datamatters24/research-document-archive huggingface dataset:
I
107TH CONGRESS
2D SESSION
H. R. 5048
To prohibit corporations from making loans to their officers, directors, and
principal shareholders.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. GEORGE MILLER of California (for himself, Mr. SHOWS, Mr. ANDREWS,
Mr. DOGGETT, Ms. LEE, Mrs. MINK of Hawaii, Mrs. NAPOLITANO, Ms.
WOOLSEY, Mr. CONYERS, Mr. TIERNEY, Mr. DELAHUNT, Mr. CAPUANO,
Mr. MEEHAN, Ms. WATERS, Mr. TAYLOR of Mississippi, Mr. KLECZKA,
Mr. STARK, Ms. SCHAKOWSKY, Ms. JACKSON-LEE
of Texas, Ms.
DELAURO, Ms. SANCHEZ, Mr. NADLER, Ms. SOLIS, Mr. ABERCROMBIE,
and Ms. SLAUGHTER) introduced the following bill; which was referred
to the Committee on Financial Services
A BILL
To prohibit corporations from making loans to their officers,
directors, and principal shareholders.
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 ‘‘Corporate Executive
Responsibility Act of 2002’’.
SEC. 2. GOVERNANCE PRACTICES TO PROHIBIT INSIDER
LOANS.
(a) RULEMAKING REQUIRED.—
(1) PROHIBITED LOANS.—Every national secu-
rities exchange and national securities association
shall adopt rules, effective no later than 6 months
after the date of enactment of this Act, to require
that the qualitative listing standards concerning cor-
porate governance of the exchange or association
prohibit loans or other extensions of credit that in
the aggregate exceed $50,000 to any corporate in-
sider.
(2) DEFINITION OF CORPORATE INSIDER.—For
purposes of paragraph (1), the term ‘‘corporate in-
sider’’ with respect to any issuer means any person
who is a beneficial owner, officer, or director who is
required to file a statement under section 16 of the
Securities Exchange Act of 1934 (15 U.S.C. 78p)
with respect to ownership of the equity securities of
such issuer.
(3) OTHER
DEFINITIONS.—For purposes of
paragraph (1), the terms ‘‘national securities ex-
change’’ and ‘‘national securities association’’ have
the same meanings provided in section 3 of the Se-
curities Exchange Act of 1934 (15 U.S.C. 78c).
(b) PROCEDURE.—The rules required by subsection
(a) of this section shall be adopted by any national securi-
ties exchange or national securities association pursuant
to section 19(b) of the Securities Exchange Act of 1934
(15 U.S.C. 78s(b)). If the rules required by this section
have not been adopted by any national securities exchange
and national securities association and made effective by
9 months after the date of enactment of this Act, the Se-
curities and Exchange Commission shall initiate pro-
ceedings to add the rules required by this section to the
rules of such national securities exchange and national se-
curities association.
(c) NO ADVERSE INFERENCE.—Nothing in this sec-
tion shall be construed to alter, impair, limit, or abrogate
the Securities and Exchange Commission’s power under
section 19(c) of the Securities Exchange Act of 1934 to
abrogate, add to, and delete from the rules of a self-regu-
latory organization (other than a registered clearing agen-
cy) as the Securities and Exchange Commission deems
necessary or appropriate.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5049
To amend title 28, United States Code, to provide for an additional place
of holding court in the Southern District of Ohio.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. NEY introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend title 28, United States Code, to provide for an
additional place of holding court in the Southern District
of Ohio.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ADDITIONAL PLACE OF HOLDING COURT IN
THE SOUTHERN DISTRICT OF OHIO.
Section 115(b)(2) of title 28, United States Code, is
amended by inserting ‘‘, St. Clairsville,’’ after ‘‘Colum-
bus’’.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5051
To enhance the criminal penalties for illegal trafficking of archaeological
resources, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. PALLONE (for himself, Mr. HAYWORTH, and Mr. UDALL of Colorado) in-
troduced the following bill; which was referred to the Committee on the
Judiciary, and in addition to the Committee on Resources, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To enhance the criminal penalties for illegal trafficking of
archaeological resources, 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 ‘‘Enhanced Protection
of Our Cultural Heritage Act’’.
SEC. 2. ENHANCED PENALTIES FOR CULTURAL HERITAGE
CRIMES.
(a) ENHANCED
PENALTY
FOR
ILLEGAL
TRAF-
FICKING IN ARCHAEOLOGICAL RESOURCES.—Section 6(d)
of the Archaeological Resources Protection Act of 1979
(16 U.S.C. 470ee(d)) is amended by striking ‘‘not more
than $10,000’’ and all that follows through the end of the
subsection, and inserting ‘‘not more than $100,000, im-
prisoned not more than 10 years, or both.’’.
