datamatters24/research-document-archive huggingface dataset:
SEC. 2. CREATION OF GENERAL RULES RELATING TO CIVIL
FORFEITURE PROCEEDINGS.
Section 981 of title 18, United States Code, is
amended—
(1) by inserting after subsection (i) the fol-
lowing:
‘‘(j)(1)(A) In any nonjudicial civil forfeiture pro-
ceeding under a civil forfeiture statute, with respect to
which the agency conducting a seizure of property must
give written notice to interested parties, such notice shall
be given as soon as practicable and in no case more than
60 days after the later of the date of the seizure or the
date the identity of the interested party is first known or
discovered by the agency, except that the court may extend
the period for filing a notice for good cause shown.
‘‘(B) A person entitled to written notice in such pro-
ceeding to whom written notice is not given may on motion
void the forfeiture with respect to that person’s interest
in the property, unless the agency shows—
‘‘(i) good cause for the failure to give notice to
that person; or
‘‘(ii) that the person otherwise had actual notice
of the seizure.
‘‘(C) If the government does not provide notice of a
seizure of property in accordance with subparagraph (A),
forfeiture proceedings will cause substantial hard-
ship to the claimant, such as preventing the func-
tioning of a business, preventing an individual from
working, or leaving an individual homeless; and
‘‘(C) the claimant’s likely hardship from the
continued possession by the United States Govern-
ment of the seized property outweighs the risk that
the property will be destroyed, damaged, lost, con-
cealed, or transferred if it is returned to the claim-
ant during the pendency of the proceeding.
‘‘(2) A claimant seeking release of property under
this subsection must request possession of the property
from the appropriate official, and the request must set
forth the basis on which the requirements of paragraph
(1) are met.
‘‘(3) If within 10 days after the date of the request
the property has not been released, the claimant may file
a motion or complaint in any district court that would
have jurisdiction of forfeiture proceedings relating to the
property setting forth—
‘‘(A) the basis on which the requirements of
paragraph (1) are met; and
‘‘(B) the steps the claimant has taken to secure
release of the property from the appropriate official.
‘‘(4) If a motion or complaint is filed under para-
graph (3), the district court shall order that the property
be returned to the claimant, pending completion of pro-
ceedings by the United States Government to obtain for-
feiture of the property, if the claimant shows that the re-
quirements of paragraph (1) have been met. The court
may place such conditions on release of the property as
it finds are appropriate to preserve the availability of the
property or its equivalent for forfeiture.
‘‘(5) The district court shall render a decision on a
motion or complaint filed under paragraph (3) no later
than 30 days after the date of the filing, unless such 30-
day limitation is extended by consent of the parties or by
the court for good cause shown.’’; and
(2) by redesignating existing subsection (j) as
subsection (l).
SEC. 3. CONFORMING AMENDMENTS TO TITLE 28, TO
RULES OF PROCEDURE, AND TO THE CON-
TROLLED SUBSTANCES ACT.
(a) USE OF ASSETS FORFEITURE FUND FOR ATTOR-
NEY FEES.—Section 524(c) of title 28, United States
Code, is amended—
(1) by striking out ‘‘law enforcement pur-
poses—’’ in the matter preceding subparagraph (A)
in paragraph (1) and inserting ‘‘purposes—’’;
(2) by redesignating the final 3 subparagraphs
in paragraph (1) as subparagraphs (J), (K), and
(L), respectively;
(3) by inserting after subparagraph (G) of
paragraph (1) the following new subparagraph:
‘‘(H) payment of court-awarded compensation
for representation of claimants pursuant to section
981 of title 18;
‘‘(I) payment of compensation for damages to
property under section 5(b) of the Civil Asset For-
feiture Reform Act;’’; and
(4) by striking out ‘‘(H)’’ in subparagraph (A)
of paragraph (9) and inserting ‘‘(I)’’.
(b) CONTROLLED SUBSTANCES ACT.—Section 518 of
the Controlled Substances Act (21 U.S.C. 888) is re-
pealed.
SEC. 4. COMPENSATION FOR DAMAGE TO SEIZED PROP-
ERTY.
