datamatters24/research-document-archive huggingface dataset:
IIB
107TH CONGRESS
2D SESSION
H. R. 1870
IN THE SENATE OF THE UNITED STATES
MARCH 7, 2002
Received; read twice and referred to the Committee on Energy and Natural
Resources
AN ACT
To provide for the sale of certain real property within the
Newlands Project in Nevada, to the city of Fallon, Nevada.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 1866 RS
SECTION 1. DETERMINATION OF SUBSTANTIAL NEW QUES-
TION OF PATENTABILITY IN REEXAMINATION
PROCEEDINGS.
Sections 303(a) and 312(a) of title 35, United States
Code, are each amended by adding at the end the fol-
lowing: ‘‘The existence of a substantial new question of
patentability is not precluded by the fact that a patent
or printed publication was previously cited by or to the
Office or considered by the Office.’’.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to any determination of the Director of the United
States Patent and Trademark Office that is made under
section 303(a) or 312(a) of title 35, United States Code,
on or after the date of the enactment of this Act.
Passed the House of Representatives September 5,
2001.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 427
107TH CONGRESS
2D SESSION
H. R. 1866
AN ACT
To amend title 35, United States Code, to clarify
the basis for granting requests for reexamination
of patents.
JUNE 20, 2002
Reported without amendment
I
107TH CONGRESS
1ST SESSION
H. R. 1867
To amend the Internal Revenue Code of 1986 to provide 5-year depreciation
for certain horses placed in service after attaining age 7.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2001
Mr. DEAL of Georgia introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to provide
5-year depreciation for certain horses placed in service
after attaining age 7.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. 5-YEAR DEPRECIATION FOR CERTAIN HORSES
PLACED IN SERVICE AFTER ATTAINING AGE
7.
(a) IN GENERAL.—Subparagraph (B) of section
168(e)(3) of the Internal Revenue Code of 1986 (defining
5-year property) is amended by striking ‘‘and’’ at the end
of clause (v), by striking the period at the end of clause
(vi) and inserting ‘‘, and’’, and by inserting after clause
(vi) the following new clause:
‘‘(vii) any female horse (other than a
race horse) which is more than 7 years old
but not more than 12 years old at the time
it is placed in service.’’
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to horses placed in service after
the date of the enactment of this Act.
Æ
I
107TH CONGRESS
1ST SESSION
H. R. 1868
To amend the Elementary and Secondary Education Act of 1965 to allow
certain counties flexibility in spending funds.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2001
Mr. ENGEL (for himself, Mr. ACKERMAN, Mr. CROWLEY, Mrs. MALONEY of
New York, Mr. RANGEL, and Mr. SERRANO) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To amend the Elementary and Secondary Education Act
of 1965 to allow certain counties flexibility in spending funds.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SPENDING FLEXIBILITY.
Section 1124(c)(2) is amended by striking the third
and fourth sentences.
Æ
I
107TH CONGRESS
1ST SESSION
H. R. 1874
To allow any business or individual in any State experiencing a power emer-
gency to operate any type of power generation available to ensure their
economic stability, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2001
Mr. HUNTER (for himself, Mr. ROYCE, Mr. CUNNINGHAM, Mr. DOOLITTLE,
Mr. HERGER, Mr. OSE, Mr. POMBO, Mr. RADANOVICH, Mr. GALLEGLY,
Mr. MCKEON, Mr. DREIER, Mr. HORN, Mr. LEWIS of California, Mr.
GARY G. MILLER of California, Mr. CALVERT, Mrs. BONO, Mr. ROHR-
ABACHER, Mr. COX, and Mr. ISSA) introduced the following bill; which
was referred to the Committee on Energy and Commerce
A BILL
To allow any business or individual in any State experiencing
a power emergency to operate any type of power genera-
tion available to ensure their economic stability, 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. EMERGENCY GENERATION.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, the Governor of a State may authorize any
business or individual in any State experiencing a power
I
107TH CONGRESS
1ST SESSION
H. R. 1869
To amend the Fair Labor Standards Act of 1938 to require an employer
to notify the parent or guardian of an employee who is under the
age of 18 or handicapped and who works at the same facility as an
individual who has a criminal record that includes a conviction for
a crime of violence.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2001
Mr. FROST introduced the following bill; which was referred to the Committee
on Education and the Workforce
A BILL
To amend the Fair Labor Standards Act of 1938 to require
an employer to notify the parent or guardian of an
employee who is under the age of 18 or handicapped
and who works at the same facility as an individual
who has a criminal record that includes a conviction
for a crime of violence.
