datamatters24/research-document-archive huggingface dataset:
I
107TH CONGRESS
2D SESSION
H. R. 4068
To convert a temporary judgeship for the eastern district of Virginia to
a permanent judgeship, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 20, 2002
Mr. SCOTT (for himself, Mr. WOLF, Mr. BOUCHER, Mr. MORAN of Virginia,
Mr. GOODLATTE, Mr. CANTOR, Mr. TOM DAVIS of Virginia, Mrs. JO ANN
DAVIS of Virginia, Mr. SCHROCK, Mr. FORBES, and Mr. GOODE) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To convert a temporary judgeship for the eastern district
of Virginia to a permanent judgeship, 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. DISTRICT JUDGESHIP FOR THE EASTERN DIS-
TRICT OF VIRGINIA.
(a) CONVERSION
OF TEMPORARY JUDGESHIP
TO
PERMANENT JUDGESHIP.—The existing district judgeship
for the eastern district of Virginia authorized by section
203(c) of the Judicial Improvements Act of 1990 (Public
Law 101–650; 28 U.S.C. 133 note) shall, as of the date
of the enactment of this Act, be authorized under section
133 of title 28, United States Code, and the incumbent
in that office shall hold the office under section 133 of
title 28, United States Code (as amended by this Act).
(b) TECHNICAL AND CONFORMING AMENDMENT.—
The table contained in section 133(a) of title 28, United
States Code, is amended by striking the item relating to
Virginia and inserting the following:
‘‘Virginia:
Eastern .............................................................................................
Western .............................................................................................
4’’.
Æ
HR 4069 RFS
SEC. 103. MONTHS ENDING AFTER DECEASED INDIVID-
UAL’S DEATH DISREGARDED IN APPLYING
EARLY RETIREMENT RULES WITH RESPECT
TO DECEASED INDIVIDUAL FOR PURPOSES
OF LIMITATION ON WIDOW’S AND WIDOWER’S
BENEFITS.
(a) 
WIDOW’S
INSURANCE
BENEFITS.—Section
202(e)(2)(D)(i) of the Social Security Act (42 U.S.C.
402(e)(2)(D)(i)) is amended by inserting after ‘‘applica-
ble,’’ the following: ‘‘except that, in applying paragraph
(7) of subsection (q) for purposes of this clause, any
month ending with or after the date of the death of such
deceased individual shall be deemed to be excluded under
such paragraph (in addition to months otherwise excluded
under such paragraph),’’.
(b) WIDOWER’S
INSURANCE
BENEFITS.—Section
202(f)(3)(D)(i) of such Act (42 U.S.C. 402(f)(3)(D)(i))
is amended by inserting after ‘‘applicable,’’ the following:
‘‘except that, in applying paragraph (7) of subsection (q)
for purposes of this clause, any month ending with or after
the date of the death of such deceased individual shall be
deemed to be excluded under such paragraph (in addition
to months otherwise excluded under such paragraph),’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to benefits for months
after November 2002.
pursuant to Revenue Procedure 84–58, the date that
the taxpayer identifies such amount as a deposit
made pursuant to section 6603 of the Internal Rev-
enue Code (as added by this Act) shall be treated as
the date such amount is deposited for purposes of
such section 6603.
SEC. 203. PARTIAL PAYMENT OF TAX LIABILITY IN IN-
STALLMENT AGREEMENTS.
(a) IN GENERAL.—
(1) Section 6159(a) of the Internal Revenue
Code of 1986 (relating to authorization of agree-
ments) is amended—
(A) by striking ‘‘satisfy liability for pay-
ment of’’ and inserting ‘‘make payment on’’,
and
(B) by inserting ‘‘full or partial’’ after ‘‘fa-
cilitate’’.
(2) Section 6159(c) of such Code (relating to
Secretary required to enter into installment agree-
ments in certain cases) is amended in the matter
preceding paragraph (1) by inserting ‘‘full’’ before
‘‘payment’’.