(a) TORT CLAIMS ACT.—Section 2680(c) of title 28,
United States Code, is amended—
(1) by striking ‘‘law-enforcement’’ and inserting
‘‘law enforcement’’; and
(2) by inserting before the period the following:
‘‘, except that the provisions of this chapter and sec-
tion 1346(b) of this title do apply to any claim based
on the destruction, injury, or loss of goods, merchan-
dise, or other property, while in the possession of
any officer of customs or excise or any other law en-
forcement officer, if the property was seized for the
purpose of forfeiture but the interest of the claimant
is not forfeited’’.
(b) DEPARTMENT OF JUSTICE.—
(1) IN GENERAL.—With respect to a claim that
cannot be settled under chapter 171 of title 28,
United States Code, the Attorney General may set-
tle, for not more than $50,000 in any case, a claim
for damage to, or loss of, privately owned property
caused by an investigative or law enforcement officer
(as defined in section 2680(h) of title 28, United
States Code) who is employed by the Department of
Justice acting within the scope of his or her employ-
ment.
(2) LIMITATIONS.—The Attorney General may
not pay a claim under paragraph (1) that—
(A) is presented to the Attorney General
more than 1 year after it occurs; or
(B) is presented by an officer or employee
of the United States Government and arose
within the scope of employment.
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HR 1960 IH
‘‘(B) In determining which local educational agencies
(or consortia) need assistance under this part, the State
educational agency may consider such factors as—
‘‘(i) high rates of alcohol, tobacco, or drug use
among youth;
‘‘(ii) high rates of victimization of youth by vio-
lence and crime;
‘‘(iii) high rates of arrest and adjudication of
youth for violent or drug- or alcohol-related delin-
quency;
‘‘(iv) high rates of bullying, hate-related inci-
dents, racial harassment, sexual harassment, or sex-
ual abuse;
‘‘(v) high rates of referrals of youths to drug
and alcohol abuse treatment and rehabilitation pro-
grams;
‘‘(vi) high rates of referrals of youths to juve-
nile court;
‘‘(vii) high rates of expulsions and suspensions
of students from schools;
‘‘(viii) high rates of reported cases of child
abuse and domestic violence;
‘‘(ix) the extent of illegal gang activity;
‘‘(x) local fiscal capacity to fund such programs
without Federal assistance;
ceeds would have earned at the rate described
in section 1961.
‘‘(3) LIMITATION ON OTHER PAYMENTS.—The
United States shall not be required to disgorge the
value of any intangible benefits nor make any other
payments to the claimant not specifically authorized
by this subsection.’’.
SEC. 6. APPLICABILITY.
(a) IN GENERAL.—Unless otherwise specified in this
Act, the amendments made by this Act apply with respect
to claims, suits, and actions filed on or after the date of
the enactment of this Act.
(b) EXCEPTIONS.—
(1) The standard for the required burden of
proof set forth in section 981 of title 18, United
States Code, as amended by section 2, shall apply in
cases pending on the date of the enactment of this
Act.
(2) The amendment made by section 5 shall
apply to any judgment entered after the date of en-
actment of this Act.
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Union Calendar No. 256
106TH CONGRESS
1ST SESSION
H. R. 1725
[Report No. 106–446]
A BILL
To provide for the conveyance by the Bureau of
Land Management to Douglas County, Oregon,
of a county park and certain adjacent land.
NOVEMBER 4, 1999
Committed to the Committee of the Whole House on the
State 
of 
the 
Union 
and 
ordered 
to 
be
printed
reasonable actions in consultation with a law
enforcement agency to discourage or prevent
the illegal use of the property; and
‘‘(B) in order to do all that can reasonably be
expected, a person is not required to take steps that
the person reasonably believes would be likely to
subject any person (other than the person whose
conduct gave rise to the forfeiture) to physical dan-
ger.
‘‘(8) As used in this subsection:
‘‘(1) The term ‘civil forfeiture statute’ means
any provision of Federal law (other than the Tariff
Act of 1930 or the Internal Revenue Code of 1986)
providing for the forfeiture of property other than as
a sentence imposed upon conviction of a criminal of-
fense.
