission’s findings and conclusions. (c) Recommendations \nNot later than 6 months after the submission of the report under subsection (b) the commission shall issue proposed changes to Federal laws and regulations to provide for the licensing and regulation of Internet gambling in the United States. These proposals shall— (1) preserve the prerogatives of states with respect to intrastate gambling and wagering within their borders, and the further prerogative of States to regulate the placement and acceptance of online wagers by their citizens; (2) include measures to minimize adverse impacts of Internet gambling, including— (A) measures to prevent minors from gambling online; (B) measures to prevent the use of Internet gambling as a money laundering channel for terrorists and criminal enterprises; and (C) measures to identify, and where possible, provide assistance to problem gamblers online; (3) preserve tribal sovereignty with respect to gaming and Internet gaming in a manner consistent with the decision of the Supreme Court of the United States in California v. Cabazon Band of Mission Indians 480 U.S. 202, 107 S. Ct. 1083 (1987); (4) clarify and harmonize the Federal laws governing gambling as they apply to Internet gambling, and eliminate the disparate treatment of various forms of Internet gambling, except in cases where the disparity serves a compelling State interest; (5) provide for the appropriate taxation of Internet gambling enterprises in a manner comparable to the taxation of land-based gambling enterprises; (6) provide for the licensing of enterprises both within the United States and outside of its borders; (7) consider and, where possible, remain consistent with the United States goals, principles, and obligations in other international negotiations governing electronic commerce; and (8) include measures to discourage, prohibit, or prevent United States citizens from wagering with unlicensed Internet gambling operations outside of the United States.", "id": "H1284BC163C7C4F8DA15514D6B551B684", "header": "Duties of the Commission" }, { "text": "5. Powers of the Commission \n(a) Hearings \n(1) In general \nThe Commission may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under section 4. (2) Witness expenses \nWitnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. (b) Subpoenas \n(1) In general \nIf a person fails to supply information requested by the Commission, the Commission may by majority vote require by subpoena the production of any written or recorded information, document, report, answer, record, account, paper, computer file, or other data or documentary evidence necessary to carry out its duties under section 4. The Commission shall transmit to the Attorney General a confidential, written notice at least 10 days in advance of the issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place within the United States. (2) Interrogatories \nThe Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (1), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), to interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph. (3) Certification \nEach person who submits materials or information to the Commission pursuant to a subpoena issued under paragraph (1) or (2) shall certify to the Commission the authenticity and completeness of all materials or information submitted. The provisions of section 1001 of title 18, United States Code, shall apply to any false statements made with respect to the certification required under this paragraph. (4) Treatment of subpoenas \nAny subpoena issued by the Commission under paragraph (1) or (2) shall comply with the requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (5) Failure to obey a subpoena \nIf a person refuses to obey a subpoena issued by the Commission under paragraph (1) or (2), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (c) Information from federal agencies \nThe Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under section 4. Upon the request of the Commission, the head of such department or agency may furnish such information to the Commission. (d) Information to be kept confidential \nThe Commission shall be considered an agency of the Federal Government for purposes of section 1905 of title 18, United States Code, and any individual employed by an individual, entity, or organization under contract to the Commission under section 7 shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. Information obtained by the Commission, other than information available to the public, shall not be disclosed to any person in any manner, except— (1) to Commission employees or employees of any individual, entity, or organization under contract to the Commission under section 7 for the purpose of receiving, reviewing, or processing such information; (2) upon court order; or (3) when publicly released by the Commission in an aggregate or summary form that does not directly or indirectly disclose— (A) the identity of any person or business entity; or (B) any information which could not be released under", "id": "H33351D5268BD46568765BA924B48DFA8", "header": "Powers of the Commission" }, { "text": "6. Commission personnel matters \n(a) Compensation of members \nEach member of the Commission who is not an officer or employee of the Federal Government, or whose compensation is not precluded by a State, local, or Native American tribal government position, shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel expenses \nThe members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (c) Staff \n(1) In general \nThe Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation \nThe executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairman may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees \nAny Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of temporary and intermittent services \nThe Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.", "id": "H2553AC41A8654FF700F92661AD009C56", "header": "Commission personnel matters" }, { "text": "7. Contracts for research \n(a) Advisory commission on intergovernmental relations \n(1) In general \nIn carrying out its duties under section 4, the Commission shall contract with the Advisory Commission on Intergovernmental Relations for— (A) a thorough review and cataloging of all applicable Federal, State, local, and Native American tribal laws, regulations, and ordinances that pertain to gambling in the United States; and (B) assistance in conducting the studies required by the Commission under section 4(a), and in particular the review and assessments required in subparagraphs (A), (B), and (E) of paragraph (2) of such section. (2) Report required \nThe contract entered into under paragraph (1) shall require that the Advisory Commission on Intergovernmental Relations submit a report to the Commission detailing the results of its efforts under the contract not later than 15 months after the date upon which the Commission first meets. (b) National research council \n(1) In general \nIn carrying out its duties under section 4, the Commission shall contract with the National Research Council of the National Academy of Sciences for assistance in conducting the studies required by the Commission under section 4(a). (2) Report required \nThe contract entered into under paragraph (1) shall require that the National Research Council submit a report to the Commission detailing the results of its efforts under the contract not later than 15 months after the date upon which the Commission first meets. (c) Other organizations \nNothing in this section shall be construed to limit the ability of the Commission to enter into contracts with other entities or organizations for research necessary to carry out the Commission’s duties under section 4.", "id": "H2549851493B64CEFBDD0FE8B17605DAE", "header": "Contracts for research" }, { "text": "8. Definitions \nFor the purposes of this Act: (1) Gambling \nThe term gambling means any legalized form of wagering or betting conducted in a casino, on a riverboat, on an Indian reservation, or at any other location under the jurisdiction of the United States. Such term includes any casino game, parimutuel betting, sports-related betting, lottery, pull-tab game, slot machine, any type of video gaming, computerized wagering or betting activities (including any such activity conducted over the Internet), and philanthropic or charitable gaming activities. (2) Native american tribal government \nThe term Native American tribal government means an Indian tribe, as defined under section 4(5) of the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2703(5)). (3) State \nThe term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.", "id": "H2A64CB0A1BE142E8831E85F4A3ABA4AA", "header": "Definitions" }, { "text": "9. Authorization of appropriations \n(a) In general \nThere are authorized to be appropriated to the Commission, the Advisory Commission on Intergovernmental Relations, and the National Academy of Sciences such sums as may be necessary to carry out the purposes of this Act. Any sums appropriated shall remain available, without fiscal year limitation, until expended. (b) Limitation \nNo payment may be made under section 6 or 7 of this Act except to the extent provided for in advance in an appropriation Act.", "id": "H5EB3773D1E724788A13FE6E0F4D484B", "header": "Authorization of appropriations" }, { "text": "10. Termination of the Commission \nThe Commission shall terminate 60 days after the Commission submits the report required under section 4(b).", "id": "H7B783855DB6A41B3B3004D4B7287D500", "header": "Termination of the Commission" } ]
10
1. Short title This Act shall be known as the Internet Gambling Licensing and Regulation Commission Act. 2. Findings and policy The Congress finds the following: (1) Gambling is regulated primarily by State governments, whose statutes and regulations govern the placement and acceptance of wagers within state boundaries. (2) The advent of advanced telecommunications technologies, and the Internet in particular, has rendered state regulation less effective and confusing with respect to online wagering. (3) Federal statutes governing interstate placement of wagers are contradictory and confusing, and they do not adequately address the issues involved with gambling over the Internet. (4) Commercial casino operations, Native American tribal gaming operations, State lotteries, horse and dog racing tracks, jai alai, and card rooms have made legal land-based gambling available to the vast majority of Americans. (5) Online gaming is an activity occurring in interstate commerce. (6) Various forms of gambling, including inter alia , casino-style, sports wagering, pari-mutuel wagering (including horse and dog racing as well as jai alai), State lotteries, noncasino slot machines and others, are subject to disparate Federal and State laws and regulations. (7) Because of the nature of the internet, legislative attempts to prohibit Internet gambling are unlikely to be effective, and may adversely impact American’s rights to due process and individual privacy. (8) It is the policy of the Congress in this Act to establish a commission to study and resolve issues posed by the regulation of interstate commerce with respect to Internet gambling. 3. Internet gambling licensing and regulation study commission (a) Establishment of commission There is established a commission to be known as the Internet Gambling Licensing and Regulation Study Commission (hereinafter referred to in this Act as the Commission ). The Commission shall— (1) be composed of 5 members appointed in accordance with subsection (b); and (2) conduct its business in accordance with the provisions of this Act. (b) Membership (1) In general The Commissioners shall be appointed for the life of the Commission as follows: (A) 1 shall be appointed by the Speaker of the House of Representatives. (B) 1 shall be appointed by the Minority Leader of the House of Representatives. (C) 1 shall be appointed by the Majority Leader of the Senate. (D) 1 shall be appointed by the Minority Leader of the Senate (E) The 4 commissioners appointed in subparagraphs (A), (B), (C), and (D) shall select by consensus the fifth Commissioner, who shall be the Chairman of the Commission. (2) Persons eligible The members of the Commission shall be individuals who have knowledge or expertise, whether by experience or training, in matters to be studied by the Commission under section 4. The members may be from the public or private sector, and may include Federal, State, local, or Native American tribal officers or employees, members of academia, nonprofit organizations, industry, or other interested individuals. (3) Consultation required 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 consult among themselves prior to the appointment of the members of the Commission in order to achieve, to the maximum extent possible, fair and equitable representation of various points of view with respect to the matters to be studied by the Commission under section 4. (4) Completion of appointments; vacancies 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 conduct the consultation required under paragraph (3) and shall each make their respective appointments not later than 60 days after the date of enactment of this Act. Any vacancy that occurs during the life of the Commission shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment not later than 60 days after the vacancy occurs. (5) Operation of the commission (A) Meetings The Commission shall meet at the call of the Chairman. The initial meeting of the Commission shall be conducted not later than 30 days after the appointment of the last member of the Commission, or not later than 30 days after the date on which appropriated funds are available for the Commission, whichever is later. (B) Quorum; voting; rules A majority of the members of the Commission shall constitute a quorum to conduct business, but the Commission may establish a lesser quorum for conducting hearings scheduled by the Commission. Each member of the Commission shall have 1 vote, and the vote of each member shall be accorded the same weight. The Commission may establish by majority vote any other rules for the conduct of the Commission's business, if such rules are not inconsistent with this Act or other applicable law. 4. Duties of the Commission (a) Study (1) In general It shall be the duty of the Commission to conduct a comprehensive study of the existing legal framework governing Internet gambling and the issues involved with the licensing and regulation of Internet gambling. (2) Matters to be studied The matters studied by the Commission under paragraph (1) shall include, but not be limited to— (A) a review of existing international, Federal, State, and local laws governing various forms of wagering over the Internet, the effectiveness of those laws, and their conformity with each other; (B) an assessment of the impact of Internet gambling with respect to problem gambling; (C) an assessment of the impact of Internet gambling on the availability of gambling to minors; (D) an assessment of the susceptibility of Internet gambling to money laundering by terrorists or criminal enterprises; (E) the potential of regulatory measures to minimize any adverse impacts of Internet gambling with respect to the problems identified in subparagraphs (B), (C), and (D); (F) issues of federalism posed by the regulation of Internet gambling, and the reconciliation of a state-based legal framework with an inherently interstate and international medium such as the Internet; and (G) the problems of unregulated international Internet wagering, and options for the Federal Government to seek international cooperation in the licensing and regulation of such gambling. (b) Report Not later than 1 year after the date on which the Commission first meets, the Commission shall submit to the President, the Congress, State Governors, and Native American tribal governments a comprehensive report on the Commission’s findings and conclusions. (c) Recommendations Not later than 6 months after the submission of the report under subsection (b) the commission shall issue proposed changes to Federal laws and regulations to provide for the licensing and regulation of Internet gambling in the United States. These proposals shall— (1) preserve the prerogatives of states with respect to intrastate gambling and wagering within their borders, and the further prerogative of States to regulate the placement and acceptance of online wagers by their citizens; (2) include measures to minimize adverse impacts of Internet gambling, including— (A) measures to prevent minors from gambling online; (B) measures to prevent the use of Internet gambling as a money laundering channel for terrorists and criminal enterprises; and (C) measures to identify, and where possible, provide assistance to problem gamblers online; (3) preserve tribal sovereignty with respect to gaming and Internet gaming in a manner consistent with the decision of the Supreme Court of the United States in California v. Cabazon Band of Mission Indians 480 U.S. 202, 107 S. Ct. 1083 (1987); (4) clarify and harmonize the Federal laws governing gambling as they apply to Internet gambling, and eliminate the disparate treatment of various forms of Internet gambling, except in cases where the disparity serves a compelling State interest; (5) provide for the appropriate taxation of Internet gambling enterprises in a manner comparable to the taxation of land-based gambling enterprises; (6) provide for the licensing of enterprises both within the United States and outside of its borders; (7) consider and, where possible, remain consistent with the United States goals, principles, and obligations in other international negotiations governing electronic commerce; and (8) include measures to discourage, prohibit, or prevent United States citizens from wagering with unlicensed Internet gambling operations outside of the United States. 5. Powers of the Commission (a) Hearings (1) In general The Commission may hold such hearings, sit and act at such times and places, administer such oaths, take such testimony, and receive such evidence as the Commission considers advisable to carry out its duties under section 4. (2) Witness expenses Witnesses requested to appear before the Commission shall be paid the same fees as are paid to witnesses under section 1821 of title 28, United States Code. The per diem and mileage allowances for witnesses shall be paid from funds appropriated to the Commission. (b) Subpoenas (1) In general If a person fails to supply information requested by the Commission, the Commission may by majority vote require by subpoena the production of any written or recorded information, document, report, answer, record, account, paper, computer file, or other data or documentary evidence necessary to carry out its duties under section 4. The Commission shall transmit to the Attorney General a confidential, written notice at least 10 days in advance of the issuance of any such subpoena. A subpoena under this paragraph may require the production of materials from any place within the United States. (2) Interrogatories The Commission may, with respect only to information necessary to understand any materials obtained through a subpoena under paragraph (1), issue a subpoena requiring the person producing such materials to answer, either through a sworn deposition or through written answers provided under oath (at the election of the person upon whom the subpoena is served), to interrogatories from the Commission regarding such information. A complete recording or transcription shall be made of any deposition made under this paragraph. (3) Certification Each person who submits materials or information to the Commission pursuant to a subpoena issued under paragraph (1) or (2) shall certify to the Commission the authenticity and completeness of all materials or information submitted. The provisions of section 1001 of title 18, United States Code, shall apply to any false statements made with respect to the certification required under this paragraph. (4) Treatment of subpoenas Any subpoena issued by the Commission under paragraph (1) or (2) shall comply with the requirements for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure. (5) Failure to obey a subpoena If a person refuses to obey a subpoena issued by the Commission under paragraph (1) or (2), the Commission may apply to a United States district court for an order requiring that person to comply with such subpoena. The application may be made within the judicial district in which that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. (c) Information from federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out its duties under section 4. Upon the request of the Commission, the head of such department or agency may furnish such information to the Commission. (d) Information to be kept confidential The Commission shall be considered an agency of the Federal Government for purposes of section 1905 of title 18, United States Code, and any individual employed by an individual, entity, or organization under contract to the Commission under section 7 shall be considered an employee of the Commission for the purposes of section 1905 of title 18, United States Code. Information obtained by the Commission, other than information available to the public, shall not be disclosed to any person in any manner, except— (1) to Commission employees or employees of any individual, entity, or organization under contract to the Commission under section 7 for the purpose of receiving, reviewing, or processing such information; (2) upon court order; or (3) when publicly released by the Commission in an aggregate or summary form that does not directly or indirectly disclose— (A) the identity of any person or business entity; or (B) any information which could not be released under 6. Commission personnel matters (a) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government, or whose compensation is not precluded by a State, local, or Native American tribal government position, shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of service for the Commission. (c) Staff (1) In general The Chairman of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment and termination of an executive director shall be subject to confirmation by a majority of the members of the Commission. (2) Compensation The executive director shall be compensated at a rate not to exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code. The Chairman may fix the compensation of other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (3) Detail of government employees Any Federal Government employee, with the approval of the head of the appropriate Federal agency, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status, benefits, or privilege. (d) Procurement of temporary and intermittent services The Chairman of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 7. Contracts for research (a) Advisory commission on intergovernmental relations (1) In general In carrying out its duties under section 4, the Commission shall contract with the Advisory Commission on Intergovernmental Relations for— (A) a thorough review and cataloging of all applicable Federal, State, local, and Native American tribal laws, regulations, and ordinances that pertain to gambling in the United States; and (B) assistance in conducting the studies required by the Commission under section 4(a), and in particular the review and assessments required in subparagraphs (A), (B), and (E) of paragraph (2) of such section. (2) Report required The contract entered into under paragraph (1) shall require that the Advisory Commission on Intergovernmental Relations submit a report to the Commission detailing the results of its efforts under the contract not later than 15 months after the date upon which the Commission first meets. (b) National research council (1) In general In carrying out its duties under section 4, the Commission shall contract with the National Research Council of the National Academy of Sciences for assistance in conducting the studies required by the Commission under section 4(a). (2) Report required The contract entered into under paragraph (1) shall require that the National Research Council submit a report to the Commission detailing the results of its efforts under the contract not later than 15 months after the date upon which the Commission first meets. (c) Other organizations Nothing in this section shall be construed to limit the ability of the Commission to enter into contracts with other entities or organizations for research necessary to carry out the Commission’s duties under section 4. 8. Definitions For the purposes of this Act: (1) Gambling The term gambling means any legalized form of wagering or betting conducted in a casino, on a riverboat, on an Indian reservation, or at any other location under the jurisdiction of the United States. Such term includes any casino game, parimutuel betting, sports-related betting, lottery, pull-tab game, slot machine, any type of video gaming, computerized wagering or betting activities (including any such activity conducted over the Internet), and philanthropic or charitable gaming activities. (2) Native american tribal government The term Native American tribal government means an Indian tribe, as defined under section 4(5) of the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2703(5)). (3) State The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 9. Authorization of appropriations (a) In general There are authorized to be appropriated to the Commission, the Advisory Commission on Intergovernmental Relations, and the National Academy of Sciences such sums as may be necessary to carry out the purposes of this Act. Any sums appropriated shall remain available, without fiscal year limitation, until expended. (b) Limitation No payment may be made under section 6 or 7 of this Act except to the extent provided for in advance in an appropriation Act. 10. Termination of the Commission The Commission shall terminate 60 days after the Commission submits the report required under section 4(b).
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To authorize the establishment of a commemorative work on Federal land in the District of Columbia and its environs to honor James Madison in recognition of his distinguished career in public service.
[ { "text": "1. Commemorative work to honor james madison \n(a) Findings \nThe Congress finds the following: (1) Few public servants have contributed more to the formation and continuance of the United States than former President James Madison, a patriot who served his country as a member of the Virginia Assembly, the United States Congress, and the executive branch of the Federal Government as Secretary of State and President. (2) James Madison's contributions to the drafting of the United States Constitution, despite his modest assertion that the document was ``not the offspring of a single brain,'' were unmatched by any single individual and appropriately earned him the moniker, ``Father of the Constitution''. (3) As a Member of Congress, James Madison was the primary champion of the Bill of Rights, which remains the most cherished and important declaration of individual and group liberties. (4) As Secretary of State, Madison was uniquely instrumental in securing the Louisiana Purchase and presenting America's protest against the seizure of American ships and sailors by England and France. (5) As President, Madison presided over the perilous War of 1812, demonstrating to the international community the strength and resolve of our young republic. (6) While Washington, D.C., is host to numerous commemorative works honoring some of the United States’ most cherished heroes, there is no fitting memorial in Washington, D.C., to acknowledge James Madison's distinguished career in public service. (b) Congressional authorization of commemorative work \nConsistent with chapter 89 of title 40, United States Code, a commemorative work may be established on Federal land in the District of Columbia and its environs to honor former President James Madison in recognition of his distinguished career in public service. (c) Use of Federal funds \nFederal funds may be used to establish the commemorative work authorized by subsection (b). (d) Deposit of excess funds \nIf, upon payment of all expenses of the establishment of the commemorative work (including the maintenance and preservation amount provided for in section 8906(b) of title 40, United States Code) authorized by subsection (b), or upon expiration of the authority for the commemorative work under section 8903(e) of such title, there remains a balance of funds received for the establishment of the commemorative work, the amount of the balance shall be transferred to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(1) of such title. (e) Definitions \nIn this section, the terms commemorative work and the District of Columbia and its environs have the meanings given to such terms in section 8902 of title 40, United States Code.", "id": "HFD2FC983047E4B31A8A938196FCF6785", "header": "Commemorative work to honor james madison" } ]
1
1. Commemorative work to honor james madison (a) Findings The Congress finds the following: (1) Few public servants have contributed more to the formation and continuance of the United States than former President James Madison, a patriot who served his country as a member of the Virginia Assembly, the United States Congress, and the executive branch of the Federal Government as Secretary of State and President. (2) James Madison's contributions to the drafting of the United States Constitution, despite his modest assertion that the document was ``not the offspring of a single brain,'' were unmatched by any single individual and appropriately earned him the moniker, ``Father of the Constitution''. (3) As a Member of Congress, James Madison was the primary champion of the Bill of Rights, which remains the most cherished and important declaration of individual and group liberties. (4) As Secretary of State, Madison was uniquely instrumental in securing the Louisiana Purchase and presenting America's protest against the seizure of American ships and sailors by England and France. (5) As President, Madison presided over the perilous War of 1812, demonstrating to the international community the strength and resolve of our young republic. (6) While Washington, D.C., is host to numerous commemorative works honoring some of the United States’ most cherished heroes, there is no fitting memorial in Washington, D.C., to acknowledge James Madison's distinguished career in public service. (b) Congressional authorization of commemorative work Consistent with chapter 89 of title 40, United States Code, a commemorative work may be established on Federal land in the District of Columbia and its environs to honor former President James Madison in recognition of his distinguished career in public service. (c) Use of Federal funds Federal funds may be used to establish the commemorative work authorized by subsection (b). (d) Deposit of excess funds If, upon payment of all expenses of the establishment of the commemorative work (including the maintenance and preservation amount provided for in section 8906(b) of title 40, United States Code) authorized by subsection (b), or upon expiration of the authority for the commemorative work under section 8903(e) of such title, there remains a balance of funds received for the establishment of the commemorative work, the amount of the balance shall be transferred to the Secretary of the Treasury for deposit in the account provided for in section 8906(b)(1) of such title. (e) Definitions In this section, the terms commemorative work and the District of Columbia and its environs have the meanings given to such terms in section 8902 of title 40, United States Code.
2,737
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107
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5,377
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For the relief of John Castellano
[ { "text": "1. Granting posthumous citizenship to John Castellano \n(a) Authority of Attorney General \nNotwithstanding the Immigration and Nationality Act or any other provision of law, the Attorney General shall grant, in accordance with this Act, posthumous citizenship at the time of death to John Castellano, who died July 7, 1937, if the Attorney General approves an application for posthumous citizenship under subsection (b). (b) Request for Posthumous Citizenship \nA request for the granting of posthumous citizenship to the individual referred to in subsection (a) may be filed on behalf of the individual only by the next-of-kin (as determined by the Attorney General) or another representative (as determined by the Attorney General). The Attorney General shall approve such a request respecting the individual referred to in subsection (a) if the request is filed not later than 2 years after the date of the enactment of this Act and the Attorney General finds that the individual satisfied the requirements of subsection (c). (c) Criteria for Granting of Posthumous Citizenship \nThe requirements referred to in subsection (b) are that the individual referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 329(a) of the Immigration and Nationality Act (8 U.S.C. 1440(a)) , and satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a). The executive department under which the person so served shall determine whether the individual satisfied the requirements of paragraphs (1) and (2). (d) Documentation of Posthumous Citizenship \nIf the Attorney General approves such a request to grant the individual referred to in subsection (a) posthumous citizenship, the Attorney General shall send to the person who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the individual’s death. (e) No Benefits to Survivors \nNothing in this Act shall be construed as providing for any benefits under this Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section.", "id": "H51603804852E4CFBB24800C42948CB41", "header": "Granting posthumous citizenship to John Castellano" } ]
1
1. Granting posthumous citizenship to John Castellano (a) Authority of Attorney General Notwithstanding the Immigration and Nationality Act or any other provision of law, the Attorney General shall grant, in accordance with this Act, posthumous citizenship at the time of death to John Castellano, who died July 7, 1937, if the Attorney General approves an application for posthumous citizenship under subsection (b). (b) Request for Posthumous Citizenship A request for the granting of posthumous citizenship to the individual referred to in subsection (a) may be filed on behalf of the individual only by the next-of-kin (as determined by the Attorney General) or another representative (as determined by the Attorney General). The Attorney General shall approve such a request respecting the individual referred to in subsection (a) if the request is filed not later than 2 years after the date of the enactment of this Act and the Attorney General finds that the individual satisfied the requirements of subsection (c). (c) Criteria for Granting of Posthumous Citizenship The requirements referred to in subsection (b) are that the individual referred to in subsection (a) is a person who, while an alien or a noncitizen national of the United States served honorably in an active-duty status in the military, air, or naval forces of the United States during any period described in the first sentence of section 329(a) of the Immigration and Nationality Act (8 U.S.C. 1440(a)) , and satisfied the requirements of clause (1) or (2) of the first sentence of section 329(a). The executive department under which the person so served shall determine whether the individual satisfied the requirements of paragraphs (1) and (2). (d) Documentation of Posthumous Citizenship If the Attorney General approves such a request to grant the individual referred to in subsection (a) posthumous citizenship, the Attorney General shall send to the person who filed the request a suitable document which states that the United States considers the person to have been a citizen of the United States at the time of the individual’s death. (e) No Benefits to Survivors Nothing in this Act shall be construed as providing for any benefits under this Act for any spouse, son, daughter, or other relative of a person granted posthumous citizenship under this section.
2,356
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107
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5,721
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To facilitate a land exchange to provide for the acquisition of a private inholding in the San Isabel National Forest in the State of Colorado, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HC5DEB9CDD33640F491E4BA8B9D28996B", "header": "Short title" }, { "text": "2. Land exchange, San Isabel National Forest, Colorado \n(a) Exchange Required \nIn exchange for the private property described in subsection (b), the Secretary of Agriculture shall convey to E. Michael Senter of Buena Vista, Colorado (in this section referred to as the recipient ), all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 2.2 acres in the San Isabel National Forest, Colorado, as generally depicted on the map entitled Senter Exchange , dated September 20, 2002. The conveyance under this subsection shall be made upon the receipt by the Secretary of a binding offer for the conveyance of title acceptable to the Secretary to the property described in subsection (b). (b) Consideration \nAs consideration for the property to be conveyed by the Secretary under subsection (a), the recipient shall convey to the Secretary a parcel of real property consisting of approximately 2.0 acres located within the boundaries of the San Isabel National Forest. This parcel is also generally depicted on the map referred to in subsection (a). (c) Equal value exchange; appraisal \nThe values of the properties to be exchanged under this section shall be equal or equalized as provided in subsection (d). The value of the properties shall be determined through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and the recipient. The appraisal shall be performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (Department of Justice, December 2000) and shall be completed not later than 120 days after the date of the enactment of this Act. (d) Cash equalization \nAny difference in the value of the properties to be exchanged under this section shall be equalized through the making of a cash equalization payment. The Secretary shall deposit any cash equalization payment received by the Secretary under this subsection in the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (e) Payment of costs \nAll direct costs associated with the conveyances under this section, including the costs of appraisal, title, and survey work, shall be borne by the Secretary. (f) Administration of acquired land \nThe property acquired by the Secretary under this section shall become part of the San Isabel National Forest and be administered as such in accordance with the laws, rules, and regulations generally applicable to the National Forest System.", "id": "H42B4B0D708234AE6BB96CCF4B6FB6C5", "header": "Land exchange, San Isabel National Forest, Colorado" } ]
2
1. Short title This Act may be cited as the. 2. Land exchange, San Isabel National Forest, Colorado (a) Exchange Required In exchange for the private property described in subsection (b), the Secretary of Agriculture shall convey to E. Michael Senter of Buena Vista, Colorado (in this section referred to as the recipient ), all right, title, and interest of the United States in and to a parcel of real property consisting of approximately 2.2 acres in the San Isabel National Forest, Colorado, as generally depicted on the map entitled Senter Exchange , dated September 20, 2002. The conveyance under this subsection shall be made upon the receipt by the Secretary of a binding offer for the conveyance of title acceptable to the Secretary to the property described in subsection (b). (b) Consideration As consideration for the property to be conveyed by the Secretary under subsection (a), the recipient shall convey to the Secretary a parcel of real property consisting of approximately 2.0 acres located within the boundaries of the San Isabel National Forest. This parcel is also generally depicted on the map referred to in subsection (a). (c) Equal value exchange; appraisal The values of the properties to be exchanged under this section shall be equal or equalized as provided in subsection (d). The value of the properties shall be determined through an appraisal performed by a qualified appraiser mutually agreed to by the Secretary and the recipient. The appraisal shall be performed in conformance with the Uniform Appraisal Standards for Federal Land Acquisitions (Department of Justice, December 2000) and shall be completed not later than 120 days after the date of the enactment of this Act. (d) Cash equalization Any difference in the value of the properties to be exchanged under this section shall be equalized through the making of a cash equalization payment. The Secretary shall deposit any cash equalization payment received by the Secretary under this subsection in the fund established by Public Law 90-171 (commonly known as the Sisk Act; 16 U.S.C. 484a). (e) Payment of costs All direct costs associated with the conveyances under this section, including the costs of appraisal, title, and survey work, shall be borne by the Secretary. (f) Administration of acquired land The property acquired by the Secretary under this section shall become part of the San Isabel National Forest and be administered as such in accordance with the laws, rules, and regulations generally applicable to the National Forest System.
2,551
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107
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5,759
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To extend the national flood insurance program.
[ { "text": "1. Extension of national flood insurance program \n(a) Borrowing Authority \nSection 1309(a)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)) is amended by striking December 31, 2002 and inserting December 31, 2004. (b) Authority to Write Policies \nSection 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking after and all that follows through the period at the end and inserting after December 31, 2004.. (c) Emergency implementation of program \nSection 1336(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4056(a)) is amended by striking ending and all that follows through in and inserting ending December 31, 2004, in. (d) Authorization of appropriations for studies \nSection 1376(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4127) is amended by striking December 31, 2002 and inserting December 31, 2004.", "id": "HCDEEEDA0B352495FB8A2AF562EE15FAA", "header": "Extension of national flood insurance program" } ]
1
1. Extension of national flood insurance program (a) Borrowing Authority Section 1309(a)(2) of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a)(2)) is amended by striking December 31, 2002 and inserting December 31, 2004. (b) Authority to Write Policies Section 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4026) is amended by striking after and all that follows through the period at the end and inserting after December 31, 2004.. (c) Emergency implementation of program Section 1336(a) of the National Flood Insurance Act of 1968 (42 U.S.C. 4056(a)) is amended by striking ending and all that follows through in and inserting ending December 31, 2004, in. (d) Authorization of appropriations for studies Section 1376(c) of the National Flood Insurance Act of 1968 (42 U.S.C. 4127) is amended by striking December 31, 2002 and inserting December 31, 2004.