(b) REQUIREMENT TO REVIEW PARTIAL PAYMENT
AGREEMENTS EVERY TWO YEARS.—Section 6159 of such
Code is amended by redesignating subsections (d) and (e)
as subsections (e) and (f), respectively, and inserting after
subsection (c) the following new subsection:
‘‘(d) SECRETARY REQUIRED TO REVIEW INSTALL-
MENT AGREEMENTS FOR PARTIAL COLLECTION EVERY
TWO YEARS.—In the case of an agreement entered into
by the Secretary under subsection (a) for partial collection
of a tax liability, the Secretary shall review the agreement
at least once every 2 years.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to agreements entered into on or
after the date of the enactment of this Act.
Passed the House of Representatives May 14, 2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 4069
AN ACT
To amend title II of the Social Security Act to pro-
vide for miscellaneous enhancements in Social
Security benefits, and for other purposes.
‘‘(i) the representative payee is a person who
serves in that capacity with respect to 15 or more
such individuals;
‘‘(ii) the representative payee is a certified com-
munity-based nonprofit social service agency (as de-
fined in paragraph (9) of this subsection or section
1631(a)(2)(I)); or
‘‘(iii) the representative payee is an agency
(other than an agency described in clause (ii)) that
serves in that capacity with respect to 50 or more
such individuals.
‘‘(B) Within 120 days after the end of each fiscal
year, the Commissioner shall submit to the Committee on
Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on the re-
sults of periodic onsite reviews conducted during the fiscal
year pursuant to subparagraph (A) and of any other re-
views of representative payees conducted during such fis-
cal year in connection with benefits under this title. Each
such report shall describe in detail all problems identified
in such reviews and any corrective action taken or planned
to be taken to correct such problems, and shall include—
‘‘(i) the number of such reviews;
‘‘(ii) the results of such reviews;
‘‘(3) AUTHORITY TO REDIRECT DELIVERY OF
BENEFIT
PAYMENTS
WHEN
A
REPRESENTATIVE
PAYEE
FAILS
TO
PROVIDE
REQUIRED
ACCOUNT-
ING.—In any case in which the person described in
paragraph (1) or (2) receiving benefit payments on
behalf of a qualified individual fails to submit a re-
port required by the Commissioner of Social Secu-
rity under paragraph (1) or (2), the Commissioner
may, after furnishing notice to such person and the
qualified individual, require that such person appear
in person at a United States Government facility
designated by the Social Security Administration as
serving the area in which the qualified individual re-
sides in order to receive such benefit payments.’’.
(c) 
TITLE
XVI 
AMENDMENT.—Section
1631(a)(2)(C) of such Act (42 U.S.C. 1383(a)(2)(C)) is
amended by adding at the end the following new clause:
‘‘(v) In any case in which the person described in
clause (i) or (iv) receiving payments on behalf of another
fails to submit a report required by the Commissioner of
Social Security under clause (i) or (iv), the Commissioner
may, after furnishing notice to the person and the indi-
vidual entitled to the payment, require that such person
appear in person at a field office of the Social Security
†
HR 4070 EAS
(2) Paragraph (5) of section 15(j) of the Rail-
road Retirement Act of 1974 (45 U.S.C. 231n(j)(5))
is amended—
(A) in subparagraph (B), by striking
‘‘trustee’s’’ each place it appears and inserting
‘‘Trustee’s’’;
(B) in subparagraph (C), by striking
‘‘trustee’’ and ‘‘trustees’’ each place it appears
and inserting ‘‘Trustee’’ and ‘‘Trustees’’, respec-
tively; and
(C) in the matter preceding clause (i) of
subparagraph (D), by striking ‘‘trustee’’ and in-
serting ‘‘Trustee’’.
Attest:
Secretary.
‘‘(1) PROHIBITION.—No rail tank car con-
taining hazardous materials may be transported or 
stored on rail tracks that are part of or connected 
to the general system of railroad transportation un-
less information identifying the tank car, the haz-
ardous materials within such tank car, and response 
guidance is immediately available to local first re-
sponders in each location where the tank car may be 
located. Such information shall be provided through 
the Operation Respond Institute’s technology or 
similar technology. Each day in which a tank car is 
transported or stored in violation of this paragraph 
shall constitute a separate violation. 
