datamatters24/research-document-archive huggingface dataset:
I
106TH CONGRESS
2D SESSION
H. R. 5489
To provide Capitol-flown flags to the families of deceased law enforcement
officers.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 2000
Mr. GREEN of Texas introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide Capitol-flown flags to the families of deceased
law enforcement officers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Law Enforcement Offi-
cers Flag Memorial Act of 2000’’.
SEC. 2. CAPITOL-FLOWN FLAGS FOR FAMILIES OF DE-
CEASED LAW ENFORCEMENT OFFICERS.
(a) AUTHORITY.—
(1) IN GENERAL.—The family of a deceased law
enforcement officer may request, and the Attorney
General shall provide to such family, a Capitol-flown
flag, which shall be supplied to the Attorney General
by the Architect of the Capitol. The family shall pay
the cost of such flag, including shipping.
(2) EFFECTIVE
DATE.—Paragraph (1) shall
take effect on the date on which the Attorney Gen-
eral establishes the procedure required by subsection
(b).
(b) PROCEDURE.—Not later than 180 days after the
date of enactment of this Act, the Attorney General shall
establish a procedure (including any appropriate forms)
by which the family of a deceased law enforcement officer
may request, and provide sufficient information to deter-
mine such officer’s eligibility for, a Capitol-flown flag.
(c) APPLICABILITY.—This Act shall only apply to a
deceased law enforcement officer who died on or after the
date of enactment of this Act.
(d) DEFINITIONS.—In this Act—
(1) the term ‘‘Capitol-flown flag’’ means a
United States flag flown over the United States
Capitol in honor of the deceased law enforcement of-
ficer for whom such flag is requested; and
(2) the term ‘‘deceased law enforcement officer’’
means a person who was charged with protecting
public safety, who was authorized to make arrests by
a Federal, State, or local law enforcement agency,
and who died while employed by such an agency or
after retiring in good standing from such an agency.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 548
To amend title 13, United States Code, to provide for a just apportionment
of Representatives in Congress for all States.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1999
Mrs. MALONEY of New York (for herself, Mr. FROST, Mr. CLYBURN, Ms.
ROYBAL-ALLARD, Mrs. MEEK of Florida, Mr. BLAGOJEVICH, Mr. BRADY
of Pennsylvania, Ms. BROWN of Florida, Mr. BROWN of California, Mr.
CONYERS, Mr. DAVIS of Illinois, Ms. DELAURO, Mr. DIXON, Mr. FILNER,
Mr. FORD, Mr. HINOJOSA, Mr. HOYER, Ms. JACKSON-LEE of Texas, Ms.
LEE, Ms. LOFGREN, Mrs. LOWEY, Mr. MEEHAN, Mr. MENENDEZ, Ms.
MILLENDER-MCDONALD, Mr. PASCRELL, Ms. PELOSI, Mr. RODRIGUEZ,
Mr. SAWYER, Mr. SERRANO, Mr. SHOWS, Mr. THOMPSON of Mississippi,
Mrs. JONES of Ohio, Ms. WATERS, and Ms. VELA´ZQUEZ) introduced the
following bill; which was referred to the Committee on Government Re-
form
A BILL
To amend title 13, United States Code, to provide for a
just apportionment of Representatives in Congress for
all States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. USE OF SAMPLING.
Section 195 of title 13, United States Code, is
amended by striking ‘‘Except for the determination of
population for purposes of apportionment of Representa-
tives in Congress among the several States, the’’ and in-
serting ‘‘The’’.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 5491
To suspend until June 30, 2003, the duty on certain R-core transformers.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 2000
Mr. MARKEY (for himself, Mr. SPENCE, and Mr. NEAL of Massachusetts) in-
troduced the following bill; which was referred to the Committee on Ways
and Means
A BILL
To suspend until June 30, 2003, the duty on certain R-
core transformers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SUSPENSION OF DUTY ON CERTAIN R-CORE
TRANSFORMERS.
(a) IN GENERAL.—Subchapter II of chapter 99 of
the Harmonized Tariff Schedule of the United States is
amended by inserting in numerical sequence the following
new heading:
way community that voluntarily requests the tech-
nical assistance of a Federal land manager on mat-
ters of land use coordination and planning for, and
the appropriate siting of development in, the gate-
way community.