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107
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To provide an environmentally sound process for the expeditious consideration and approval of a high-voltage electricity transmission line right-of-way through the Trabuco Ranger District of the Cleveland National Forest in the State of California and adjacent lands under the jurisdiction of the Bureau of Land Management and the Forest Service
[ { "text": "1. Short title \nThis Act may be cited as the.", "id": "HCB5AAD9C66A04BA99CF0B33902025D8F", "header": "Short title" }, { "text": "2. ELECTRICITY TRANSMISSION LINE RIGHT-OF-WAY \n(a) Issuance \nNotwithstanding any other provision of law, the Secretary of the Interior and the Secretary of Agriculture shall issue all necessary grants, easements, permits, plan amendments, and other approvals to allow for the siting and construction of a high-voltage electricity transmission line right-of-way running approximately north to south through the Trabuco Ranger District of the Cleveland National Forest in the State of California and adjacent lands under the jurisdiction of the Bureau of Land Management and the Forest Service. The right-of-way approvals shall provide all necessary Federal authorization from the Secretaries of Agriculture and the Interior for the routing, construction, operation, and maintenance of a 500 KV transmission line capable of meeting the region's long-term electricity transmission needs between the existing Valley-Serrano transmission line to the north and the Telega-Escondido transmission line to the south, and for connecting to future generating capacity that may be developed in the region. (b) Protection of wilderness areas \nThe Secretary of the Interior and the Secretary of Agriculture shall not allow any portion of a transmission line right-of-way corridor identified in subsection (a) to enter any identified wilderness area in existence as of the date of the enactment of this Act. (c) Environmental and adminstrative review \nThe Secretary of the Interior, acting through the Bureau of Land Management, shall be the lead Federal agency with overall responsibility to ensure completion of required environmental and other reviews of the approvals to be issued under subsection (a). For the portions of the corridor on Forest Service land, the Secretary of Agriculture shall complete all required environmental reviews and administrative actions, in coordination with the Secretary of the Interior. It is anticipated that the right-of-way route through the Trabuco Ranger District of the Cleveland National Forest will make it unnecessary to construct regional transmission lines through heavily populated lands in the Temecula Valley. (d) Time for issuance \nThe necessary grants, easements, permits, plan amendments and other approvals for the transmission line right-of-way shall be issued within 60 days after the completion of the environmental review under subsection (c), or no later than September 30, 2003, whichever comes first. (e) Other terms and conditions \nThe transmission line right-of-way shall be subject to such terms and conditions as the Secretary of the Interior and the Secretary of Agriculture consider necessary, as a result of the environmental review under subsection (c), to protect the value of historic, cultural, and natural resources under the jurisdiction of the Department of the Interior or the Department of Agriculture", "id": "H80912D79F0D94657A3F817873E446B5C", "header": "ELECTRICITY TRANSMISSION LINE RIGHT-OF-WAY" } ]
2
1. Short title This Act may be cited as the. 2. ELECTRICITY TRANSMISSION LINE RIGHT-OF-WAY (a) Issuance Notwithstanding any other provision of law, the Secretary of the Interior and the Secretary of Agriculture shall issue all necessary grants, easements, permits, plan amendments, and other approvals to allow for the siting and construction of a high-voltage electricity transmission line right-of-way running approximately north to south through the Trabuco Ranger District of the Cleveland National Forest in the State of California and adjacent lands under the jurisdiction of the Bureau of Land Management and the Forest Service. The right-of-way approvals shall provide all necessary Federal authorization from the Secretaries of Agriculture and the Interior for the routing, construction, operation, and maintenance of a 500 KV transmission line capable of meeting the region's long-term electricity transmission needs between the existing Valley-Serrano transmission line to the north and the Telega-Escondido transmission line to the south, and for connecting to future generating capacity that may be developed in the region. (b) Protection of wilderness areas The Secretary of the Interior and the Secretary of Agriculture shall not allow any portion of a transmission line right-of-way corridor identified in subsection (a) to enter any identified wilderness area in existence as of the date of the enactment of this Act. (c) Environmental and adminstrative review The Secretary of the Interior, acting through the Bureau of Land Management, shall be the lead Federal agency with overall responsibility to ensure completion of required environmental and other reviews of the approvals to be issued under subsection (a). For the portions of the corridor on Forest Service land, the Secretary of Agriculture shall complete all required environmental reviews and administrative actions, in coordination with the Secretary of the Interior. It is anticipated that the right-of-way route through the Trabuco Ranger District of the Cleveland National Forest will make it unnecessary to construct regional transmission lines through heavily populated lands in the Temecula Valley. (d) Time for issuance The necessary grants, easements, permits, plan amendments and other approvals for the transmission line right-of-way shall be issued within 60 days after the completion of the environmental review under subsection (c), or no later than September 30, 2003, whichever comes first. (e) Other terms and conditions The transmission line right-of-way shall be subject to such terms and conditions as the Secretary of the Interior and the Secretary of Agriculture consider necessary, as a result of the environmental review under subsection (c), to protect the value of historic, cultural, and natural resources under the jurisdiction of the Department of the Interior or the Department of Agriculture
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To establish the Nanoscience and Nanotechnology Advisory Board.
[ { "text": "1. Short title \nThis Act may be cited as the Nanoscience and Nanotechnology Advisory Board Act of 2002.", "id": "H2E24A595A41E40AEB57FECDDDD4356A7", "header": "Short title" }, { "text": "2. Findings \nCongress makes the following findings: (1) The emerging fields of nanoscience and nanoengineering (collectively, “nanotechnology”), in which matter is manipulated at the atomic level in order to build materials, machines, and devices with novel properties or functions, are leading to unprecedented scientific and technological opportunities that will benefit society by changing the way many things are designed and made. (2) Long-term nanoscale research and development leading to potential breakthroughs in areas such as materials and manufacturing, electronics, medicine and health care, environment, energy, chemicals, biotechnology, agriculture, information technology, and national security could be as significant for the 21st century as the combined influences of microelectronics, biotechnology, and information technology were for the 20th century. (3) Long-term, high-risk research is necessary to create breakthroughs in technology. (4) Such research requires government funding since the benefits are too distant or uncertain for industry alone to support, and the Federal government can play an important role in the development of nanotechnology, as it will take many years of sustained investment for this field to achieve maturity. (5) Advancements in nanotechnology stemming from Federal investments in fundamental research and subsequent private sector development likely will create technologies that support the work and improve the efficiency of the Federal government, and contribute significantly to the efforts of the government’s mission agencies. (6) According to various estimates, including those of the National Science Foundation, the market for nanotechnology products and services in the United States alone could reach over $1 trillion later this century. (7) Mastering nanotechnology will require a unique skill set for scientists and engineers that combine chemistry, physics, materials science, and information science. (8) Funding in these critical areas has been flat for many years and as a result fewer young people are electing to go into these areas in graduate schools throughout the Nation, a trend which will have to reverse if we hope to develop the next generation of skilled workers with multidisciplinary perspectives necessary for the development of nanotechnology. (9) Research on nanotechnology creates unprecedented capabilities to alter ourselves and our environment and will give rise to a host of novel social, ethical, philosophical, and legal issues, and addressing these issues will require wide reflection and guidance that is responsive to the realities of the science, as well as additional research to predict, understand, and alleviate anticipated problems. (10) Achieving and maintaining international leadership in nanotechnology is an important national security issue for the Nation, and in addition to the plethora of devices that can be developed for use by the Defense Department, there are many other ways in which nanotechnology has national security implications. (11) The Executive Branch has previously established a National Nanotechnology Initiative (NNI) to coordinate Federal nanotechnology research and development programs and this initiative has contributed significantly to the development of nanotechnology. (12) Authorizing legislation can serve to establish new technology goals and research directions, improve agency coordination and oversight mechanisms, help ensure optimal returns on investments, and simplify reporting, budgeting, and planning processes for the Executive Branch and Congress.", "id": "HE51754B37CD74243B5DF3CBC72298386", "header": "Findings" }, { "text": "3. Establishment \nThere is established the Nanoscience and Nanotechnology Advisory Board (in this Act referred to as the Advisory Board ). The Advisory Board shall operate in coordination with the White House Office of Science and Technology Policy, and shall provide advice to the President and the National Science and Technology Council on research investment policy, strategy, program goals, and management processes relating to nanoscience and nanotechnology.", "id": "H0F5E5EAC47C4464F83BDC7D7EFBBFFFA", "header": "Establishment" }, { "text": "4. Membership \n(a) In General \nThe President, in consultation with the Director of the White House Office of Science and Technology Policy, shall establish procedures for the selection if individuals not employed by the Federal government who are qualified in the science of nanotechnology and other appropriate fields and shall, pursuant to such procedures, appoint up to 20 individuals to serve on the Advisory Board. (b) Membership Qualifications \nMembers of the Advisory Board shall be appointed from among leaders from industry and academia having scientific, technical, social science, or research management credentials. Members shall hold a reasonable cross-section of views and expertise regarding societal, ethical, educational, legal, and workforce issues related to nanotechnology. In selecting individuals to serve on the Advisory Board the President shall give due consideration to the recommendations of Congress, industry leaders, the scientific community (including the National Academy of Sciences), academia, the defense community, the education community, State and local governments, and other appropriate organizations. (c) Chairperson \nThe President shall designate a Chairperson who shall serve for a term of 3 years. (d) Terms \nEach member of the Advisory Board shall be appointed for a term of 1 to 3 years, as determined by the President upon appointment, and may be reappointed when their terms expire. (e) Vacancies \nA vacancy on the Advisory Board shall be filled in the same manner in which the original appointment was made. (f) Compensation \nMembers shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Meetings \nThe Advisory Board shall meet not less than 2 times per year, at the call of the Chairperson in consultation with the National Nanotechnology Coordination Office established under section 5 of this Act.", "id": "H3C215797F96D4C6C8D9E537D8F6F1C7C", "header": "Membership" }, { "text": "5. National Nanotechnology Coordination Office \n(a) Staff to Assist Advisory Board \nThe President shall establish a National Nanotechnology Coordination Office to provide necessary technical and administrative support to the Advisory Board and to coordinate Federal nanotechnology activities between Federal agencies, private sector industry, and academia. (b) Applicability of Certain Civil Service Laws \nThe staff of the National Nanotechnology Coordination Office established under subsection (a) shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates.", "id": "H166B8770D8AB4D10AE444620CEE65F7", "header": "National Nanotechnology Coordination Office" }, { "text": "6. Duties \nThe Advisory Board shall— (1) advise the President and the National Science and Technology Council, and inform the Congress, on matters relating to the National Nanotechnology Program, including— (A) the articulation of short-term (1 to 5 years), medium-range (6 to 10 years), and long-range (beyond 10 years) goals and objectives within the program; (B) the need for emphasis on the long-range goals that move results out of the laboratory and into the service of society; (C) the capabilities and research needs of the nanotechnology program; (D) methods or approaches for achieving major program objectives; (E) establishing and measuring performance goals using appropriate metrics; (F) approaches to increase multi-agency investments in research at the intersection between nanoscale technology and biology; (G) creation of programs for the invention and development of new instruments for nanoscience and the establishment of centers of excellence where these instruments can be used by a number of scientists, faculty, and students; (H) approaches to stimulate and nurture industrial partnerships, both domestically and internationally, to help accelerate the commercialization of nanotechnology developments; (I) approaches to addressing workforce issues through training grants, internships, fellowships, professional development, and retraining; and (J) the need to coordinate the nanoscale research and development activities and strategies of the civilian Federal agencies and the Department of Defense to maintain a balanced, integrated, and fully-coordinated Federal nanotechnology research effort; (2) consult with academic industrial entities, State and local governments and agencies, and other appropriate entities conducting research on and using nanotechnology; and (3) ensure that the Federal nanotechnology program considers fully the societal implications of nanoscale science and technology.", "id": "H1366F23399B1487BA809C2C2C1435352", "header": "Duties" }, { "text": "7. Reports \nThe Advisory Board shall transmit an annual report to the President, the heads of each agency involved in the nanotechnology program, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. The annual report shall include— (1) a review of the program’s technical success in achieving the stated goals and grand challenges according to the metrics established by the program and Advisory Panel; (2) a review of the program’s management and coordination among civilian Federal agencies; between these agencies and the Department of Defense; and between state, local, international, and private sector efforts in nanotechnology research and development; as well as how this coordination supports the goals and the mission needs of the entities involved; (3) a review of the funding levels by each agency for the program’s activities and their ability to achieve the program’s stated goals and grand challenges; (4) a review of the balance in the program’s portfolio and components across agencies and disciplines; (5) an assessment of the degree of participation in the program by minority serving institutions and institutions located in States participating in National Science Foundation’s Experimental Program to Stimulate Competitive Research (EPSCoR); (6) a review of policy issues resulting from advancements in nanotechnology and its effects on the scientific enterprise, commerce, workforce, competitiveness, national security, medicine, and government operations; (7) recommendations for new program goals and grand challenges; (8) recommendations for new research areas, partnerships, coordination and management mechanisms, or programs to be established to achieve the program’s stated goals and grand challenges; (9) recommendations for new investments by each participating agency in each program funding area for the 5-year period following the delivery of the report; (10) reviews and recommendations regarding other issues deemed pertinent or specified by the panel; and (11) a technology transition study which includes an evaluation of the Federal nanotechnology research and development program’s success in transitioning its research, technologies, and concepts into commercial and military products, including— (A) examples of successful transition of research, technologies, and concepts from the Federal nanotechnology research and development program into commercial and military products; (B) best practices of universities, government, and industry in promoting efficient and rapid technology transition in the nanotechnology sector; (C) barriers to efficient technology transition in the nanotechnology sector, including, but not limited to, standards, pace of technological change, qualification and testing of research products, intellectual property issues, and Federal funding; and (D) recommendations for government sponsored activities to promote rapid technology transition in the nanotechnology sector.", "id": "HA8C55AF03EC24B4D9BA9849CF3A7FA23", "header": "Reports" }, { "text": "9. Termination \nSection 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to this Act.", "id": "HBDD274ADFD0048A0A8F6E5C8A345D47D", "header": "Termination" }, { "text": "10. Authorization of Appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this Act.", "id": "HF2FD5A499C1A455AB24D059E715ECFC2", "header": "Authorization of Appropriations" } ]
9
1. Short title This Act may be cited as the Nanoscience and Nanotechnology Advisory Board Act of 2002. 2. Findings Congress makes the following findings: (1) The emerging fields of nanoscience and nanoengineering (collectively, “nanotechnology”), in which matter is manipulated at the atomic level in order to build materials, machines, and devices with novel properties or functions, are leading to unprecedented scientific and technological opportunities that will benefit society by changing the way many things are designed and made. (2) Long-term nanoscale research and development leading to potential breakthroughs in areas such as materials and manufacturing, electronics, medicine and health care, environment, energy, chemicals, biotechnology, agriculture, information technology, and national security could be as significant for the 21st century as the combined influences of microelectronics, biotechnology, and information technology were for the 20th century. (3) Long-term, high-risk research is necessary to create breakthroughs in technology. (4) Such research requires government funding since the benefits are too distant or uncertain for industry alone to support, and the Federal government can play an important role in the development of nanotechnology, as it will take many years of sustained investment for this field to achieve maturity. (5) Advancements in nanotechnology stemming from Federal investments in fundamental research and subsequent private sector development likely will create technologies that support the work and improve the efficiency of the Federal government, and contribute significantly to the efforts of the government’s mission agencies. (6) According to various estimates, including those of the National Science Foundation, the market for nanotechnology products and services in the United States alone could reach over $1 trillion later this century. (7) Mastering nanotechnology will require a unique skill set for scientists and engineers that combine chemistry, physics, materials science, and information science. (8) Funding in these critical areas has been flat for many years and as a result fewer young people are electing to go into these areas in graduate schools throughout the Nation, a trend which will have to reverse if we hope to develop the next generation of skilled workers with multidisciplinary perspectives necessary for the development of nanotechnology. (9) Research on nanotechnology creates unprecedented capabilities to alter ourselves and our environment and will give rise to a host of novel social, ethical, philosophical, and legal issues, and addressing these issues will require wide reflection and guidance that is responsive to the realities of the science, as well as additional research to predict, understand, and alleviate anticipated problems. (10) Achieving and maintaining international leadership in nanotechnology is an important national security issue for the Nation, and in addition to the plethora of devices that can be developed for use by the Defense Department, there are many other ways in which nanotechnology has national security implications. (11) The Executive Branch has previously established a National Nanotechnology Initiative (NNI) to coordinate Federal nanotechnology research and development programs and this initiative has contributed significantly to the development of nanotechnology. (12) Authorizing legislation can serve to establish new technology goals and research directions, improve agency coordination and oversight mechanisms, help ensure optimal returns on investments, and simplify reporting, budgeting, and planning processes for the Executive Branch and Congress. 3. Establishment There is established the Nanoscience and Nanotechnology Advisory Board (in this Act referred to as the Advisory Board ). The Advisory Board shall operate in coordination with the White House Office of Science and Technology Policy, and shall provide advice to the President and the National Science and Technology Council on research investment policy, strategy, program goals, and management processes relating to nanoscience and nanotechnology. 4. Membership (a) In General The President, in consultation with the Director of the White House Office of Science and Technology Policy, shall establish procedures for the selection if individuals not employed by the Federal government who are qualified in the science of nanotechnology and other appropriate fields and shall, pursuant to such procedures, appoint up to 20 individuals to serve on the Advisory Board. (b) Membership Qualifications Members of the Advisory Board shall be appointed from among leaders from industry and academia having scientific, technical, social science, or research management credentials. Members shall hold a reasonable cross-section of views and expertise regarding societal, ethical, educational, legal, and workforce issues related to nanotechnology. In selecting individuals to serve on the Advisory Board the President shall give due consideration to the recommendations of Congress, industry leaders, the scientific community (including the National Academy of Sciences), academia, the defense community, the education community, State and local governments, and other appropriate organizations. (c) Chairperson The President shall designate a Chairperson who shall serve for a term of 3 years. (d) Terms Each member of the Advisory Board shall be appointed for a term of 1 to 3 years, as determined by the President upon appointment, and may be reappointed when their terms expire. (e) Vacancies A vacancy on the Advisory Board shall be filled in the same manner in which the original appointment was made. (f) Compensation Members shall serve without pay but shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (g) Meetings The Advisory Board shall meet not less than 2 times per year, at the call of the Chairperson in consultation with the National Nanotechnology Coordination Office established under section 5 of this Act. 5. National Nanotechnology Coordination Office (a) Staff to Assist Advisory Board The President shall establish a National Nanotechnology Coordination Office to provide necessary technical and administrative support to the Advisory Board and to coordinate Federal nanotechnology activities between Federal agencies, private sector industry, and academia. (b) Applicability of Certain Civil Service Laws The staff of the National Nanotechnology Coordination Office established under subsection (a) shall be appointed subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates. 6. Duties The Advisory Board shall— (1) advise the President and the National Science and Technology Council, and inform the Congress, on matters relating to the National Nanotechnology Program, including— (A) the articulation of short-term (1 to 5 years), medium-range (6 to 10 years), and long-range (beyond 10 years) goals and objectives within the program; (B) the need for emphasis on the long-range goals that move results out of the laboratory and into the service of society; (C) the capabilities and research needs of the nanotechnology program; (D) methods or approaches for achieving major program objectives; (E) establishing and measuring performance goals using appropriate metrics; (F) approaches to increase multi-agency investments in research at the intersection between nanoscale technology and biology; (G) creation of programs for the invention and development of new instruments for nanoscience and the establishment of centers of excellence where these instruments can be used by a number of scientists, faculty, and students; (H) approaches to stimulate and nurture industrial partnerships, both domestically and internationally, to help accelerate the commercialization of nanotechnology developments; (I) approaches to addressing workforce issues through training grants, internships, fellowships, professional development, and retraining; and (J) the need to coordinate the nanoscale research and development activities and strategies of the civilian Federal agencies and the Department of Defense to maintain a balanced, integrated, and fully-coordinated Federal nanotechnology research effort; (2) consult with academic industrial entities, State and local governments and agencies, and other appropriate entities conducting research on and using nanotechnology; and (3) ensure that the Federal nanotechnology program considers fully the societal implications of nanoscale science and technology. 7. Reports The Advisory Board shall transmit an annual report to the President, the heads of each agency involved in the nanotechnology program, the Committee on Science of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate. The annual report shall include— (1) a review of the program’s technical success in achieving the stated goals and grand challenges according to the metrics established by the program and Advisory Panel; (2) a review of the program’s management and coordination among civilian Federal agencies; between these agencies and the Department of Defense; and between state, local, international, and private sector efforts in nanotechnology research and development; as well as how this coordination supports the goals and the mission needs of the entities involved; (3) a review of the funding levels by each agency for the program’s activities and their ability to achieve the program’s stated goals and grand challenges; (4) a review of the balance in the program’s portfolio and components across agencies and disciplines; (5) an assessment of the degree of participation in the program by minority serving institutions and institutions located in States participating in National Science Foundation’s Experimental Program to Stimulate Competitive Research (EPSCoR); (6) a review of policy issues resulting from advancements in nanotechnology and its effects on the scientific enterprise, commerce, workforce, competitiveness, national security, medicine, and government operations; (7) recommendations for new program goals and grand challenges; (8) recommendations for new research areas, partnerships, coordination and management mechanisms, or programs to be established to achieve the program’s stated goals and grand challenges; (9) recommendations for new investments by each participating agency in each program funding area for the 5-year period following the delivery of the report; (10) reviews and recommendations regarding other issues deemed pertinent or specified by the panel; and (11) a technology transition study which includes an evaluation of the Federal nanotechnology research and development program’s success in transitioning its research, technologies, and concepts into commercial and military products, including— (A) examples of successful transition of research, technologies, and concepts from the Federal nanotechnology research and development program into commercial and military products; (B) best practices of universities, government, and industry in promoting efficient and rapid technology transition in the nanotechnology sector; (C) barriers to efficient technology transition in the nanotechnology sector, including, but not limited to, standards, pace of technological change, qualification and testing of research products, intellectual property issues, and Federal funding; and (D) recommendations for government sponsored activities to promote rapid technology transition in the nanotechnology sector. 9. Termination Section 14(a)(2)(B) of the Federal Advisory Committee Act (5 U.S.C. App.; relating to the termination of advisory committees) shall not apply to this Act. 10. Authorization of Appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act.
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To provide for and approve the settlement of certain land claims of the Bay Mills & Indian Community
[ { "text": "1. Definitions \nFor the purposes of this Act, the following definitions apply: (1) Alternative lands \nThe term alternative lands means those lands identified as alternative lands in the Settlement of Land Claim. (2) Charlotte beach lands \nThe term Charlotte Beach lands means those lands in the Charlotte Beach area of Michigan and described as follows: Government Lots 1, 2, 3, and 4 of Section 7, T45N, R2E, and Lot 1 of Section 18, T45N, R2E, Chippewa County, State of Michigan. (3) Community \nThe term Community means the Bay Mills Indian Community, a federally recognized Indian tribe. (4) Settlement of land claim \nThe term Settlement of Land Claim means the agreement between the Community and the Governor of the State of Michigan executed on August 23, 2002, and filed with the Office of Secretary of State of the State of Michigan. (5) Secretary \nThe term Secretary means the Secretary of the Interior.", "id": "HBE4FE88014644B649F849F5DFB9626C8", "header": "Definitions" }, { "text": "2. Acceptance of alternative lands and extinguishment of claims \n(a) Land into Trust; part of reservation \nUpon the date of enactment of this Act— (1) the Secretary shall take the alternative lands into trust for the benefit of the Community within 30 days of receiving a title insurance policy for the alternative lands which shows that the alternative lands are not subject to mortgages, liens, deeds of trust, options to purchase, or other security interests; and (2) the alternative lands shall become part of the Community’s reservation immediately upon attaining trust status. (b) Gaming \nThe alternative lands are to be taken into trust as provided in this section as part of the settlement and extinguishment of the Community’s Charlotte Beach land claims, and so shall be deemed lands obtained in settlement of a land claim within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2719; Public Law 100–497). (c) Charlie \n(c) Extinguishment of claims \nUpon the date of enactment of this Act, any and all claims by the Community to the Charlotte Beach lands or against the United States, the State of Michigan or any subdivision thereof, the Governor of the State of Michigan, or any other person or entity by the Community based on or relating to claims to the Charlotte Beach lands (including without limitation, claims for trespass damages, use, or occupancy), whether based on aboriginal or recognized title, are hereby extinguished. The extinguishment of these claims is in consideration for the benefits to the Community under this Act.", "id": "H1FAA7F2E0BD446F18FFCEA2F6F9B9982", "header": "Acceptance of alternative lands and extinguishment of claims" }, { "text": "3. Effectuation and ratification of agreement \nThe United States approves, ratifies, and confirms the Settlement of Land Claim. The terms of this Settlement of Land Claim are hereby incorporated into this Act and those terms shall be in full force and effect. The Settlement of Land Claim is hereby made enforceable by either the Community or the Governor according to its terms. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the Western District of Michigan. The Secretary shall publish the text of the Settlement of Land Claim in the Federal Register", "id": "H89D2C4E6B46644CC835581B732558D08", "header": "Effectuation and ratification of agreement" } ]
3
1. Definitions For the purposes of this Act, the following definitions apply: (1) Alternative lands The term alternative lands means those lands identified as alternative lands in the Settlement of Land Claim. (2) Charlotte beach lands The term Charlotte Beach lands means those lands in the Charlotte Beach area of Michigan and described as follows: Government Lots 1, 2, 3, and 4 of Section 7, T45N, R2E, and Lot 1 of Section 18, T45N, R2E, Chippewa County, State of Michigan. (3) Community The term Community means the Bay Mills Indian Community, a federally recognized Indian tribe. (4) Settlement of land claim The term Settlement of Land Claim means the agreement between the Community and the Governor of the State of Michigan executed on August 23, 2002, and filed with the Office of Secretary of State of the State of Michigan. (5) Secretary The term Secretary means the Secretary of the Interior. 2. Acceptance of alternative lands and extinguishment of claims (a) Land into Trust; part of reservation Upon the date of enactment of this Act— (1) the Secretary shall take the alternative lands into trust for the benefit of the Community within 30 days of receiving a title insurance policy for the alternative lands which shows that the alternative lands are not subject to mortgages, liens, deeds of trust, options to purchase, or other security interests; and (2) the alternative lands shall become part of the Community’s reservation immediately upon attaining trust status. (b) Gaming The alternative lands are to be taken into trust as provided in this section as part of the settlement and extinguishment of the Community’s Charlotte Beach land claims, and so shall be deemed lands obtained in settlement of a land claim within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act (25 U.S.C. 2719; Public Law 100–497). (c) Charlie (c) Extinguishment of claims Upon the date of enactment of this Act, any and all claims by the Community to the Charlotte Beach lands or against the United States, the State of Michigan or any subdivision thereof, the Governor of the State of Michigan, or any other person or entity by the Community based on or relating to claims to the Charlotte Beach lands (including without limitation, claims for trespass damages, use, or occupancy), whether based on aboriginal or recognized title, are hereby extinguished. The extinguishment of these claims is in consideration for the benefits to the Community under this Act. 3. Effectuation and ratification of agreement The United States approves, ratifies, and confirms the Settlement of Land Claim. The terms of this Settlement of Land Claim are hereby incorporated into this Act and those terms shall be in full force and effect. The Settlement of Land Claim is hereby made enforceable by either the Community or the Governor according to its terms. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the Western District of Michigan. The Secretary shall publish the text of the Settlement of Land Claim in the Federal Register
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107
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5,652
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To designate a paid legal public holiday in honor of Native Americans.
[ { "text": "1. Findings \nCongress finds the following: (1) Native Americans were the original inhabitants of the land that now constitutes the United States. (2) Native American tribal governments developed the fundamental principles of freedom of speech and separation of powers that form the foundation of the United States Government. (3) Native Americans have traditionally exhibited respect for our finite natural resources through a deep reverence for the Earth. (4) Native Americans have served with valor in all of the Nation's wars beginning with the Revolutionary War through the present day, and often the percentage of Native American Indians who served exceeded significantly the percentage of Americans in the population of the United States as a whole, showing the disproportionate commitment of Native Americans to the Nation. (5) Native Americans have made distinct and important contributions to the United States and the rest of the world in many fields, including agriculture, medicine, music, language, art, and as inventors, entrepreneurs, spiritual leaders, and scholars. (6) Native Americans deserve to be recognized for their individual contributions to the United States as local and national leaders, artists, athletes, and scholars. (7) This recognition will encourage self-esteem, pride, and self-awareness in Native Americans of all ages about the significant role their ancestors and heritage played in the formation of the freest country in the world, the United States. (8) This recognition will allow all Americans of whatever background to show respect and admiration to Native Americans for their important contributions to the political, cultural, and economic life of the United States and the richness of its cultural fabric. (9) Bringing about a legal public holiday for Native Americans will show a strong united government-to-government relationship between each of the Native American Nations and the Federal Government.", "id": "H7B0267C797B14CD9A2B6C7AE686890F4", "header": "Findings" }, { "text": "2. Designation of Native American’s Day \nCongress requests that_ (1) the President issue a proclamation designating a paid legal public holiday as Native American's Day ; and (2) Federal, State, and local governments, interested groups and organizations, and the people of the United States to observe Native American’s Day with programs, appropriate ceremonies, and activities.", "id": "HD7E9F6D19F1543CA8553E178B0A255E3", "header": "Designation of Native American’s Day" } ]
2
1. Findings Congress finds the following: (1) Native Americans were the original inhabitants of the land that now constitutes the United States. (2) Native American tribal governments developed the fundamental principles of freedom of speech and separation of powers that form the foundation of the United States Government. (3) Native Americans have traditionally exhibited respect for our finite natural resources through a deep reverence for the Earth. (4) Native Americans have served with valor in all of the Nation's wars beginning with the Revolutionary War through the present day, and often the percentage of Native American Indians who served exceeded significantly the percentage of Americans in the population of the United States as a whole, showing the disproportionate commitment of Native Americans to the Nation. (5) Native Americans have made distinct and important contributions to the United States and the rest of the world in many fields, including agriculture, medicine, music, language, art, and as inventors, entrepreneurs, spiritual leaders, and scholars. (6) Native Americans deserve to be recognized for their individual contributions to the United States as local and national leaders, artists, athletes, and scholars. (7) This recognition will encourage self-esteem, pride, and self-awareness in Native Americans of all ages about the significant role their ancestors and heritage played in the formation of the freest country in the world, the United States. (8) This recognition will allow all Americans of whatever background to show respect and admiration to Native Americans for their important contributions to the political, cultural, and economic life of the United States and the richness of its cultural fabric. (9) Bringing about a legal public holiday for Native Americans will show a strong united government-to-government relationship between each of the Native American Nations and the Federal Government. 2. Designation of Native American’s Day Congress requests that_ (1) the President issue a proclamation designating a paid legal public holiday as Native American's Day ; and (2) Federal, State, and local governments, interested groups and organizations, and the people of the United States to observe Native American’s Day with programs, appropriate ceremonies, and activities.
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107
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5,730
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To relocate the drydock vessel EX-COMPETENT.