‘‘(2) EXCEPTION.—The Secretary of Transpor-
tation may provide an exception to the prohibition 
under paragraph (1) if no data base exists through 
which the requirement can be met.’’; and 
(2) in section 5124, by adding at the end the 
following: ‘‘This section shall not apply to a violation 
of subsection (b) of section 5111 or a regulation pre-
scribed or order issued under such subsection.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 90 days after the date of 
enactment of this Act.
SEC. 17. DEFINITIONS. 
For purposes of this Act—
(1) the term ‘‘front-line workers’’ means secu-
rity personnel, dispatchers, train operators, other 
onboard employees, maintenance and support per-
sonnel, bridge tenders, and other appropriate em-
ployees of railroad carriers; 
(2) the term ‘‘high hazard materials’’ means 
poison inhalation hazard materials, Class 2.3 gases, 
Class 6.1 materials, Class 7 radioactive materials, 
and anhydrous ammonia; and 
(3) the terms ‘‘railroad’’ and ‘‘railroad carrier’’ 
have the meaning given those terms in section 
20102 of title 49, United States Code.
Æ
to enforce this Act or any such regulation or to order the 
Administrator to perform such act or duty, as the case 
may be. 
(c) VENUE.—Any suit under this section shall be 
brought in the Federal judicial district in which occurs 
the violation or failure, as applicable. 
(d) INTERVENTION BY UNITED STATES.—In any suit 
under this section in which the United States is not a 
party, the Attorney General, at the request of the Admin-
istrator, may intervene on behalf of the United States as 
a matter of right. 
(e) AWARD OF COSTS.—The court, in issuing any 
final order in any suit brought under this section, may 
award costs of litigation (including reasonable attorney 
and expert witness fees) to any party, whenever the court 
determines such award is appropriate. 
(f) PRESERVATION OF OTHER RIGHTS.—This section 
shall not restrict any right that any person or class of per-
sons may have under any statute or common law to seek 
enforcement of any standard or limitation or to seek any 
other relief, including relief against the Administrator or 
a State agency.
TITLE VIII—OCEAN SCIENCE, EX-
PLORATION, AND RESEARCH 
COORDINATION 
SEC. 801. COMMITTEE ON OCEAN SCIENCE, EDUCATION, 
AND OPERATIONS. 
(a) COMMITTEE.—The Chair of the National Oceans 
Council created under section 502 of this Act shall estab-
lish a Committee on Ocean Science, Education, and Oper-
ations (referred to in this Act as the ‘‘Committee’’). 
(b) MEMBERSHIP.—The Committee shall be com-
posed of the following members: 
(1) The Administrator. 
(2) The Secretary of the Navy. 
(3) The Director of the National Science Foun-
dation. 
(4) The Administrator of the National Aero-
nautics and Space Administration. 
(5) The Under Secretary of Energy for Energy, 
Science, and Environment. 
(6) The Administrator of the Environmental 
Protection Agency. 
(7) The Under Secretary of Homeland Security 
for Science and Technology. 
(8) The Commandant of the Coast Guard.
spective Secretary, to allow greater coordination between 
the welfare and workforce development systems. 
SEC. 116. STUDIES BY THE CENSUS BUREAU AND THE GEN-
ERAL ACCOUNTING OFFICE. 
(a) CENSUS BUREAU STUDY.—
(1) IN GENERAL.—Section 414(a) (42 U.S.C. 
614(a)) is amended to read as follows: 
‘‘(a) IN GENERAL.—The Bureau of the Census shall 
implement or enhance a longitudinal survey of program 
participation, developed in consultation with the Secretary 
and made available to interested parties, to allow for the 
assessment of the outcomes of continued welfare reform 
on the economic and child well-being of low-income fami-
lies with children, including those who received assistance 
or services from a State program funded under this part, 
and, to the extent possible, shall provide State representa-
tive samples. The content of the survey should include 
such information as may be necessary to examine the 
issues of out-of-wedlock childbearing, marriage, welfare 
dependency and compliance with work requirements, the 
beginning and ending of spells of assistance, work, earn-
ings and employment stability, and the well-being of chil-
dren.’’. 