(b) ENHANCED PENALTY FOR EMBEZZLEMENT AND
THEFT FROM INDIAN TRIBAL ORGANIZATIONS.—Section
1163 of title 18, United States Code, is amended by strik-
ing ‘‘five years’’ and inserting ‘‘10 years’’.
(c) ENHANCED
PENALTY
FOR
ILLEGAL
TRAF-
FICKING IN NATIVE AMERICAN HUMAN REMAINS AND
CULTURAL ITEMS.—Section 1170 of title 18, United
States Code, is amended—
(1) in subsection (a)—
(A) by inserting ‘‘or attempts to sell, pur-
chase, use for profit, or transport for sale or
profit,’’ before ‘‘human remains’’; and
(B) by striking ‘‘or imprisoned not more
than 12 months, or both, and in the case of a
second or subsequent violation, be fined in ac-
cordance with this title, or imprisoned not more
than 5 years’’ and inserting ‘‘imprisoned not
more than 10 years’’; and
(2) in subsection (b), by striking ‘‘imprisoned
not more than one year, or both, and in the case of
a second or subsequent violation, be fined in accord-
ance with this title, imprisoned not more than 5
years’’ and inserting ‘‘imprisoned not more than 10
years’’.
Æ
(2) COMPOSITION.—The Attorney General shall
provide for the preliminary designation of at least
200 such advisors, or such greater number as may
required to carry out this section. Such advisors
shall be individuals who are skilled in social services,
psychology, education, and other fields relevant to
serving as such guardians.
(3) DISTRIBUTION.—The advisors shall be des-
ignated in a manner that assures that children in all
parts of the United States are adequately served.
(b) ASSIGNMENT.—Whenever a covered unaccom-
panied alien child is a party to an immigration proceeding,
the Attorney General shall assign such child an individual
from the panel established under subsection (a) to serve
as guardian ad litem under this section.
(c) RESPONSIBILITIES.—The guardian shall provide
advocacy, independent advice, and support to child in con-
nection with the immigration proceedings, including any
legal proceedings relating to the immigration proceedings.
(d) REQUIREMENTS ON THE ATTORNEY GENERAL.—
The Attorney General shall serve notice of all matters af-
fecting a covered unaccompanied alien child’s immigration
status (including all papers filed in an immigration pro-
ceeding) on the child’s guardian assigned under this sec-
tion.
†
HR 5063 EAS
the terms of the trust instrument and any letter
of wishes or similar document, historical pat-
terns of trust distributions, and the existence of
and functions performed by a trust protector or
any similar adviser.
‘‘(B) OTHER DETERMINATIONS.—For pur-
poses of this section—
‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a
beneficiary of a trust is a corporation, part-
nership, trust, or estate, the shareholders,
partners, or beneficiaries shall be deemed to
be the trust beneficiaries for purposes of this
section.
‘‘(ii) TAXPAYER RETURN POSITION.—A
taxpayer shall clearly indicate on its in-
come tax return—
‘‘(I) the methodology used to de-
termine that taxpayer’s trust interest
under this section, and
‘‘(II) if the taxpayer knows (or
has reason to know) that any other
beneficiary of such trust is using a dif-
ferent methodology to determine such
beneficiary’s trust interest under this
section.
(1) IN GENERAL.—Amounts paid to a unit of
general local government under this section shall be
deposited into a trust fund established and adminis-
tered by the unit of general local government.
(2) RESTRICTION ON USE OF PRINCIPAL.—The
principal of the trust fund may not be expended.
(3) USE OF INTEREST.—Interest generated by
the trust fund shall be available to the unit of gen-
eral local government for any governmental purpose.
SEC. 5. RELATIONSHIP OF ONE-TIME PAYMENTS TO PAY-
MENTS IN LIEU OF TAXES.
A one-time payment received by a unit of general
local government under this Act shall not be deducted or
in any way used to offset payments required to be made
to the unit under chapter 69 of title 31, United States
Code.
SEC. 6. DEFINITIONS.
In this section:
(1) DONATION.—The term ‘‘donation’’ includes
any conveyance of land to the Federal Government
that is required as a condition of receipt of any ben-
efit under Federal law.
(2) FEDERAL LAND MANAGEMENT AGENCY.—
The term ‘‘Federal land management agency’’
means each of the following:
(A) The Forest Service.