[ { "text": "1. Drydock vessel ex-competent \n(a) Removal of vessel from hawaii \nWithin 12 months after the appropriation of the amount authorized by subsection (f), the drydock vessel EX-COMPETENT, also known as the AFDM–6, shall be towed from its present location in the State of Hawaii to a location outside of Hawaii specified by the transferee of the EX-COMPETENT. (b) Use of vessel \nUntil the later of the date on which the EX-COMPETENT is towed as required by subsection (a) or the date that is 12 months after the date of enactment of this Act, the transferee may use the EX-COMPETENT as a drydock in the State of Hawaii. (c) Transfer of title \nThe transfer in 2001 of the EX-COMPETENT by the United States Government to the transferee through the Alaska State Office for Surplus Property is ratified and confirmed, and the vessel title held by the transferee as a result of that transfer shall be free and clear of all conditions and restrictions. (d) Federal donation program in alaska \nThe transferee, including any affiliate of the transferee, is reinstated to good standing and eligibility to participate in the Administrator's Federal Donation Program in Alaska; any deferral from participation in that program by the transferee or its affiliate is terminated; and the transfer of any vessel under that program to the transferee prior to the date of enactment of this Act is deemed to be in full compliance with applicable conditions and restrictions. (e) Vessel scrapping pilot project \nThere is established within the Maritime Administration a 5-year pilot project under which the transferee, or an affiliate of the transferee, shall remove and dismantle, using the drydock vessel EX-COMPETENT as appropriate, up to 20 vessels of the National Defense Reserve Fleet now located on the Pacific Coast of the United States. The terms and conditions under which the project shall be carried out shall be provided in a contract negotiated with the transferee, or an affiliate of the transferee, under section 8(a) of the Small Business Act, to facilitate economic development and job training. (f) Authorization of appropriations \nThere are authorized to be appropriated to the Administrator $7,200,000 for an advance direct lump-sum payment to the transferee. Such sum may be used by the transferee for costs, including the cost of repair and cleanup of the drydock vessel EX-COMPETENT, relocation of the vessel (including preparation for relocation), and site preparation for the use of the vessel in its new location outside of the State of Hawaii. Payment under this subsection shall receive the same exemption as provided for fund revenues under section 21(a) of Public Law 92–203, approved December 18, 1971. (g) Other federal surplus property programs \nThe Administrator shall not require another civilian Federal agency with a surplus property program to execute a Standard Form 122 as a condition of the transfer of surplus property to an eligible participant under that agency s regulations, and the participant s use of the property shall be controlled by those regulations (h) Definition \nIn this section, the term— (1) Administrator means the Administrator of General Services; and (2) transferee means the corporation that received the drydock vessel EX-COMPETENT as surplus government property from the General Services Administration on January 19, 2001.", "id": "HF21F5CBD24A943F79054B6E0DB849501", "header": "Drydock vessel ex-competent" } ]
1
1. Drydock vessel ex-competent (a) Removal of vessel from hawaii Within 12 months after the appropriation of the amount authorized by subsection (f), the drydock vessel EX-COMPETENT, also known as the AFDM–6, shall be towed from its present location in the State of Hawaii to a location outside of Hawaii specified by the transferee of the EX-COMPETENT. (b) Use of vessel Until the later of the date on which the EX-COMPETENT is towed as required by subsection (a) or the date that is 12 months after the date of enactment of this Act, the transferee may use the EX-COMPETENT as a drydock in the State of Hawaii. (c) Transfer of title The transfer in 2001 of the EX-COMPETENT by the United States Government to the transferee through the Alaska State Office for Surplus Property is ratified and confirmed, and the vessel title held by the transferee as a result of that transfer shall be free and clear of all conditions and restrictions. (d) Federal donation program in alaska The transferee, including any affiliate of the transferee, is reinstated to good standing and eligibility to participate in the Administrator's Federal Donation Program in Alaska; any deferral from participation in that program by the transferee or its affiliate is terminated; and the transfer of any vessel under that program to the transferee prior to the date of enactment of this Act is deemed to be in full compliance with applicable conditions and restrictions. (e) Vessel scrapping pilot project There is established within the Maritime Administration a 5-year pilot project under which the transferee, or an affiliate of the transferee, shall remove and dismantle, using the drydock vessel EX-COMPETENT as appropriate, up to 20 vessels of the National Defense Reserve Fleet now located on the Pacific Coast of the United States. The terms and conditions under which the project shall be carried out shall be provided in a contract negotiated with the transferee, or an affiliate of the transferee, under section 8(a) of the Small Business Act, to facilitate economic development and job training. (f) Authorization of appropriations There are authorized to be appropriated to the Administrator $7,200,000 for an advance direct lump-sum payment to the transferee. Such sum may be used by the transferee for costs, including the cost of repair and cleanup of the drydock vessel EX-COMPETENT, relocation of the vessel (including preparation for relocation), and site preparation for the use of the vessel in its new location outside of the State of Hawaii. Payment under this subsection shall receive the same exemption as provided for fund revenues under section 21(a) of Public Law 92–203, approved December 18, 1971. (g) Other federal surplus property programs The Administrator shall not require another civilian Federal agency with a surplus property program to execute a Standard Form 122 as a condition of the transfer of surplus property to an eligible participant under that agency s regulations, and the participant s use of the property shall be controlled by those regulations (h) Definition In this section, the term— (1) Administrator means the Administrator of General Services; and (2) transferee means the corporation that received the drydock vessel EX-COMPETENT as surplus government property from the General Services Administration on January 19, 2001.
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5,438
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To require the Securities and Exchange Commission to report to the Congress on accounting for intangible assets
[ { "text": "1. Short title \nThis Act may be cited as the Valuation of Intangible Assets Act of 2002.", "id": "HE0D7D258630D46A3838F4717D8DC3EF8", "header": "Short title" }, { "text": "2. Report required \n(a) SEC evaluation required \nThe Securities and Exchange Commission, in consultation with experts and practictioners from industry, academia, the accounting profession, and investors, shall— (1) evaluate the general usefulness of financial statements prepared under generally accepted accounting principles in providing accurate information to investors about intangible assets and operating performance measures; (2) consider the impact that shortcomings in generally accepted accounting principles have on securities market volatility, capital allocation, and the ability of investors to make sound judgments about valuation; (3) consider methods to better identify, value, and account for purchased and internally generated intangible assets; (4) examine the general questions surrounding the role of intangible assets in financial reporting in the economy; and (5) examine how enhanced disclosure can be accomplished without exposing industries or companies to increased litigation. (b) Deadline for submission of report \nNot later than 9 months after the date of the enactment of this Act, the Commission shall submit a report to the Congress on the evaluation required by subsection (a). Such report shall contain a detailed statement of the Commission's recommendations, findings, and conclusions, and may contain minority or individual member's views.", "id": "HFDC1916576A24F85BBE5666348439B77", "header": "Report required" } ]
2
1. Short title This Act may be cited as the Valuation of Intangible Assets Act of 2002. 2. Report required (a) SEC evaluation required The Securities and Exchange Commission, in consultation with experts and practictioners from industry, academia, the accounting profession, and investors, shall— (1) evaluate the general usefulness of financial statements prepared under generally accepted accounting principles in providing accurate information to investors about intangible assets and operating performance measures; (2) consider the impact that shortcomings in generally accepted accounting principles have on securities market volatility, capital allocation, and the ability of investors to make sound judgments about valuation; (3) consider methods to better identify, value, and account for purchased and internally generated intangible assets; (4) examine the general questions surrounding the role of intangible assets in financial reporting in the economy; and (5) examine how enhanced disclosure can be accomplished without exposing industries or companies to increased litigation. (b) Deadline for submission of report Not later than 9 months after the date of the enactment of this Act, the Commission shall submit a report to the Congress on the evaluation required by subsection (a). Such report shall contain a detailed statement of the Commission's recommendations, findings, and conclusions, and may contain minority or individual member's views.
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107
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5,414
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To facilitate check truncation by authorizing substitute checks, to foster innovation in the check collection system without mandating receipt of checks in electronic form, and to improve the overall efficiency of the Nation's payments system, and for other purposes
[ { "text": "1. Short title; findings; purposes \n(a) Short title \nThis Act may be cited as the Check Clearing for the 21st Century Act. (b) Findings \nThe Congress finds as follows: (1) In the Expedited Funds Availability Act, enacted on August 10, 1987, the Congress directed the Board of Governors of the Federal Reserve System to consider establishing regulations requiring Federal reserve banks and depository institutions to provide for check truncation, in order to improve the check processing system. (2) In that same Act, the Congress— (A) provided the Board of Governors of the Federal Reserve System with full authority to regulate all aspects of the payment system, including the receipt, payment, collection, and clearing of checks, and related functions of the payment system pertaining to checks, and (B) directed that the exercise of such authority by the Board superseded any State law, including the Uniform Commercial Code, as in effect in any State. (3) Check truncation is no less desirable today for both financial service customers and the financial services industry, to reduce costs, improve efficiency in check collections, and expedite funds availability for customers than it was over 15 years ago when Congress first directed the Board to consider establishing such a process. (c) Purposes \nThe purposes of this Act are as follows: (1) To facilitate check truncation by authorizing substitute checks. (2) To foster innovation in the check collection system without mandating receipt of checks in electronic form. (3) To improve the overall efficiency of the Nation's payments system.", "id": "HAEA04ADD81E64E4795A601B1AA4BBCA9", "header": "Short title; findings; purposes" }, { "text": "2. Definitions \nFor purposes of this Act, the following definitions shall apply: (1) Account \nThe term account means a deposit account at a bank. (2) Bank \nThe term bank — (A) means any person located in a State engaged in the business of banking, including any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act); and (B) includes— (i) any Federal reserve bank; (ii) any Federal home loan bank; and (iii) to the extent it acts as a payor— (I) the Treasury of the United States; (II) the United States Postal Service; (III) a State government; and (IV) a unit of general local government. (3) Banking day \nThe term banking day means that part of any business day during which an office of a bank is open to the public for carrying on substantially all of the banking business of the bank. (4) Banking terms \n(A) Collecting bank \nThe term collecting bank means any bank handling a check for collection except the paying bank. (B) Depositary bank \n(i) In general \nThe term “depositary bank” means the first bank to which a check is transferred even though it is also the paying bank or the payee. (ii) Treated as depositary bank in case of check deposit \nA bank shall be treated as the depository bank, for purposes of this Act, if a check is transferred for deposit in a customer account at such bank, even though the check is physically received and indorsed first by another bank. (C) Paying bank \nThe term paying bank means— (i) the bank by which a check is payable, unless the check is payable at another bank and is sent to the other bank for payment or collection; (ii) the bank at which a check is payable and to which it is sent for payment or collection; (iii) the Federal reserve bank or Federal home loan bank by which a check is payable; (iv) the bank through which a check is payable and to which it is sent for payment or collection, if the check is not payable by a bank; (v) the State or unit of general local government on which a check is drawn and to which it is sent for payment or collection; (vi) the bank through which a check is payable and to which the check is sent for payment or collection, regardless of whether the check is payable by another bank; and (vii) the bank whose routing number appears on a check in fractional form or in the MICR line and to which the check is sent for payment or collection. (D) Returning bank \n(i) In general \nThe term “returning bank” means a bank (other than the paying or depositary bank) handling a returned check or notice in lieu of return. (ii) Treatment as collecting bank \nNo provision of this Act shall be construed as affecting the treatment of a returning bank as a collecting bank for purposes of section 4—202(b) of the Uniform Commercial Code. (5) Board \nThe term Board means the Board of Governors of the Federal Reserve System. (6) Business day \nThe term business day has the same meaning as in section 602(3) of the Expedited Funds Availability Act. (7) Check \nThe term check — (A) means a draft, payable on demand and drawn on or payable through or at an office of a bank, whether or not negotiable, that is handled for forward collection or return, including a substitute check; and (B) does not include a noncash item or an item payable in a medium other than United States dollars. (8) Consumer \nThe term consumer means an individual who— (A) with respect to a check handled for forward collection, draws the check on a consumer account; and (B) with respect to a check handled for return, deposits the check into, or cashes the check against, a consumer account. (9) Consumer account \nThe term consumer account has the same meaning as in section 602(10) of the Expedited Funds Availability Act. (10) Customer \n(11) Forward collection \nThe term “forward collection” means the transfer by a bank of a check to a collecting bank for settlement or the paying bank for payment. (12) Indemnifying bank \nThe term indemnifying bank means a bank that is providing an indemnity under section 5 with respect to a substitute check. (13) MICR line \nThe terms MICR line and magnetic ink character recognition line mean the numbers, which may include the bank routing number, account number, check number, check amount, and other information printed near the bottom of a check in magnetic ink in accordance with generally applicable industry standards. (14) Noncash item \nThe term noncash item has the same meaning as in section 602(14) of the Expedited Funds Availability Act. (15) Person \nThe term person includes a government unit or instrumentality. (16) Reconverting bank \n(A) In general \nThe term reconverting bank means the bank that creates a substitute check. (B) If substitute check is not created by a bank \nIf a substitute check is created by a person other than a bank, the term reconverting bank means the first bank that transfers or presents such substitute check. (17) Substitute check \nThe term substitute check means a paper reproduction of the original check that— (A) contains an image of the front and back of the original check; (B) bears an MICR line containing all information required under generally applicable industry standards for substitute checks; (C) conforms, in paper stock, dimension, and otherwise, with generally applicable industry standards for substitute checks; and (D) is suitable for automated processing in the same manner as the original check. (18) State \nThe term State has the same meaning as in section 3(a)(3) of the Federal Deposit Insurance Act. (19) Truncate \nThe term truncate means to remove an original paper check from the check collection or return process and send to a recipient, in lieu of such original paper check, a substitute check or, by agreement, information relating to the original check (including data taken from the MICR line of the original check or an electronic image of the original check), whether with or without subsequent delivery of the original paper check. (20) Uniform commercial code \nThe term Uniform Commercial Code means the Uniform Commercial Code in effect in a State. (21) Unit of general local government \nThe term unit of general local government has the same meaning as in section 602(24) of the Expedited Funds Availability Act. (22) Other terms \nUnless the context requires otherwise, the terms not defined in this section shall have the same meanings as in the Uniform Commercial Code.", "id": "H2F583FAD51E848C0AB585443695F0790", "header": "Definitions" }, { "text": "3. General provisions governing substitute checks \n(a) No agreement required \nA person may deposit, present, or send for collection or return a substitute check without an agreement with the recipient, to the extent the bank is treated as having made the warranties in section 4 as a matter of law with respect to such substitute check. (b) Legal equivalence \nA substitute check shall be the legal equivalent of the original check for all purposes, including any provision of any Federal or State law, and for all persons if the substitute check— (1) accurately represents all of the information on the front and back of the original check as of the time the original check was truncated; and (2) bears the legend: This is a legal copy of your check. You can use it the same way you would use the original check.. (c) Endorsements \nA reconverting bank shall ensure that the substitute check that is created by the bank bears all endorsements applied by parties that previously handled the check (whether in electronic form or in the form of the original paper check or a substitute check) for forward collection or return. (d) Identification of reconverting bank \nA reconverting bank shall identify itself as a reconverting bank on any substitute check such bank creates so as to preserve any previous reconverting bank identifications in conformance with generally applicable industry standards. (e) Applicable law \nA substitute check that is the legal equivalent of the original check under subsection (b) shall be subject to any provision of part 229 of title 12 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act), the Uniform Commercial Code, and any other applicable Federal or State law that would apply if such substitute check were the original check, to the extent such provision of law is not inconsistent with this Act.", "id": "HF55FA11BBA7541EF854757B538016E4", "header": "General provisions governing substitute checks" }, { "text": "4. Substitute check warranties \nA bank that transfers, presents, or returns a substitute check and receives consideration for the check shall be deemed to have warranted to the transferee, any subsequent collecting or returning bank, the depositary bank, the drawee, the drawer, the payee, the depositor, and any endorser (regardless of whether the warrantee receives the substitute check or another paper or electronic form of the substitute or original check) that— (1) the substitute check meets all the requirements for legal equivalence under section 3(b); and (2) no depositary bank, drawee, drawer, or endorser will receive presentment or return of the substitute check, the original check, or a copy or other paper or electronic version of the substitute check or original check such that it will be asked to make a payment based on a check it has already paid.", "id": "HE879233763AD4759AB03B8A0927CCA5D", "header": "Substitute check warranties" }, { "text": "5. Indemnity \n(a) Indemnity \nA reconverting bank that creates a substitute check, and each bank that subsequently transfers, presents, or returns that substitute check in any electronic or paper form, and receives consideration for such transfer, presentment, or return shall be deemed to have indemnified the transferee, any subsequent collecting or returning bank, the depositary bank, the drawee, the drawer, the payee, the depositor, and any endorser, up to the amount described in subsections (b) and (c), to the extent of any loss incurred by any recipient of a substitute check if that loss occurred due to the receipt of a substitute check instead of the original check. (b) Indemnity amount \n(1) Amount in event of breach of warranty \nThe amount of the indemnity under subsection (a) shall be the amount of any loss (including costs and reasonable attorney’s fees and other expenses of representation) proximately caused by a breach of a warranty established by operation of section 4. (2) Amount in absence of breach of warranty \nIn the absence of a breach of a warranty established by operation of section 4, the amount of the indemnity shall be the sum of— (A) the amount of any loss, up to the amount of the substitute check; and (B) interest and expenses (including costs and reasonable attorney’s fees and other expenses of representation). (c) Comparative negligence \nIf a loss described in subsection (a) results in whole or in part from the negligence or failure to act in good faith on the part of an indemnified party, then that party's indemnification under this section shall be reduced in proportion to the amount of negligence or bad faith attributable to that party. (d) Effect of producing original check or substitute check \n(1) In general \nIf the indemnifying bank produces the original check or substitute check, the indemnifying bank shall— (A) be liable only for losses covered by the indemnity that are incurred up to the time the original check or substitute check is provided to the indemnified party; and (B) have a right to the return of any funds it has paid under the indemnity in excess of those losses. (2) Coordination of indemnity with implied warranty \nThe production of the original check or substitute check in accordance with paragraph (1) by an indemnifying bank shall not absolve the bank from any liability on a warranty established under this Act or any other provision of law. (e) Subrogation of rights \n(1) In general \nEach indemnifying bank shall be subrogated to the rights of any indemnified party to the extent of the indemnity. (2) Recovery under warranty \nA bank that indemnifies a party under this section may attempt to recover from another party based on a warranty or other claim. (3) Duty of indemnified party \nEach indemnified party shall have a duty to comply with all reasonable requests for assistance from an indemnifying bank in connection with any claim the indemnifying bank brings against a warrantor or other party related to a check that forms the basis for the indemnification.", "id": "H21CA81D2096543A09B20FB25DBCF8E98", "header": "Indemnity" }, { "text": "6. Expedited recredit for consumers \n(a) Recredit Claims \n(1) In general \nSubject to subsection (f), a customer who is a consumer may make a claim for expedited recredit from the bank that holds the customer's account with respect to a substitute check if the customer asserts in good faith that— (A) the bank charged the customer's account for a substitute check that was provided to the customer; (B) either— (i) the check was not properly charged to, or chargeable against, such account; or (ii) the customer has a warranty claim with respect to such substitute check; (C) the customer suffered a resulting loss; and (D) the production of the original check or substitute check is necessary to determine the validity of any claim described in subparagraph (B). (2) 30-day period \nAny claim under paragraph (1) with respect to a customer account may be submitted by a customer before the end of the 30-day period beginning on the later of— (A) the date on which the customer receives the periodic statement of account for such account which contains information concerning the transaction giving rise to the claim; or (B) the date the substitute check is made available to the customer. (3) Extension under extenuating circumstances \nIf the customer's ability to submit the claim within the 30-day period referred to in paragraph (2) is delayed due to extenuating circumstances, including extended travel or the illness of the customer, the 30-day period may be extended for a total of not to exceed 30 additional days, in accordance with regulations prescribed by the Board. (b) Procedures For Claims \n(1) In general \nTo make a claim for an expedited recredit under subsection (a) with respect to a substitute check, the customer shall provide to the bank that holds the customer account of such customer the following: (A) A description of the claim, including an explanation of— (i) why the substitute check was not properly charged to, or chargeable against, the customer's account; or (ii) the warranty claim with respect to such check. (B) A statement that the customer suffered a loss and an estimate of the amount of the loss. (C) The reason why production of the original check or substitute check is necessary to determine the validity of the charge to the customer's account or the warranty claim. (D) Sufficient information to identify the substitute check and to investigate the claim. (2) Claim in writing \nThe bank holding the customer account that is the subject of a claim by the customer under subsection (a) may, in the discretion of the bank, require the customer to submit the information required under paragraph (1) in writing. (c) Recredit to customer \n(1) Prompt action required \nIf a customer submits a claim to a bank under subsection (a) (with respect to a substitute check) that meets the requirements of subsection (b), the bank shall, by the end of the 10th business day following the banking day on which the customer submits such claim to the bank— (A) produce the original or substitute check and demonstrate to the customer that the substitute check was properly charged to the customer account of the customer; or (B) recredit the customer account of the customer in an amount equal to the sum of— (i) an amount not to exceed the lesser of— (II) the amount of the substitute check that was improperly charged against the customer account; or (III) $2,500; and (ii) interest on the amount recredited under clause (i). (2) Recredit of amounts in excess of $2500 \nIf, in connection with a claim by a customer under subsection (a) with respect to a substitute check, the bank determines that an amount in excess of any amount recredited to the customer account of the customer under paragraph (1) was improperly charged against the customer account in connection with such check, the bank shall credit the customer account for such excess amount, plus interest, before the end of the business day following the banking day on which the bank makes such determination. (3) Period for determination \nA bank shall make a determination with respect to the validity of a claim by a customer under subsection (a) for purposes of paragraph (2) no later than 45 calendar days after the banking day on which the customer submits the claim in accordance with subsection (b). (d) Availability of recredit \n(1) Next business day availability \nExcept as provided in paragraphs (2) and (3), a bank that provides a recredit to a customer account under subsection (c) shall make the recredited funds available for withdrawal by the customer by the start of the next business day after the business day by which the bank is required to recredit the customer under subsection (c). (2) Safeguard exceptions \nSubject to paragraph (4), a bank may delay availability to a customer of a recredit provided to a customer account under subsection (c) until the start of the 45th business day following the banking day on which the customer submits a claim for such recredit in accordance with subsection (b) in any of the following cases: (A) New accounts \nThe claim is made during the 30-day period beginning on the banking day the customer account was established. (B) Repeated overdrafts \nWithout regard to the charge that is the subject of the claim for which the recredit was made— (i) on 6 or more banking days during the 6-month period ending on the date the customer submits the claim, the balance in the customer account was negative or would have become negative if checks or other charges to the account had been paid, or (ii) on 2 or more banking days during such 6-month period, the balance in the customer account was negative or would have become negative in the amount of $5,000 or more if checks or other charges to the account had been paid. (C) Prevention of fraud losses \nThe bank has reasonable cause to believe that the claim is fraudulent, based on facts (other than the fact that the check in question or the customer is of a particular class) that would cause a well-grounded belief in the mind of a reasonable person that the claim is fraudulent. (3) Emergency conditions \nIf there has been an interruption of communications, computer, or equipment facilities, or other emergency condition beyond the control of the bank, the bank may delay availability of a recredit provided to a customer account under subsection (c) until a reasonable period after the emergency has ceased, to the extent the bank exercises such diligence as the circumstances require and complies with paragraph (4). (4) Notice to customer \n(A) Prompt notice of delay in availability \nA bank that, in accordance with paragraph (2) or (3), delays the availability of a recredit under subsection (c) to any customer account shall notify the customer of such delay— (i) at the time of the recredit; or (ii) if the determination is made after the recredit, in as expeditious a manner as possible after the delay is put into effect. (B) Overdraft fees \nNo bank that, in accordance with paragraph (2) or (3), delays the availability of a recredit under subsection (c) to any customer account may impose any overdraft fees with respect to drafts drawn by the customer on such recredited amount before the end of the 5-day period beginning on the date the notice under subparagraph (A) with respect to the availability of such amount was sent by the bank to the customer. (e) Reversal of Recredit \nIf a bank determines that a substitute check for which the bank recredited a customer account under subsection (c) was in fact properly charged to the customer account, the bank may reverse the recredit to the customer account if, upon reversing the recredited amount, the bank— (1) notifies the customer of the date and the amount of the reversal; (2) provides the original check or the substitute check to the customer; and (3) provides the customer with an explanation of the basis for the determination by the bank that the substitute check had been properly charged, including copies of any information or documents on which the bank relied in making such determination. (f) Preservation of rights \nIn any case described in subparagraph (A) and (B) of subsection (a)(1) involving a substitute check, the customer shall have the rights and protections provided under part 229 of title 12 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act, the Uniform Commercial Code, and any other applicable Federal or State law that would apply in such case had the customer been provided the original check. (g) Scope of application \nThis section shall only apply to customers who are consumers.", "id": "HFF087705CC5D4E94B23C00914BEDC82B", "header": "Expedited recredit for consumers" }, { "text": "7. Expedited recredit procedures for banks \n(a) Recredit Claims \n(1) In general \nA bank may make a claim against an indemnifying bank for expedited recredit for which that bank is indemnified if— (A) the claimant bank (or a bank it has indemnified) has received a claim for expedited recredit from a customer under section 6 with respect to such substitute check or would have been subject to such a claim had the customer's account been charged; (B) the claimant bank has suffered a resulting loss or is obligated to recredit a customer account under section 6 with respect to such check; and (C) production of the original check or substitute check is necessary to determine the validity of the charge to the customer account or any warranty claim connected with such substitute check. (2) 120-day period \nAny claim under paragraph (1) may be submitted by the claimant bank to an indemnifying bank before the end of the 120-day beginning on the date of the transaction that gave rise to the claim. (3) Claimant bank defined \nFor purposes of this section, the term claimant bank means a bank which submits a claim under this subsection to an indemnifying bank. (b) Procedures For Claims \n(1) In general \nTo make a claim under subsection (a) for an expedited recredit relating to a substitute check, the claimant bank shall provide to the indemnifying bank the following: (A) A description— (i) of the claim, including an explanation of why the substitute check cannot be properly charged to the customer account; or (ii) a description of the warranty claim. (B) A statement that the claimant bank has suffered a loss or is obligated to recredit a customer's account under section 6, together with an estimate of the amount of the loss or recredit. (C) The reason why production of the original check or substitute check is necessary to determine the validity of the charge to the customer account or the warranty claim. (D) Information sufficient for the indemnifying bank to identify the substitute check and to investigate the claim. (2) Requirements relating to copies of substitute checks \nIf the information submitted by a claimant bank pursuant to paragraph (1) in connection with a claim for an expedited recredit includes a copy of any substitute check for which any such claim is made, the claimant bank shall take reasonable steps to ensure that any such copy cannot be— (A) mistaken for the legal equivalent of the check under section 3(b); or (B) sent or handled by any bank, including the indemnifying bank, as forward collection or returned checks. (3) Claim in writing \nAt the request of the indemnifying bank, the claimant bank shall provide a copy of any written claim submitted by a customer in accordance with section 6(b), if the claimant bank has obtained such customer’s claim in writing. (c) Recredit by indemnifying bank \n(1) Prompt action required \nNo later than 10 business days after the business day an indemnifying bank receives a claim under subsection (a) from a claimant bank with respect to a substitute check, the indemnifying bank shall— (A) provide the original check (with respect to such substitute check) or another substitute check to the claimant bank; (B) recredit the claimant bank for the amount of the claim up to the amount of the substitute check, plus interest; or (C) provide information to the claimant bank as to why the indemnifying bank is not obligated to perform the service described in subparagraph (A) or (B). (2) Recredit does not abrogate other liabilities \nProviding a recredit under this subsection to a claimant bank with respect to a substitute check shall not absolve the indemnifying bank from any liability for additional damages under section 5 or 8 with respect to such check. (3) Refund to indemnifying bank \nIf a claimant bank reverses, in accordance with section 6(e), a recredit previously made to a customer account under section 6(c) in connection with a substitute check or otherwise receives a credit or recredit with regard to such substitute check, the claimant bank shall promptly refund to any indemnifying bank any amount previously advanced by the indemnifying bank in connection with such substitute check. (d) Production of original check or substitute check governed by section 5(d) \nIf the indemnifying bank provides the claimant bank with the original check or substitute check, section 5(d) shall govern any right of the indemnifying bank to any repayment of any funds the indemnifying bank has recredited to the claimant bank pursuant to subsection (c).", "id": "HE6A147DD10DF4D8C8D81CD31EFC365A6", "header": "Expedited recredit procedures for banks" }, { "text": "8. Measure of damages \n(a) Liability \n(1) In general \nExcept as provided in section 5, any person who, in connection with a substitute check, breaches any warranty under this Act or fails to comply with any requirement imposed under this Act, or any regulation prescribed pursuant to this Act, with respect to any other person shall be liable to such person in an amount equal to the sum of— (A) the lesser of— (i) the amount of the loss suffered by the other person as a result of the breach or failure; or (ii) the amount of the substitute check; (B) interest and expenses (including costs and reasonable attorney's fees and other expenses of representation) related to the substitute check. (2) Offset of recredits \nThe amount of damages any person receives under paragraph (1), if any, shall be reduced by the amount, if any, that the claimant receives and retains as a recredit under section 6 or 7. (b) Comparative negligence \nIf a party incurs damages that resulted in whole or in part from that party's negligence or failure to act in good faith, then the amount of any liability due to that party under subsection (a) shall be reduced in proportion to the amount of negligence or bad faith attributable to that party.", "id": "HC212AC02AD964467B6443BAF6C3858AA", "header": "Measure of damages" }, { "text": "9. Statute of limitations and notice of claim \n(a) Actions under this act \n(1) In general \nAn action to enforce a claim under this Act may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 1-year period beginning on the date the cause of action accrues. (2) Accrual \nA cause of action accrues as of the date the injured party first learns, or by which such person reasonably should have learned, of the facts and circumstances giving rise to the cause of action. (b) Discharge of claims \nExcept as provided in subsection (c), unless a person gives notice of a claim to the indemnifying or warranting bank within 30 days after the person has reason to know of the claim and the identity of the indemnifying or warranting bank, the indemnifying or warranting bank is discharged to the extent of any loss caused by the delay in giving notice of the claim. (c) Notice of claim by customer \nA timely claim by a customer under section 6 for expedited recredit also constitutes timely notice of a claim by the customer for purposes of subsection (b).", "id": "H8537351DA840481DB504DA92B4D09D62", "header": "Statute of limitations and notice of claim" }, { "text": "10. Consumer awareness \n(a) In general \nThe Board shall develop and prepare a brief document on substitute checks for distribution by banks to customers which contains— (1) a description of the process of check substitution and how the process may be different than the check clearing process the customer is familiar with; (2) a description of the benefits of check substitution, including expedited funds availability for the customer, and a notice that shorter check processing times, through check substitution, will reduce the float a consumer may currently be taking advantage of, however ill-advised such a practice may be; and (3) a description of the claim for recredit process established under section 6 when the customer believes in good faith that a substitute check was not properly charged to, or chargeable against, the customer's account. (b) Distribution \n(1) In general \nEach bank shall distribute to each existing and potential customer of the bank, after the effective date of this Act, the document prepared by the Board pursuant to subsection (a). (2) 1st mailing \nWith respect to existing customers of the bank as of the effective date of this Act, the bank shall meet the requirements of paragraph (1) by including the document prepared by the Board in the first regularly scheduled mailing to such customers after such effective date.", "id": "H6A2C84A339CC400FB25C472CBFD4C099", "header": "Consumer awareness" }, { "text": "11. Effect on other law \nThis Act shall supersede any provision of Federal or State law, including the Uniform Commercial Code, that is inconsistent with this Act, but only to the extent of the inconsistency.", "id": "HDCB1BD93F671416890C6BC63BD023929", "header": "Effect on other law" }, { "text": "12. Variation by agreement \n(a) Section 7 \nAny provision of section 7 may be varied by agreement of the banks involved. (b) No Other Provisions May Be Varied \nNo provision of this Act other than a provision of section 7 may be varied by agreement of any person.", "id": "H9D8193911E0B4B7BAB84F196C497E613", "header": "Variation by agreement" }, { "text": "13. Regulations \nThe Board may, by regulation clarify or otherwise implement the provisions of this Act and may modify the requirements imposed by this Act with respect to substitute checks generally to further the purposes of this Act, including reducing risk, accommodating technological or other developments, and alleviating undue compliance burdens.", "id": "HF83E5A6E7A8148F5A4C28066856E099F", "header": "Regulations" }, { "text": "14. Effective date \nThis Act shall take effect on January 1, 2006.", "id": "HA96AFC580FB94A9E8977264F5F52506C", "header": "Effective date" } ]
14