(2) 
APPROPRIATION.—Section 
414(b) 
(42 
U.S.C. 614(b)) is amended—
286
(2) TRIBAL TANF IMPROVEMENT FUND.—Section
412(a) (42 U.S.C. 612(a)) is amended by striking
paragraph (2) and inserting the following:
‘‘(2) TRIBAL TANF IMPROVEMENT GRANTS.—
‘‘(A) TRIBAL CAPACITY GRANTS.—
‘‘(i) IN GENERAL.—Of the amount ap-
propriated under subparagraph (D) for the
period of fiscal years 2003 through 2006,
$35,000,000 shall be used by the Secretary
to award grants for tribal human services
program infrastructure improvement (as de-
fined in clause (v)) to—
‘‘(I) Indian tribes that have ap-
plied for approval of a tribal family
assistance plan and that meet the re-
quirements of clause (ii)(I);
‘‘(II) Indian tribes with an ap-
proved tribal family assistance plan
and that meet the requirements of
clause (ii)(II); and
‘‘(III) Indian tribes that have ap-
plied for approval of a foster care and
adoption assistance program under
section 479B or that plan to enter into,
or have in place, a tribal-State cooper-
(3) in clause (E) (as redesignated), by inserting
‘‘except as provided in paragraph (2),’’ before ‘‘she
was married’’;
(4) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
(5) by adding at the end the following new
paragraph:
‘‘(2) The requirements of paragraph (1)(E) in con-
nection with the surviving wife of an individual shall be
treated as satisfied if—
‘‘(A) the individual had been married prior to
the individual’s marriage to the surviving wife,
‘‘(B) the prior wife was institutionalized during
the individual’s marriage to the prior wife due to
mental incompetence or similar incapacity,
‘‘(C) during the period of the prior wife’s insti-
tutionalization, the individual would have divorced
the prior wife and married the surviving wife, but
the individual did not do so because such divorce
would have been unlawful, by reason of the prior
wife’s institutionalization, under the laws of the
State in which the individual was domiciled at the
time (as determined based on evidence satisfactory
to the Commissioner of Social Security),
‘‘(D) the prior wife continued to remain institu-
tionalized up to the time of her death, and
1986 is amended by striking ‘‘described in subsection
(g)(5)’’ and inserting ‘‘on a farm operated for profit’’.
(b) AMENDMENT TO SOCIAL SECURITY ACT.—Sec-
tion 209(a)(6)(B) of the Social Security Act (42
U.S.C. 409(a)(6)(B)) is amended by striking ‘‘described
in section 210(f)(5)’’ and inserting ‘‘on a farm operated
for profit’’.
(c) CONFORMING AMENDMENT.—Section 3121(g)(5)
of such Code and section 210(f)(5) of such Act (42
U.S.C. 410(f)(5)) are amended by striking ‘‘or is domes-
tic service in a private home of the employer’’.
SEC. 434. TECHNICAL CORRECTIONS OF OUTDATED REF-
ERENCES.