‘‘(2) The term ‘owner’ means a person with an
ownership interest in the specific property sought to
be forfeited, including a leasehold, lien, mortgage,
recorded security device, or valid assignment of an
ownership interest. Such term does not include—
‘‘(i) a person with only a general unse-
cured interest in, or claim against, the property
or estate of another;
HR 1658 RFS
tion of a criminal offense, except that in cases in-
volving currency, other negotiable instruments, or
the proceeds of an interlocutory sale, the United
States shall disgorge to the claimant any funds
representing—
‘‘(A) interest actually paid to the United
States from the date of seizure or arrest of the
property that resulted from the investment of
the property in an interest-bearing account or
instrument; and
‘‘(B) for any period during which no inter-
est is actually paid, an imputed amount of in-
terest that such currency, instruments, or pro-
ceeds would have earned at the rate described
in section 1961.
‘‘(3) LIMITATION ON OTHER PAYMENTS.—The
United States shall not be required to disgorge the
value of any intangible benefits in a proceeding
under any provision of Federal law (than the Tariff
Act of 1930 or the Internal Revenue Code of 1986)
providing for the forfeiture of property other than as
a sentence imposed upon conviction of a criminal of-
fense nor make any other payments to the claimant
not specifically authorized by this subsection.’’.
HR 1658 RFS
SEC. 5. APPLICABILITY.
(a) IN GENERAL.—Unless otherwise specified in this
Act, the amendments made by this Act apply with respect
to claims, suits, and actions filed on or after the date of
the enactment of this Act.
(b) EXCEPTIONS.—
(1) The standard for the required burden of
proof set forth in section 981 of title 18, United
States Code, as amended by section 2, shall apply in
cases pending on the date of the enactment of this
Act.
(2) The amendment made by section 4 shall
apply to any judgment entered after the date of the
enactment of this Act.
Passed the House of Representatives June 24, 1999.
Attest:
MARTHA C. MORRISON,
Deputy Clerk.
105
HR 5006 RH 
accounts in the Treasury of the United States derived by 
the collection of fees available to the agencies funded by 
this Act, shall be available for obligation or expenditure 
through a reprogramming of funds in excess of $500,000 
or 10 percent, whichever is less, that— 
(1) augments existing programs, projects (in-
cluding construction projects), or activities; 
(2) reduces by 10 percent funding for any exist-
ing program, project, or activity, or numbers of per-
sonnel by 10 percent as approved by Congress; or 
(3) results from any general savings from a re-
duction in personnel which would result in a change 
in existing programs, activities, or projects as ap-
proved by Congress; unless the Appropriations Com-
mittees of both Houses of Congress are notified 15 
days in advance of such reprogramming of funds. 
This Act may be cited as the ‘‘Departments of Labor, 
Health and Human Services, and Education, and Related 
Agencies Appropriations Act, 2005’’.
(1) IN GENERAL.—The Chairman of the Com-
mission may, without regard to the civil service laws
and regulations, appoint and terminate an executive
director and such other additional personnel as may
be necessary to enable the Commission to perform its
duties. The employment and termination of an execu-
tive director shall be subject to confirmation by a ma-
jority of the members of the Commission.
(2) COMPENSATION.—The executive director shall
be compensated at a rate not to exceed the rate pay-
able for level V of the Executive Schedule under sec-
tion 5316 of title 5, United States Code. The Chair-
man may fix the compensation of other personnel
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and Gen-
eral Schedule pay rates, except that the rate of pay
for such personnel may not exceed the rate payable for
level V of the Executive Schedule under section 5316
of such title.
(3) DETAIL OF GOVERNMENT EMPLOYEES.—Any
Federal Government employee, with the approval of
the head of the appropriate Federal agency, may be
detailed to the Commission without reimbursement,
434
HR 1960 IH
‘‘(B) integrate course content relating to meet-
ing the needs of limited English proficient students
into all programs for prospective teachers;
‘‘(C) assign tenured faculty to train teachers to
serve limited English proficient students;
‘‘(D) incorporate State content and perform-
ance standards into the institution’s coursework; and
‘‘(E) expand clinical experiences for partici-
pants.