(d) PARTICIPATE IN FEDERAL PLANNING.—When-
ever a Federal land manager undertakes land manage-
ment planning regarding Federal lands administered by
the Federal land manager, the Federal land manager
shall—
(1) seek the active involvement of elected offi-
cials, businesses, civic organizations, and other inter-
ested persons in neighboring gateway communities
in the planning process; and
(2) provide these persons with a meaningful op-
portunity to participate in the development and im-
plementation of the resulting land management deci-
sions.
(e) COORDINATION OF LAND USE.—A Federal land
manager may enter into a cooperative agreement with the
local government of a certified gateway community for the
purpose of mutual coordination of land management and
development plans. At a minimum, such an agreement
shall provide for the involvement of persons referred to
in subsection (d)(1) in the Federal planning process and
‘‘
9902.85.04
120 volt/60Hz
electrical trans-
formers (the
foregoing and
parts thereof
provided for in
subheadings
8504.31.40 and
8504.90.95),
with dimensions
not exceeding
85mm by 72mm
by 45.7mm but
at least 76mm by
50mm by 25mm
and each con-
taining a layered
and uncut round
core with two
balanced bobbins,
the foregoing
rated at less than
40 VA but great-
er than 33.2 VA
with a rating
number of R25.
Free
No change
No change
On or before 6/
30/2003
’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) applies with respect to goods entered, or
withdrawn from warehouse for consumption, on or after
the 15th day after the date of the enactment of this Act.
Æ
‘‘SEC. 15204. APPLICATION SUBMISSION.
‘‘A State application submitted to the Secretary
under this section shall be approved by the Secretary un-
less the Secretary makes a written determination, within
90 days after receiving the application, that the applica-
tion violates provisions of this part.
‘‘SEC. 15205. ALLOCATION.
From the funds made available under section 15208,
the Secretary shall allot to each State an amount which
bears the same ratio to the amount of such made available
as the school-age population of the State bears to the
school-age population of all States.
‘‘SEC. 15206. MATCHING FUND BY STATE.
‘‘In order to receive funding under this part, a State
shall provide assurances that it will provide non-Federal
funds of not less than 50 percent of the cost of providing
a program under this part.
‘‘SEC. 15207. AUTHORIZED USES OF FUNDS.
‘‘Grant funds made available under this part may be
used by the State for—
‘‘(1) establishing innovative professional devel-
opment programs (which may be through partner-
ships, including partnerships with institutions of
higher education), including programs that train
mathematics and science teachers to use technology
to improve teaching and learning;
by the act or omission of the person in question, or to
the heirs, estate, or other legal representative of the indi-
vidual.
Æ
States, if that State were admitted to
the United States after 1790; and
(C) for which the Indian title has not been
extinguished or the jurisdictional reservation re-
voked.
SEC. 5. ATTORNEYS FEES.
(a) IN GENERAL.—Except as provided in subsection
(b), in any action or proceeding that is subject to this Act,
the court shall allow the prevailing party a reasonable at-
torney’s fee with respect to a claim presented by the op-
posing party that was frivolous, unreasonable, or without
foundation, or that the opposing party continued to liti-
gate after it clearly became so. A claim shall be deemed—
(1) legally frivolous, unreasonable, or without
foundation only if it rests upon a legal theory that
was clearly unavailable under existing case law; and
(2) factually frivolous, unreasonable, or without
foundation only if its proponent knew or should have
known of those facts that would require judgment
for the opposing party as a matter of law.
(b) EXCEPTION.—No attorney’s fee shall be assessed
under subsection (a) against an Indian tribe seeking to
enforce a right to an interest in land if the court deter-
mines that the land involved is located within sovereign
Indian country.
later than 30 days after the date of the
issuance of the order.
‘‘(ii) FINDINGS.—A finding of the
Secretary under this paragraph shall be set
aside only if the finding is found to be un-
supported by substantial evidence.
‘‘(D) NONCOMPLIANCE WITH ORDER.—
‘‘(i) IN GENERAL.—If a person sub-
ject to this subtitle fails to obey an order
issued under this paragraph after the
order has become final and unappealable,
or after the appropriate United States dis-
trict court has entered a final judgment in
favor of the Secretary, the United States
may apply to the appropriate United
States district court for enforcement of the
order.
‘‘(ii) ENFORCEMENT.—If the court
determines that the order was lawfully
made and duly served and that the person
violated the order, the court shall enforce
the order.