(a) CORRECTION OF TERMINOLOGY AND CITATIONS
RESPECTING REMOVAL FROM THE UNITED STATES.—
Section 
202(n) 
of 
the 
Social 
Security 
Act 
(42
U.S.C. 402(n)) is amended—
(1) by striking ‘‘deportation’’ each place it ap-
pears and inserting ‘‘removal’’;
(2) by striking ‘‘deported’’ each place it appears
and inserting ‘‘removed’’;
(3) in paragraph (1) (in the matter preceding
subparagraph (A)), by striking ‘‘under section
241(a) (other than under paragraph (1)(C) or
(1)(E) thereof)’’ and inserting ‘‘under section 237(a)
HR 4070 RFS
(1) 
REISSUANCE
OF
BENEFITS.—Section
205(j)(5) 
of 
the 
Social 
Security 
Act 
(42
U.S.C. 405(j)(5)) is amended by inserting after the
first sentence the following new sentences: ‘‘In any
case in which a representative payee—
‘‘(A) that is not an individual (regardless of
whether it is a ‘qualified organization’ within the
meaning of paragraph (4)(B)); or
‘‘(B) is an individual who, for any month dur-
ing a period when misuse occurs, serves 15 or more
individuals who are beneficiaries under this title,
title VIII, title XVI, or any combination of such ti-
tles;
misuses all or part of an individual’s benefit paid to such
representative payee, the Commissioner of Social Security
shall certify for payment to the beneficiary or the bene-
ficiary’s alternative representative payee an amount equal
to the amount of such benefit so misused. The provisions
of this paragraph are subject to the limitations of para-
graph (7)(B).’’.
(2) MISUSE OF BENEFITS DEFINED.—Section
205(j) of such Act (42 U.S.C. 405(j)) is amended
by adding at the end the following new paragraph:
‘‘(8) For purposes of this subsection, misuse of bene-
fits by a representative payee occurs in any case in which
(1) in paragraph (3) by striking ‘‘encourage’’
and inserting ‘‘assist’’,
(2) in paragraph (4) by striking ‘‘and’’ at the
end,
(3) by redesignating paragraph (5) as para-
graph (7), and
(4) by inserting after paragraph (4) the fol-
lowing:
‘‘(5) to encourage States to improve the quality
of child care available to families;
‘‘(6) to promote school readiness by encour-
aging the exposure of young children in child care to
nurturing environments and developmentally-appro-
priate activities, including activities to foster early
cognitive and literacy development; and’’.
SEC. 203. AUTHORIZATION OF APPROPRIATIONS.
Section 658B of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858) is amended
by striking ‘‘$1,000,000,000 for each of the fiscal years
1996 through 2002’’ and inserting ‘‘$2,100,000,000 for
each of the fiscal years 2003 through 2007’’.
SEC. 204. APPLICATION AND PLAN.
Section 658E(c)(2) of the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 9858C(c)(2))
is amended—
HR 4070 RFS
the representative payee receives payment under this title
for the use and benefit of another person and converts
such payment, or any part thereof, to a use other than
for the use and benefit of such other person. The Com-
missioner of Social Security may prescribe by regulation
the meaning of the term ‘use and benefit’ for purposes
of this paragraph.’’.
(b) TITLE VIII AMENDMENTS.—
(1) REISSUANCE OF BENEFITS.—Section 807(i)
of the Social Security Act (42 U.S.C. 1007(i)) is
amended by inserting after the first sentence the fol-
lowing new sentences: ‘‘In any case in which a rep-
resentative payee—
‘‘(1) that is not an individual; or
‘‘(2) is an individual who, for any month
during a period when misuse occurs, serves 15
or more individuals who are beneficiaries under
this title, title II, title XVI, or any combination
of such titles;
misuses all or part of an individual’s benefit paid to
such representative payee, the Commissioner of So-
cial Security shall pay to the beneficiary or the bene-
ficiary’s alternative representative payee an amount
equal to the amount of such benefit so misused. The
HR 4070 RFS
provisions of this paragraph are subject to the limi-
tations of subsection (l)(2).’’.
(2) MISUSE OF BENEFITS DEFINED.—Section
807 of such Act (42 U.S.C. 1007) is amended by
adding at the end the following new subsection:
‘‘(j) MISUSE OF BENEFITS.—For purposes of this
title, misuse of benefits by a representative payee occurs
in any case in which the representative payee receives pay-
ment under this title for the use and benefit of another
person and converts such payment, or any part thereof,
to a use other than for the use and benefit of such other
person. The Commissioner of Social Security may pre-
scribe by regulation the meaning of the term ‘use and ben-
efit’ for purposes of this subsection.’’.