‘‘(2) Funds under this section may be used to—
‘‘(A) support partnerships with local edu-
cational agencies that include placing participants in
intensive internships in local educational agencies
that serve large numbers of limited English pro-
ficient students;
‘‘(B) restructure higher education course con-
tent, including improving coursework and clinical ex-
periences for all prospective teachers regarding the
needs of limited English proficient students and
preparation for teacher certification tests;
‘‘(C) assist other institutions of higher edu-
cation to improve the quality of professional develop-
ment programs for limited English proficient stu-
dents;
such State for the most recent fiscal year end-
ing before such calendar year.
‘‘(4) 
ALLOCATIONS
TO
CERTAIN
POSSES-
SIONS.—The amount to be allocated under para-
graph (1) to any possession of the United States
other than Puerto Rico shall be the amount which
would have been allocated if all allocations under
paragraph (1) were made on the basis of respective
populations of individuals below the poverty line (as
defined by the Office of Management and Budget).
In making other allocations, the amount to be allo-
cated under paragraph (1) shall be reduced by the
aggregate amount allocated under this paragraph to
possessions of the United States.
‘‘(5) ALLOCATIONS FOR INDIAN SCHOOLS.—In
addition to the amounts otherwise allocated under
this subsection, $200,000,000 for calendar year
2000, and $200,000,000 for calendar year 2001,
shall be allocated by the Secretary of the Interior for
purposes of the construction, rehabilitation, and re-
pair of schools funded by the Bureau of Indian Af-
fairs. In the case of amounts allocated under the
preceding sentence, Indian tribal governments (as
defined in section 7871) shall be treated as qualified
issuers for purposes of this subchapter.
Union Calendar No. 109
106TH CONGRESS
1ST SESSION
H. R. 1659
[Report No. 106–190]
A BILL
To reinforce police training and reestablish police
and community relations, and to create a com-
mission to study and report on the policies and
practices that govern the training, recruitment,
and oversight of police officers, and for other
purposes.
JUNE 18, 1999
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
I
106TH CONGRESS
1ST SESSION
H. R. 165
Prohibiting the manufacture, sale, delivery, or importation of school buses
that do not have seat belts.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. KLECZKA introduced the following bill; which was referred to the
Committee on Commerce
A BILL
Prohibiting the manufacture, sale, delivery, or importation
of school buses that do not have seat belts.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PROHIBITION.
No person shall manufacture, sell, deliver, or import
any school bus, constructed after the effective date of this
Act, for use by a person described in section 2 to provide
transportation service, unless such school bus is equipped
with a seat belt for each passenger riding in such school
bus.
SEC. 2. PERSONS TO WHICH PROHIBITION APPLIES.
The prohibition set forth in section 1 shall apply to—
(1) any school bus, as such term is defined in
section 4221(d)(7)(C) of the Internal Revenue Code
of 1986; and
(2) any Federal, State, or local government en-
tity, school district, or other public or private entity
providing transportation to passengers by school
bus.
SEC. 3. CIVIL PENALTIES; SECRETARY’S AUTHORITY TO
COMPROMISE.
(a) AMOUNT OF PENALTIES.—Whoever violates any
provision of this Act, or any regulation issued thereunder,
shall be subject to a civil penalty not to exceed $1,000
for each such violation. A violation with respect to each
school bus shall constitute a separate violation, except that
the maximum civil penalty shall not exceed $800,000 for
any related series of violations.
(b) COMPROMISE
OF PENALTIES.—Any such civil
penalty may be compromised by the Secretary of Trans-
portation. In determining the amount of such penalty, or
the amount agreed upon in compromise, the appropriate-
ness of such penalty to the size of the business of the per-
son charged and the gravity of the violation shall be con-
sidered.
SEC. 4. EFFECTIVE DATE.
This Act shall take effect 90 days after the date of
its enactment.