1. Short title; findings; purposes (a) Short title This Act may be cited as the Check Clearing for the 21st Century Act. (b) Findings The Congress finds as follows: (1) In the Expedited Funds Availability Act, enacted on August 10, 1987, the Congress directed the Board of Governors of the Federal Reserve System to consider establishing regulations requiring Federal reserve banks and depository institutions to provide for check truncation, in order to improve the check processing system. (2) In that same Act, the Congress— (A) provided the Board of Governors of the Federal Reserve System with full authority to regulate all aspects of the payment system, including the receipt, payment, collection, and clearing of checks, and related functions of the payment system pertaining to checks, and (B) directed that the exercise of such authority by the Board superseded any State law, including the Uniform Commercial Code, as in effect in any State. (3) Check truncation is no less desirable today for both financial service customers and the financial services industry, to reduce costs, improve efficiency in check collections, and expedite funds availability for customers than it was over 15 years ago when Congress first directed the Board to consider establishing such a process. (c) Purposes The purposes of this Act are as follows: (1) To facilitate check truncation by authorizing substitute checks. (2) To foster innovation in the check collection system without mandating receipt of checks in electronic form. (3) To improve the overall efficiency of the Nation's payments system. 2. Definitions For purposes of this Act, the following definitions shall apply: (1) Account The term account means a deposit account at a bank. (2) Bank The term bank — (A) means any person located in a State engaged in the business of banking, including any depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act); and (B) includes— (i) any Federal reserve bank; (ii) any Federal home loan bank; and (iii) to the extent it acts as a payor— (I) the Treasury of the United States; (II) the United States Postal Service; (III) a State government; and (IV) a unit of general local government. (3) Banking day The term banking day means that part of any business day during which an office of a bank is open to the public for carrying on substantially all of the banking business of the bank. (4) Banking terms (A) Collecting bank The term collecting bank means any bank handling a check for collection except the paying bank. (B) Depositary bank (i) In general The term “depositary bank” means the first bank to which a check is transferred even though it is also the paying bank or the payee. (ii) Treated as depositary bank in case of check deposit A bank shall be treated as the depository bank, for purposes of this Act, if a check is transferred for deposit in a customer account at such bank, even though the check is physically received and indorsed first by another bank. (C) Paying bank The term paying bank means— (i) the bank by which a check is payable, unless the check is payable at another bank and is sent to the other bank for payment or collection; (ii) the bank at which a check is payable and to which it is sent for payment or collection; (iii) the Federal reserve bank or Federal home loan bank by which a check is payable; (iv) the bank through which a check is payable and to which it is sent for payment or collection, if the check is not payable by a bank; (v) the State or unit of general local government on which a check is drawn and to which it is sent for payment or collection; (vi) the bank through which a check is payable and to which the check is sent for payment or collection, regardless of whether the check is payable by another bank; and (vii) the bank whose routing number appears on a check in fractional form or in the MICR line and to which the check is sent for payment or collection. (D) Returning bank (i) In general The term “returning bank” means a bank (other than the paying or depositary bank) handling a returned check or notice in lieu of return. (ii) Treatment as collecting bank No provision of this Act shall be construed as affecting the treatment of a returning bank as a collecting bank for purposes of section 4—202(b) of the Uniform Commercial Code. (5) Board The term Board means the Board of Governors of the Federal Reserve System. (6) Business day The term business day has the same meaning as in section 602(3) of the Expedited Funds Availability Act. (7) Check The term check — (A) means a draft, payable on demand and drawn on or payable through or at an office of a bank, whether or not negotiable, that is handled for forward collection or return, including a substitute check; and (B) does not include a noncash item or an item payable in a medium other than United States dollars. (8) Consumer The term consumer means an individual who— (A) with respect to a check handled for forward collection, draws the check on a consumer account; and (B) with respect to a check handled for return, deposits the check into, or cashes the check against, a consumer account. (9) Consumer account The term consumer account has the same meaning as in section 602(10) of the Expedited Funds Availability Act. (10) Customer (11) Forward collection The term “forward collection” means the transfer by a bank of a check to a collecting bank for settlement or the paying bank for payment. (12) Indemnifying bank The term indemnifying bank means a bank that is providing an indemnity under section 5 with respect to a substitute check. (13) MICR line The terms MICR line and magnetic ink character recognition line mean the numbers, which may include the bank routing number, account number, check number, check amount, and other information printed near the bottom of a check in magnetic ink in accordance with generally applicable industry standards. (14) Noncash item The term noncash item has the same meaning as in section 602(14) of the Expedited Funds Availability Act. (15) Person The term person includes a government unit or instrumentality. (16) Reconverting bank (A) In general The term reconverting bank means the bank that creates a substitute check. (B) If substitute check is not created by a bank If a substitute check is created by a person other than a bank, the term reconverting bank means the first bank that transfers or presents such substitute check. (17) Substitute check The term substitute check means a paper reproduction of the original check that— (A) contains an image of the front and back of the original check; (B) bears an MICR line containing all information required under generally applicable industry standards for substitute checks; (C) conforms, in paper stock, dimension, and otherwise, with generally applicable industry standards for substitute checks; and (D) is suitable for automated processing in the same manner as the original check. (18) State The term State has the same meaning as in section 3(a)(3) of the Federal Deposit Insurance Act. (19) Truncate The term truncate means to remove an original paper check from the check collection or return process and send to a recipient, in lieu of such original paper check, a substitute check or, by agreement, information relating to the original check (including data taken from the MICR line of the original check or an electronic image of the original check), whether with or without subsequent delivery of the original paper check. (20) Uniform commercial code The term Uniform Commercial Code means the Uniform Commercial Code in effect in a State. (21) Unit of general local government The term unit of general local government has the same meaning as in section 602(24) of the Expedited Funds Availability Act. (22) Other terms Unless the context requires otherwise, the terms not defined in this section shall have the same meanings as in the Uniform Commercial Code. 3. General provisions governing substitute checks (a) No agreement required A person may deposit, present, or send for collection or return a substitute check without an agreement with the recipient, to the extent the bank is treated as having made the warranties in section 4 as a matter of law with respect to such substitute check. (b) Legal equivalence A substitute check shall be the legal equivalent of the original check for all purposes, including any provision of any Federal or State law, and for all persons if the substitute check— (1) accurately represents all of the information on the front and back of the original check as of the time the original check was truncated; and (2) bears the legend: This is a legal copy of your check. You can use it the same way you would use the original check.. (c) Endorsements A reconverting bank shall ensure that the substitute check that is created by the bank bears all endorsements applied by parties that previously handled the check (whether in electronic form or in the form of the original paper check or a substitute check) for forward collection or return. (d) Identification of reconverting bank A reconverting bank shall identify itself as a reconverting bank on any substitute check such bank creates so as to preserve any previous reconverting bank identifications in conformance with generally applicable industry standards. (e) Applicable law A substitute check that is the legal equivalent of the original check under subsection (b) shall be subject to any provision of part 229 of title 12 of the Code of Federal Regulations (as in effect on the date of the enactment of this Act), the Uniform Commercial Code, and any other applicable Federal or State law that would apply if such substitute check were the original check, to the extent such provision of law is not inconsistent with this Act. 4. Substitute check warranties A bank that transfers, presents, or returns a substitute check and receives consideration for the check shall be deemed to have warranted to the transferee, any subsequent collecting or returning bank, the depositary bank, the drawee, the drawer, the payee, the depositor, and any endorser (regardless of whether the warrantee receives the substitute check or another paper or electronic form of the substitute or original check) that— (1) the substitute check meets all the requirements for legal equivalence under section 3(b); and (2) no depositary bank, drawee, drawer, or endorser will receive presentment or return of the substitute check, the original check, or a copy or other paper or electronic version of the substitute check or original check such that it will be asked to make a payment based on a check it has already paid. 5. Indemnity (a) Indemnity A reconverting bank that creates a substitute check, and each bank that subsequently transfers, presents, or returns that substitute check in any electronic or paper form, and receives consideration for such transfer, presentment, or return shall be deemed to have indemnified the transferee, any subsequent collecting or returning bank, the depositary bank, the drawee, the drawer, the payee, the depositor, and any endorser, up to the amount described in subsections (b) and (c), to the extent of any loss incurred by any recipient of a substitute check if that loss occurred due to the receipt of a substitute check instead of the original check. (b) Indemnity amount (1) Amount in event of breach of warranty The amount of the indemnity under subsection (a) shall be the amount of any loss (including costs and reasonable attorney’s fees and other expenses of representation) proximately caused by a breach of a warranty established by operation of section 4. (2) Amount in absence of breach of warranty In the absence of a breach of a warranty established by operation of section 4, the amount of the indemnity shall be the sum of— (A) the amount of any loss, up to the amount of the substitute check; and (B) interest and expenses (including costs and reasonable attorney’s fees and other expenses of representation). (c) Comparative negligence If a loss described in subsection (a) results in whole or in part from the negligence or failure to act in good faith on the part of an indemnified party, then that party's indemnification under this section shall be reduced in proportion to the amount of negligence or bad faith attributable to that party. (d) Effect of producing original check or substitute check (1) In general If the indemnifying bank produces the original check or substitute check, the indemnifying bank shall— (A) be liable only for losses covered by the indemnity that are incurred up to the time the original check or substitute check is provided to the indemnified party; and (B) have a right to the return of any funds it has paid under the indemnity in excess of those losses. (2) Coordination of indemnity with implied warranty The production of the original check or substitute check in accordance with paragraph (1) by an indemnifying bank shall not absolve the bank from any liability on a warranty established under this Act or any other provision of law. (e) Subrogation of rights (1) In general Each indemnifying bank shall be subrogated to the rights of any indemnified party to the extent of the indemnity. (2) Recovery under warranty A bank that indemnifies a party under this section may attempt to recover from another party based on a warranty or other claim. (3) Duty of indemnified party Each indemnified party shall have a duty to comply with all reasonable requests for assistance from an indemnifying bank in connection with any claim the indemnifying bank brings against a warrantor or other party related to a check that forms the basis for the indemnification. 6. Expedited recredit for consumers (a) Recredit Claims (1) In general Subject to subsection (f), a customer who is a consumer may make a claim for expedited recredit from the bank that holds the customer's account with respect to a substitute check if the customer asserts in good faith that— (A) the bank charged the customer's account for a substitute check that was provided to the customer; (B) either— (i) the check was not properly charged to, or chargeable against, such account; or (ii) the customer has a warranty claim with respect to such substitute check; (C) the customer suffered a resulting loss; and (D) the production of the original check or substitute check is necessary to determine the validity of any claim described in subparagraph (B). (2) 30-day period Any claim under paragraph (1) with respect to a customer account may be submitted by a customer before the end of the 30-day period beginning on the later of— (A) the date on which the customer receives the periodic statement of account for such account which contains information concerning the transaction giving rise to the claim; or (B) the date the substitute check is made available to the customer. (3) Extension under extenuating circumstances If the customer's ability to submit the claim within the 30-day period referred to in paragraph (2) is delayed due to extenuating circumstances, including extended travel or the illness of the customer, the 30-day period may be extended for a total of not to exceed 30 additional days, in accordance with regulations prescribed by the Board. (b) Procedures For Claims (1) In general To make a claim for an expedited recredit under subsection (a) with respect to a substitute check, the customer shall provide to the bank that holds the customer account of such customer the following: (A) A description of the claim, including an explanation of— (i) why the substitute check was not properly charged to, or chargeable against, the customer's account; or (ii) the warranty claim with respect to such check. (B) A statement that the customer suffered a loss and an estimate of the amount of the loss. (C) The reason why production of the original check or substitute check is necessary to determine the validity of the charge to the customer's account or the warranty claim. (D) Sufficient information to identify the substitute check and to investigate the claim. (2) Claim in writing The bank holding the customer account that is the subject of a claim by the customer under subsection (a) may, in the discretion of the bank, require the customer to submit the information required under paragraph (1) in writing. (c) Recredit to customer (1) Prompt action required If a customer submits a claim to a bank under subsection (a) (with respect to a substitute check) that meets the requirements of subsection (b), the bank shall, by the end of the 10th business day following the banking day on which the customer submits such claim to the bank— (A) produce the original or substitute check and demonstrate to the customer that the substitute check was properly charged to the customer account of the customer; or (B) recredit the customer account of the customer in an amount equal to the sum of— (i) an amount not to exceed the lesser of— (II) the amount of the substitute check that was improperly charged against the customer account; or (III) $2,500; and (ii) interest on the amount recredited under clause (i). (2) Recredit of amounts in excess of $2500 If, in connection with a claim by a customer under subsection (a) with respect to a substitute check, the bank determines that an amount in excess of any amount recredited to the customer account of the customer under paragraph (1) was improperly charged against the customer account in connection with such check, the bank shall credit the customer account for such excess amount, plus interest, before the end of the business day following the banking day on which the bank makes such determination. (3) Period for determination A bank shall make a determination with respect to the validity of a claim by a customer under subsection (a) for purposes of paragraph (2) no later than 45 calendar days after the banking day on which the customer submits the claim in accordance with subsection (b). (d) Availability of recredit (1) Next business day availability Except as provided in paragraphs (2) and (3), a bank that provides a recredit to a customer account under subsection (c) shall make the recredited funds available for withdrawal by the customer by the start of the next business day after the business day by which the bank is required to recredit the customer under subsection (c). (2) Safeguard exceptions Subject to paragraph (4), a bank may delay availability to a customer of a recredit provided to a customer account under subsection (c) until the start of the 45th business day following the banking day on which the customer submits a claim for such recredit in accordance with subsection (b) in any of the following cases: (A) New accounts The claim is made during the 30-day period beginning on the banking day the customer account was established. (B) Repeated overdrafts Without regard to the charge that is the subject of the claim for which the recredit was made— (i) on 6 or more banking days during the 6-month period ending on the date the customer submits the claim, the balance in the customer account was negative or would have become negative if checks or other charges to the account had been paid, or (ii) on 2 or more banking days during such 6-month period, the balance in the customer account was negative or would have become negative in the amount of $5,000 or more if checks or other charges to the account had been paid. (C) Prevention of fraud losses The bank has reasonable cause to believe that the claim is fraudulent, based on facts (other than the fact that the check in question or the customer is of a particular class) that would cause a well-grounded belief in the mind of a reasonable person that the claim is fraudulent. (3) Emergency conditions If there has been an interruption of communications, computer, or equipment facilities, or other emergency condition beyond the control of the bank, the bank may delay availability of a recredit provided to a customer account under subsection (c) until a reasonable period after the emergency has ceased, to the extent the bank exercises such diligence as the circumstances require and complies with paragraph (4). (4) Notice to customer (A) Prompt notice of delay in availability A bank that, in accordance with paragraph (2) or (3), delays the availability of a recredit under subsection (c) to any customer account shall notify the customer of such delay— (i) at the time of the recredit; or (ii) if the determination is made after the recredit, in as expeditious a manner as possible after the delay is put into effect. (B) Overdraft fees No bank that, in accordance with paragraph (2) or (3), delays the availability of a recredit under subsection (c) to any customer account may impose any overdraft fees with respect to drafts drawn by the customer on such recredited amount before the end of the 5-day period beginning on the date the notice under subparagraph (A) with respect to the availability of such amount was sent by the bank to the customer. (e) Reversal of Recredit If a bank determines that a substitute check for which the bank recredited a customer account under subsection (c) was in fact properly charged to the customer account, the bank may reverse the recredit to the customer account if, upon reversing the recredited amount, the bank— (1) notifies the customer of the date and the amount of the reversal; (2) provides the original check or the substitute check to the customer; and (3) provides the customer with an explanation of the basis for the determination by the bank that the substitute check had been properly charged, including copies of any information or documents on which the bank relied in making such determination. (f) Preservation of rights In any case described in subparagraph (A) and (B) of subsection (a)(1) involving a substitute check, the customer shall have the rights and protections provided under part 229 of title 12 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act, the Uniform Commercial Code, and any other applicable Federal or State law that would apply in such case had the customer been provided the original check. (g) Scope of application This section shall only apply to customers who are consumers. 7. Expedited recredit procedures for banks (a) Recredit Claims (1) In general A bank may make a claim against an indemnifying bank for expedited recredit for which that bank is indemnified if— (A) the claimant bank (or a bank it has indemnified) has received a claim for expedited recredit from a customer under section 6 with respect to such substitute check or would have been subject to such a claim had the customer's account been charged; (B) the claimant bank has suffered a resulting loss or is obligated to recredit a customer account under section 6 with respect to such check; and (C) production of the original check or substitute check is necessary to determine the validity of the charge to the customer account or any warranty claim connected with such substitute check. (2) 120-day period Any claim under paragraph (1) may be submitted by the claimant bank to an indemnifying bank before the end of the 120-day beginning on the date of the transaction that gave rise to the claim. (3) Claimant bank defined For purposes of this section, the term claimant bank means a bank which submits a claim under this subsection to an indemnifying bank. (b) Procedures For Claims (1) In general To make a claim under subsection (a) for an expedited recredit relating to a substitute check, the claimant bank shall provide to the indemnifying bank the following: (A) A description— (i) of the claim, including an explanation of why the substitute check cannot be properly charged to the customer account; or (ii) a description of the warranty claim. (B) A statement that the claimant bank has suffered a loss or is obligated to recredit a customer's account under section 6, together with an estimate of the amount of the loss or recredit. (C) The reason why production of the original check or substitute check is necessary to determine the validity of the charge to the customer account or the warranty claim. (D) Information sufficient for the indemnifying bank to identify the substitute check and to investigate the claim. (2) Requirements relating to copies of substitute checks If the information submitted by a claimant bank pursuant to paragraph (1) in connection with a claim for an expedited recredit includes a copy of any substitute check for which any such claim is made, the claimant bank shall take reasonable steps to ensure that any such copy cannot be— (A) mistaken for the legal equivalent of the check under section 3(b); or (B) sent or handled by any bank, including the indemnifying bank, as forward collection or returned checks. (3) Claim in writing At the request of the indemnifying bank, the claimant bank shall provide a copy of any written claim submitted by a customer in accordance with section 6(b), if the claimant bank has obtained such customer’s claim in writing. (c) Recredit by indemnifying bank (1) Prompt action required No later than 10 business days after the business day an indemnifying bank receives a claim under subsection (a) from a claimant bank with respect to a substitute check, the indemnifying bank shall— (A) provide the original check (with respect to such substitute check) or another substitute check to the claimant bank; (B) recredit the claimant bank for the amount of the claim up to the amount of the substitute check, plus interest; or (C) provide information to the claimant bank as to why the indemnifying bank is not obligated to perform the service described in subparagraph (A) or (B). (2) Recredit does not abrogate other liabilities Providing a recredit under this subsection to a claimant bank with respect to a substitute check shall not absolve the indemnifying bank from any liability for additional damages under section 5 or 8 with respect to such check. (3) Refund to indemnifying bank If a claimant bank reverses, in accordance with section 6(e), a recredit previously made to a customer account under section 6(c) in connection with a substitute check or otherwise receives a credit or recredit with regard to such substitute check, the claimant bank shall promptly refund to any indemnifying bank any amount previously advanced by the indemnifying bank in connection with such substitute check. (d) Production of original check or substitute check governed by section 5(d) If the indemnifying bank provides the claimant bank with the original check or substitute check, section 5(d) shall govern any right of the indemnifying bank to any repayment of any funds the indemnifying bank has recredited to the claimant bank pursuant to subsection (c). 8. Measure of damages (a) Liability (1) In general Except as provided in section 5, any person who, in connection with a substitute check, breaches any warranty under this Act or fails to comply with any requirement imposed under this Act, or any regulation prescribed pursuant to this Act, with respect to any other person shall be liable to such person in an amount equal to the sum of— (A) the lesser of— (i) the amount of the loss suffered by the other person as a result of the breach or failure; or (ii) the amount of the substitute check; (B) interest and expenses (including costs and reasonable attorney's fees and other expenses of representation) related to the substitute check. (2) Offset of recredits The amount of damages any person receives under paragraph (1), if any, shall be reduced by the amount, if any, that the claimant receives and retains as a recredit under section 6 or 7. (b) Comparative negligence If a party incurs damages that resulted in whole or in part from that party's negligence or failure to act in good faith, then the amount of any liability due to that party under subsection (a) shall be reduced in proportion to the amount of negligence or bad faith attributable to that party. 9. Statute of limitations and notice of claim (a) Actions under this act (1) In general An action to enforce a claim under this Act may be brought in any United States district court, or in any other court of competent jurisdiction, before the end of the 1-year period beginning on the date the cause of action accrues. (2) Accrual A cause of action accrues as of the date the injured party first learns, or by which such person reasonably should have learned, of the facts and circumstances giving rise to the cause of action. (b) Discharge of claims Except as provided in subsection (c), unless a person gives notice of a claim to the indemnifying or warranting bank within 30 days after the person has reason to know of the claim and the identity of the indemnifying or warranting bank, the indemnifying or warranting bank is discharged to the extent of any loss caused by the delay in giving notice of the claim. (c) Notice of claim by customer A timely claim by a customer under section 6 for expedited recredit also constitutes timely notice of a claim by the customer for purposes of subsection (b). 10. Consumer awareness (a) In general The Board shall develop and prepare a brief document on substitute checks for distribution by banks to customers which contains— (1) a description of the process of check substitution and how the process may be different than the check clearing process the customer is familiar with; (2) a description of the benefits of check substitution, including expedited funds availability for the customer, and a notice that shorter check processing times, through check substitution, will reduce the float a consumer may currently be taking advantage of, however ill-advised such a practice may be; and (3) a description of the claim for recredit process established under section 6 when the customer believes in good faith that a substitute check was not properly charged to, or chargeable against, the customer's account. (b) Distribution (1) In general Each bank shall distribute to each existing and potential customer of the bank, after the effective date of this Act, the document prepared by the Board pursuant to subsection (a). (2) 1st mailing With respect to existing customers of the bank as of the effective date of this Act, the bank shall meet the requirements of paragraph (1) by including the document prepared by the Board in the first regularly scheduled mailing to such customers after such effective date. 11. Effect on other law This Act shall supersede any provision of Federal or State law, including the Uniform Commercial Code, that is inconsistent with this Act, but only to the extent of the inconsistency. 12. Variation by agreement (a) Section 7 Any provision of section 7 may be varied by agreement of the banks involved. (b) No Other Provisions May Be Varied No provision of this Act other than a provision of section 7 may be varied by agreement of any person. 13. Regulations The Board may, by regulation clarify or otherwise implement the provisions of this Act and may modify the requirements imposed by this Act with respect to substitute checks generally to further the purposes of this Act, including reducing risk, accommodating technological or other developments, and alleviating undue compliance burdens. 14. Effective date This Act shall take effect on January 1, 2006.
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107
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ih
For the relief of Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca.
[ { "text": "1. Permanent resident status for Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca \n(a) In general \nNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status \nIf Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, or Luis Bernardo Chavez-Apodaca enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees \nSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number \nUpon the granting of an immigrant visa or permanent residence to Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca, the Secretary of State shall instruct the proper officer to reduce by 8, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives \nThe natural parents, brothers, and sisters of Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.", "id": "H1F8A1EEF580F497E8B67E215004D6E87", "header": "Permanent resident status for Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca" } ]
1
1. Permanent resident status for Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of status If Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, or Luis Bernardo Chavez-Apodaca enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca, the Secretary of State shall instruct the proper officer to reduce by 8, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. (e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Jesus Raul Apodaca-Madrid, Adan Apodaca-Bejarano, Maria de Jesus Madrid-Tarango, Francisco Javier Apodaca-Madrid, Alma Delia Apodaca-Madrid, Maria Isabel Apodaca-Madrid, Laura Apodaca-Madrid, and Luis Bernardo Chavez-Apodaca shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
2,998
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107
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5,655
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null
[]
0
0
107hr5367ih
107
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5,367
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To name the Department of Veterans Affairs outpatient clinic in Horsham, Pennsylvania, as the Victor J. Saracini Department of Veterans Affairs Outpatient Clinic
[ { "text": "1. Findings \nCongress finds the following: (1) Victor J. Saracini was an esteemed, decorated officer with the United States Navy, ending his military career in the Naval Reserve at Naval Air Station Willow Grove, Pennsylvania. (2) Joining United Airlines in 1985, Mr. Saracini worked his way up the ranks to captain of the United Airline's Boeing 757–767 fleet. (3) Victor Saracini was the captain of United Airlines Flight 175, one of the four commercial jets hijacked by terrorists on September 11, 2001. (4) At 9:05 a.m., the Los Angeles-bound airplane flew into the South Tower of the World Trade Center, killing all people onboard, including Captain Victor Saracini. (5) On September 11, 2001, the United States lost Victor Saracini, a devoted aviator, a distinguished veteran, and a proud defender of America's freedom.", "id": "H5E5144B04609427EBCC8D6C009CC8066", "header": "Findings" }, { "text": "2. NAME OF DEPARTMENT OF VETERAN AFFAIRS OUTPATIENT CLINIC, HORSHAM, PENNSYLVANIA \nThe Department of Veterans Affairs outpatient clinic located in Horsham, Pennsylvania, shall after the date of the enactment of this Act be known and designated as the Victor J. Saracini Department of Veterans Affairs Outpatient Clinic. Any reference to such outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Victor J. Saracini Department of Veterans Affairs Outpatient Clinic.", "id": "H7411D1CC74D64CE6B5B34FA31F5CE9EB", "header": "NAME OF DEPARTMENT OF VETERAN AFFAIRS OUTPATIENT CLINIC, HORSHAM, PENNSYLVANIA" } ]
2
1. Findings Congress finds the following: (1) Victor J. Saracini was an esteemed, decorated officer with the United States Navy, ending his military career in the Naval Reserve at Naval Air Station Willow Grove, Pennsylvania. (2) Joining United Airlines in 1985, Mr. Saracini worked his way up the ranks to captain of the United Airline's Boeing 757–767 fleet. (3) Victor Saracini was the captain of United Airlines Flight 175, one of the four commercial jets hijacked by terrorists on September 11, 2001. (4) At 9:05 a.m., the Los Angeles-bound airplane flew into the South Tower of the World Trade Center, killing all people onboard, including Captain Victor Saracini. (5) On September 11, 2001, the United States lost Victor Saracini, a devoted aviator, a distinguished veteran, and a proud defender of America's freedom. 2. NAME OF DEPARTMENT OF VETERAN AFFAIRS OUTPATIENT CLINIC, HORSHAM, PENNSYLVANIA The Department of Veterans Affairs outpatient clinic located in Horsham, Pennsylvania, shall after the date of the enactment of this Act be known and designated as the Victor J. Saracini Department of Veterans Affairs Outpatient Clinic. Any reference to such outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Victor J. Saracini Department of Veterans Affairs Outpatient Clinic.
1,382
107hr5748ih
107
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5,748
ih
To protect public assets, natural heritage, and native biodiversity on Federal public lands by banning all further degradation, development, and extraction on such lands, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Public Lands Forever Wild Act.", "id": "H80883C3F25804F8F97ABBB0396172DA7", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds the following: (1) The Constitution of the State of New York (Article XIV, Section I) contains a prohibition on extraction on State-owned public lands, which has served the State and its citizens well and is a good model for the management of the approximately 650,000,000 acres of Federal public lands. (2) The Federal agencies responsible for the management of these Federal public lands, primarily the Forest Service of the Department of Agriculture, the United States Fish and Wildlife Service and Bureau of Land Management of the Department of the Interior, and the Tennessee Valley Authority, currently permit massive corporate extraction on the vast majority of these public lands without accounting for the other assets of these lands. (3) With little or no accounting, let alone honest and fully-costed accounting, vast areas of these Federal public lands, and the rivers and streams and other resources on these lands, are being taken, liquidated, or despoiled by private industry at great, but unaccounted for, public expense. (4) The economic benefits of this coporate extraction are out-weighed by the costs and risks to the public, including risks to human health, welfare, and survivability. (5) National Forest System lands, a component of the Federal public lands, serve as the source of 80 percent of America's fresh drinking water. (6) These forests and other Federal public lands produce much of America's topsoil, replenish oxygen and water, moderate weather, climate, and flooding. (7) Surveys indicate that at least 80 percent of the American public believes that National Forest System lands are protected in the same manner and to the same extent as national parks and wants the Federal public lands, and the rivers and streams and other resources on these lands, protected from harm. (8) The Federal public lands should be fully and completely protected from all further development and harm and should not be leased, sold or exchanged, or be taken by any corporation, public or private, and the timber, grazing browse, minerals, oil and gas, and other resource on these lands should not be sold, removed or destroyed.", "id": "H7D8B1FE5DAA7465E00A2338EB32F6D9E", "header": "Findings" }, { "text": "3. Prohibitions on commercial extraction on Federal public lands \n(a) Protection of public lands \nFederal public lands shall be fully and completely protected from all further development and harm, including zero tree cutting, zero road building, zero logging, zero mining, zero grazing, zero drilling, zero water degradation, zero motorized trail development, zero motorized recreation area development, zero building of commercial recreational buildings, zero allowance of new commercial recreation areas and developments, zero water diversions and zero dams, and no exceptions may be made to these prohibitions. Federal public lands shall not be leased, sold, or exchanged, or be taken by any corporation, public or private, nor shall the timber, grazing browse, minerals, oil and gas, water, or any other resource thereon be sold, removed, or destroyed. (b) Public lands defined \nIn this Act, the term Federal public lands means all federally-owned lands and waters, now owned or hereafter acquired, within all National Parks, National Forests, National Grasslands, National Monuments, National Wildlife Refuges, Bureau of Land Management lands, Army Corps of Engineers lands, Tennessee Valley Authority Lands, and National Wilderness Areas. (c) Other management requirements \n(1) Roads \nAll roads on all Federal public lands shall be inventoried, a determination shall be made of those which are essential and those unnecessary. Based upon the inventory determination, essential roads shall be identified and maintained and all others shall be obliterated and revegetated within 10 years after the date of the enactment of this Act. (2) Inventories \nThe Federal agencies having jurisdiction over Federal public lands shall prepare an inventory of all Federal public lands by acre, roads, rivers, and streams by mile. The inventory shall include a description of the status and condition of the lands and a recommendation of what can or should be done to restore natural conditions on the lands. The inventory and recommendations shall be completed within two years after the date of the enactment of this Act. (d) Fires, insects, disease, and other natural forces \nFires, insects, disease and other natural destructive forces shall all be considered acts of nature and part of a healthy, functioning, and wild ecosystem. No further attempts to correct for such acts of nature shall occur on Federal public lands. (e) Enforcement \n(1) Purpose and finding \nThe purpose of this subsection is to foster the widest possible enforcement of this section. Congress finds that all people of the United States are injured by violations of these prohibitions on Federal public lands. (2) Federal enforcement \nThe provisions of this section shall be enforced by the Federal agencies having jurisdiction over Federal public lands and by the Attorney General of the United States against any person who violates this Act. (3) Citizen suits \nAny citizen harmed by a violation of this section may enforce this section by bringing an action for declaratory judgment, temporary restraining order, injunction, statutory damages, and other remedies against any alleged violator, including the United States, in any district court of the United States. (4) Standard of proof \nThe standard of proof in all actions brought under this subsection shall be the preponderance of the evidence and the trial shall be de novo. (5) Damage award \nThe court, after determining a violation of this section, shall impose a damage award of not less than $5,000 nor more than 1,000 times the value of the damaged or lost public assets, shall issue one or more injunctions and other equitable relief, and shall award to the plaintiffs reasonable costs of the litigation, including attorney's fees, witness fees, and other necessary expenses. The court shall have the authority to order seizure and forfeiture of all assets, including corporate assets, belonging to the violator involved in any way in the commission of the violation. The damage award shall be paid by the violator or violators designated by the court to the United States Treasury. The damage award shall be paid from the United States Treasury, as provided by Congress under section 1304 of title 31, United States Code, within 40 days after judgment to the person or persons designated to receive it, to be applied in protecting or restoring native biodiversity in or adjoining Federal public lands. Any award of costs of litigation and any award of attorney fees shall be paid within 40 days after judgment. (6) Waiver \nThe United States, including its agents and employees, waives its sovereign immunity in all respects in all actions under this subsection. No notice is required to enforce this section.", "id": "HA207916927344922A4B0823F5BB9B239", "header": "Prohibitions on commercial extraction on Federal public lands" }, { "text": "4. Effective date \nThis Act shall take effect on the date of the enactment of this Act.", "id": "H51DA741C2C614F8F9D6964899759D3D4", "header": "Effective date" } ]
4
1. Short title This Act may be cited as the Public Lands Forever Wild Act. 2. Findings The Congress finds the following: (1) The Constitution of the State of New York (Article XIV, Section I) contains a prohibition on extraction on State-owned public lands, which has served the State and its citizens well and is a good model for the management of the approximately 650,000,000 acres of Federal public lands. (2) The Federal agencies responsible for the management of these Federal public lands, primarily the Forest Service of the Department of Agriculture, the United States Fish and Wildlife Service and Bureau of Land Management of the Department of the Interior, and the Tennessee Valley Authority, currently permit massive corporate extraction on the vast majority of these public lands without accounting for the other assets of these lands. (3) With little or no accounting, let alone honest and fully-costed accounting, vast areas of these Federal public lands, and the rivers and streams and other resources on these lands, are being taken, liquidated, or despoiled by private industry at great, but unaccounted for, public expense. (4) The economic benefits of this coporate extraction are out-weighed by the costs and risks to the public, including risks to human health, welfare, and survivability. (5) National Forest System lands, a component of the Federal public lands, serve as the source of 80 percent of America's fresh drinking water. (6) These forests and other Federal public lands produce much of America's topsoil, replenish oxygen and water, moderate weather, climate, and flooding. (7) Surveys indicate that at least 80 percent of the American public believes that National Forest System lands are protected in the same manner and to the same extent as national parks and wants the Federal public lands, and the rivers and streams and other resources on these lands, protected from harm. (8) The Federal public lands should be fully and completely protected from all further development and harm and should not be leased, sold or exchanged, or be taken by any corporation, public or private, and the timber, grazing browse, minerals, oil and gas, and other resource on these lands should not be sold, removed or destroyed. 3. Prohibitions on commercial extraction on Federal public lands (a) Protection of public lands Federal public lands shall be fully and completely protected from all further development and harm, including zero tree cutting, zero road building, zero logging, zero mining, zero grazing, zero drilling, zero water degradation, zero motorized trail development, zero motorized recreation area development, zero building of commercial recreational buildings, zero allowance of new commercial recreation areas and developments, zero water diversions and zero dams, and no exceptions may be made to these prohibitions. Federal public lands shall not be leased, sold, or exchanged, or be taken by any corporation, public or private, nor shall the timber, grazing browse, minerals, oil and gas, water, or any other resource thereon be sold, removed, or destroyed. (b) Public lands defined In this Act, the term Federal public lands means all federally-owned lands and waters, now owned or hereafter acquired, within all National Parks, National Forests, National Grasslands, National Monuments, National Wildlife Refuges, Bureau of Land Management lands, Army Corps of Engineers lands, Tennessee Valley Authority Lands, and National Wilderness Areas. (c) Other management requirements (1) Roads All roads on all Federal public lands shall be inventoried, a determination shall be made of those which are essential and those unnecessary. Based upon the inventory determination, essential roads shall be identified and maintained and all others shall be obliterated and revegetated within 10 years after the date of the enactment of this Act. (2) Inventories The Federal agencies having jurisdiction over Federal public lands shall prepare an inventory of all Federal public lands by acre, roads, rivers, and streams by mile. The inventory shall include a description of the status and condition of the lands and a recommendation of what can or should be done to restore natural conditions on the lands. The inventory and recommendations shall be completed within two years after the date of the enactment of this Act. (d) Fires, insects, disease, and other natural forces Fires, insects, disease and other natural destructive forces shall all be considered acts of nature and part of a healthy, functioning, and wild ecosystem. No further attempts to correct for such acts of nature shall occur on Federal public lands. (e) Enforcement (1) Purpose and finding The purpose of this subsection is to foster the widest possible enforcement of this section. Congress finds that all people of the United States are injured by violations of these prohibitions on Federal public lands. (2) Federal enforcement The provisions of this section shall be enforced by the Federal agencies having jurisdiction over Federal public lands and by the Attorney General of the United States against any person who violates this Act. (3) Citizen suits Any citizen harmed by a violation of this section may enforce this section by bringing an action for declaratory judgment, temporary restraining order, injunction, statutory damages, and other remedies against any alleged violator, including the United States, in any district court of the United States. (4) Standard of proof The standard of proof in all actions brought under this subsection shall be the preponderance of the evidence and the trial shall be de novo. (5) Damage award The court, after determining a violation of this section, shall impose a damage award of not less than $5,000 nor more than 1,000 times the value of the damaged or lost public assets, shall issue one or more injunctions and other equitable relief, and shall award to the plaintiffs reasonable costs of the litigation, including attorney's fees, witness fees, and other necessary expenses. The court shall have the authority to order seizure and forfeiture of all assets, including corporate assets, belonging to the violator involved in any way in the commission of the violation. The damage award shall be paid by the violator or violators designated by the court to the United States Treasury. The damage award shall be paid from the United States Treasury, as provided by Congress under section 1304 of title 31, United States Code, within 40 days after judgment to the person or persons designated to receive it, to be applied in protecting or restoring native biodiversity in or adjoining Federal public lands. Any award of costs of litigation and any award of attorney fees shall be paid within 40 days after judgment. (6) Waiver The United States, including its agents and employees, waives its sovereign immunity in all respects in all actions under this subsection. No notice is required to enforce this section. 4. Effective date This Act shall take effect on the date of the enactment of this Act.