(3) TECHNICAL AMENDMENT.—Section 807(a)
of such Act (42 U.S.C. 1007(a)) is amended, in the
first sentence, by striking ‘‘for his or her benefit’’
and inserting ‘‘for his or her use and benefit’’.
(c) TITLE XVI AMENDMENTS.—
(1) 
REISSUANCE
OF
BENEFITS.—Section
1631(a)(2)(E) 
of 
such 
Act 
(42
U.S.C. 1383(a)(2)(E)) is amended by inserting
after the first sentence the following new sentences:
‘‘In any case in which a representative payee—
318
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in the case of an Indian tribe or trib-
al organization submitting a plan for approval
under section 471, the plan shall—
‘‘(i) in lieu of the requirement of sec-
tion 471(a)(3), identify the service area or
areas and population to be served by the In-
dian tribe or tribal organization; and
‘‘(ii) in lieu of the requirement of sec-
tion 471(a)(10), provide for the approval of
foster homes pursuant to tribal standards
and in a manner that ensures the safety of,
and accountability for, children placed in
foster care.
‘‘(B) SPECIAL RULE.—With respect to an
Indian tribe located in the State of Alaska—
‘‘(i) clause (ii) of subparagraph (A)
shall not apply; and
‘‘(ii) 
the 
requirement 
of 
section
471(a)(10) shall apply to a plan submitted
by such tribe.
‘‘(2) DETERMINATION OF FEDERAL SHARE.—
‘‘(A) PER CAPITA INCOME.—
‘‘(i) IN GENERAL.—For purposes of de-
termining the Federal medical assistance
HR 4073 RH
‘‘SEC. 108. MICROENTERPRISE DEVELOPMENT CREDITS.’’.
SEC. 3. AMENDMENTS TO THE MICROENTERPRISE DEVEL-
OPMENT 
GRANT 
ASSISTANCE 
PROGRAM
UNDER THE FOREIGN ASSISTANCE ACT OF
1961.
(a) FINDINGS AND POLICY.—Section 131(a) of the For-
eign Assistance Act of 1961 (22 U.S.C. 2152a(a)) is amend-
ed to read as follows:
‘‘(a) FINDINGS AND POLICY.—Congress finds and de-
clares that—
‘‘(1) access to financial services and the develop-
ment of microenterprise are vital factors in the stable
growth of developing countries and in the development
of free, open, and equitable international economic
systems;
‘‘(2) it is therefore in the best interest of the
United States to facilitate access to financial services
and assist the development of microenterprise in de-
veloping countries;
‘‘(3) access to financial services and the develop-
ment of microenterprises can be supported by pro-
grams providing credit, savings, training, technical
assistance, business development services, and other fi-
nancial and non-financial services; and
‘‘(4) given the relatively high percentage of popu-
lations living in rural areas of developing countries,
†
HR 4073 EAS
ment shall develop poverty indicators that correlate
with the circumstances of the very poor.
‘‘(B) The Administrator shall field-test the meth-
ods developed under subparagraph (A). As part of the
testing, institutions and programs may use the meth-
ods on a voluntary basis to demonstrate their ability
to reach the very poor.
‘‘(C) Not later than October 1, 2004, the Admin-
istrator shall, from among the low-cost poverty meas-
urement methods developed under subparagraph (A),
certify no fewer than two such methods as approved
methods for measuring the poverty levels of current or
prospective clients of microenterprise institutions for
purposes of assistance under this section.
‘‘(2) APPLICATION.—The Administrator shall re-
quire that, with reasonable exceptions, all organiza-
tions applying for microenterprise assistance under
this Act use one of the certified methods, beginning no
later than October 1, 2005, to determine and report
the poverty levels of current or prospective clients.’’.
(e) LEVEL OF ASSISTANCE.—Section 131(e) of such
Act, as redesignated by subsection (d), is amended by insert-
ing ‘‘and $175,000,000 for fiscal year 2003 and
$200,000,000 for fiscal year 2004’’ after ‘‘fiscal years 2001
and 2002’’.