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 ‘‘Amy Robinson Memo-
rial Act’’.
SEC. 2. NOTICE TO PARENT OR GUARDIAN THAT MINOR OR
HANDICAPPED EMPLOYEE WORKS WITH IN-
DIVIDUAL WITH A RECORD OF A CRIME OF
VIOLENCE.
Section 14 of the Fair Labor Standards Act of 1938
(29 U.S.C. 214) is amended by adding at the end the fol-
lowing:
‘‘(e)(1) The Secretary shall by regulation require that
an employer provide prompt written notice to the parent
or guardian of an employee if—
‘‘(A)(i) the employee has not attained eighteen
years of age or is employed under a special certifi-
cate issued under subsection (c) for earning or pro-
ductive capacity impaired by physical or mental defi-
ciency, or injury; or
‘‘(ii) the employer knows or reasonably should
know that the earning or productive capacity of the
employee is impaired by physical or mental defi-
ciency, or injury;
‘‘(B) another individual who has a criminal
record that includes a conviction for a crime of vio-
lence (as defined in section 16 of title 18, United
States Code) performs work at the same facility as
the employee; and
‘‘(C) the employer—
‘‘(i) employs the other individual; or
‘‘(ii) knows or reasonably should know of
the conviction.
‘‘(2) The notice under paragraph (1) shall contain an
identification of the facility, a statement that an individual
who has been convicted of a crime of violence performs
work at the facility, and an identification of each such
crime of violence.’’.
Æ
emergency declared by the Governor to operate, at any
time during that emergency (but not for more than 6 con-
secutive months), any type of power generation available,
using any type of fuel available, to ensure the economic
stability of such business or individual. Following the expi-
ration of any authorization under this section, the Gov-
ernor may issue one or more subsequent authorizations
in accordance with this section.
(b) EFFECT ON AIR QUALITY.—No additional emis-
sions attributable to electric power generation permitted
solely by reason of an authorization under subsection (a)
shall be taken into account for purposes of determining
under Part D of title I of the Clean Air Act the attainment
or nonattainment status of any area or for purposes of
determining the nonattainment classification or attain-
ment date of any such area under such Part D. Notwith-
standing any such additional emissions, the Administrator
of the Environmental Protection Agency shall not dis-
approve the State implementation plan under the Clean
Air Act, or promulgate a plan or plan provisions under
section 110(c) of that Act, for that State if the applicable
implementation plan under such Act for that State would
not have been disapproved, and no such plan or plan provi-
sions would have been promulgated by the Administrator,
in the absence of such additional emissions.
(c) REPORT.—Not later than December 31, 2004,
and annually thereafter through 2006, the Secretary of
Health and Human Services shall submit to Congress a
report that describes—
(1) the additional information made available to
the Secretary from the use of universal product
numbers on covered items furnished under part B of
the medicare program (as that term is defined in
section 1842(u)(3) of the Social Security Act, as
added by subsection (a));
(2) any change by the Secretary in reimburse-
ment rates for the covered items by reason of such
information; and
(3) the Secretary’s recommendations for addi-
tional items reimbursed under the medicare program
for which the use of universal product numbers is
appropriate.
Æ
107TH CONGRESS
2D SESSION
H. R. 1870
AN ACT
To provide for the sale of certain real property
within the Newlands Project in Nevada, to the
city of Fallon, Nevada.
107TH CONGRESS
2D SESSION
H. R. 1870
AN ACT
To provide for the sale of certain real property within the
Newlands Project in Nevada, to the city of Fallon, Nevada.
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 ‘‘Fallon Rail Freight
Loading Facility Transfer Act’’.
SEC. 2. CONVEYANCE TO THE CITY OF FALLON, NEVADA.