(B) The Bureau of Land Management.
(C) The National Park Service.
(D) The United States Fish and Wildlife
Service.
(3) UNIT OF GENERAL LOCAL GOVERNMENT.—
The term ‘‘unit of general local government’’ has the
meaning given the term in section 6901(2) of title
31, United States Code.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5054
To repeal the sunset of the Economic Growth and Tax Relief Reconciliation
Act of 2001 with respect to qualified tuition programs.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. ROGERS of Michigan introduced the following bill; which was referred to
the Committee on Ways and Means
A BILL
To repeal the sunset of the Economic Growth and Tax Relief
Reconciliation Act of 2001 with respect to qualified tui-
tion programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REPEAL OF APPLICABILITY OF SUNSET OF THE
ECONOMIC GROWTH AND TAX RELIEF REC-
ONCILIATION ACT OF 2001 WITH RESPECT TO
QUALIFIED TUITION PROGRAMS.
Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended by adding at the
end the following new subsection:
‘‘(c) EXCEPTION.—Subsection (a) shall not apply to
the amendments made by section 402 (relating to modi-
fications to qualified tuition programs).’’.
Æ
SECTION 1. IN GENERAL.
The Secretary of the Army is authorized to place in
Arlington National Cemetery a memorial marker honoring
veterans who fought in the battle in the European theater
of operations during World War II known as the Battle
of the Bulge.
SEC. 2. APPROVAL OF DESIGN AND SITE.
The Secretary of the Army shall have exclusive au-
thority to approve an appropriate design and site within
Arlington National Cemetery for the memorial authorized
under section 1.
Passed the House of Representatives July 22, 2002.
Attest:
Clerk.
I
107TH CONGRESS
2D SESSION
H. R. 5055
To authorize the placement in Arlington National Cemetery of a memorial
honoring the World War II veterans who fought in the Battle of the Bulge.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. SMITH of New Jersey (for himself and Mr. EVANS) introduced the
following bill; which was referred to the Committee on Veterans’ Affairs
A BILL
To authorize the placement in Arlington National Cemetery
of a memorial honoring the World War II veterans who
fought in the Battle of the Bulge.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF PLACEMENT OF MEMO-
RIAL IN ARLINGTON NATIONAL CEMETERY
HONORING WORLD WAR II VETERANS WHO
FOUGHT IN THE BATTLE OF THE BULGE.
(a) IN GENERAL.—The Secretary of the Army is au-
thorized to place in Arlington National Cemetery a memo-
rial marker honoring veterans who fought in the battle in
the European theater of operations during World War II
known as the Battle of the Bulge.
(b) APPROVAL OF DESIGN AND SITE.—The Secretary
of the Army shall have exclusive authority to approve an
appropriate design and site within Arlington National
Cemetery for the memorial authorized under subsection
(a).
Æ
IIB
107TH CONGRESS
2D SESSION
H. R. 5055
IN THE SENATE OF THE UNITED STATES
JULY 23, 2002
Received; read twice and referred to the Committee on Veterans’ Affais
AN ACT
To authorize the placement in Arlington National Cemetery
of a memorial honoring the World War II veterans who
fought in the Battle of the Bulge.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 5055 RFS
SECTION 1. IN GENERAL.
The Secretary of the Army is authorized to place in
Arlington National Cemetery a memorial marker honoring
veterans who fought in the battle in the European theater
of operations during World War II known as the Battle
of the Bulge.
SEC. 2. APPROVAL OF DESIGN AND SITE.
The Secretary of the Army shall have exclusive au-
thority to approve an appropriate design and site within
Arlington National Cemetery for the memorial authorized
under section 1.
Passed the House of Representatives July 22, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
IB
Union Calendar No. 353
107TH CONGRESS
2D SESSION
H. R. 5055
[Report No. 107–589]
To authorize the placement in Arlington National Cemetery of a memorial
honoring the World War II veterans who fought in the Battle of the Bulge.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Mr. SMITH of New Jersey (for himself and Mr. EVANS) introduced the
following bill; which was referred to the Committee on Veterans’ Affairs
JULY 18, 2002
Additional sponsors: Ms. BROWN of Florida, Mr. REYES, Mrs. DAVIS of
California, Mr. UDALL of New Mexico, and Mr. PICKERING
JULY 18, 2002
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To authorize the placement in Arlington National Cemetery
of a memorial honoring the World War II veterans who
fought in the Battle of the Bulge.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. AUTHORIZATION OF PLACEMENT OF MEMO-
RIAL IN ARLINGTON NATIONAL CEMETERY
HONORING WORLD WAR II VETERANS WHO
FOUGHT IN THE BATTLE OF THE BULGE.