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To restore standards to protect the privacy of individually identifiable health information that were weakened by the August 2002 modifications, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Stop Taking Our Health Privacy (STOHP) Act of 2002.", "id": "HCB8160FE5CE44EFDBFF62C6B2005E00", "header": "Short title" }, { "text": "2. Findings \nThe Congress finds as follows: (1) People in the United States are deeply concerned about the confidentiality of their health information. According to a recent survey conducted by the Princeton Survey Research Associates, 1 in 6 people in the United States has done something out of the ordinary to keep personal health information confidential, including withholding information, providing inaccurate information, or, in some cases, avoiding care entirely. (2) Pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 1936 et seq.) (commonly referred to as HIPAA ), the Clinton Administration issued comprehensive medical privacy regulations which were promulgated in final form in December 2000. (3) Such regulations established a sound foundation of privacy protections by prohibiting the use or disclosure of an individual's health information unless specifically authorized by the regulations or by the individual. The regulations also provided individuals with the right to be notified of the privacy practices of health plans, health care providers, and health care clearinghouses regarding disclosure of their health information, the right to access and copy their own health records, and the right to request corrections of their health records, among other provisions. (4) Such regulations took effect in April 2001 and require health care providers, health plans (other than small health plans) and health care clearinghouses to comply not later than April 2003. (5) In August 2002, the Bush Administration issued a final rule that significantly weakened medical privacy protections in the December 2000 medical privacy rule. (6) The Bush Administration undermined medical privacy protections by eliminating the rule's requirement that covered entities obtain patient consent before using and disclosing patient health information for treatment, payment, and health care operations. This change means that patients' medical records can be used and disclosed without their permission for a wide range of purposes including business activities that have nothing to do with the treatment of a patient, such as the sale or merger of a health maintenance organization. This change also allows the use and disclosure of information in existing medical records even though patients disclosed the information with the understanding and expectation that it would not be further used or disclosed without their consent. The elimination of consent compromises the confidentiality at the heart of physician-patient relationships, which is indispensable for the delivery of high-quality, thorough care. (7) The Bush Administration also undermined medical privacy protections by expanding the circumstances under which patients' information can be shared without their knowledge or consent to include activities that consumers typically consider marketing. This change was accomplished by narrowing the scope of activities that are regulated by the provisions of the rule governing marketing. Under this change, pharmacies and other providers can use a consumer's medical information without consent to mail the consumer unsolicited drug product recommendations, without having to disclose fees paid by drug companies for sending such communications or provide the consumer an opportunity to decline to receive such communications in the future. (8) The Bush Administration further undermined medical privacy protections by changing the language in the section of the rule governing public health to allow the disclosure of medical information without patient permission to entities regulated by the Food and Drug Administration, such as pharmaceutical companies and medical device manufacturers, for an expanded and broad range of purposes which may include marketing campaigns. In contrast, the December 2000 rule allowed nonconsensual disclosure of patient health information for an exclusive list of public health related activities, such as for the purpose of reporting serious side effects from a prescription drug to the Food and Drug Administration. (9) Reversal of the Bush Administration's changes to the December 2000 medical privacy rule is integral to any effort to ensure medical privacy protection for consumers and preserve access to high-quality health care in the United States. (10) Core medical privacy protections of the December 2000 medical privacy rule should be restored by— (A) reinstating the patient consent requirement for treatment, payment, and health care operations, while ensuring that the requirement does not impede important health care activities such as filling pharmaceutical prescriptions and making referrals; (B) returning to the December 2000 definition of marketing and thus ensuring that activities typically considered marketing, such as drug companies paying pharmacies to send product recommendations to patients, fall under the rule's privacy protections relating to the use of patient health information for marketing activities; and (C) eliminating the broad public health exemption created by the August 2002 rule.", "id": "H8B2056D2030547DB989FFA6543966F55", "header": "Findings" }, { "text": "3. Purpose \nThe purpose of this Act is to restore patient privacy protections essential for high-quality health care that were undermined by the Bush Administration's August 2002 modifications of the December 2000 medical privacy rule.", "id": "HC310E2C1CAE64F0591EA00CDE3B7B046", "header": "Purpose" }, { "text": "4. Restoration of privacy protections \n(a) Consent for uses or disclosures to carry out treatment, payment, or health care operations \n(1) In general \nThe modifications made to section 164.506 of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. (2) Clarification regarding instances when consent is not required \nIn addition to the circumstances described in the December 2000 medical privacy rule, and notwithstanding any provision to the contrary, such section 164.506 shall be construed and applied so as to permit a health care provider to use or disclose an individual's protected health information without obtaining the prior consent of the individual in the following circumstances: (A) A health care provider may use or disclose an individual’s protected health information to fill or dispense a prescription, search for drug interactions related to that prescription, and determine eligibility and obtain authorization for payment regarding that prescription, if the health care provider obtains written consent from the individual as soon as practicable. (B) A health care provider may use or disclose an individual’s protected health information to carry out treatment of that individual if— (i) the individual and the health care provider have not had in-person communication regarding such treatment; (ii) obtaining consent would be impracticable; (iii) the health care provider determines, in the exercise of professional judgment, that the individual’s consent is clearly inferred from the circumstances, such as an order or referral from another health care provider; and (iv) the health care provider obtains written consent from the individual as soon as practicable. (b) Marketing \n(1) In general \nThe modifications made by the August 2002 medical privacy rule to the definition of the term marketing in section 164.501 of title 45, Code of Federal Regulations, shall have no force or effect. (2) Treatment of certain communications \nThe exception for oral communications in paragraph (2)(i) of the definition of the term marketing in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule, shall have no force or effect. (3) Authorizations for marketing \nSection 164.508 of title 45, Code of Federal Regulations, shall be construed and applied so as to require that, if an authorization is required for a use or disclosure for marketing, the authorization shall be considered invalid unless it— (A) uses the term marketing ; (B) states that the purpose of the use or disclosure involved is marketing; (C) describes the specific marketing uses and disclosures authorized, including whether the protected health information involved— (i) may be used for purposes internal to the covered entity; (ii) may be disclosed to, and used by, a business associate of the covered entity; and (iii) may be disclosed to, and used by, any person or entity other than a business associate of the covered entity; and (D) states that the use or disclosure of protected health information for marketing will directly result in remuneration to the covered entity from a third party, in any case in which a covered entity expects, or reasonably should expect, that such remuneration will occur. (c) Public health \nThe modifications made to section 164.512(b)(1)(iii) of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect.", "id": "H895BA6F0A86C4D88BB62CF6445711CE8", "header": "Restoration of privacy protections" }, { "text": "5. Definitions; Effective date \n(a) In general \nFor purposes of this Act: (1) December 2000 medical privacy rule \nThe term December 2000 medical privacy rule means the final rule on standards for privacy of individually identifiable health information published on December 28, 2000, in the Federal Register (65 Fed. Reg. 82462), including the provisions of title 45, Code of Federal Regulations, revised or added by such rule. (2) August 2002 medical privacy rule \nThe term August 2002 medical privacy rule means the final rule, published on August 14, 2002, in the Federal Register (67 Fed. Reg. 53182), that modified the December 2000 medical privacy rule. (b) Other terms defined \nFor purposes of this Act: (1) Business associate; covered entity; health care provider \nThe terms business associate , covered entity , and health care provider shall have the meaning given such terms in section 160.103 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (2) Disclosure; individual, protected health information; treatment; use \nThe terms disclosure , individual , protected health information , treatment , and use shall have the meaning given such terms in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (c) Effective date; no regulations required \nThis Act shall take effect on the date of the enactment of this Act and does not require the issuance of regulations.", "id": "H3AF26914E6C9496F887165619D573DE8", "header": "Definitions; Effective date" } ]
5
1. Short title This Act may be cited as the Stop Taking Our Health Privacy (STOHP) Act of 2002. 2. Findings The Congress finds as follows: (1) People in the United States are deeply concerned about the confidentiality of their health information. According to a recent survey conducted by the Princeton Survey Research Associates, 1 in 6 people in the United States has done something out of the ordinary to keep personal health information confidential, including withholding information, providing inaccurate information, or, in some cases, avoiding care entirely. (2) Pursuant to the Health Insurance Portability and Accountability Act of 1996 (Public Law 104–191; 110 Stat. 1936 et seq.) (commonly referred to as HIPAA ), the Clinton Administration issued comprehensive medical privacy regulations which were promulgated in final form in December 2000. (3) Such regulations established a sound foundation of privacy protections by prohibiting the use or disclosure of an individual's health information unless specifically authorized by the regulations or by the individual. The regulations also provided individuals with the right to be notified of the privacy practices of health plans, health care providers, and health care clearinghouses regarding disclosure of their health information, the right to access and copy their own health records, and the right to request corrections of their health records, among other provisions. (4) Such regulations took effect in April 2001 and require health care providers, health plans (other than small health plans) and health care clearinghouses to comply not later than April 2003. (5) In August 2002, the Bush Administration issued a final rule that significantly weakened medical privacy protections in the December 2000 medical privacy rule. (6) The Bush Administration undermined medical privacy protections by eliminating the rule's requirement that covered entities obtain patient consent before using and disclosing patient health information for treatment, payment, and health care operations. This change means that patients' medical records can be used and disclosed without their permission for a wide range of purposes including business activities that have nothing to do with the treatment of a patient, such as the sale or merger of a health maintenance organization. This change also allows the use and disclosure of information in existing medical records even though patients disclosed the information with the understanding and expectation that it would not be further used or disclosed without their consent. The elimination of consent compromises the confidentiality at the heart of physician-patient relationships, which is indispensable for the delivery of high-quality, thorough care. (7) The Bush Administration also undermined medical privacy protections by expanding the circumstances under which patients' information can be shared without their knowledge or consent to include activities that consumers typically consider marketing. This change was accomplished by narrowing the scope of activities that are regulated by the provisions of the rule governing marketing. Under this change, pharmacies and other providers can use a consumer's medical information without consent to mail the consumer unsolicited drug product recommendations, without having to disclose fees paid by drug companies for sending such communications or provide the consumer an opportunity to decline to receive such communications in the future. (8) The Bush Administration further undermined medical privacy protections by changing the language in the section of the rule governing public health to allow the disclosure of medical information without patient permission to entities regulated by the Food and Drug Administration, such as pharmaceutical companies and medical device manufacturers, for an expanded and broad range of purposes which may include marketing campaigns. In contrast, the December 2000 rule allowed nonconsensual disclosure of patient health information for an exclusive list of public health related activities, such as for the purpose of reporting serious side effects from a prescription drug to the Food and Drug Administration. (9) Reversal of the Bush Administration's changes to the December 2000 medical privacy rule is integral to any effort to ensure medical privacy protection for consumers and preserve access to high-quality health care in the United States. (10) Core medical privacy protections of the December 2000 medical privacy rule should be restored by— (A) reinstating the patient consent requirement for treatment, payment, and health care operations, while ensuring that the requirement does not impede important health care activities such as filling pharmaceutical prescriptions and making referrals; (B) returning to the December 2000 definition of marketing and thus ensuring that activities typically considered marketing, such as drug companies paying pharmacies to send product recommendations to patients, fall under the rule's privacy protections relating to the use of patient health information for marketing activities; and (C) eliminating the broad public health exemption created by the August 2002 rule. 3. Purpose The purpose of this Act is to restore patient privacy protections essential for high-quality health care that were undermined by the Bush Administration's August 2002 modifications of the December 2000 medical privacy rule. 4. Restoration of privacy protections (a) Consent for uses or disclosures to carry out treatment, payment, or health care operations (1) In general The modifications made to section 164.506 of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. (2) Clarification regarding instances when consent is not required In addition to the circumstances described in the December 2000 medical privacy rule, and notwithstanding any provision to the contrary, such section 164.506 shall be construed and applied so as to permit a health care provider to use or disclose an individual's protected health information without obtaining the prior consent of the individual in the following circumstances: (A) A health care provider may use or disclose an individual’s protected health information to fill or dispense a prescription, search for drug interactions related to that prescription, and determine eligibility and obtain authorization for payment regarding that prescription, if the health care provider obtains written consent from the individual as soon as practicable. (B) A health care provider may use or disclose an individual’s protected health information to carry out treatment of that individual if— (i) the individual and the health care provider have not had in-person communication regarding such treatment; (ii) obtaining consent would be impracticable; (iii) the health care provider determines, in the exercise of professional judgment, that the individual’s consent is clearly inferred from the circumstances, such as an order or referral from another health care provider; and (iv) the health care provider obtains written consent from the individual as soon as practicable. (b) Marketing (1) In general The modifications made by the August 2002 medical privacy rule to the definition of the term marketing in section 164.501 of title 45, Code of Federal Regulations, shall have no force or effect. (2) Treatment of certain communications The exception for oral communications in paragraph (2)(i) of the definition of the term marketing in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule, shall have no force or effect. (3) Authorizations for marketing Section 164.508 of title 45, Code of Federal Regulations, shall be construed and applied so as to require that, if an authorization is required for a use or disclosure for marketing, the authorization shall be considered invalid unless it— (A) uses the term marketing ; (B) states that the purpose of the use or disclosure involved is marketing; (C) describes the specific marketing uses and disclosures authorized, including whether the protected health information involved— (i) may be used for purposes internal to the covered entity; (ii) may be disclosed to, and used by, a business associate of the covered entity; and (iii) may be disclosed to, and used by, any person or entity other than a business associate of the covered entity; and (D) states that the use or disclosure of protected health information for marketing will directly result in remuneration to the covered entity from a third party, in any case in which a covered entity expects, or reasonably should expect, that such remuneration will occur. (c) Public health The modifications made to section 164.512(b)(1)(iii) of title 45, Code of Federal Regulations, by the August 2002 medical privacy rule shall have no force or effect. 5. Definitions; Effective date (a) In general For purposes of this Act: (1) December 2000 medical privacy rule The term December 2000 medical privacy rule means the final rule on standards for privacy of individually identifiable health information published on December 28, 2000, in the Federal Register (65 Fed. Reg. 82462), including the provisions of title 45, Code of Federal Regulations, revised or added by such rule. (2) August 2002 medical privacy rule The term August 2002 medical privacy rule means the final rule, published on August 14, 2002, in the Federal Register (67 Fed. Reg. 53182), that modified the December 2000 medical privacy rule. (b) Other terms defined For purposes of this Act: (1) Business associate; covered entity; health care provider The terms business associate , covered entity , and health care provider shall have the meaning given such terms in section 160.103 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (2) Disclosure; individual, protected health information; treatment; use The terms disclosure , individual , protected health information , treatment , and use shall have the meaning given such terms in section 164.501 of title 45, Code of Federal Regulations, as contained in the December 2000 medical privacy rule. (c) Effective date; no regulations required This Act shall take effect on the date of the enactment of this Act and does not require the issuance of regulations.
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To provide for and approve settlement of certain land claims of the Wyandotte Nation, and for other purposes.
[ { "text": "1. Findings and purposes \n(a) Findings \nCongress finds the following: (1) The Wyandotte Nation has a valid interest in certain lands located in the Fairfax Business District in Wyandotte County, Kansas, that are located within the Nation's reservation established pursuant to an agreement between the Wyandotte Nation and the Delaware Nation dated December 14, 1843, which agreement was ratified by the Senate on July 25, 1848. (2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303–CM, against certain landowners within the Fairfax Business District to ascertain and adjudicate ownership of lands that were once owned and held in trust by the United States for the benefit of the Wyandotte Nation but were not conveyed to the United States by the Wyandotte Nation pursuant to the Treaty of January 31, 1855. (3) The Lawsuit also contends that certain major roads in Kansas City encroach upon a certain parcel of land, known as the Huron Cemetery, which was reserved for the Wyandotte Nation in the Treaty of January 31, 1855. (4) The pendency of this Lawsuit has resulted in severe economic hardships for the residents of the Fairfax Business District of Wyandotte County, Kansas, by clouding title to much of the land within that District. (5) Congress shares with the residents of the Fairfax Business District of Wyandotte County, Kansas, a desire to remove all clouds on title resulting from the Lawsuit without additional cost or expense to either the United States, the State of Kansas, the Unified Government of Kansas City and Wyandotte County, Kansas, and all other landowners within the Fairfax Business District of Wyandotte County, Kansas. (6) The Wyandotte Nation and the Unified Government of Kansas City and Wyandotte County have reached an agreement settling the Lawsuit which requires implementing legislation by the Congress of the United States. (b) Purposes \nThe purposes of this Act are as follows: (1) To settle the Lawsuit. (2) To direct the Secretary to take into trust for the benefit of the Wyandotte Nation the Settlement Lands in settlement of the Wyandotte Nation's Lawsuit and land claims asserted therein.", "id": "HFB7296DCF44245EA80069B891EBBC84D", "header": "Findings and purposes" }, { "text": "2. Definitions \nFor purposes of this Act, the following definitions apply: (1) Kansas lands \nThe term Kansas Lands means all of the lands described and identified as Gifted Lands and Accreted Lands in the Wyandotte Nation's complaint filed in the Lawsuit, as well as those portions of Seventh Street and Minnesota Avenue located within Kansas City, Kansas, which the Wyandotte Nation claim in the Lawsuit were included within the Huron Cemetery under the Treaty of January 31, 1855. (2) Lawsuit \nThe term Lawsuit means Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303–CM. (3) Secretary \nThe term Secretary means the Secretary of the Interior. (4) Settlement lands \nThe term Settlement Lands means the following parcel of real property located in the City of Edwardsville, Wyandotte County, Kansas, which the United States shall hold in trust for the Wyandotte Nation as part of the settlement of the claims of the Wyandotte Nation to the Kansas Lands: Legal description as recited in Quit Claim Deed filed for record as Parcel I.D. 944806, book 3190 at page 198 and book 4408 at page 789 in the Wyandotte County Register of Deeds Office. (5) Unified government \nThe term Unified Government means the Unified Government of Kansas City and Wyandotte County, Kansas. (6) Wyandotte nation \nThe term Wyandotte Nation means the Wyandotte Nation, a federally recognized Indian tribe.", "id": "H5CB87217ADA04D4C9E5CCCBB15950CC", "header": "Definitions" }, { "text": "3. Acceptance of settlement lands \n(a) Trust status \nConcurrently with the relinquishment by the Wyandotte Nation of any and all claims to the Kansas Lands and dismissal with prejudice of the Lawsuit, the Secretary shall take the Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of the Wyandotte Nation's land claims to the Kansas Lands asserted in the Lawsuit, if there are no adverse legal claims on the Settlement Lands, including outstanding liens, mortgages, or taxes owed. The Secretary's taking of the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act is a mandatory trust acquisition, and the terms and provisions of the Act of June 18, 1934 (popularly known as the Indian Reorganization Act; 25 U.S.C. 461 et seq.), and the regulations and standards set forth in part 151 of title 25, Code of Federal Regulations, shall not apply to the Secretary's taking of the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act. (b) Settlement of land claims \nThe Settlement Lands are taken into trust as provided in this section as part of the settlement of the Wyandotte Nation's land claims to the Kansas Land asserted in the Lawsuit within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act. (c) Status of settlement land \nUpon the Secretary taking the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act, the Settlement Lands shall become a reservation of the Wyandotte Nation. (d) Application of the kansas act \nUpon the Secretary taking the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act, the Act of June 25, 1948 (popularly known as the Kansas Act; 18 U.S.C. 3243), shall apply to the Settlement Lands.", "id": "H76A25C0D5768476785187810DE7876B5", "header": "Acceptance of settlement lands" }, { "text": "4. Extinguishment of title and claims \n(a) Approval and ratification of prior transfers \nAny transfer, before the date of enactment of this Act, of land or natural resources located within the boundaries of the Kansas Lands from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians or any member thereof, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, including, without limitation, the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat. 137), and Congress hereby does approve and ratify such transfers effective as of the date of such transfers. (b) Aboriginal title extinguished \nAny aboriginal title held by any Indian, Indian nation, or tribe or band of Indians or any member thereof to any land or natural resources located within the boundaries of the Kansas Lands, the transfer of which was approved and ratified by subsection (a), shall be regarded as extinguished as of the date of such transfer. (c) Extinguishment of claims \nThe transfer of the Settlement Lands to the Secretary in trust for the benefit of the Wyandotte Nation as part of the settlement of the Nation’s land claims asserted in the Lawsuit of the Wyandotte Nation under this Act shall be conditioned upon receipt by the Secretary of a duly enacted resolution of the elected tribal council or business committee of the Wyandotte Nation agreeing to the extinguishment of all claims (including any claims based upon aboriginal title) against the United States, the Unified Government, or any person or entity by the Wyandotte Nation in connection with the Kansas Lands (including, without limitation, claims for hunting, trapping, trespass, damages, use, or occupancy) as provided in this Act, and agreeing to the extinguishment of any claims against the United States based upon the enactment of this Act. The extinguishment of these claims is in consideration for the benefits to the Wyandotte Nation under this Act.", "id": "H9E18AF67EBD545CDB549F6743391D59D", "header": "Extinguishment of title and claims" }, { "text": "5. Compact with the state of Kansas \n(a) Compact procedures \nIf the State of Kansas and the Wyandotte Nation have not entered into a tribal-State compact under section 11(d) of the Indian Gaming Regulatory Act within 90 days after the date of enactment of this Act, the Secretary shall, in consultation with the Wyandotte Nation and the State of Kansas, prescribe procedures for the conduct of gaming activities on the Settlement Lands which are consistent with the provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and the relevant provisions of the laws of the State of Kansas. (b) Surrender of certain other rights \nThe prescription of procedures under subsection (a) shall be conditioned upon the Secretary’s receipt of a duly enacted resolution of the elected tribal council or business committee of the Wyandotte Nation agreeing that upon commencement of the Wyandotte Nation’s operations on the Settlement Lands as contemplated under section 11(d) of the Indian Gaming Regulatory Act, the Wyandotte Nation will permanently renounce, surrender, and forgo any and all rights the Wyandotte Nation may have under the Indian Gaming Regulatory Act with respect to any Indian lands of the Wyandotte Nation, within the scope of section 4 of the Indian Gaming Regulatory Act, located within the external boundaries of Wyandotte County, Kansas, with the exception of the Settlement Lands.", "id": "HC352C7E634AE4C2190BB4E427B6BA978", "header": "Compact with the state of Kansas" }, { "text": "6. Practice and procedure \n(a) Limitation of action \nNotwithstanding any other provision of law, any action to contest the constitutionality or validity under law of this Act shall be barred unless the action is filed on or before the date which is 180 days after the date of the enactment of this Act. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the District of Kansas. (b) Actions by the secretary \nWhen administering this Act, the Secretary shall be aware and mindful of the trust responsibility of the United States to the Wyandotte Nation and shall take such actions as may be necessary or appropriate to carry out this Act. (c) Separability of provisions \nIn the event that any provision of this Act is held invalid, it is the intent of Congress that the entire Act be invalidated.", "id": "HCB850847C57C415FBE3472BF3F22A8B4", "header": "Practice and procedure" } ]
6
1. Findings and purposes (a) Findings Congress finds the following: (1) The Wyandotte Nation has a valid interest in certain lands located in the Fairfax Business District in Wyandotte County, Kansas, that are located within the Nation's reservation established pursuant to an agreement between the Wyandotte Nation and the Delaware Nation dated December 14, 1843, which agreement was ratified by the Senate on July 25, 1848. (2) The Wyandotte Nation filed a lawsuit, Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303–CM, against certain landowners within the Fairfax Business District to ascertain and adjudicate ownership of lands that were once owned and held in trust by the United States for the benefit of the Wyandotte Nation but were not conveyed to the United States by the Wyandotte Nation pursuant to the Treaty of January 31, 1855. (3) The Lawsuit also contends that certain major roads in Kansas City encroach upon a certain parcel of land, known as the Huron Cemetery, which was reserved for the Wyandotte Nation in the Treaty of January 31, 1855. (4) The pendency of this Lawsuit has resulted in severe economic hardships for the residents of the Fairfax Business District of Wyandotte County, Kansas, by clouding title to much of the land within that District. (5) Congress shares with the residents of the Fairfax Business District of Wyandotte County, Kansas, a desire to remove all clouds on title resulting from the Lawsuit without additional cost or expense to either the United States, the State of Kansas, the Unified Government of Kansas City and Wyandotte County, Kansas, and all other landowners within the Fairfax Business District of Wyandotte County, Kansas. (6) The Wyandotte Nation and the Unified Government of Kansas City and Wyandotte County have reached an agreement settling the Lawsuit which requires implementing legislation by the Congress of the United States. (b) Purposes The purposes of this Act are as follows: (1) To settle the Lawsuit. (2) To direct the Secretary to take into trust for the benefit of the Wyandotte Nation the Settlement Lands in settlement of the Wyandotte Nation's Lawsuit and land claims asserted therein. 2. Definitions For purposes of this Act, the following definitions apply: (1) Kansas lands The term Kansas Lands means all of the lands described and identified as Gifted Lands and Accreted Lands in the Wyandotte Nation's complaint filed in the Lawsuit, as well as those portions of Seventh Street and Minnesota Avenue located within Kansas City, Kansas, which the Wyandotte Nation claim in the Lawsuit were included within the Huron Cemetery under the Treaty of January 31, 1855. (2) Lawsuit The term Lawsuit means Wyandotte Nation v. Unified Government of Kansas City and Wyandotte County, Kansas, U.S. D.C. Kan., Case No. 012303–CM. (3) Secretary The term Secretary means the Secretary of the Interior. (4) Settlement lands The term Settlement Lands means the following parcel of real property located in the City of Edwardsville, Wyandotte County, Kansas, which the United States shall hold in trust for the Wyandotte Nation as part of the settlement of the claims of the Wyandotte Nation to the Kansas Lands: Legal description as recited in Quit Claim Deed filed for record as Parcel I.D. 944806, book 3190 at page 198 and book 4408 at page 789 in the Wyandotte County Register of Deeds Office. (5) Unified government The term Unified Government means the Unified Government of Kansas City and Wyandotte County, Kansas. (6) Wyandotte nation The term Wyandotte Nation means the Wyandotte Nation, a federally recognized Indian tribe. 3. Acceptance of settlement lands (a) Trust status Concurrently with the relinquishment by the Wyandotte Nation of any and all claims to the Kansas Lands and dismissal with prejudice of the Lawsuit, the Secretary shall take the Settlement Lands into trust for the benefit of the Wyandotte Nation as part of the settlement of the Wyandotte Nation's land claims to the Kansas Lands asserted in the Lawsuit, if there are no adverse legal claims on the Settlement Lands, including outstanding liens, mortgages, or taxes owed. The Secretary's taking of the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act is a mandatory trust acquisition, and the terms and provisions of the Act of June 18, 1934 (popularly known as the Indian Reorganization Act; 25 U.S.C. 461 et seq.), and the regulations and standards set forth in part 151 of title 25, Code of Federal Regulations, shall not apply to the Secretary's taking of the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act. (b) Settlement of land claims The Settlement Lands are taken into trust as provided in this section as part of the settlement of the Wyandotte Nation's land claims to the Kansas Land asserted in the Lawsuit within the meaning of section 20(b)(1)(B)(i) of the Indian Gaming Regulatory Act. (c) Status of settlement land Upon the Secretary taking the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act, the Settlement Lands shall become a reservation of the Wyandotte Nation. (d) Application of the kansas act Upon the Secretary taking the Settlement Lands into trust for the benefit of the Wyandotte Nation under this Act, the Act of June 25, 1948 (popularly known as the Kansas Act; 18 U.S.C. 3243), shall apply to the Settlement Lands. 4. Extinguishment of title and claims (a) Approval and ratification of prior transfers Any transfer, before the date of enactment of this Act, of land or natural resources located within the boundaries of the Kansas Lands from, by, or on behalf of any Indian, Indian nation, or tribe or band of Indians or any member thereof, shall be deemed to have been made in accordance with the Constitution and all laws of the United States, including, without limitation, the Trade and Intercourse Act of 1790, Act of July 22, 1790 (ch. 33, sec. 4; 1 Stat. 137), and Congress hereby does approve and ratify such transfers effective as of the date of such transfers. (b) Aboriginal title extinguished Any aboriginal title held by any Indian, Indian nation, or tribe or band of Indians or any member thereof to any land or natural resources located within the boundaries of the Kansas Lands, the transfer of which was approved and ratified by subsection (a), shall be regarded as extinguished as of the date of such transfer. (c) Extinguishment of claims The transfer of the Settlement Lands to the Secretary in trust for the benefit of the Wyandotte Nation as part of the settlement of the Nation’s land claims asserted in the Lawsuit of the Wyandotte Nation under this Act shall be conditioned upon receipt by the Secretary of a duly enacted resolution of the elected tribal council or business committee of the Wyandotte Nation agreeing to the extinguishment of all claims (including any claims based upon aboriginal title) against the United States, the Unified Government, or any person or entity by the Wyandotte Nation in connection with the Kansas Lands (including, without limitation, claims for hunting, trapping, trespass, damages, use, or occupancy) as provided in this Act, and agreeing to the extinguishment of any claims against the United States based upon the enactment of this Act. The extinguishment of these claims is in consideration for the benefits to the Wyandotte Nation under this Act. 5. Compact with the state of Kansas (a) Compact procedures If the State of Kansas and the Wyandotte Nation have not entered into a tribal-State compact under section 11(d) of the Indian Gaming Regulatory Act within 90 days after the date of enactment of this Act, the Secretary shall, in consultation with the Wyandotte Nation and the State of Kansas, prescribe procedures for the conduct of gaming activities on the Settlement Lands which are consistent with the provisions of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) and the relevant provisions of the laws of the State of Kansas. (b) Surrender of certain other rights The prescription of procedures under subsection (a) shall be conditioned upon the Secretary’s receipt of a duly enacted resolution of the elected tribal council or business committee of the Wyandotte Nation agreeing that upon commencement of the Wyandotte Nation’s operations on the Settlement Lands as contemplated under section 11(d) of the Indian Gaming Regulatory Act, the Wyandotte Nation will permanently renounce, surrender, and forgo any and all rights the Wyandotte Nation may have under the Indian Gaming Regulatory Act with respect to any Indian lands of the Wyandotte Nation, within the scope of section 4 of the Indian Gaming Regulatory Act, located within the external boundaries of Wyandotte County, Kansas, with the exception of the Settlement Lands. 6. Practice and procedure (a) Limitation of action Notwithstanding any other provision of law, any action to contest the constitutionality or validity under law of this Act shall be barred unless the action is filed on or before the date which is 180 days after the date of the enactment of this Act. Exclusive jurisdiction over any such action is hereby vested in the United States District Court for the District of Kansas. (b) Actions by the secretary When administering this Act, the Secretary shall be aware and mindful of the trust responsibility of the United States to the Wyandotte Nation and shall take such actions as may be necessary or appropriate to carry out this Act. (c) Separability of provisions In the event that any provision of this Act is held invalid, it is the intent of Congress that the entire Act be invalidated.