(a) CONVEYANCE.—
(1) IN GENERAL.—Subject to subsections (b)
and (c), the Secretary of the Interior shall convey to
the city of Fallon, Nevada, all right, title, and inter-
est of the United States in and to approximately 6.3
acres of real property in the Newlands Reclamation
Project, Nevada, generally known as ‘‘380 North
Taylor Street, Fallon, Nevada’’, and identified for
disposition on the map entitled ‘‘Fallon Rail Freight
Loading Facility’’.
(2) MAP.—The map referred to in paragraph
(1) shall be on file and available for public inspec-
tion in—
(A) the offices of the Commissioner of the
Bureau of Reclamation; and
(B) the offices of the Area Manager of the
Bureau of Reclamation, Carson City, Nevada.
(b) CONSIDERATION.—
(1) IN GENERAL.—The Secretary shall require
that, as consideration for the conveyance under sub-
section (a), the city of Fallon, Nevada, shall pay to
the United States an amount equal to the fair mar-
ket value of the real property, as determined—
(A) by an appraisal of the real property,
conducted not later than 60 days after the date
of enactment of this Act by an independent ap-
praiser approved by the Commissioner of Rec-
lamation and paid for by the city of Fallon, Ne-
vada; and
(B) without taking into consideration the
value of any structures or improvements on the
property.
(2) CREDIT OF PROCEEDS.—The amount paid
to the United States under paragraph (1) shall be
credited, in accordance with section 204(c) of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 485(c)), to the appropriate fund in
the Treasury relating to the Newlands Reclamation
Project, Nevada.
(c) LIABILITY.—The conveyance under subsection (a)
shall not occur until such data as the Commissioner of
Reclamation certifies that all liability issues relating to the
HR 1877 RFS
109A or 110 if the sexual activity occurred, or was
intended to occur, within the special maritime and
territorial jurisdiction of the United States, regard-
less of where it actually occurred or was intended to
occur; or’’; and
(3) by redesignating paragraph (r) as para-
graph (s).
Passed the House of Representatives May 21, 2002.
Attest:
JEFF TRANDAHL,
Clerk.
property (including issues of environmental liability) have
been resolved.
Passed the House of Representatives March 6,
2002.
Attest:
Clerk.
H. R. 1870
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To provide for the sale of certain real property within the Newlands Project in
Nevada, to the city of Fallon, Nevada.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fallon Rail Freight Loading
Facility Transfer Act’’.
SEC. 2. CONVEYANCE TO THE CITY OF FALLON, NEVADA.
(a) CONVEYANCE.—
(1) IN GENERAL.—Subject to subsections (b) and (c), the
Secretary of the Interior shall convey to the city of Fallon,
Nevada, all right, title, and interest of the United States in
and to approximately 6.3 acres of real property in the Newlands
Reclamation Project, Nevada, generally known as ‘‘380 North
Taylor Street, Fallon, Nevada’’, and identified for disposition
on the map entitled ‘‘Fallon Rail Freight Loading Facility’’.
(2) MAP.—The map referred to in paragraph (1) shall be
on file and available for public inspection in—
(A) the offices of the Commissioner of the Bureau of
Reclamation; and
(B) the offices of the Area Manager of the Bureau
of Reclamation, Carson City, Nevada.
(b) CONSIDERATION.—
(1) IN
GENERAL.—The Secretary shall require that, as
consideration for the conveyance under subsection (a), the city
of Fallon, Nevada, shall pay to the United States an amount
equal to the fair market value of the real property, as
determined—
(A) by an appraisal of the real property, conducted
not later than 60 days after the date of enactment of
this Act by an independent appraiser approved by the
Commissioner of Reclamation and paid for by the city
of Fallon, Nevada; and
(B) without taking into consideration the value of any
structures or improvements on the property.
(2) CREDIT OF PROCEEDS.—The amount paid to the United
States under paragraph (1) shall be credited, in accordance
with section 204(c) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 485(c)), to the appropriate
fund in the Treasury relating to the Newlands Reclamation
Project, Nevada.
H. R. 1870—2
(c) LIABILITY.—The conveyance under subsection (a) shall not
occur until such date as the Commissioner of Reclamation certifies
that all liability issues relating to the property (including issues
of environmental liability) have been resolved.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I
107TH CONGRESS
1ST SESSION
H. R. 1870
To provide for the sale of certain real property within the Newlands Project
in Nevada, to the city of Fallon, Nevada.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2001
Mr. GIBBONS introduced the following bill; which was referred to the
Committee on Resources
A BILL
To provide for the sale of certain real property within the
Newlands Project in Nevada, to the city of Fallon, Nevada.