Æ
‘‘(1) establish and measure a set of health care,
functional assessments, structure, processes and out-
comes, and quality indicators that are unique to chil-
dren and based on nationally accepted standards or
guidelines of care;
‘‘(2) maintain written protocols consistent with
recognized clinical guidelines or current consensus
on the pediatric field, to be used for purposes of in-
ternal utilization review, with periodic updating and
evaluation by pediatric specialists to determine effec-
tiveness in controlling utilization;
‘‘(3) provide for peer review by health care pro-
fessionals of the structure, processes, and outcomes
related to the provision of health services, including
pediatric review of pediatric cases;
‘‘(4) include in member satisfaction surveys,
questions on child and family satisfaction and expe-
rience of care, including care to children with special
needs;
‘‘(5) monitor and evaluate the continuity of
care with respect to children;
‘‘(6) include pediatric measures that are di-
rected at meeting the needs of children with special
health care needs, including at-risk children and
children with chronic conditions, disabilities and se-
vere illnesses;
‘‘(7) maintain written guidelines to ensure the
availability of medications appropriate to children;
‘‘(8) use focused studies of care received by
children with certain types of chronic conditions and
disabilities and focused studies of specialized services
used by children with chronic conditions and disabil-
ities;
‘‘(9) monitor access to pediatric specialty serv-
ices; and
‘‘(10) monitor child health care professional
satisfaction.
‘‘(c) UTILIZATION REVIEW ACTIVITIES.—
‘‘(1) COMPLIANCE WITH REQUIREMENTS.—
‘‘(A) IN GENERAL.—A group health plan
that covers children, and a health insurance
issuer that offers health insurance coverage for
children, shall conduct utilization review activi-
ties in connection with the provision of such
coverage only in accordance with a utilization
review program that meets at a minimum the
requirements of this subsection.
‘‘(B) DEFINITIONS.—In this subsection:
(A) in subsection (a), by striking ‘‘sub-
section (b), nothing in this part’’ and inserting
‘‘subsections (b) and (c)’’, and
(B) by adding at the end the following new
subsection:
‘‘(c) SPECIAL RULES
IN CASE
OF CHILDREN’S
HEALTH ACCOUNTABILITY REQUIREMENTS.—Subject to
subsection (b), the provisions of section 2753 and part C,
and part D insofar as it applies to section 2753 or part
C, shall not prevent a State from establishing require-
ments relating to the subject matter of such provisions
so long as such requirements are at least as stringent on
health insurance issuers as the requirements imposed
under such section.’’.
SEC. 3. AMENDMENTS TO THE EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974.
(a) IN GENERAL.—Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security
Act of 1974 is amended by adding at the end the fol-
lowing:
‘‘SEC. 714. CHILDREN’S HEALTH ACCOUNTABILITY STAND-
ARDS.
‘‘(a) IN GENERAL.—Subject to subsection (b), the
provisions of part C of title XXVII of the Public Health
Service Act shall apply under this subpart and part to a
‘‘PART C—CHILDREN’S HEALTH PROTECTION
STANDARDS
‘‘SEC. 2770. ACCESS TO CARE.
‘‘(a) ACCESS TO APPROPRIATE PRIMARY CARE PRO-
VIDERS.—
‘‘(1) IN GENERAL.—If a group health plan, or
a health insurance issuer, in connection with the
provision of health insurance coverage, requires or
provides for an enrollee to designate a participating
primary care provider for a child of such enrollee—
‘‘(A) the plan or issuer shall permit the en-
rollee to designate a physician who specializes
in pediatrics as the child’s primary care pro-
vider; and
‘‘(B) if such an enrollee has not designated
such a provider for the child, the plan or issuer
shall consider appropriate pediatric expertise in
mandatorily assigning such an enrollee to a pri-
mary care provider.
‘‘(2) CONSTRUCTION.—Nothing in paragraph
(1) shall waive any requirements of coverage relating
to medical necessity or appropriateness with respect
to coverage of services.
‘‘(b) ACCESS TO PEDIATRIC SPECIALTY SERVICES.—
‘‘(iv) how the State will establish and
carry out a specialized program of training
under section 134(f); and’’.
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