‘‘(iii) CIVIL
PENALTY.—If the court
finds that the person violated the order,
the person shall be subject to a civil pen-
alty of not more than $10,000 for each of-
fense.
‘‘(5) FEES.—The Secretary shall not charge or
assess a user fee, transaction fee, service charge, as-
sessment, reimbursement fee, or any other fee under
this subtitle for—
‘‘(A) the submission or reporting of infor-
mation;
‘‘(B) the receipt or availability of, or access
to, published reports or information; or
‘‘(C) any other activity required under this
subtitle.
‘‘(6) RECORDKEEPING.—Each person required
to report information to the Secretary under this
subtitle shall maintain, and make available to the
Secretary, on request, original contracts, agree-
ments, receipts, and other records associated with
the sale or storage of any dairy products during the
2-year period beginning on the date of the creation
of the records.
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as are nec-
essary to carry out this section.’’.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 5496
To amend the National Wildlife Refuge System Administration Act of 1966
to authorize the Secretary of the Interior to provide for maintenance
and repair of buildings and properties located on lands in the National
Wildlife Refuge System by lessees of such facilities, and for other pur-
poses.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 2000
Mr. SOUDER introduced the following bill; which was referred to the
Committee on Resources
A BILL
To amend the National Wildlife Refuge System Administra-
tion Act of 1966 to authorize the Secretary of the Inte-
rior to provide for maintenance and repair of buildings
and properties located on lands in the National Wildlife
Refuge System by lessees of such facilities, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. LEASES, PERMITS, AND CONTRACTS FOR
BUILDINGS, FACILITIES, AND PROPERTIES IN
THE NATIONAL WILDLIFE REFUGE SYSTEM.
(a) IN GENERAL.—The National Wildlife Refuge
System Administration Act of 1966 (16 U.S.C. 668dd et
seq.) is amended by—
(1) striking section 6 (relating to amendments
to other laws, which have executed);
(2) redesignating section 5 (16 U.S.C. 668ee)
as section 6; and
(3) inserting after section 4 the following:
‘‘SEC. 5. LEASES, PERMITS, AND CONTRACTS FOR BUILD-
INGS, FACILITIES, AND PROPERTIES IN NA-
TIONAL WILDLIFE REFUGE SYSTEM.
‘‘(a) MAINTENANCE AND REPAIR.—Notwithstanding
any other provision of law, the Secretary may include, in
any agreement, lease, permit, or contract granted by the
Secretary that authorizes a person to use land or water
in the System for purposes of providing accommodations,
facilities, or services to visitors to an area in the System,
provisions that—
‘‘(1) authorize the person to maintain or repair
any improvement on or in such land or water that
the person is authorized to use for such purposes;
and
‘‘(2) treat costs incurred by the person for such
maintenance or repair as consideration otherwise re-
quired to be paid to the United States for such use.
‘‘(b) EXPENDITURE
OF FEES
AND OTHER PAY-
MENTS.—
‘‘(1) IN GENERAL.—Amounts received by the
United States as fees or other payments required
under any agreement, lease, permit, or contract for
use of real property located in an area in the System
shall be available to the Secretary for expenditure in
accordance with this subsection, without further ap-
propriation, to increase the quality of the visitor ex-
perience and enhance the protection of resources.
‘‘(2) AUTHORIZED
USES.—Amounts available
for expenditure under this section may only be used
for the area, site, or project concerned for the fol-
lowing:
‘‘(A) Backlogged repair and maintenance
projects (including projects relating to health
and safety).
‘‘(B) Interpretation, signage, habitat, or
facility enhancement.
‘‘(C) Resource preservation.
SEC. 6. TIMING OF APPLICATION.
This Act shall apply to any action, claim, or right
described in section 1 that is pending, filed, or continuing
on or after the date of enactment of this Act, other than
a final money damages judgment to which no person has
a right to raise a challenge by any available procedure.
Æ
‘‘(D) Annual operation (including fee col-
lection), maintenance, and law enforcement re-
lating to public use.
‘‘(3) REFUGE
REVENUE
SHARING
ACT
OF
1935.—Paragraph (1) shall not affect the application
of the Act of June 15, 1935 (chapter 261; 16 U.S.C.
715s), commonly referred to as the Refuge Revenue
Sharing Act, to amounts referred to in paragraph
(1) that are not expended by the Secretary under
paragraph (1).’’.