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 ‘‘Fallon Rail Freight
Loading Facility Transfer Act’’.
SEC. 2. CONVEYANCE TO THE CITY OF FALLON, NEVADA.
(a) IN GENERAL.—
(1) CONVEYANCE.—Subject only to the provi-
sions of subsection (b), the Secretary of the Interior
shall convey to the city of Fallon, Nevada, all right,
title, and interest of the United States in and to ap-
proximately 6.3 acres of real property within the
Newlands Project, Nevada, generally known as 380
North Taylor Street, Fallon, Nevada, and identified
for disposition on the map entitled ‘‘Fallon Rail
Freight Loading Facility’’.
(2) MAP.—The Secretary shall keep the map
referred to in paragraph (1) on file and available for
public inspection in the offices of the Commissioner
of the Bureau of Reclamation and the offices of the
Area Manager of the Bureau of Reclamation, Carson
City, Nevada.
(b) CONSIDERATION.—The Secretary shall require
that as consideration for the conveyance under subsection
(a), the city of Fallon shall pay the United States an
amount equal to the fair market value of the real property
as determined by an appraisal of the fair market value
of the real property, without taking into consideration the
value of any structures or improvements on the property,
as of a date that is not later than 60 days after the date
of enactment of this Act.
Æ
HR 1870 RFS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fallon Rail Freight
Loading Facility Transfer Act’’.
SEC. 2. CONVEYANCE TO THE CITY OF FALLON, NEVADA.
(a) CONVEYANCE.—
(1) IN GENERAL.—Subject to subsections (b)
and (c), the Secretary of the Interior shall convey to
the city of Fallon, Nevada, all right, title, and inter-
est of the United States in and to approximately 6.3
acres of real property in the Newlands Reclamation
Project, Nevada, generally known as ‘‘380 North
Taylor Street, Fallon, Nevada’’, and identified for
disposition on the map entitled ‘‘Fallon Rail Freight
Loading Facility’’.
(2) MAP.—The map referred to in paragraph
(1) shall be on file and available for public inspec-
tion in—
(A) the offices of the Commissioner of the
Bureau of Reclamation; and
(B) the offices of the Area Manager of the
Bureau of Reclamation, Carson City, Nevada.
(b) CONSIDERATION.—
(1) IN GENERAL.—The Secretary shall require
that, as consideration for the conveyance under sub-
section (a), the city of Fallon, Nevada, shall pay to
HR 1870 RFS
the United States an amount equal to the fair mar-
ket value of the real property, as determined—
(A) by an appraisal of the real property,
conducted not later than 60 days after the date
of enactment of this Act by an independent ap-
praiser approved by the Commissioner of Rec-
lamation and paid for by the city of Fallon, Ne-
vada; and
(B) without taking into consideration the
value of any structures or improvements on the
property.
(2) CREDIT OF PROCEEDS.—The amount paid
to the United States under paragraph (1) shall be
credited, in accordance with section 204(c) of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 485(c)), to the appropriate fund in
the Treasury relating to the Newlands Reclamation
Project, Nevada.
(c) LIABILITY.—The conveyance under subsection (a)
shall not occur until such data as the Commissioner of
Reclamation certifies that all liability issues relating to the
HR 1870 RFS
property (including issues of environmental liability) have
been resolved.
Passed the House of Representatives March 6,
2002.
Attest:
JEFF TRANDAHL,
Clerk.
equal to the average annual quantity of milk pro-
duced and marketed from the farm for commercial
use, determined using the production and marketing
records for the previous two calendar years. After
the first year in which payments are made under
this section to producers on a farm, the base produc-
tion history for the farm for each subsequent year
shall be adjusted by the percentage change in the
demand adjustment factor for the previous year.
(2) NEW PRODUCERS.—In the case of a farm
that does not have a production history for the pre-
vious two calendar years, the Secretary shall estab-
lish an appropriate production base for the farm
based on the size of the dairy operation.