(a) IN GENERAL.—The Secretary of the Army is au-
thorized to place in Arlington National Cemetery a memo-
rial marker honoring veterans who fought in the battle in
the European theater of operations during World War II
known as the Battle of the Bulge.
(b) APPROVAL OF DESIGN AND SITE.—The Secretary
of the Army shall have exclusive authority to approve an
appropriate design and site within Arlington National
Cemetery for the memorial authorized under subsection
(a).
Union Calendar No. 353
107TH CONGRESS
2D SESSION
H. R. 5055
[Report No. 107–589]
A BILL
To authorize the placement in Arlington National
Cemetery of a memorial honoring the World War
II veterans who fought in the Battle of the
Bulge.
JULY 18, 2002
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
†
HR 5063 EAS
‘‘(g) TERMINATION OF DEFERRALS, ETC.—In the case
of any covered expatriate, notwithstanding any other provi-
sion of this title—
‘‘(1) any period during which recognition of in-
come or gain is deferred shall terminate on the day
before the expatriation date, and
‘‘(2) any extension of time for payment of tax
shall cease to apply on the day before the expatriation
date and the unpaid portion of such tax shall be due
and payable at the time and in the manner pre-
scribed by the Secretary.
‘‘(h) IMPOSITION OF TENTATIVE TAX.—
‘‘(1) IN GENERAL.—If an individual is required
to include any amount in gross income under sub-
section (a) for any taxable year, there is hereby im-
posed, immediately before the expatriation date, a tax
in an amount equal to the amount of tax which
would be imposed if the taxable year were a short tax-
able year ending on the expatriation date.
‘‘(2) DUE DATE.—The due date for any tax im-
posed by paragraph (1) shall be the 90th day after the
expatriation date.
‘‘(3) TREATMENT OF TAX.—Any tax paid under
paragraph (1) shall be treated as a payment of the
‘‘(2) Chapter 6 of title 5, United States Code.
‘‘(3) The National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
‘‘(4) The Small Business Regulatory Enforce-
ment Fairness Act of 1996 (Public Law 104–121)
and the amendments made by such Act.
‘‘(g) CONSUMER PRODUCT.—The standard promul-
gated under this section shall be a consumer product safe-
ty standard promulgated under this Act. A cigarette shall
be deemed a ‘consumer product’ under section 3(a)(1)(B)
only for the purpose of implementing or enforcing compli-
ance with this section and the standard promulgated
under this section and with respect to sections 6, 17, 18,
and 26(a) and (b) of this Act.
‘‘(h) LIMIT ON JURISDICTION.—Except as expressly
provided in this section and in section 3(a)(1)(B), the
Commission shall have no jurisdiction over tobacco or to-
bacco products.
‘‘(i) DEFINITIONS.—For purposes of this section:
‘‘(1) The term ‘cigarette’ has the meaning pre-
scribed by section 3(1) of the Federal Cigarette La-
beling and Advertising Act (15 U.S.C. 1332(1)).
‘‘(2) The term ‘cigarette paper’ has the mean-
ing prescribed by section 5702(e) of the Internal
Revenue Code of 1986.
‘‘(j) RULE OF CONSTRUCTION.—Nothing in this Act,
or the application of this Act to tobacco products, may
be construed to modify any provision of the Federal Ciga-
rette Labeling and Advertising Act (15 U.S.C. 1331 et
seq.).
‘‘(k) EFFECTIVE DATE.—The Commission shall pre-
scribe the effective date of any consumer product safety
standard promulgated for cigarettes, except that—
‘‘(1) such date shall be at least 180 days and
no more than 1 year after the date of the promulga-
tion of the standard unless the Commission, for good
cause shown, determines that an earlier effective
date is in the public interest; and
‘‘(2) notwithstanding paragraph (1), no such
standard shall have an effective date prior to 30
months after the date of enactment of this section.’’.
Æ
‘‘(3) Any reimbursement received pursuant to para-
graph (1)(B)(iii) with respect to a collection shall be cred-
ited to the appropriation accounts which bore all or part
of the costs involved in making the collection.
‘‘(4) If the Secretary or the Secretary of the Treasury
is made aware of a child support arrearage case in which
a violation of section 228 of title 18, United States Code,
may have occurred, the Secretary or the Secretary of the
Treasury, as the case may be, shall refer the case to the
Attorney General for investigation.
‘‘(5) The Secretary, in consultation with the Sec-
retary of the Treasury, shall prescribe such regulations as
may be necessary to carry out this subsection.’’.