(b) PRIOR AMENDMENTS NOT AFFECTED.—Nothing
in this section shall be construed to affect any amendment
made by section 6 of the National Wildlife Refuge System
Administration Act of 1966), as in effect before the enact-
ment of this Act, or any provision of law amended by such
section.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 5499
To reduce the impacts of hurricanes, tornadoes, and other windstorms through
a program of research and development and technology transfer, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 19, 2000
Mr. MOORE (for himself, Mr. JONES of North Carolina, Mrs. MORELLA, Mr.
ETHERIDGE, Mr. CLEMENT, Mr. LAFALCE, and Mr. SNYDER) introduced
the following bill; which was referred to the Committee on Science, and
in addition to the Committee on Transportation and Infrastructure, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerend
A BILL
To reduce the impacts of hurricanes, tornadoes, and other
windstorms through a program of research and develop-
ment and technology transfer, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Windstorm Hazard
Reduction Research and Technology Transfer Act’’.
SEC. 2. FINDINGS.
The Congress finds the following:
‘‘(1) 
PROPERTY
USED
OUTSIDE
UNITED
STATES.—No credit shall be determined under this
section with respect to property which is used pre-
dominantly outside the United States.
‘‘(2) CERTAIN RULES TO APPLY.—Rules similar
to the rules of subsections (c)(6), (f), and (g) of sec-
tion 41 shall apply for purposes of this section.
‘‘(3) REDUCTION IN BASIS.—For purposes of
this subtitle, if a credit is determined under this sec-
tion with respect to any property, the basis of such
property shall be reduced by the amount of the cred-
it so determined.’’
(b) CONFORMING AMENDMENTS.—
(1) Section 38(b) of such Code is amended—
(A) by striking ‘‘plus’’ at the end of para-
graph (11),
(B) by striking the period at the end of
paragraph (12), and inserting ‘‘, plus’’, and
(C) by adding at the end the following new
paragraph:
‘‘(13) the postproduction credit determined
under section 45D.’’
(2) Subsection (d) of section 39 of such Code
(relating to carryback and carryforward of unused
credits) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(9) NO CARRYBACK OF SECTION 45D CREDIT
BEFORE JANUARY 1, 2001.—No portion of the un-
used business credit for any taxable year which is
attributable to the credit determined under section
45D may be carried back to a taxable year begin-
ning before January 1, 2001.’’
(3) The table of sections for subpart D of part
IV of subchapter A of chapter 1 of such Code is
amended by adding at the end the following new
item:
‘‘Sec. 45D. Audio and video postproduction equipment.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to property placed in service after
December 31, 2000.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 5498
To permit landowners to assert otherwise available State law defenses against
real property claims by Indian tribes.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 18, 2000
Mr. EWING introduced the following bill; which was referred to the Committee
on Resources
A BILL
To permit landowners to assert otherwise available State
law defenses against real property claims by Indian tribes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEFENSES TO INDIAN CLAIMS.
Except as provided in section 2, in any action or
claim by or on behalf of an Indian tribe to enforce a real
property right, or otherwise asserting a claim of Indian
title or right regarding real property, the defendant may
assert any affirmative defense that would be available
under State law to a defendant opposing an analogous ac-
tion or claim that does not involve an Indian tribe.
SEC. 2. EXCEPTION FOR GOVERNMENTAL DEFENDANTS.
Section 1 shall not apply to any action or claim
against a governmental entity with respect to land that
is located within sovereign Indian country.
SEC. 3. RULE OF CONSTRUCTION.
(a) IN GENERAL.—Except as provided in subsection
(b), this Act shall be construed and applied without regard
to the interpretive judicial canon that remaining ambigu-
ities should be resolved in favor of the Indians when stand-
ard tools of statutory construction leave no indication as
to the meaning of an Indian treaty or statute.
(b) EXCEPTION.—Subsection (a) shall not apply to
judicial interpretation of an Indian treaty with respect to
a determination of whether land was reserved or set aside
by the Federal Government for the use of an Indian tribe
as Indian land.
SEC. 4. DEFINITIONS.
As used in this Act:
(1) INDIAN TRIBE.—The term ‘‘Indian tribe’’
means any tribe, band, nation, pueblo, village, or
community that is recognized by the Secretary of the
Interior pursuant to section 102 of the Federally
Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a).