(e) DEMAND ADJUSTMENT FACTOR.—The demand
adjustment factor applicable to a farm for a calendar year
is the amount equal to the product of—
(1) the base production history in effect for the
farm; and
(2) the percentage change in the estimated
United States consumption of milk and dairy prod-
ucts on a per-capita basis and the percentage change
in the population of the United States during the
previous calendar year, as determined by the Sec-
retary.
II
Calendar No. 588
107TH CONGRESS
2D SESSION
H. R. 1870
[Report No. 107–271]
IN THE SENATE OF THE UNITED STATES
MARCH 7, 2002
Received; read twice and referred to the Committee on Energy and Natural
Resources
SEPTEMBER 11, 2002
Reported by Mr. BINGAMAN, without amendment
AN ACT
To provide for the sale of certain real property within the
Newlands Project in Nevada, to the city of Fallon, Nevada.
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 ‘‘Fallon Rail Freight
Loading Facility Transfer Act’’.
SEC. 2. CONVEYANCE TO THE CITY OF FALLON, NEVADA.
(a) CONVEYANCE.—
HR 1870 RS
(1) IN GENERAL.—Subject to subsections (b)
and (c), the Secretary of the Interior shall convey to
the city of Fallon, Nevada, all right, title, and inter-
est of the United States in and to approximately 6.3
acres of real property in the Newlands Reclamation
Project, Nevada, generally known as ‘‘380 North
Taylor Street, Fallon, Nevada’’, and identified for
disposition on the map entitled ‘‘Fallon Rail Freight
Loading Facility’’.
(2) MAP.—The map referred to in paragraph
(1) shall be on file and available for public inspec-
tion in—
(A) the offices of the Commissioner of the
Bureau of Reclamation; and
(B) the offices of the Area Manager of the
Bureau of Reclamation, Carson City, Nevada.
(b) CONSIDERATION.—
(1) IN GENERAL.—The Secretary shall require
that, as consideration for the conveyance under sub-
section (a), the city of Fallon, Nevada, shall pay to
the United States an amount equal to the fair mar-
ket value of the real property, as determined—
(A) by an appraisal of the real property,
conducted not later than 60 days after the date
of enactment of this Act by an independent ap-
HR 1870 RS
praiser approved by the Commissioner of Rec-
lamation and paid for by the city of Fallon, Ne-
vada; and
(B) without taking into consideration the
value of any structures or improvements on the
property.
(2) CREDIT OF PROCEEDS.—The amount paid
to the United States under paragraph (1) shall be
credited, in accordance with section 204(c) of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 485(c)), to the appropriate fund in
the Treasury relating to the Newlands Reclamation
Project, Nevada.
(c) LIABILITY.—The conveyance under subsection (a)
shall not occur until such data as the Commissioner of
Reclamation certifies that all liability issues relating to the
property (including issues of environmental liability) have
been resolved.
Passed the House of Representatives March 6,
2002.
Attest:
JEFF TRANDAHL,
Clerk.
Calendar No. 588
107TH CONGRESS
2D SESSION
H. R. 1870
[Report No. 107–271]
AN ACT
To provide for the sale of certain real property
within the Newlands Project in Nevada, to the
city of Fallon, Nevada.
SEPTEMBER 11, 2002
Reported without amendment
I
107TH CONGRESS
1ST SESSION
H. R. 1871
To modify certain vesting requirements for Railroad Retirement annuities.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2001
Mr. GREENWOOD introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee on Ways and Means, 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 committee concerned
A BILL
To modify certain vesting requirements for Railroad
Retirement annuities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That, notwithstanding any other provision of law—
(1) an individual who would be eligible for an
annuity under section 2(a) of the Railroad Retire-
ment Act of 1974 except for the failure to complete
10 years of service shall, if that individual has com-
pleted 5 years of service, be eligible for that portion
of an annuity under section 2(a) of that Act as is
computed under section 3(b) of that Act, and
(2) amounts received by an individual by reason
of paragraph (1) shall be treated as distributions
from an individual retirement plan (as defined in
section 7701(a)(37) of the Internal Revenue Code of
1986) of such individual for purposes of section
408(d)(3)(A) 
of 
such 
Code, 
and 
section
408(d)(3)(B) of such Code shall not apply to such
amounts.
Æ