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To provide for a Federal land exchange for the environmental, educational, and cultural benefit of the American public and the Eastern Band of Cherokee Indians, and for other purposes
[ { "text": "1. Short title \nThis Act may be cited as the Eastern Band of Cherokee Indians Land Exchange Act of 2002.", "id": "H4F54D8A96CDF4D0EA75934B7E5F837C8", "header": "Short title" }, { "text": "2. Findings and purposes \n(a) Findings \nCongress finds the following: (1) Since time immemorial, the ancestors of the Eastern Band of Cherokee Indians have lived in the Great Smoky Mountains of North Carolina. The Eastern Band's ancestral homeland includes much of seven eastern States and the land that now constitutes the Great Smoky Mountains National Park. (2) The Eastern Band has proposed a land exchange with the National Park Service and has spent over $1,500,000 for studies to thoroughly inventory the environmental and cultural resources of the proposed land exchange parcels. (3) Such land exchange would benefit the American public by enabling the National Park Service to acquire the Yellow Face tract, comprising 218 acres of land adjacent to the Blue Ridge Parkway. (4) Acquisition of the Yellow Face tract for protection by the National Park Service would serve the public interest by preserving important views for Blue Ridge Parkway visitors, preserving habitat for endangered species and threatened species including the northern flying squirrel and the rock gnome lichen, preserving valuable high altitude wetland seeps, and preserving the property from rapidly advancing residential development. (5) The proposed land exchange would also benefit the Eastern Band by allowing it to reclaim the Ravensford tract, comprising 144 acres adjacent to the Tribe’s trust territory in Cherokee, North Carolina, and currently within the Great Smoky Mountains National Park. The Ravensford tract is part of the Tribe’s ancestral homeland as evidenced by archaeological finds dating back no less than 6,000 years. (6) The Eastern Band has a critical need to replace the current Cherokee Elementary School, which was built by the Department of the Interior over 40 years ago with a capacity of 480 students. The school now hosts 794 students in dilapidated buildings and mobile classrooms at a dangerous highway intersection in downtown Cherokee, North Carolina. (7) The Eastern Band ultimately intends to build a new three-school campus to serve as an environmental, cultural, and educational village, where Cherokee language and culture can be taught alongside the standard curriculum. (8) The land exchange and construction of this educational village will benefit the American public by preserving Cherokee traditions and fostering a vibrant, modern, and well-educated Indian nation. (9) The land exchange will also reunify tribal lands now separated between the Big Cove Community and the balance of the Qualla Boundary, reestablishing the territorial integrity of the Eastern Band. (10) The Ravensford tract contains no threatened species or endangered species listed pursuant to the Endangered Species Act of 1973. The 218-acre Yellow Face tract has a number of listed threatened species and endangered species and a higher appraised value than the 144-acre Ravensford tract. (11) The Congress and the Department of the Interior have approved land exchanges in the past when the benefits to the public and requesting party are clear, as they are in this case. (b) Purposes \nThe purposes of this Act are the following: (1) To acquire the Yellow Face tract for protection by the National Park Service, in order to preserve the Waterrock Knob area's spectacular views, pristine wetlands, and endangered species and threatened species from encroachment by housing development, for the benefit and enjoyment of the American public. (2) To transfer the Ravensford tract, to be held in trust by the Department of the Interior for the benefit of the Eastern Band of Cherokee Indians, in order to provide for an education facility that promotes the cultural integrity of the Eastern Band and to reunify two Cherokee communities that were historically contiguous. (3) To promote cooperative activities and partnerships between the Eastern Band and the National Park Service within the Eastern Band’s ancestral homelands.", "id": "HE36A579E33BB42DD90F88500D1548683", "header": "Findings and purposes" }, { "text": "3. Land exchange \n(a) In general \nWithin 90 days after the effective date of this Act, the Secretary of the Interior shall exchange the Ravensford tract, currently in the Great Smoky Mountains National Park, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway. (b) Treatment of exchanged lands \nEffective upon receipt by the Secretary of a deed for the lands comprising the Yellow Face tract (as described in subsection (c)) to the United States, all right, title, and interest of the United States in and to the Ravensford tract, (as described in subsection (d)), including all improvements and appurtenances, are declared to be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians as part of the Cherokee Indian Reservation. (c) Yellow face tract \nTo effectuate this land exchange, the Eastern Band shall cause the following lands to be deeded to the United States. Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face Section, Qualla Township, Jackson County, North Carolina, consisting respectively of 110.4 and 108.2 acres more or less, together with all improvements and appurtenances thereto. The lands shall thereafter be included within the boundary of and managed as part of the Blue Ridge Parkway by the National Park Service. (d) Ravensford tract \nThe lands declared by subsection (b) to be held in trust for the Eastern Band of Cherokee Indians are as follows: The tract currently located within the Great Smoky Mountains National Park and identified on Map No. 133/800200, entitled “Ravensford Land Exchange Tract”, as on file and available for public inspection in the appropriate offices of the National Park Service and the Bureau of Indian Affairs, consisting of 144 acres more or less. (e) Legal descriptions \nNot later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall file a legal description of the areas described in subsections (c) and (d) with the Committee on Resources of the House of Representatives and the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate. Such legal descriptions shall have the same force and effect as if the information contained in the description were included in those subsections except that the Secretary may correct clerical and typographical errors in such legal descriptions. The legal descriptions shall be on file and available for public inspection in the offices of the National Park Service and the Bureau of Indian Affairs.", "id": "H047578FDEC8343EB8574945E8E12F656", "header": "Land exchange" }, { "text": "4. Implementation process \n(a) Government-to-government agreements \nIn order to fulfill the purposes of this Act and to establish cooperative partnerships for purposes of this Act the Director of the National Park Service and the Eastern Band of Cherokee Indians shall enter into government-to-government consultations and shall develop protocols to review planned construction on the Ravensford tract. The Director of the National Park Service is authorized to enter into cooperative agreements with the Eastern Band for the purpose of providing training, management, protection, and preservation of the natural and cultural resources on the Ravensford tract. (b) Construction standards \nThe National Park Service and the Eastern Band shall develop mutually agreed upon standards for size, impact, and design of construction consistent with the purposes of this Act on the Ravensford tract. The standards shall be consistent with the Eastern Band’s need to develop educational facilities and support infrastructure adequate for current and future generations and shall otherwise minimize or mitigate any adverse impacts on natural or cultural resources. The standards shall be based on recognized best practices for environmental sustainability and shall be reviewed periodically and revised as necessary. All development on the Ravensford tract shall be conducted in a manner consistent with such standards. (c) Tribal employment \nIn employing individuals to perform any construction, maintenance, interpretation, or other service in the Great Smoky Mountains National Park, the Secretary of the Interior shall, insofar as practicable, give first preference to qualified members of the Eastern Band.", "id": "H6AAE20B559A5477B00D88F5754D79C2C", "header": "Implementation process" }, { "text": "5. Gaming prohibition \nNothing in this Act shall be construed to satisfy the terms for an exception under section 20(b)(1) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)) to the prohibition on gaming on lands acquired by the Secretary of the Interior in trust for the benefit of an Indian tribe after October 17, 1988, under section 20(a) of such Act (25 U.S.C. 2719(a)).", "id": "H602CDDC3F7264B2D80BF80A180046BA", "header": "Gaming prohibition" } ]
5
1. Short title This Act may be cited as the Eastern Band of Cherokee Indians Land Exchange Act of 2002. 2. Findings and purposes (a) Findings Congress finds the following: (1) Since time immemorial, the ancestors of the Eastern Band of Cherokee Indians have lived in the Great Smoky Mountains of North Carolina. The Eastern Band's ancestral homeland includes much of seven eastern States and the land that now constitutes the Great Smoky Mountains National Park. (2) The Eastern Band has proposed a land exchange with the National Park Service and has spent over $1,500,000 for studies to thoroughly inventory the environmental and cultural resources of the proposed land exchange parcels. (3) Such land exchange would benefit the American public by enabling the National Park Service to acquire the Yellow Face tract, comprising 218 acres of land adjacent to the Blue Ridge Parkway. (4) Acquisition of the Yellow Face tract for protection by the National Park Service would serve the public interest by preserving important views for Blue Ridge Parkway visitors, preserving habitat for endangered species and threatened species including the northern flying squirrel and the rock gnome lichen, preserving valuable high altitude wetland seeps, and preserving the property from rapidly advancing residential development. (5) The proposed land exchange would also benefit the Eastern Band by allowing it to reclaim the Ravensford tract, comprising 144 acres adjacent to the Tribe’s trust territory in Cherokee, North Carolina, and currently within the Great Smoky Mountains National Park. The Ravensford tract is part of the Tribe’s ancestral homeland as evidenced by archaeological finds dating back no less than 6,000 years. (6) The Eastern Band has a critical need to replace the current Cherokee Elementary School, which was built by the Department of the Interior over 40 years ago with a capacity of 480 students. The school now hosts 794 students in dilapidated buildings and mobile classrooms at a dangerous highway intersection in downtown Cherokee, North Carolina. (7) The Eastern Band ultimately intends to build a new three-school campus to serve as an environmental, cultural, and educational village, where Cherokee language and culture can be taught alongside the standard curriculum. (8) The land exchange and construction of this educational village will benefit the American public by preserving Cherokee traditions and fostering a vibrant, modern, and well-educated Indian nation. (9) The land exchange will also reunify tribal lands now separated between the Big Cove Community and the balance of the Qualla Boundary, reestablishing the territorial integrity of the Eastern Band. (10) The Ravensford tract contains no threatened species or endangered species listed pursuant to the Endangered Species Act of 1973. The 218-acre Yellow Face tract has a number of listed threatened species and endangered species and a higher appraised value than the 144-acre Ravensford tract. (11) The Congress and the Department of the Interior have approved land exchanges in the past when the benefits to the public and requesting party are clear, as they are in this case. (b) Purposes The purposes of this Act are the following: (1) To acquire the Yellow Face tract for protection by the National Park Service, in order to preserve the Waterrock Knob area's spectacular views, pristine wetlands, and endangered species and threatened species from encroachment by housing development, for the benefit and enjoyment of the American public. (2) To transfer the Ravensford tract, to be held in trust by the Department of the Interior for the benefit of the Eastern Band of Cherokee Indians, in order to provide for an education facility that promotes the cultural integrity of the Eastern Band and to reunify two Cherokee communities that were historically contiguous. (3) To promote cooperative activities and partnerships between the Eastern Band and the National Park Service within the Eastern Band’s ancestral homelands. 3. Land exchange (a) In general Within 90 days after the effective date of this Act, the Secretary of the Interior shall exchange the Ravensford tract, currently in the Great Smoky Mountains National Park, for the Yellow Face tract adjacent to the Waterrock Knob Visitor Center on the Blue Ridge Parkway. (b) Treatment of exchanged lands Effective upon receipt by the Secretary of a deed for the lands comprising the Yellow Face tract (as described in subsection (c)) to the United States, all right, title, and interest of the United States in and to the Ravensford tract, (as described in subsection (d)), including all improvements and appurtenances, are declared to be held in trust by the United States for the benefit of the Eastern Band of Cherokee Indians as part of the Cherokee Indian Reservation. (c) Yellow face tract To effectuate this land exchange, the Eastern Band shall cause the following lands to be deeded to the United States. Parcels 88 and 89 of the Hornbuckle Tract, Yellow Face Section, Qualla Township, Jackson County, North Carolina, consisting respectively of 110.4 and 108.2 acres more or less, together with all improvements and appurtenances thereto. The lands shall thereafter be included within the boundary of and managed as part of the Blue Ridge Parkway by the National Park Service. (d) Ravensford tract The lands declared by subsection (b) to be held in trust for the Eastern Band of Cherokee Indians are as follows: The tract currently located within the Great Smoky Mountains National Park and identified on Map No. 133/800200, entitled “Ravensford Land Exchange Tract”, as on file and available for public inspection in the appropriate offices of the National Park Service and the Bureau of Indian Affairs, consisting of 144 acres more or less. (e) Legal descriptions Not later than 1 year after the date of enactment of this Act, the Secretary of the Interior shall file a legal description of the areas described in subsections (c) and (d) with the Committee on Resources of the House of Representatives and the Committee on Indian Affairs and the Committee on Energy and Natural Resources of the Senate. Such legal descriptions shall have the same force and effect as if the information contained in the description were included in those subsections except that the Secretary may correct clerical and typographical errors in such legal descriptions. The legal descriptions shall be on file and available for public inspection in the offices of the National Park Service and the Bureau of Indian Affairs. 4. Implementation process (a) Government-to-government agreements In order to fulfill the purposes of this Act and to establish cooperative partnerships for purposes of this Act the Director of the National Park Service and the Eastern Band of Cherokee Indians shall enter into government-to-government consultations and shall develop protocols to review planned construction on the Ravensford tract. The Director of the National Park Service is authorized to enter into cooperative agreements with the Eastern Band for the purpose of providing training, management, protection, and preservation of the natural and cultural resources on the Ravensford tract. (b) Construction standards The National Park Service and the Eastern Band shall develop mutually agreed upon standards for size, impact, and design of construction consistent with the purposes of this Act on the Ravensford tract. The standards shall be consistent with the Eastern Band’s need to develop educational facilities and support infrastructure adequate for current and future generations and shall otherwise minimize or mitigate any adverse impacts on natural or cultural resources. The standards shall be based on recognized best practices for environmental sustainability and shall be reviewed periodically and revised as necessary. All development on the Ravensford tract shall be conducted in a manner consistent with such standards. (c) Tribal employment In employing individuals to perform any construction, maintenance, interpretation, or other service in the Great Smoky Mountains National Park, the Secretary of the Interior shall, insofar as practicable, give first preference to qualified members of the Eastern Band. 5. Gaming prohibition Nothing in this Act shall be construed to satisfy the terms for an exception under section 20(b)(1) of the Indian Gaming Regulatory Act (25 U.S.C. 2719(b)(1)) to the prohibition on gaming on lands acquired by the Secretary of the Interior in trust for the benefit of an Indian tribe after October 17, 1988, under section 20(a) of such Act (25 U.S.C. 2719(a)).
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To enhance the capacity of organizations working in the United States-Mexico border region to develop affordable housing and infrastructure and to foster economic opportunity in the colonias.
[ { "text": "1. Short title \nThis Act may be cited as the Colonias Gateway Initiative Act.", "id": "H7A37BB5F4DC44CB8AED82200BCB0AB00", "header": "Short title" }, { "text": "2. Colonias Gateway Initiative \n(a) In general \nTo the extent amounts are made available to carry out this section, the Secretary may make grants under this section to one or more regional organizations to enhance the availability of affordable housing, economic opportunity, and infrastructure in the colonias. (b) Grants \nGrants under this section may be made only to regional organizations selected pursuant to subsection (c). After an organization has been selected pursuant to subsection (c) to receive a grant under this section, the Secretary may provide grants to such organization in subsequent fiscal years, subject to subsection (e). (c) Selection of regional organizations \nThe Secretary shall select one or more regional organizations that submit applications for grants under this section to receive such grants. The selection shall be made pursuant to a competition, which shall consider the applicant’s proposed work plan under subsection (e) and shall be based upon criteria that reflect the purposes of this section. Such criteria shall include a demonstration of the extent to which the applicant organization has the capacity to— (1) enhance the availability of affordable housing, economic opportunity, and infrastructure in the colonias by carrying out the eligible activities set forth in subsection (f); (2) provide assistance in each State in which colonias are located; (3) form partnerships with the public and private sectors and local and regional housing and economic development intermediaries to leverage and coordinate additional resources to achieve the purposes of this section; (4) ensure accountability to the residents of the colonias through active and ongoing outreach to, and consultation with, residents and local governments; and (5) meet such other criteria as the Secretary may specify. (d) Advisory Board \n(1) Membership \nThe Secretary shall appoint an Advisory Board that shall consist of nine members, who shall include— (A) one individual from each State in which colonias are located; (B) four individuals who are members of non-profit or private sector organizations having substantial investments in the colonias, at least one of whom is a member of such a private sector organization; and (C) one individual who is a resident of a colonia. (2) Chairperson \nThe Secretary shall designate a member of the Advisory Board as Chairperson. (3) Term \nAdvisory Board members shall be appointed for two year terms that shall be renewable at the discretion of the Secretary. (4) Compensation \nAdvisory Board members shall serve without compensation, but the Secretary may provide members with travel expenses, including per diem in lieu of subsistence, in accordance with section 5702 and 5703 of title 5, United States Code. (5) Functions \nThe Advisory Board shall_ (A) assist any regional organization that receives a grant under this section in the development and implementation of its final work plan under subsection (e); (B) review and approve all final work plans; (C) assist the Secretary in monitoring and evaluating the performance of any regional organization in implementing its final work plan; and (D) provide such other assistance as the Secretary may request. (e) Work plans \n(1) Application \nEach regional organization applying for a grant under this section shall include in its application a proposed work plan. (2) Annual submission \nTo be eligible to continue receive annual grants under this section after selection pursuant to subsection (c), a regional organization shall, on an annual basis after such selection and subject to the Secretary's determination to continue to provide grant amounts to such regional organization, submit a proposed work plan to the Advisory Board and the Secretary for review and approval. (3) Final work plan \nIn any fiscal year, including the fiscal year in which any regional organization is selected pursuant to subsection (c), prior to final determination and allocation of specific grant amounts, each selected regional organization shall, with the assistance of the Advisory Board, develop a final work plan that thoroughly describes how the regional organization will use specific grant amounts to carry out its functions under this section, which shall include the following: (A) A description of outcome measures and other baseline information to be used to monitor success in promoting affordable housing, economic opportunity, and infrastructure in the colonias. (B) An account of how the regional organization will strengthen the coordination of existing resources used to assist residents of the colonias, and how the regional organization will leverage additional public and private resources to complement such existing resources. (C) An explanation, in part, of the effects that implementation of the work plan will have on areas in and around colonias. (D) Such assurances as the Secretary may require that grant amounts will be used in a manner that results in assistance and investments for colonias in each State containing colonias, in accordance with requirements that the Advisory and the Secretary may establish that provide for a minimum level of such investment and assistance as a condition of the approval of the work plans. (4) Approval \nNo grant amounts under this section for a fiscal year may be provided to a regional organization until the Secretary approves the final work plan of the organization, including a specific grant amount for the organization. In determining whether to approve a final work plan, the Secretary shall consider whether the Advisory Board approved the plan. To the extent that the Advisory Board or the Secretary does not approve a work plan, the Advisory Board or the Secretary shall, to the maximum extent practicable, assist the selected regional organization that submitted the plan to develop an approvable plan. (f) Eligible activities \nGrant amounts under this section may be used only to carry out the following eligible activities to benefit the colonias: (1) Coordination of public, private, and community-based resources and the use of grant amounts to leverage such resources. (2) Technical assistance and capacity building, including training, business planning and investment advice, and the development of marketing and strategic investment plans; (3) Initial and early-stage investments in activities to provide_ (A) housing, infrastructure, and economic development; (B) housing counseling and financial education, including counseling and education about avoiding predatory lending; and (C) access to financial services for residents of colonias. (4) Development of comprehensive, regional, socioeconomic, and other data, and the establishment of a centralized information resource, to facilitate strategic planning and investments. (5) Administrative and planning costs of any regional organization in carrying out this section, except that the Secretary may limit the amount of grant funds used for such costs. (6) Such other activities as the Secretary deems appropriate to carry out this section. (g) Grant agreements \nA grant under this section shall be made only pursuant to a grant agreement between the Secretary and a regional organization selected under this section. (h) Termination and recapture \nIf the Secretary determines that a regional organization awarded a grant under this section has not substantially fulfilled its obligations under its final work plan or grant agreement, the Secretary shall terminate the regional organization's participation under this section, and shall recapture any unexpended grant amounts. (i) Details from other agencies \nUpon request of any selected regional organization that has an approved work plan, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to that regional organization to assist it in carrying out its duties under this section. (j) Environmental review \nFor purposes of environmental review, projects assisted by grant amounts under this section shall be treated as special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and shall be subject to regulations issued by the Secretary to implement such section. (k) Definitions \nFor the purposes of this section: (1) The term colonia means any identifiable community that— (A) is located in the State of Arizona, California, New Mexico, or Texas; (B) is located in the United States-Mexico border region; (C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and (D) was in existence and generally recognized as a colonia before the date of the enactment of this Act. (2) The term regional organization means a nonprofit organization or a consortium of nonprofit organizations with the capacity to serve colonias. (3) The term Secretary means the Secretary of Housing and Urban Development. (4) The term United States-Mexico border region means the area of the United States within 150 miles of the border between the United States and Mexico, except that such term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000. (l) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $16,000,000 for fiscal year 2003 and such sums as may be necessary for each of fiscal years 2004 through 2009. (m) Sunset \nNo new grants may be provided under this section after September 30, 2009.", "id": "HF1A813D6D85E444AA437A77B6919C2BD", "header": "Colonias Gateway Initiative" } ]
2
1. Short title This Act may be cited as the Colonias Gateway Initiative Act. 2. Colonias Gateway Initiative (a) In general To the extent amounts are made available to carry out this section, the Secretary may make grants under this section to one or more regional organizations to enhance the availability of affordable housing, economic opportunity, and infrastructure in the colonias. (b) Grants Grants under this section may be made only to regional organizations selected pursuant to subsection (c). After an organization has been selected pursuant to subsection (c) to receive a grant under this section, the Secretary may provide grants to such organization in subsequent fiscal years, subject to subsection (e). (c) Selection of regional organizations The Secretary shall select one or more regional organizations that submit applications for grants under this section to receive such grants. The selection shall be made pursuant to a competition, which shall consider the applicant’s proposed work plan under subsection (e) and shall be based upon criteria that reflect the purposes of this section. Such criteria shall include a demonstration of the extent to which the applicant organization has the capacity to— (1) enhance the availability of affordable housing, economic opportunity, and infrastructure in the colonias by carrying out the eligible activities set forth in subsection (f); (2) provide assistance in each State in which colonias are located; (3) form partnerships with the public and private sectors and local and regional housing and economic development intermediaries to leverage and coordinate additional resources to achieve the purposes of this section; (4) ensure accountability to the residents of the colonias through active and ongoing outreach to, and consultation with, residents and local governments; and (5) meet such other criteria as the Secretary may specify. (d) Advisory Board (1) Membership The Secretary shall appoint an Advisory Board that shall consist of nine members, who shall include— (A) one individual from each State in which colonias are located; (B) four individuals who are members of non-profit or private sector organizations having substantial investments in the colonias, at least one of whom is a member of such a private sector organization; and (C) one individual who is a resident of a colonia. (2) Chairperson The Secretary shall designate a member of the Advisory Board as Chairperson. (3) Term Advisory Board members shall be appointed for two year terms that shall be renewable at the discretion of the Secretary. (4) Compensation Advisory Board members shall serve without compensation, but the Secretary may provide members with travel expenses, including per diem in lieu of subsistence, in accordance with section 5702 and 5703 of title 5, United States Code. (5) Functions The Advisory Board shall_ (A) assist any regional organization that receives a grant under this section in the development and implementation of its final work plan under subsection (e); (B) review and approve all final work plans; (C) assist the Secretary in monitoring and evaluating the performance of any regional organization in implementing its final work plan; and (D) provide such other assistance as the Secretary may request. (e) Work plans (1) Application Each regional organization applying for a grant under this section shall include in its application a proposed work plan. (2) Annual submission To be eligible to continue receive annual grants under this section after selection pursuant to subsection (c), a regional organization shall, on an annual basis after such selection and subject to the Secretary's determination to continue to provide grant amounts to such regional organization, submit a proposed work plan to the Advisory Board and the Secretary for review and approval. (3) Final work plan In any fiscal year, including the fiscal year in which any regional organization is selected pursuant to subsection (c), prior to final determination and allocation of specific grant amounts, each selected regional organization shall, with the assistance of the Advisory Board, develop a final work plan that thoroughly describes how the regional organization will use specific grant amounts to carry out its functions under this section, which shall include the following: (A) A description of outcome measures and other baseline information to be used to monitor success in promoting affordable housing, economic opportunity, and infrastructure in the colonias. (B) An account of how the regional organization will strengthen the coordination of existing resources used to assist residents of the colonias, and how the regional organization will leverage additional public and private resources to complement such existing resources. (C) An explanation, in part, of the effects that implementation of the work plan will have on areas in and around colonias. (D) Such assurances as the Secretary may require that grant amounts will be used in a manner that results in assistance and investments for colonias in each State containing colonias, in accordance with requirements that the Advisory and the Secretary may establish that provide for a minimum level of such investment and assistance as a condition of the approval of the work plans. (4) Approval No grant amounts under this section for a fiscal year may be provided to a regional organization until the Secretary approves the final work plan of the organization, including a specific grant amount for the organization. In determining whether to approve a final work plan, the Secretary shall consider whether the Advisory Board approved the plan. To the extent that the Advisory Board or the Secretary does not approve a work plan, the Advisory Board or the Secretary shall, to the maximum extent practicable, assist the selected regional organization that submitted the plan to develop an approvable plan. (f) Eligible activities Grant amounts under this section may be used only to carry out the following eligible activities to benefit the colonias: (1) Coordination of public, private, and community-based resources and the use of grant amounts to leverage such resources. (2) Technical assistance and capacity building, including training, business planning and investment advice, and the development of marketing and strategic investment plans; (3) Initial and early-stage investments in activities to provide_ (A) housing, infrastructure, and economic development; (B) housing counseling and financial education, including counseling and education about avoiding predatory lending; and (C) access to financial services for residents of colonias. (4) Development of comprehensive, regional, socioeconomic, and other data, and the establishment of a centralized information resource, to facilitate strategic planning and investments. (5) Administrative and planning costs of any regional organization in carrying out this section, except that the Secretary may limit the amount of grant funds used for such costs. (6) Such other activities as the Secretary deems appropriate to carry out this section. (g) Grant agreements A grant under this section shall be made only pursuant to a grant agreement between the Secretary and a regional organization selected under this section. (h) Termination and recapture If the Secretary determines that a regional organization awarded a grant under this section has not substantially fulfilled its obligations under its final work plan or grant agreement, the Secretary shall terminate the regional organization's participation under this section, and shall recapture any unexpended grant amounts. (i) Details from other agencies Upon request of any selected regional organization that has an approved work plan, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to that regional organization to assist it in carrying out its duties under this section. (j) Environmental review For purposes of environmental review, projects assisted by grant amounts under this section shall be treated as special projects that are subject to section 305(c) of the Multifamily Housing Property Disposition Reform Act of 1994 (42 U.S.C. 3547), and shall be subject to regulations issued by the Secretary to implement such section. (k) Definitions For the purposes of this section: (1) The term colonia means any identifiable community that— (A) is located in the State of Arizona, California, New Mexico, or Texas; (B) is located in the United States-Mexico border region; (C) is determined to be a colonia on the basis of objective criteria, including lack of potable water supply, lack of adequate sewage systems, and lack of decent, safe, and sanitary housing; and (D) was in existence and generally recognized as a colonia before the date of the enactment of this Act. (2) The term regional organization means a nonprofit organization or a consortium of nonprofit organizations with the capacity to serve colonias. (3) The term Secretary means the Secretary of Housing and Urban Development. (4) The term United States-Mexico border region means the area of the United States within 150 miles of the border between the United States and Mexico, except that such term does not include any standard metropolitan statistical area that has a population exceeding 1,000,000. (l) Authorization of appropriations There are authorized to be appropriated to carry out this section $16,000,000 for fiscal year 2003 and such sums as may be necessary for each of fiscal years 2004 through 2009. (m) Sunset No new grants may be provided under this section after September 30, 2009.
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To provide for reduction in the backlog of claims for benefits pending with the Department of Veterans Affairs.