(2) SOVEREIGN INDIAN COUNTRY.—The term
‘‘sovereign Indian country’’ means land—
(A) that is rightfully owned by, or is held
in trust by the Federal Government for, an In-
dian tribe;
(B) that was reserved or set aside for the
use of the Indian tribe as Indian land by the
Federal Government, and is either—
(i) outside the exterior geographical
limits of any State; or
(ii) within the exterior geographical
limits of a State that subsequently either—
(I) acknowledged Indian title to
the land involved when the land was
made a part of the State, if that State
is one of the original 13 States to
form the United States; or
(II) provided, either in the Act
providing for the State’s admission to
the United States or in the State’s
first constitution, that all lands held
by Indians within the State shall re-
main under the jurisdiction and con-
trol of the United States, in accord-
ance with article I, section 8, clause
17 of the Constitution of the United
I
106TH CONGRESS
1ST SESSION
H. R. 549
To provide for the non-preemption of State prescription drug benefit laws
in connection with Medicare+Choice plans.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 3, 1999
Mr. MARKEY (for himself, Mr. NEAL of Massachusetts, Mr. MOAKLEY, Mr.
FRANK of Massachusetts, Mr. OLVER, Mr. MEEHAN, Mr. MCGOVERN,
Mr. TIERNEY, Mr. DELAHUNT, and Mr. CAPUANO) introduced the follow-
ing bill; which was referred to the Committee on Ways and Means, and
in addition to the Committee on Commerce, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the non-preemption of State prescription drug
benefit laws in connection with Medicare+Choice plans.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NON-PREEMPTION OF STATE PRESCRIPTION
DRUG COVERAGE MANDATES IN CASE OF AP-
PROVED STATE MEDIGAP WAIVERS.
(a) IN GENERAL.—Section 1856(b)(3) of the Social
Security Act (42 U.S.C. 1395w–26(b)(3)) is amended—
(1) in subparagraph (A), by striking ‘‘The
standards’’ and inserting ‘‘Subject to subparagraph
(C), the standards’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) CONTINUATION OF STATE PRESCRIP-
TION DRUG LAWS.—Subparagraph (A) shall not
supersede any State law that requires the com-
prehensive coverage of prescription drugs or
any regulation that carries out such a law, if—
‘‘(i) the State has a waiver in effect
under section 1882(p)(6)(A) with respect
to requiring such coverage under medicare
supplemental policies; or
‘‘(ii) the Secretary provides for a
waiver for the State to impose such a re-
quirement under section 1882(p)(6)(B).’’.
(b) MEDIGAP WAIVER.—Section 1882(p)(6) of such
Act (42 U.S.C. 1395ss(p)(6)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(6)’’, and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) The Secretary also may waive the application
of the standards described in paragraph (1)(A)(i) for a
State to include comprehensive prescription drug coverage
among the benefits required for all medicare supplemental
policies.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section take effect on the date of the enactment of
this Act.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 54
To extend the authorization for the Upper Delaware Citizens Advisory
Council.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. GILMAN introduced the following bill; which was referred to the
Committee on Resources
A BILL
To extend the authorization for the Upper Delaware Citizens
Advisory Council.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. EXTENSION OF AUTHORIZATION FOR UPPER
DELAWARE CITIZENS ADVISORY COUNCIL.
The last sentence of paragraph (1) of section 704(f)
of the National Parks and Recreation Act of 1978 (16
U.S.C. 1274 note) is amended by striking ‘‘20’’ and in-
serting ‘‘30’’.
Æ
States to improve the quality of our mathematics and
science teachers in public schools by expanding and devel-
oping professional development opportunities in mathe-
matics and science.
‘‘(b) ELIGIBILITY.—In order to receive funding under
this part, a State shall submit an application in accord-
ance with section 15203.
‘‘SEC. 15203. APPLICATION.
‘‘The State shall submit the application to the Sec-
retary at such time, in such manner, and containing such
information as the Secretary may reasonably require.
Each application under this section shall include, at a min-
imum, the following:
‘‘(1) A description of how the State will comply
with the requirements of this part.
‘‘(2) A description of the plan to be used by the
State to improve the quality of mathematics and
science teaching.
‘‘(3) A description of how the State will partner
with industry or with institutions of higher edu-
cation to achieve the goals of its plan to improve the
quality of science, technology, and mathematics
teaching and to recruit new, qualified teachers in
mathematics, science, and technology education.