Æ
‘‘(d) INELIGIBLE INDIVIDUALS.—Notwithstanding any
other provision of this section, no account under subsection
(b) shall be established for the benefit of an individual for
whom an account was established under section 203, if—
‘‘(1) such account was at any time augmented in
the manner described in section 203(c); and
‘‘(2) such account (as so augmented)—
‘‘(A) was exhausted before December 29,
2002; or
‘‘(B) remains available, for weeks beginning
on or after December 29, 2002, by virtue of sec-
tion 211.
‘‘SEC. 211. PHASE-OUT PROVISIONS.
‘‘(a) IN GENERAL.—In the case of an individual who
is receiving temporary extended unemployment compensa-
tion for a week of unemployment ending on December 28,
2002, the provisions of this title and of any agreement then
in effect shall be applied in a manner such that any
amounts remaining in an account established for such indi-
vidual under section 203 as of that date shall continue to
remain available to the same extent and in the same man-
ner as if section 208(2) had been amended by striking ‘Jan-
uary 1’ and inserting ‘February 2’.
‘‘(b) COORDINATION PROVISION.—After any amounts
(in an account established under section 203) remaining
health status may have been affected by such tests and
any other information acquired as a result of those tests.
SEC. 6. EXPEDITED PROCESSING OF FOIA REQUESTS.
(a) EXPEDITED PROCESSING.—For purposes of expe-
dited processing under section 552(a)(6)(E) of title 5,
United States Code, any covered requester of a record re-
lating to any testing, including Project SHAD, of chemical
or biological agents by the Department of Defense in
which members of the Armed Forces or civilians may have
been exposed to chemical or biological agents without their
knowledge or consent shall be deemed to have dem-
onstrated a compelling need for such record.
(b) COVERED REQUESTERS.—For purposes of this
section, the term ‘‘covered requester’’ means any Member
of Congress and any person acting on behalf of a veterans’
service organization.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5061
To amend part D of title IV of the Social Security Act to improve the
collection of child support arrears in interstate cases.
IN THE HOUSE OF REPRESENTATIVES
JUNE 27, 2002
Ms. WOOLSEY introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend part D of title IV of the Social Security Act
to improve the collection of child support arrears in
interstate cases.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. IMPROVED COLLECTION OF CHILD SUPPORT
ARREARS IN INTERSTATE CASES.
(a) ACCELERATED TRANSMISSION OF INCOME WITH-
HOLDING ORDERS TO EMPLOYERS.—Section 452(a) of
the Social Security Act (42 U.S.C. 652(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(10);
(2) by striking the period at the end of para-
graph (11) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (11) the fol-
lowing:
‘‘(12) if the Federal Parent Locator Service has
located an individual whom information in the Fed-
eral Case Registry of Child Support Orders indicates
is subject to a child support income withholding
order, and has information that the individual is
employed—
‘‘(A) complete a copy of the form devel-
oped under paragraph (11)(A), using informa-
tion from the abstract;
‘‘(B) transmit the completed form to any
such employer; and
‘‘(B) notify the appropriate State child
support agency that a copy of the completed
form has been so transmitted.’’.
(b) IMPROVEMENT OF AUTHORITY TO REFER CHILD
SUPPORT ARREARAGE CASES TO THE INTERNAL REV-
ENUE SERVICE.—Section 452(b) of such Act (42 U.S.C.
652(b)) is amended to read as follows:
‘‘(b)(1) The Secretary shall certify to the Secretary
of the Treasury for collection pursuant to section 6305
of the Internal Revenue Code of 1986 the amount of any
child support arrears (including any arrears with respect
to the parent who is living with the child) which are owed
in a case in which the amount is not less than $5,000,
and which a State has undertaken to collect pursuant to
section 454(4) of this Act, if—
‘‘(A) in an interstate case, information from the
Federal Parent Locator Service indicates that in-
come withholding is not available as a means to col-
lect the amount; or
‘‘(B) in any other case, the State—
‘‘(i) requests the Secretary to provide the
certification;
‘‘(ii) shows that the State has made dili-
gent efforts to collect the amount using the col-
lection mechanisms of the State; and
‘‘(iii) agrees to reimburse the Secretary of
the Treasury for the costs of the collection.
‘‘(2) In paragraph (1), the term ‘interstate case’
means a case in which, at any time after a child support
order is established on behalf of a child, the person obli-
gated to pay support under the order does not reside in
the State in which the child resides, regardless of whether
the person and the child subsequently reside in the same
State.