[ { "text": "1. Short title \nThis Act may be cited as the Department of Veterans Affairs Claims Backlog Reduction Act of 2002.", "id": "H443942A45D924040899FEA2D6E2F6D56", "header": "Short title" }, { "text": "2. Findings \nCongress finds the following: (1) There are over 25,000,000 honorably discharged veterans of the Armed Forces of the United States. (2) There are over 500,000 veterans who have claims pending with the Department of Veterans Affairs for veterans' benefits, and approximately 100,000 of such claims are over one year old without resolution. (3) The Nation's veterans are dying at a rate of over 1,000 veterans a day. (4) It is the responsibility of the United States Government to live up to the promises to the Nation's veterans that were made and accepted. (5) The National Association of County Veterans Service Officers is an organization that includes approximately 2,400 full-time employees and whose members are present in 37 States. (6) Members of the National Association of County Veterans Service Officers stand ready to partner with the Department of Veterans Affairs in order to eliminate the backlog of claims for veterans' benefits.", "id": "HED6FF2E1E3F341F78E94035659004BF1", "header": "Findings" }, { "text": "3. Definitions \nIn this Act: (1) The term claimant means an individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary of Veterans Affairs. (2) The term \"County Veterans Service Officer\" means any person employed by or funded by any county, parish, borough, or territory whose job it is to assist veterans and eligible dependents in the application for, administration of, or receipt of benefits under any Federal, State, or County veterans' benefit program. (3) The term injury or illness claim means a claim for benefits that is documented as being service-connected. (4) The term presumptive claim means a claim for benefits that is presumptively connected to a specific tour of duty or to specific types of military assignment. (5) The term statutory claims means those claims for benefits defined in section 5101 of title 38, United States Code. (6) The term specific claims includes statutory claims, presumptive claims, and injury or illness claims. (7) The term ready to be rated means that there is sufficient information to evaluate the claimed disability and to assign a rating based on degree of disability. (8) The term State has the meaning given that term in section 101(20) of title 38, United States Code.", "id": "H8CD68904155E479582A9DF25529F957F", "header": "Definitions" }, { "text": "4. Reduction of backlog of veterans' claims \n(a) Referral of claims to county veteran service officers \n(1) The Secretary of Veterans Affairs shall identify the backlog of veterans' claims as of the date of the enactment of this Act and shall categorize those claims into types of specific claims. As part of such categorization, the Secretary shall identify the pending claims that require development. The Secretary shall refer those claims requiring development to a County Veterans Service Office for development. (2) The Secretary shall choose a County Veterans Service Office for development of a claim based upon the office's geographical proximity to the claimant. (3) A claim referred to a County Veterans Service Office for development shall be accompanied by specification from the Secretary of the information that is required to develop the claim and the information that is needed to make the claim ready to rate. (b) Filing of claims with county veterans service officers \nClaims for benefits under laws administered by the Secretary of Veterans Affairs may be submitted to County Veterans Service Officers. Receipt of such a claim by a County Veterans Service Officer under this Act shall be treated for all purposes as receipt of the claim by the Secretary of Veterans Affairs.", "id": "HF45E0D0B6767453F93A200EAEF713DEB", "header": "Reduction of backlog of veterans' claims" }, { "text": "5. Development of claims \n(a) Development of claims by county veterans service officer \nWhen a County Veterans Service Officer receives a claim referred under section 4(a) or receives a claim under section 4(b), that officer shall make personal contact with the claimant, explain the situation, and develop the claim. (b) Authority to fully develop claim \nA County Veterans Service Officer to whom a claim is referred under section 4(a) or receives a claim under section 4(b) shall have the authority to fully develop the claim and to transmit the claim to the Secretary of Veterans Affairs when the claim is ready to be rated. (c) Procedure \nOnce the claim has been fully developed, the claim shall be transmitted back to the Secretary with the information developed in accordance with the specification under section 3(a)(3) and a statement from the County Veterans Service Officer indicating that the claim is ready to rate. (d) Fully developed claims \nFor purposes of this section, a claim shall be considered to be fully developed when the County Veterans Service Officer has obtained all items that that officer determines are necessary to substantiate the claim and all items that the Secretary of Veterans Affairs has specifically specified to be developed in connection with the claim.", "id": "HC1420AF932814AFBB513CE4B07EB1755", "header": "Development of claims" }, { "text": "6. Information sharing \nVeterans information contained in the Benefits Delivery Network of the Department of Veterans Affairs shall be accessible to County Veterans Service Offices in order to provide County Veterans Service Offices with online access to client information contained in the Department of Veterans Affairs database. Such information shall be used by such offices to develop veterans claims under this Act and for no other purpose.", "id": "HF8934FDDBEE24749AA21E71600566235", "header": "Information sharing" }, { "text": "7. Allocation of funds \n(a) In general \nFunding for purposes of this Act shall be allocated by grant to the States based on the population of veterans in the respective States. Funds allocated to a State under this Act shall be directed to County Veterans Service Offices within the State through the State Department of Veterans Affairs (or the equivalent). (b) State overhead \nA State Department of Veterans Affairs may retain from any such grant for any fiscal year an amount equal to the expenses incurred by that State for administrative overhead in administering grants for that year, except that the amount so retained in any fiscal year may not exceed 3 percent of the amount of the grant to that State for that fiscal year. (c) Funds for education and training \nA portion of the funding received by a State under this Act for any fiscal year, as determined by the Secretary of Veterans Affairs in agreement with County Veterans Service Offices, shall be used for County Veterans Service Officers to attend educational programs sponsored by or equivalent to the National Association of County Veterans Service Officers annual continuing education and accreditation training. (d) Limitation on federal funding \nFederal funds under this Act may not be used to provide more than 50 percent of the total costs for County Veterans Service Offices and shall be used to expand existing programs, not to supplant existing local government funding. (e) Establishment of new cvso programs \n(1) In the case of a State that as of the date of the enactment of this Act does not have a County Veterans Service Officer program, Federal funding under this Act may be used by units of local government to establish such a program to assist veterans and their dependents in filing applications for veterans benefits and for the purposes specified in this Act. (2) In a State covered by paragraph (1), if a unit of local government chooses not to establish a County Veterans Service Officers program as described in that paragraph, the State department of veterans affairs (or the equivalent) may elect to perform the services in specified in this Act for that State. (3) In a State covered by paragraph (1), if both units of local government and the State government elect not to use some or all of the funds, the unused amount shall revert back to the Secretary of Veterans Affairs and shall be reallocated to those State department of veterans affairs (or the equivalent) in which County Veterans Service Officers programs exist to further expand services to veterans in those States in support of the veterans claims backlog reduction services under this Act.", "id": "H0A6F4C38EF32458C821D08DF724ED3BB", "header": "Allocation of funds" }, { "text": "8. Authorization of appropriations \nThere are authorized to be appropriated to the Secretary of Veterans Affairs to carry out this Act $70,000,000 for each of fiscal years 2003, 2004, and 2005.", "id": "H598CCE635C6547189DD7C534CAA6943D", "header": "Authorization of appropriations" } ]
8
1. Short title This Act may be cited as the Department of Veterans Affairs Claims Backlog Reduction Act of 2002. 2. Findings Congress finds the following: (1) There are over 25,000,000 honorably discharged veterans of the Armed Forces of the United States. (2) There are over 500,000 veterans who have claims pending with the Department of Veterans Affairs for veterans' benefits, and approximately 100,000 of such claims are over one year old without resolution. (3) The Nation's veterans are dying at a rate of over 1,000 veterans a day. (4) It is the responsibility of the United States Government to live up to the promises to the Nation's veterans that were made and accepted. (5) The National Association of County Veterans Service Officers is an organization that includes approximately 2,400 full-time employees and whose members are present in 37 States. (6) Members of the National Association of County Veterans Service Officers stand ready to partner with the Department of Veterans Affairs in order to eliminate the backlog of claims for veterans' benefits. 3. Definitions In this Act: (1) The term claimant means an individual applying for, or submitting a claim for, any benefit under the laws administered by the Secretary of Veterans Affairs. (2) The term "County Veterans Service Officer" means any person employed by or funded by any county, parish, borough, or territory whose job it is to assist veterans and eligible dependents in the application for, administration of, or receipt of benefits under any Federal, State, or County veterans' benefit program. (3) The term injury or illness claim means a claim for benefits that is documented as being service-connected. (4) The term presumptive claim means a claim for benefits that is presumptively connected to a specific tour of duty or to specific types of military assignment. (5) The term statutory claims means those claims for benefits defined in section 5101 of title 38, United States Code. (6) The term specific claims includes statutory claims, presumptive claims, and injury or illness claims. (7) The term ready to be rated means that there is sufficient information to evaluate the claimed disability and to assign a rating based on degree of disability. (8) The term State has the meaning given that term in section 101(20) of title 38, United States Code. 4. Reduction of backlog of veterans' claims (a) Referral of claims to county veteran service officers (1) The Secretary of Veterans Affairs shall identify the backlog of veterans' claims as of the date of the enactment of this Act and shall categorize those claims into types of specific claims. As part of such categorization, the Secretary shall identify the pending claims that require development. The Secretary shall refer those claims requiring development to a County Veterans Service Office for development. (2) The Secretary shall choose a County Veterans Service Office for development of a claim based upon the office's geographical proximity to the claimant. (3) A claim referred to a County Veterans Service Office for development shall be accompanied by specification from the Secretary of the information that is required to develop the claim and the information that is needed to make the claim ready to rate. (b) Filing of claims with county veterans service officers Claims for benefits under laws administered by the Secretary of Veterans Affairs may be submitted to County Veterans Service Officers. Receipt of such a claim by a County Veterans Service Officer under this Act shall be treated for all purposes as receipt of the claim by the Secretary of Veterans Affairs. 5. Development of claims (a) Development of claims by county veterans service officer When a County Veterans Service Officer receives a claim referred under section 4(a) or receives a claim under section 4(b), that officer shall make personal contact with the claimant, explain the situation, and develop the claim. (b) Authority to fully develop claim A County Veterans Service Officer to whom a claim is referred under section 4(a) or receives a claim under section 4(b) shall have the authority to fully develop the claim and to transmit the claim to the Secretary of Veterans Affairs when the claim is ready to be rated. (c) Procedure Once the claim has been fully developed, the claim shall be transmitted back to the Secretary with the information developed in accordance with the specification under section 3(a)(3) and a statement from the County Veterans Service Officer indicating that the claim is ready to rate. (d) Fully developed claims For purposes of this section, a claim shall be considered to be fully developed when the County Veterans Service Officer has obtained all items that that officer determines are necessary to substantiate the claim and all items that the Secretary of Veterans Affairs has specifically specified to be developed in connection with the claim. 6. Information sharing Veterans information contained in the Benefits Delivery Network of the Department of Veterans Affairs shall be accessible to County Veterans Service Offices in order to provide County Veterans Service Offices with online access to client information contained in the Department of Veterans Affairs database. Such information shall be used by such offices to develop veterans claims under this Act and for no other purpose. 7. Allocation of funds (a) In general Funding for purposes of this Act shall be allocated by grant to the States based on the population of veterans in the respective States. Funds allocated to a State under this Act shall be directed to County Veterans Service Offices within the State through the State Department of Veterans Affairs (or the equivalent). (b) State overhead A State Department of Veterans Affairs may retain from any such grant for any fiscal year an amount equal to the expenses incurred by that State for administrative overhead in administering grants for that year, except that the amount so retained in any fiscal year may not exceed 3 percent of the amount of the grant to that State for that fiscal year. (c) Funds for education and training A portion of the funding received by a State under this Act for any fiscal year, as determined by the Secretary of Veterans Affairs in agreement with County Veterans Service Offices, shall be used for County Veterans Service Officers to attend educational programs sponsored by or equivalent to the National Association of County Veterans Service Officers annual continuing education and accreditation training. (d) Limitation on federal funding Federal funds under this Act may not be used to provide more than 50 percent of the total costs for County Veterans Service Offices and shall be used to expand existing programs, not to supplant existing local government funding. (e) Establishment of new cvso programs (1) In the case of a State that as of the date of the enactment of this Act does not have a County Veterans Service Officer program, Federal funding under this Act may be used by units of local government to establish such a program to assist veterans and their dependents in filing applications for veterans benefits and for the purposes specified in this Act. (2) In a State covered by paragraph (1), if a unit of local government chooses not to establish a County Veterans Service Officers program as described in that paragraph, the State department of veterans affairs (or the equivalent) may elect to perform the services in specified in this Act for that State. (3) In a State covered by paragraph (1), if both units of local government and the State government elect not to use some or all of the funds, the unused amount shall revert back to the Secretary of Veterans Affairs and shall be reallocated to those State department of veterans affairs (or the equivalent) in which County Veterans Service Officers programs exist to further expand services to veterans in those States in support of the veterans claims backlog reduction services under this Act. 8. Authorization of appropriations There are authorized to be appropriated to the Secretary of Veterans Affairs to carry out this Act $70,000,000 for each of fiscal years 2003, 2004, and 2005.
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To provide for the improvement of the safety of child restraints in passenger motor vehicles, and for other purposes.
[ { "text": "1. Short Title \nThis Act may be cited as the Child Safety Enhancement Act of 2002.", "id": "H120D2DA957454497AC0090B1F0837FA", "header": "Short Title" }, { "text": "2. Findings \nCongress finds the following: (1) It is the policy of the Department of Transportation that all child occupants of motor vehicles, regardless of seating position, be appropriately restrained in order to reduce the incidence of injuries and fatalities resulting from motor vehicle crashes on the streets, roads, and highways. (2) Research has shown that very few children between the ages of 4 to 8 years old are in the appropriate restraint for their age when riding in passenger motor vehicles. (3) Children who have outgrown their child safety seats should ride in a belt-positioning booster seat until an adult seat belt fits properly. (4) Children who were properly restrained when riding in passenger motor vehicles suffered less severe injuries from accidents than children not properly restrained.", "id": "H6DA8DF85E01E4059ADAD6ECEF00A84D", "header": "Findings" }, { "text": "3. Improvement of safety of child restraints in passenger motor vehicles \n(a) In general \nThe Secretary of Transportation (hereafter referred to as the Secretary ) shall initiate a rulemaking proceeding to establish performance requirements for child restraints, including booster seats, for the restraint of children weighing more than 50 pounds. (b) Elements for consideration \nIn the rulemaking proceeding required by subsection (a), the Secretary shall— (1) consider whether to include injury performance criteria for child restraints, including booster seats and other products for use in passenger motor vehicles for the restraint of children weighing more than 50 pounds, under the requirements established in the rulemaking proceeding; (2) consider whether to establish performance requirements for seat belt fit when used with booster seats and other belt guidance devices; (3) consider whether to address situations where children weighing more than 50 pounds only have access to seating positions with lap belts, such as allowing tethered child restraints for such children; and (4) review the definition of the term booster seat in Federal motor vehicle safety standard No. 213 under section 571.213 of title 49, Code of Federal Regulation, to determine if it is sufficiently comprehensive. (c) Completion \nThe Secretary shall complete the rulemaking proceeding required by subsection (a) not later than 30 months after the date of the enactment of this Act.", "id": "H17E7FD5057B049C7B72C88ADF79D9D5", "header": "Improvement of safety of child restraints in passenger motor vehicles" }, { "text": "4. Development of anthropomorphic test device simulating a 10-year old child \n(a) Development and Evaluation \nNot later than 24 months after the date of the enactment of this Act, the Secretary shall develop and evaluate an anthropomorphic test device that simulates a 10-year old child for use in testing child restraints used in passenger motor vehicles. (b) Adoption by Rulemaking \nWithin 1 year following the development and evaluation carried out under subsection (a), the Secretary shall initiate a rulemaking proceeding for the adoption of an anthropomorphic test device as developed under subsection (a).", "id": "H792F20519A2E43A09410D634F5AFEA72", "header": "Development of anthropomorphic test device simulating a 10-year old child" }, { "text": "5. Requirements for installation of lap and shoulder belts \n(a) In general \nNot later than 24 months after the date of the enactment of this Act, the Secretary shall complete a rulemaking proceeding to amend Federal motor vehicle safety standard No. 208 under section 571.208 of title 49, Code of Federal Regulations, relating to occupant crash protection, in order to— (1) require a lap and shoulder belt assembly for each rear designated seating position in a passenger motor vehicle with a gross vehicle weight rating of 10,000 pounds or less, except that if the Secretary determines that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of passenger motor vehicle, the Secretary may exclude the designated seating position from the requirement; and (2) apply that requirement to passenger motor vehicles in phases in accordance with subsection (b). (b) Implementation schedule \nThe requirement prescribed under subsection (a)(1) shall be implemented in phases on a production year basis beginning with the production year that begins not later than 12 months after the end of the year in which the regulations are prescribed under subsection (a). The final rule shall apply to all passenger motor vehicles with a gross vehicle weight rating of 10,000 pounds or less that are manufactured in the third production year of the implementation phase-in under the schedule.", "id": "H3B3B191E969F4D4CBEAEBE1FF639D32", "header": "Requirements for installation of lap and shoulder belts" }, { "text": "6. Evaluation of Integrated Child Safety Systems \n(a) Evaluation \nNot later than 180 days after the date of enactment of this Act, the Secretary shall initiate an evaluation of integrated or built-in child restraints and booster seats. The evaluation should include— (1) the safety of the child restraint and correctness of fit for the child; (2) the availability of testing data on the system and vehicle in which the child restraint will be used; (3) the compatibility of the child restraint with different makes and models; (4) the cost-effectiveness of mass production of the child restraint for consumers; (5) the ease of use and relative availability of the child restraint to children riding in motor vehicles; and (6) the benefits of built-in seats for improving compliance with State child occupant restraint laws. (b) Report \nNot later than 12 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report of this evaluation.", "id": "HAB51B618B07F4513B26D9C009602E500", "header": "Evaluation of Integrated Child Safety Systems" }, { "text": "7. Definitions \nAs used in this Act, the following definitions apply: (1) Child restraint \nThe term child restraint means any product designed to provide restraint to a child (including booster seats and other products used with a lap and shoulder belt assembly) that meets applicable Federal motor vehicle safety standards prescribed by the National Highway Traffic Safety Administration. (2) Production year \nThe term production year means the 12-month period between September 1 of a year and August 31 of the following year. (3) Passenger motor vehicle \nThe term passenger motor vehicle has the meaning given that term in section 405(f)(5) of title 23, United States Code.", "id": "HB1573761A3784AC0B39BF72044004523", "header": "Definitions" }, { "text": "8. Authorization of appropriations \n(a) In General \nThere are authorized to be appropriated $5,000,000 to the Secretary of Transportation for— (1) the evaluation required by Section 6 of this Act; and (2) research of the nature and causes of injury to children involved in motor vehicle crashes. (b) Limitation \nFunds appropriated under subsection (a) shall not be available for the general administrative expenses of the Secretary.", "id": "H03BBC3237F1A46D2B1CE7D2EDEFAA44", "header": "Authorization of appropriations" } ]
8
1. Short Title This Act may be cited as the Child Safety Enhancement Act of 2002. 2. Findings Congress finds the following: (1) It is the policy of the Department of Transportation that all child occupants of motor vehicles, regardless of seating position, be appropriately restrained in order to reduce the incidence of injuries and fatalities resulting from motor vehicle crashes on the streets, roads, and highways. (2) Research has shown that very few children between the ages of 4 to 8 years old are in the appropriate restraint for their age when riding in passenger motor vehicles. (3) Children who have outgrown their child safety seats should ride in a belt-positioning booster seat until an adult seat belt fits properly. (4) Children who were properly restrained when riding in passenger motor vehicles suffered less severe injuries from accidents than children not properly restrained. 3. Improvement of safety of child restraints in passenger motor vehicles (a) In general The Secretary of Transportation (hereafter referred to as the Secretary ) shall initiate a rulemaking proceeding to establish performance requirements for child restraints, including booster seats, for the restraint of children weighing more than 50 pounds. (b) Elements for consideration In the rulemaking proceeding required by subsection (a), the Secretary shall— (1) consider whether to include injury performance criteria for child restraints, including booster seats and other products for use in passenger motor vehicles for the restraint of children weighing more than 50 pounds, under the requirements established in the rulemaking proceeding; (2) consider whether to establish performance requirements for seat belt fit when used with booster seats and other belt guidance devices; (3) consider whether to address situations where children weighing more than 50 pounds only have access to seating positions with lap belts, such as allowing tethered child restraints for such children; and (4) review the definition of the term booster seat in Federal motor vehicle safety standard No. 213 under section 571.213 of title 49, Code of Federal Regulation, to determine if it is sufficiently comprehensive. (c) Completion The Secretary shall complete the rulemaking proceeding required by subsection (a) not later than 30 months after the date of the enactment of this Act. 4. Development of anthropomorphic test device simulating a 10-year old child (a) Development and Evaluation Not later than 24 months after the date of the enactment of this Act, the Secretary shall develop and evaluate an anthropomorphic test device that simulates a 10-year old child for use in testing child restraints used in passenger motor vehicles. (b) Adoption by Rulemaking Within 1 year following the development and evaluation carried out under subsection (a), the Secretary shall initiate a rulemaking proceeding for the adoption of an anthropomorphic test device as developed under subsection (a). 5. Requirements for installation of lap and shoulder belts (a) In general Not later than 24 months after the date of the enactment of this Act, the Secretary shall complete a rulemaking proceeding to amend Federal motor vehicle safety standard No. 208 under section 571.208 of title 49, Code of Federal Regulations, relating to occupant crash protection, in order to— (1) require a lap and shoulder belt assembly for each rear designated seating position in a passenger motor vehicle with a gross vehicle weight rating of 10,000 pounds or less, except that if the Secretary determines that installation of a lap and shoulder belt assembly is not practicable for a particular designated seating position in a particular type of passenger motor vehicle, the Secretary may exclude the designated seating position from the requirement; and (2) apply that requirement to passenger motor vehicles in phases in accordance with subsection (b). (b) Implementation schedule The requirement prescribed under subsection (a)(1) shall be implemented in phases on a production year basis beginning with the production year that begins not later than 12 months after the end of the year in which the regulations are prescribed under subsection (a). The final rule shall apply to all passenger motor vehicles with a gross vehicle weight rating of 10,000 pounds or less that are manufactured in the third production year of the implementation phase-in under the schedule. 6. Evaluation of Integrated Child Safety Systems (a) Evaluation Not later than 180 days after the date of enactment of this Act, the Secretary shall initiate an evaluation of integrated or built-in child restraints and booster seats. The evaluation should include— (1) the safety of the child restraint and correctness of fit for the child; (2) the availability of testing data on the system and vehicle in which the child restraint will be used; (3) the compatibility of the child restraint with different makes and models; (4) the cost-effectiveness of mass production of the child restraint for consumers; (5) the ease of use and relative availability of the child restraint to children riding in motor vehicles; and (6) the benefits of built-in seats for improving compliance with State child occupant restraint laws. (b) Report Not later than 12 months after the date of enactment of this Act, the Secretary shall transmit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report of this evaluation. 7. Definitions As used in this Act, the following definitions apply: (1) Child restraint The term child restraint means any product designed to provide restraint to a child (including booster seats and other products used with a lap and shoulder belt assembly) that meets applicable Federal motor vehicle safety standards prescribed by the National Highway Traffic Safety Administration. (2) Production year The term production year means the 12-month period between September 1 of a year and August 31 of the following year. (3) Passenger motor vehicle The term passenger motor vehicle has the meaning given that term in section 405(f)(5) of title 23, United States Code. 8. Authorization of appropriations (a) In General There are authorized to be appropriated $5,000,000 to the Secretary of Transportation for— (1) the evaluation required by Section 6 of this Act; and (2) research of the nature and causes of injury to children involved in motor vehicle crashes. (b) Limitation Funds appropriated under subsection (a) shall not be available for the general administrative expenses of the Secretary.
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To authorize the Secretary of Veterans Affairs to construct a comprehensive veterans medical center in southern Nevada that would include a full service hospital, an outpatient clinic, and a long-term care nursing home facility.
[ { "text": "1. Short title \nThis Act may be cited as the Southern Nevada Veterans Medical Center Act of 2002.", "id": "H7ECEE1DE308B4DB497AD70566EFA0084", "header": "Short title" }, { "text": "2. Findings \nThe Congress makes the following findings: (1) Southern Nevada is one of the few regions in the country with a growing veterans population. (2) The Department of Veterans Affairs built the Addeliar G. Guy III Ambulatory Care Clinic in 1997 to serve as the primary health care clinic for southern Nevada. (3) The Department of Veterans Affairs has recently predicted that the number of annual visits by veterans to their primary health care clinic would rise from 198,608 in 1998 to 524,804 by 2010. (4) The Department of Veterans Affairs has had to abandon that clinic after finding substantial structural defects in the building that houses the clinic. The clinic is no longer structurally safe. (5) The Department of Veterans Affairs is proposing to relocate its surgical specialty, primary care, medical specialty care, and mental health clinics to nine separate geographic sites throughout southern Nevada. (6) Southern Nevada’s veterans have been forced to travel to veterans hospitals located in California many hours away for essential hospital services. The Department of Veterans Affairs issued more than 1,500 referrals to southern California for fiscal year 2002. Requiring veterans to travel great distances for surgical and other procedures represents an unacceptable burden on southern Nevada’s veterans and their family support base. (7) Southern Nevada’s veterans are facing a health care crisis. They have a fragmented clinic, no Federal long-term care or nursing home facility, and no full service hospital in southern Nevada.", "id": "H8CF0B0001F8D4EE6AB2710BC893DDAC5", "header": "Findings" }, { "text": "3. Authorization of southern Nevada veterans medical center for patient care \n(a) The Secretary of Veterans Affairs is authorized to carry out the construction of a major medical facility project in southern Nevada. The project shall consist of a new medical center consisting of a full service patient care hospital, an outpatient clinic, and a comprehensive long-term care nursing home facility. (b) The Secretary is encouraged to co-locate the Veterans Affairs regional office at the site of the new medical center in order to provide services for veterans at a common site.", "id": "H3C80CAA9BA434F8FA29C1F6C0500A272", "header": "Authorization of southern Nevada veterans medical center for patient care" }, { "text": "4. Partnerships \nThe Secretary of Veterans Affairs is encouraged to seek out partnerships with State and local government entities for the purpose of sharing the cost of planning, land acquisition, and construction, and the cost of maintaining, the center referred to in section 3.", "id": "HEEE38F74643C459ABEAE203703148B9", "header": "Partnerships" } ]
4
1. Short title This Act may be cited as the Southern Nevada Veterans Medical Center Act of 2002. 2. Findings The Congress makes the following findings: (1) Southern Nevada is one of the few regions in the country with a growing veterans population. (2) The Department of Veterans Affairs built the Addeliar G. Guy III Ambulatory Care Clinic in 1997 to serve as the primary health care clinic for southern Nevada. (3) The Department of Veterans Affairs has recently predicted that the number of annual visits by veterans to their primary health care clinic would rise from 198,608 in 1998 to 524,804 by 2010. (4) The Department of Veterans Affairs has had to abandon that clinic after finding substantial structural defects in the building that houses the clinic. The clinic is no longer structurally safe. (5) The Department of Veterans Affairs is proposing to relocate its surgical specialty, primary care, medical specialty care, and mental health clinics to nine separate geographic sites throughout southern Nevada. (6) Southern Nevada’s veterans have been forced to travel to veterans hospitals located in California many hours away for essential hospital services. The Department of Veterans Affairs issued more than 1,500 referrals to southern California for fiscal year 2002. Requiring veterans to travel great distances for surgical and other procedures represents an unacceptable burden on southern Nevada’s veterans and their family support base. (7) Southern Nevada’s veterans are facing a health care crisis. They have a fragmented clinic, no Federal long-term care or nursing home facility, and no full service hospital in southern Nevada. 3. Authorization of southern Nevada veterans medical center for patient care (a) The Secretary of Veterans Affairs is authorized to carry out the construction of a major medical facility project in southern Nevada. The project shall consist of a new medical center consisting of a full service patient care hospital, an outpatient clinic, and a comprehensive long-term care nursing home facility. (b) The Secretary is encouraged to co-locate the Veterans Affairs regional office at the site of the new medical center in order to provide services for veterans at a common site. 4. Partnerships The Secretary of Veterans Affairs is encouraged to seek out partnerships with State and local government entities for the purpose of sharing the cost of planning, land acquisition, and construction, and the cost of maintaining, the center referred to in section 3.
2,515
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To reinstate and transfer a hydroelectric license under the Federal Power Act to permit the immediate redevelopment of a hydroelectric project located in the State of New York, and for other purposes.
[ { "text": "1. Findings \nThe Congress finds that it is in the public interest to have reinstated by the Federal Energy Regulatory Commission (`FERC') the hydroelectric license for Project No. 2696; and, to have FERC transfer the license to the Town of Stuyvesant, New York, in order to utilize the hydraulic potential of waters of the United States.", "id": "H7E49A785769A414D970043403BC47BE8", "header": "Findings" }, { "text": "2. REINSTATEMENT AND TRANSFER \n(a) Reinstatement and transfer of Federal license for project numbered 2696 \nNotwithstanding section 8 of the Federal Power Act (16 U.S.C. 801) or any other provision thereof the FERC is directed to reinstate the license for Project No. 2696 and to transfer the license, without delay or the institution of any proceedings, to the Town of Stuyvesant, New York, holder of Federal Energy Regulatory Commission Preliminary Permit No. 11787, within 30 days of enactment of this Act. (b) Extension of license upon project's return to operation \nThe Federal Energy Regulatory Commission is directed to extend the expiration of the term of the license for Project No. 2696 to August 31, 2025, if the project's generating capability to a minimum level of 1 MW on a reliable basis within 2 years of enactment of this Act. (c) Hydroelectric incentives \nProject No. 2696 shall be entitled to the full benefit of any legislation passed by Congress that promotes hydroelectric development within 2 years either before or after this Act's effective date. (d) Project Financing and Development \nThe Commission shall permit the town to add as a co-licensee any private or public entity or entities to the reinstated license at any time, not withstanding the issuance of a preliminary permit to the town of Stuyvesant and any consideration of municipal preference. The town shall be entitled, to the extent that funds are available or shall be made available, to receive loans under section 402 and 403 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2702 and 2703), or similar programs, for the reimbursement of feasibility studies, or development costs, or both, incurred since January 1, 2001 through and including December 31, 2006. All power produced by the project shall be deemed incremental hydropower for purpose of qualifying for any energy credit or similar benefits.", "id": "H21D1E73F445E4D34B10955004786C19", "header": "REINSTATEMENT AND TRANSFER" } ]
2
1. Findings The Congress finds that it is in the public interest to have reinstated by the Federal Energy Regulatory Commission (`FERC') the hydroelectric license for Project No. 2696; and, to have FERC transfer the license to the Town of Stuyvesant, New York, in order to utilize the hydraulic potential of waters of the United States. 2. REINSTATEMENT AND TRANSFER (a) Reinstatement and transfer of Federal license for project numbered 2696 Notwithstanding section 8 of the Federal Power Act (16 U.S.C. 801) or any other provision thereof the FERC is directed to reinstate the license for Project No. 2696 and to transfer the license, without delay or the institution of any proceedings, to the Town of Stuyvesant, New York, holder of Federal Energy Regulatory Commission Preliminary Permit No. 11787, within 30 days of enactment of this Act. (b) Extension of license upon project's return to operation The Federal Energy Regulatory Commission is directed to extend the expiration of the term of the license for Project No. 2696 to August 31, 2025, if the project's generating capability to a minimum level of 1 MW on a reliable basis within 2 years of enactment of this Act. (c) Hydroelectric incentives Project No. 2696 shall be entitled to the full benefit of any legislation passed by Congress that promotes hydroelectric development within 2 years either before or after this Act's effective date. (d) Project Financing and Development The Commission shall permit the town to add as a co-licensee any private or public entity or entities to the reinstated license at any time, not withstanding the issuance of a preliminary permit to the town of Stuyvesant and any consideration of municipal preference. The town shall be entitled, to the extent that funds are available or shall be made available, to receive loans under section 402 and 403 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2702 and 2703), or similar programs, for the reimbursement of feasibility studies, or development costs, or both, incurred since January 1, 2001 through and including December 31, 2006. All power produced by the project shall be deemed incremental hydropower for purpose of qualifying for any energy credit or similar benefits.
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To provide for an adjustment of the boundaries of Mount Rainier National Park, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Mount Rainier National Park Boundary Adjustment Act of 2002.", "id": "H0985D40C2BF4472887176EEFF671C8CA", "header": "Short title" }, { "text": "2. Expansion of mount rainier national park \n(a) In general \n(1) Acquisition authorized \nThe Secretary of the Interior may acquire, with the consent of the owners, by donation, purchase with donated or appropriated funds, or exchange, privately owned land depicted on the map entitled ____ , numbered _____, and dated ____. (2) Limitation \nThe total acreage of the land acquired under this subsection and the land transferred to the administrative jurisdiction of the Secretary of the Interior under subsection (b) shall not exceed 1,000 acres. (3) Inclusion in park \nUpon the acquisition of property by the Secretary under this subsection— (A) the boundary of Mount Rainier National Park shall be modified to include the acquired property and to ensure that access over the Carbon River Bridge to National Forest lands is maintained for commercial and other public use; and (B) the Secretary of the Interior shall administer the acquired property as part of Mount Rainier National Park. (b) Transfer of national forest lands \n(1) Transfer \nThere is transferred to the Secretary of the Interior administrative jurisdiction over National Forest lands depicted on the map referred to in subsection (a)(1). (2) Inclusion in park \nUpon the effectiveness of this subsection, the boundary of Mount Rainier National Park shall be modified to include the lands referred to in paragraph (1). (c) Administrative site \nIn addition to lands acquired under subsection (a), in order to provide public information for the visitor accessing public lands along the Carbon and Mowich Corridors, the Secretary of the Interior may acquire land in the vicinity of Wilkeson, Washington, not to exceed.5 acre, by purchase, donation, or exchange, and from willing sellers only. (d) Administration of acquired lands \nThe Secretary of the Interior shall administer lands acquired under this section as part of Mount Rainier National Park and in accordance with applicable laws and regulations. (e) Availability of map \nThe map referred to in subsection (a)(1) shall be on file in the appropriate offices of the National Park Service.", "id": "HB0B92000A6D348258B81A275C900BBF3", "header": "Expansion of mount rainier national park" } ]
2
1. Short title This Act may be cited as the Mount Rainier National Park Boundary Adjustment Act of 2002. 2. Expansion of mount rainier national park (a) In general (1) Acquisition authorized The Secretary of the Interior may acquire, with the consent of the owners, by donation, purchase with donated or appropriated funds, or exchange, privately owned land depicted on the map entitled ____ , numbered _____, and dated ____. (2) Limitation The total acreage of the land acquired under this subsection and the land transferred to the administrative jurisdiction of the Secretary of the Interior under subsection (b) shall not exceed 1,000 acres. (3) Inclusion in park Upon the acquisition of property by the Secretary under this subsection— (A) the boundary of Mount Rainier National Park shall be modified to include the acquired property and to ensure that access over the Carbon River Bridge to National Forest lands is maintained for commercial and other public use; and (B) the Secretary of the Interior shall administer the acquired property as part of Mount Rainier National Park. (b) Transfer of national forest lands (1) Transfer There is transferred to the Secretary of the Interior administrative jurisdiction over National Forest lands depicted on the map referred to in subsection (a)(1). (2) Inclusion in park Upon the effectiveness of this subsection, the boundary of Mount Rainier National Park shall be modified to include the lands referred to in paragraph (1). (c) Administrative site In addition to lands acquired under subsection (a), in order to provide public information for the visitor accessing public lands along the Carbon and Mowich Corridors, the Secretary of the Interior may acquire land in the vicinity of Wilkeson, Washington, not to exceed.5 acre, by purchase, donation, or exchange, and from willing sellers only. (d) Administration of acquired lands The Secretary of the Interior shall administer lands acquired under this section as part of Mount Rainier National Park and in accordance with applicable laws and regulations. (e) Availability of map The map referred to in subsection (a)(1) shall be on file in the appropriate offices of the National Park Service.
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To establish an Emergency Malpractice Liability Insurance Commission
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Commission. Sec. 3. Duties of the Commission. Sec. 4. Final report; Congressional hearings. Sec. 5. Powers of Commission. Sec. 6. Commission personnel matters. Sec. 7. Authorization of appropriations; GAO audit. Sec. 8. Termination of Commission.", "id": "HC2972416902D4970A971FE817E022C33", "header": "Short title; table of contents" }, { "text": "2. Establishment of Commission \n(a) Establishment \nThere is established a commission to be known as Emergency Malpractice Liability Insurance Commission (in this Act referred to as the Commission ). (b) Purpose \nThe Commission shall examine the causes of soaring medical malpractice premiums and propose a comprehensive strategy to combat the consequences. (c) Membership of Commission \n(1) Composition \nThe commission shall be composed of 12 members of whom— (A) 4 shall be appointed by the President, 1 of whom shall be appointed to represent physicians’ interests, 1 of whom shall be appointed to represent malpractice liability insurers, 1 of whom shall be appointed to represent lawyers’ interests, and 1 of whom shall be appointed to represent consumer protection interests; (B) 1 Senator and 1 other individual shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate; (C) 1 Senator and 1 other individual shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate; (D) 1 Member of the House of Representatives and 1 other individual shall be appointed by the Speaker of the House of Representatives; and (E) 1 Member of the House of Representatives and 1 other individual shall be appointed by the Minority Leader of the House of Representatives. (2) Qualifications of members \n(A) Presidential appointments \nOf the individuals appointed under paragraph (1)(A), not more than 1 may be an officer, employee, or paid consultant of the Executive Branch. (B) Other appointments \nIndividuals who are not Members of Congress, appointed under subparagraph (B), (C), (D), or (E) of paragraph (1), shall be individuals who— (i) have expertise in medicine, insurance, law, consumers affairs, or have other pertinent qualifications or experience; and (ii) are not officers or employees of the United States. (C) Other considerations \nIn appointing Commission members, every effort shall be made to ensure that the members— (i) represent a broad cross section of regional and political perspectives in the United States; and (ii) provide fresh insights to analyzing the medical malpractice insurance crisis (d) Period of appointment; vacancies \n(1) In general \nMembers shall be appointed not later than 60 days after the date of enactment of this Act and the appointment shall be for the life of the Commission. (2) Vacancies \nAny vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Initial meeting \nNot later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (f) Meetings \nThe Commission shall meet at the call of the Chairperson. (g) Chairperson and vice chairperson \nThe members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (h) Quorum \nA majority of the members of the Commission shall constitute a quorum for the transaction of business. (i) Voting \nEach member of the Commission shall be entitled to 1 vote.", "id": "HB6E0D21D09F3439F8C17D957306B5B36", "header": "Establishment of Commission" }, { "text": "3. Duties of the Commission \n(a) In general \nThe Commission shall investigate and determine whether a causal relationship exists between skyrocketing malpractice insurance premiums, rising jury awards, decreased accessibility and affordability of health care, and the increase in the number of physicians moving, quitting or retiring from the practices in the field of medicine. The Commission will make recommendations based on a study of statistical trends and testimony that can be taken by Congress to alleviate the impact of the crisis in medical malpractice liability insurance. (b) Specific issues to be addressed \nThe Commission shall examine and report to the President and the Congress on at least the following: (1) Nature and patterns of the medical malpractice insurance market. (2) Similarities and differences of the medical malpractice insurance market to other lines of insurance. (3) Impact of the McCarran-Ferguson Act on medical malpractice insurance market. (4) Federal role as it is and recommendations on how it should be with respect to medical malpractice. (5) Survey and assessment of the efficacy of State-level legislation in insurance, in general, and medical malpractice insurance, in particular. (6) Survey of insurer's investments and strategies and its role is premium rate setting for medical malpractice insurance. (7) Role of jury awards in premium rate setting for medical malpractice insurance. (8) Relationship of medical malpractice premium rates and overall medical practice costs", "id": "HF58F9A69129C41F984662BBBAD23A72D", "header": "Duties of the Commission" }, { "text": "4. Final report; Congressional hearings \n(a) Final report \n(1) In general \nNot later than 16 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a final report which contains— (A) the findings and conclusions of the Commission described in section 3; (B) a detailed plan for comprehensive strategy to combat the consequences of skyrocketing medical malpractice liability insurance rates; and (C) any recommendations for administrative and legislative actions necessary to achieve such reductions. (2) Separate views \nAny member of the Commission may submit additional findings and recommendations as part of the final report. (b) Congressional hearings \nNot later than 6 months after the final report described in subsection (a) is submitted, the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate shall hold hearings on the report.", "id": "H7B53C5A6708D4C26A39E000479003C00", "header": "Final report; Congressional hearings" }, { "text": "5. Powers of Commission \n(a) Hearings \nThe Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. The Commission shall hold at least 7 public hearings, 1 or more in Washington, D.C. and 4 in different regions of the United States. (b) Information from Federal agencies \nThe Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal services \nThe Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.", "id": "H547EEE468405448AA3DC4DA7C5DCBA1", "header": "Powers of Commission" }, { "text": "6. Commission personnel matters \n(a) Compensation of members \nEach member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel expenses \nThe members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff \n(1) In general \nThe Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation \nThe Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of government employees \nAny Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services \nThe Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.", "id": "HD0B903FBC6134BAE84A9FE95478293EC", "header": "Commission personnel matters" }, { "text": "7. Authorization of appropriations; GAO audit \n(a) In general \nThere are authorized to be appropriated $2,000,000 to the Commission to carry out the provisions of this Act. (b) GAO audit \nNot later than 6 months after termination of the Commission, the Comptroller General of the United States shall complete an audit of the financial books and records of the Commission to determine that the limitation on expenses has been met, and shall submit a report on the audit to the President and Congress.", "id": "H0AA9AD0953A1409B901589FC1305BF3D", "header": "Authorization of appropriations; GAO audit" }, { "text": "8. Termination of Commission \nThe Commission shall cease to exist 30 days after the date on which the Commission submits the final report under section 4.", "id": "H0D2D514597D040CD9425AA47A1A4ED30", "header": "Termination of Commission" } ]
8
1. Short title; table of contents (a) Short title This Act may be cited as the. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Establishment of Commission. Sec. 3. Duties of the Commission. Sec. 4. Final report; Congressional hearings. Sec. 5. Powers of Commission. Sec. 6. Commission personnel matters. Sec. 7. Authorization of appropriations; GAO audit. Sec. 8. Termination of Commission. 2. Establishment of Commission (a) Establishment There is established a commission to be known as Emergency Malpractice Liability Insurance Commission (in this Act referred to as the Commission ). (b) Purpose The Commission shall examine the causes of soaring medical malpractice premiums and propose a comprehensive strategy to combat the consequences. (c) Membership of Commission (1) Composition The commission shall be composed of 12 members of whom— (A) 4 shall be appointed by the President, 1 of whom shall be appointed to represent physicians’ interests, 1 of whom shall be appointed to represent malpractice liability insurers, 1 of whom shall be appointed to represent lawyers’ interests, and 1 of whom shall be appointed to represent consumer protection interests; (B) 1 Senator and 1 other individual shall be appointed by the President pro tempore of the Senate upon the recommendation of the Majority Leader of the Senate; (C) 1 Senator and 1 other individual shall be appointed by the President pro tempore of the Senate upon the recommendation of the Minority Leader of the Senate; (D) 1 Member of the House of Representatives and 1 other individual shall be appointed by the Speaker of the House of Representatives; and (E) 1 Member of the House of Representatives and 1 other individual shall be appointed by the Minority Leader of the House of Representatives. (2) Qualifications of members (A) Presidential appointments Of the individuals appointed under paragraph (1)(A), not more than 1 may be an officer, employee, or paid consultant of the Executive Branch. (B) Other appointments Individuals who are not Members of Congress, appointed under subparagraph (B), (C), (D), or (E) of paragraph (1), shall be individuals who— (i) have expertise in medicine, insurance, law, consumers affairs, or have other pertinent qualifications or experience; and (ii) are not officers or employees of the United States. (C) Other considerations In appointing Commission members, every effort shall be made to ensure that the members— (i) represent a broad cross section of regional and political perspectives in the United States; and (ii) provide fresh insights to analyzing the medical malpractice insurance crisis (d) Period of appointment; vacancies (1) In general Members shall be appointed not later than 60 days after the date of enactment of this Act and the appointment shall be for the life of the Commission. (2) Vacancies Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (e) Initial meeting Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold its first meeting. (f) Meetings The Commission shall meet at the call of the Chairperson. (g) Chairperson and vice chairperson The members of the Commission shall elect a chairperson and vice chairperson from among the members of the Commission. (h) Quorum A majority of the members of the Commission shall constitute a quorum for the transaction of business. (i) Voting Each member of the Commission shall be entitled to 1 vote. 3. Duties of the Commission (a) In general The Commission shall investigate and determine whether a causal relationship exists between skyrocketing malpractice insurance premiums, rising jury awards, decreased accessibility and affordability of health care, and the increase in the number of physicians moving, quitting or retiring from the practices in the field of medicine. The Commission will make recommendations based on a study of statistical trends and testimony that can be taken by Congress to alleviate the impact of the crisis in medical malpractice liability insurance. (b) Specific issues to be addressed The Commission shall examine and report to the President and the Congress on at least the following: (1) Nature and patterns of the medical malpractice insurance market. (2) Similarities and differences of the medical malpractice insurance market to other lines of insurance. (3) Impact of the McCarran-Ferguson Act on medical malpractice insurance market. (4) Federal role as it is and recommendations on how it should be with respect to medical malpractice. (5) Survey and assessment of the efficacy of State-level legislation in insurance, in general, and medical malpractice insurance, in particular. (6) Survey of insurer's investments and strategies and its role is premium rate setting for medical malpractice insurance. (7) Role of jury awards in premium rate setting for medical malpractice insurance. (8) Relationship of medical malpractice premium rates and overall medical practice costs 4. Final report; Congressional hearings (a) Final report (1) In general Not later than 16 months after the date of enactment of this Act, the Commission shall submit to the President and Congress a final report which contains— (A) the findings and conclusions of the Commission described in section 3; (B) a detailed plan for comprehensive strategy to combat the consequences of skyrocketing medical malpractice liability insurance rates; and (C) any recommendations for administrative and legislative actions necessary to achieve such reductions. (2) Separate views Any member of the Commission may submit additional findings and recommendations as part of the final report. (b) Congressional hearings Not later than 6 months after the final report described in subsection (a) is submitted, the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate shall hold hearings on the report. 5. Powers of Commission (a) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may find advisable to fulfill the requirements of this Act. The Commission shall hold at least 7 public hearings, 1 or more in Washington, D.C. and 4 in different regions of the United States. (b) Information from Federal agencies The Commission may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out the provisions of this Act. Upon request of the Chairperson of the Commission, the head of such department or agency shall furnish such information to the Commission. (c) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government. 6. Commission personnel matters (a) Compensation of members Each member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in the performance of the duties of the Commission. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (b) Travel expenses The members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (c) Staff (1) In general The Chairperson of the Commission may, without regard to the civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties. The employment of an executive director shall be subject to confirmation by the Commission. (2) Compensation The Chairperson of the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of such title. (d) Detail of government employees Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege. (e) Procurement of temporary and intermittent services The Chairperson of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals which do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. 7. Authorization of appropriations; GAO audit (a) In general There are authorized to be appropriated $2,000,000 to the Commission to carry out the provisions of this Act. (b) GAO audit Not later than 6 months after termination of the Commission, the Comptroller General of the United States shall complete an audit of the financial books and records of the Commission to determine that the limitation on expenses has been met, and shall submit a report on the audit to the President and Congress. 8. Termination of Commission The Commission shall cease to exist 30 days after the date on which the Commission submits the final report under section 4.
10,142
107hr5697ih
107
hr
5,697
ih
To authorize the Attorney General to carry out a program, known as the Northern Border Prosecution Initiative, to provide funds to northern border States to reimburse county and municipal governments for costs associated with certain criminal activities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Northern Border Prosecution Initiative Reimbursement Act.", "id": "HD9E4CE79A4A34BEB8849ECED07A8CAFE", "header": "Short title" }, { "text": "2. Northern Border Prosecution Initiative \n(a) Initiative Required \nFrom amounts made available to carry out this section, the Attorney General, acting through the Director of the Bureau of Justice Assistance of the Office of Justice Programs, shall carry out a program, to be known as the Northern Border Prosecution Initiative, to provide funds to reimburse eligible northern border entities for costs incurred by those entities for handling case dispositions of eligible federally initiated and declined-referred criminal cases. (b) Allocation of Funds \nFunds provided under the program shall be allocated in a manner that the Attorney General considers appropriate. (c) Use of Funds \nFunds provided to an eligible northern border entity may be used by the entity for any lawful purpose, including the following purposes: (1) Court costs. (2) Costs of courtroom technology. (3) Costs of constructing holding spaces. (4) Costs of administrative staff. (5) Costs of defense counsel for indigent defendants. (6) Detention costs, including pre-trial and post-trial detention. (d) Definitions \nIn this section: (1) The term eligible northern border entity means— (A) any of the following States: Alaska, Idaho, Illinois, Indiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or (B) any unit of local government within a State referred to in subparagraph (A). (2) The term federally initiated case means a criminal case resulting from a criminal investigation or an arrest involving Federal law enforcement authorities for a potential violation of Federal criminal law, including investigations resulting from multijurisdictional task forces. (3) The term federally declined-referred criminal case means a decision by a United States Attorney or a Federal law enforcement agency during a Federal investigation to no longer pursue Federal criminal charges against a defendant and referral of the investigation to a State or local jurisdiction for possible prosecution. Reimbursement is available for cases regardless of whether the case was formally declined and referred by a United States Attorney, or through a blanket Federal declination-referral policy, accepted Federal law enforcement practice, or Federal prosecutorial discretion. (4) The term case disposition , for purposes of the Northern Border Prosecution Initiative, refers to the time between a suspect’s arrest and the resolution of the criminal charges through a county or State judicial or prosecutorial process. Disposition does not include incarceration time for sentenced offenders, or time spent by prosecutors on judicial appeals.", "id": "H80FEDFA41FCC42ABAFEA2033FEB96FD3", "header": "Northern Border Prosecution Initiative" }, { "text": "3. Authorization of Appropriations \nThere are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2003 and such sums as may be necessary for fiscal years after fiscal year 2003.", "id": "H7FE1DFE719414AFA8D56AFE34C645DE0", "header": "Authorization of Appropriations" } ]
3
1. Short title This Act may be cited as the Northern Border Prosecution Initiative Reimbursement Act. 2. Northern Border Prosecution Initiative (a) Initiative Required From amounts made available to carry out this section, the Attorney General, acting through the Director of the Bureau of Justice Assistance of the Office of Justice Programs, shall carry out a program, to be known as the Northern Border Prosecution Initiative, to provide funds to reimburse eligible northern border entities for costs incurred by those entities for handling case dispositions of eligible federally initiated and declined-referred criminal cases. (b) Allocation of Funds Funds provided under the program shall be allocated in a manner that the Attorney General considers appropriate. (c) Use of Funds Funds provided to an eligible northern border entity may be used by the entity for any lawful purpose, including the following purposes: (1) Court costs. (2) Costs of courtroom technology. (3) Costs of constructing holding spaces. (4) Costs of administrative staff. (5) Costs of defense counsel for indigent defendants. (6) Detention costs, including pre-trial and post-trial detention. (d) Definitions In this section: (1) The term eligible northern border entity means— (A) any of the following States: Alaska, Idaho, Illinois, Indiana, Maine, Michigan, Minnesota, Montana, New Hampshire, New York, North Dakota, Ohio, Pennsylvania, Vermont, Washington, and Wisconsin; or (B) any unit of local government within a State referred to in subparagraph (A). (2) The term federally initiated case means a criminal case resulting from a criminal investigation or an arrest involving Federal law enforcement authorities for a potential violation of Federal criminal law, including investigations resulting from multijurisdictional task forces. (3) The term federally declined-referred criminal case means a decision by a United States Attorney or a Federal law enforcement agency during a Federal investigation to no longer pursue Federal criminal charges against a defendant and referral of the investigation to a State or local jurisdiction for possible prosecution. Reimbursement is available for cases regardless of whether the case was formally declined and referred by a United States Attorney, or through a blanket Federal declination-referral policy, accepted Federal law enforcement practice, or Federal prosecutorial discretion. (4) The term case disposition , for purposes of the Northern Border Prosecution Initiative, refers to the time between a suspect’s arrest and the resolution of the criminal charges through a county or State judicial or prosecutorial process. Disposition does not include incarceration time for sentenced offenders, or time spent by prosecutors on judicial appeals. 3. Authorization of Appropriations There are authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2003 and such sums as may be necessary for fiscal years after fiscal year 2003.
2,999
107hr5336ih
107
hr
5,336
ih
To designate the facility of the United States Postal Service located at 380 Main Street in Farmingdale, New York, as the Peter J. Ganci, Jr. Post Office Building.
[ { "text": "1. Peter J. Ganci Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 380 Main Street in Farmingdale, New York, shall be known and designated as the Peter J. Ganci, Jr. Post Office Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Peter J. Ganci, Jr. Post Office Building.", "id": "H2FDF822014014B01B7D979B7D2797DA5", "header": "Peter J. Ganci Post Office Building" } ]
1
1. Peter J. Ganci Post Office Building (a) Designation The facility of the United States Postal Service located at 380 Main Street in Farmingdale, New York, shall be known and designated as the Peter J. Ganci, Jr. Post Office Building. (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Peter J. Ganci, Jr. Post Office Building.
477
107hres388eh
107
hres
388
eh
Designating majority membership on certain standing committees of the House.
[ { "text": "That upon the adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the bill (H.R. 476) to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. The bill shall be considered as read for amendment. The previous question shall be considered as ordered on the bill to final passage without intervening motion except: (1) two hours of debate on the bill equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary; and (2) one motion to recommit.", "id": "HFAF9DD93520D11D6BBAA009027A81B72", "header": null }, { "text": "", "id": "HF275E0E61B1C11D6BB96009027A81B72", "header": null } ]
2
That upon the adoption of this resolution it shall be in order without intervention of any point of order to consider in the House the bill (H.R. 476) to amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. The bill shall be considered as read for amendment. The previous question shall be considered as ordered on the bill to final passage without intervening motion except: (1) two hours of debate on the bill equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary; and (2) one motion to recommit.
667
107hres380eh
107
hres
380
eh
Designating majority membership on certain standing committees of the House.
[ { "text": "That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3925) to establish an exchange program between the Federal Government and the private sector in order to promote the development of expertise in information technology management, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Government Reform. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Government Reform now printed in the bill, modified by the amendments recommended by the Committee on the Judiciary also printed in the bill. That amendment in the nature of a substitute shall be considered as read. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.", "id": "H02C1ADB34CC511D6BBA9009027A81B72", "header": null }, { "text": "", "id": "HF275E0E61B1C11D6BB96009027A81B72", "header": null } ]
2
That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3925) to establish an exchange program between the Federal Government and the private sector in order to promote the development of expertise in information technology management, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Government Reform. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Government Reform now printed in the bill, modified by the amendments recommended by the Committee on the Judiciary also printed in the bill. That amendment in the nature of a substitute shall be considered as read. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
2,163
107hres134eh
107
hres
134
eh
[ { "text": "That upon adoption of this resolution the conference report to accompany the concurrent resolution (H. Con. Res. 83) establishing the congressional budget for the United States Government for fiscal year 2002, revising the congressional budget for the United States Government for fiscal year 2001, and setting forth appropriate budgetary levels for each of fiscal years 2003 through 2011 is hereby recommitted to the committee of conference.", "id": "H180F95243E8011D5BB08009027A81B72", "header": null } ]
1
That upon adoption of this resolution the conference report to accompany the concurrent resolution (H. Con. Res. 83) establishing the congressional budget for the United States Government for fiscal year 2002, revising the congressional budget for the United States Government for fiscal year 2001, and setting forth appropriate budgetary levels for each of fiscal years 2003 through 2011 is hereby recommitted to the committee of conference.
442
107hres589ih
107
hres
589
ih
Condemning the recent violent bombing in Indonesia and urging renewed effort for the international war on terrorism.
[ { "text": "That the House of Representatives— (1) condemns any and all acts of violence and terrorism; (2) expresses its heartfelt sympathy and condolences to the families of the Americans who were killed or injured in the bombing in Bali, Indonesia that occurred on October 12, 2002, and expresses its heartfelt sympathy and condolences to the families of victims who were citizens of other countries; (3) expresses its support to the Government and people of Indonesia; (4) urges the Government of Indonesia and all countries to live up to commitments adopted in the aftermath of the attacks against the United States that occurred on September 11, 2001; and (5) urges the President to provide any resources available to help Indonesia to address this current crisis, and bring to justice those individuals and organizations responsible.", "id": "H8C7B7FADDD594AF5A2939C955008226E", "header": null } ]
1
That the House of Representatives— (1) condemns any and all acts of violence and terrorism; (2) expresses its heartfelt sympathy and condolences to the families of the Americans who were killed or injured in the bombing in Bali, Indonesia that occurred on October 12, 2002, and expresses its heartfelt sympathy and condolences to the families of victims who were citizens of other countries; (3) expresses its support to the Government and people of Indonesia; (4) urges the Government of Indonesia and all countries to live up to commitments adopted in the aftermath of the attacks against the United States that occurred on September 11, 2001; and (5) urges the President to provide any resources available to help Indonesia to address this current crisis, and bring to justice those individuals and organizations responsible.
828
107hres567ih
107
hres
567
ih
Recognizing the importance of surface transportation infrastructure to interstate and international commerce and the traveling public and the contributions of the trucking, rail, and passenger transit industries to the economic well being of the United States.
[ { "text": "That the House of Representatives recognizes the transportation construction, trucking, railroad, and passenger transit industries, and those professionals who design, operate, build, and maintain the rights of way along which trucks, freight trains, buses, and commuter trains travel— (1) for the immense contribution they make to the economy by facilitating international and interstate commerce; (2) for their contribution to the freedom of the traveling public which uses roads, highways, and railways for the purposes of business and leisure; and (3) for their conscientious effort to improve safety, increase efficiency, and better the environment in communities throughout the United States.", "id": "H137DC1822E9B4F2EA4172B73492EB1AE", "header": null } ]
1
That the House of Representatives recognizes the transportation construction, trucking, railroad, and passenger transit industries, and those professionals who design, operate, build, and maintain the rights of way along which trucks, freight trains, buses, and commuter trains travel— (1) for the immense contribution they make to the economy by facilitating international and interstate commerce; (2) for their contribution to the freedom of the traveling public which uses roads, highways, and railways for the purposes of business and leisure; and (3) for their conscientious effort to improve safety, increase efficiency, and better the environment in communities throughout the United States.
698
107hres135eh
107
hres
135
eh
[ { "text": "That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 581) to authorize the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire management in the Department of the Interior and Related Agencies Appropriations Act, 2001, to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service to facilitate the interagency cooperation required under the Endangered Species Act of 1973 in connection with wildland fire management. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with section 311 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Resources. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.", "id": "H180F95243E8011D5BB08009027A81B72", "header": null } ]
1
That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 581) to authorize the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire management in the Department of the Interior and Related Agencies Appropriations Act, 2001, to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service to facilitate the interagency cooperation required under the Endangered Species Act of 1973 in connection with wildland fire management. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with section 311 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Resources. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. All points of order against provisions in the bill are waived. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
1,978
107hres246eh
107
hres
246
eh
[ { "text": "That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 2586) to authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2002, and for other purposes. No further amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.", "id": "HB8085FA6B20711D5BB3B009027A81B72", "header": null } ]
1
That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 2586) to authorize appropriations for fiscal year 2002 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2002, and for other purposes. No further amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
1,654
107hres373eh
107
hres
373
eh
Designating majority membership on certain standing committees of the House.
[ { "text": "That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3924) to authorize telecommuting for Federal contractors. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Government Reform. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.", "id": "H03E858643C2C11D6BBA5009027A81B72", "header": null }, { "text": "", "id": "HF275E0E61B1C11D6BB96009027A81B72", "header": null } ]
2
That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 3924) to authorize telecommuting for Federal contractors. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Government Reform. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered as read. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.
1,388
107hres610ih
107
hres
610
ih
Honoring Chief Charles Moose of the Montgomery County, Maryland, Police Department, and the local and Federal law enforcement officers who worked tirelessly to bring an end to the sniper shootings.
[ { "text": "That the House of Representatives— (1) recognizes and honors the outstanding work of local and Federal law enforcement officers who worked tirelessly to bring an end to the sniper shootings; (2) acknowledges the exceptional leadership and unwavering commitment to duty demonstrated by Chief Charles Moose of the Montgomery County, Maryland, Police Department, who led the investigation; and (3) expresses its condolences to the families of those killed or injured during the shootings.", "id": "H106A9CE2AF0F42F8A2AB26ECE833D585", "header": null } ]
1
That the House of Representatives— (1) recognizes and honors the outstanding work of local and Federal law enforcement officers who worked tirelessly to bring an end to the sniper shootings; (2) acknowledges the exceptional leadership and unwavering commitment to duty demonstrated by Chief Charles Moose of the Montgomery County, Maryland, Police Department, who led the investigation; and (3) expresses its condolences to the families of those killed or injured during the shootings.
485
107hres414eh
107
hres
414
eh
Designating majority membership on certain standing committees of the House.
[ { "text": "That the joint resolution (H.J. Res. 84) disapproving the action taken by the President under section 203 of the Trade Act of 1974 transmitted to the Congress on March 5, 2002, is hereby laid on the table.", "id": "H2E83515A629C11D6BBAC009027A81B72", "header": null }, { "text": "", "id": "HF275E0E61B1C11D6BB96009027A81B72", "header": null } ]
2
That the joint resolution (H.J. Res. 84) disapproving the action taken by the President under section 203 of the Trade Act of 1974 transmitted to the Congress on March 5, 2002, is hereby laid on the table.
206
107hres347eh
107
hres
347
eh
Designating majority membership on certain standing committees of the House.
[ { "text": "That upon adoption of this resolution it shall be in order to take from the Speaker’s table the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes, with Senate amendments thereto, and to consider in the House, without intervention of any point of order, a single motion offered by the chairman of the Committee on Ways and Means or his designee that the House concur in each of the Senate amendments with the respective amendment printed in the report of the Committee on Rules accompanying this resolution. The Senate amendments and the motion shall be considered as read. The motion shall be debatable for one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means. The previous question shall be considered as ordered on the motion to final adoption without intervening motion or demand for division of the question.", "id": "HF4F7CFE3217511D6BB9C009027A81B72", "header": null }, { "text": "", "id": "HF275E0E61B1C11D6BB96009027A81B72", "header": null } ]
2
That upon adoption of this resolution it shall be in order to take from the Speaker’s table the bill (H.R. 622) to amend the Internal Revenue Code of 1986 to expand the adoption credit, and for other purposes, with Senate amendments thereto, and to consider in the House, without intervention of any point of order, a single motion offered by the chairman of the Committee on Ways and Means or his designee that the House concur in each of the Senate amendments with the respective amendment printed in the report of the Committee on Rules accompanying this resolution. The Senate amendments and the motion shall be considered as read. The motion shall be debatable for one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means. The previous question shall be considered as ordered on the motion to final adoption without intervening motion or demand for division of the question.
942
107hres593ih
107
hres
593
ih
Commemorating the 90th birthday of former First Lady Lady Bird Johnson.
[ { "text": "That the House of Representatives— (1) commemorates the 90th birthday of former First Lady Lady Bird Johnson on December 22, 2002, and extends to Mrs. Johnson its best wishes; and (2) directs the Clerk of the House of Representatives to transmit a copy of this resolution to the Lyndon Baines Johnson Library and Museum.", "id": "HB1029AEC826B4460A4EE403FD5EEA840", "header": null } ]
1
That the House of Representatives— (1) commemorates the 90th birthday of former First Lady Lady Bird Johnson on December 22, 2002, and extends to Mrs. Johnson its best wishes; and (2) directs the Clerk of the House of Representatives to transmit a copy of this resolution to the Lyndon Baines Johnson Library and Museum.
320