datamatters24/research-document-archive huggingface dataset:
I
107TH CONGRESS
1ST SESSION
H. R. 199
To amend rule 26 of the Federal Rules of Civil Procedure to provide for
the confidentiality of a personnel record or personal information of a
law enforcement officer.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mr. SWEENEY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend rule 26 of the Federal Rules of Civil Procedure
to provide for the confidentiality of a personnel record
or personal information of a law enforcement officer.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Law Enforcement Offi-
cers Privacy Protection Act’’.
SEC. 2. AMENDMENTS.
Rule 26 of the Federal Rules of Civil Procedure (28
U.S.C. App.) is amended by inserting after subdivision
(b)(5) the following:
‘‘(6) 
LAW
ENFORCEMENT
PERSONNEL
RECORDS.—
‘‘(A) A party may obtain discovery of law
enforcement personnel records otherwise discov-
erable under subdivision (b)(1) of this rule only
upon a showing by the party seeking discovery
that there exists a reasonable basis, supported
by facts, for contending that the records sought
are necessary and material to an issue involved
in the pending action.
‘‘(B) The court may, in the court’s discre-
tion and after in camera review of such records,
order discovery of such records when the re-
quired showing has been made, subject to a
protective order.
‘‘(C) Notwithstanding subdivision (b)(1) of
this rule, a party may not obtain discovery of
any matter by reason of its relevance with re-
spect to, or its use in leading to the discovery
of admissible evidence as to, the existence of the
reasonable basis referred to in subdivision
(b)(6)(A) of this rule.
‘‘(D) For purposes of this subdivision
(b)(6), the term ‘law enforcement personnel
records’ means documents in the custody of any
public or private entity (including an individual
law enforcement officer) carrying out a law en-
forcement function, or any element of the Fed-
eral Government, a State, or a unit of local gov-
ernment by whose authority that entity carries
out that function, to the extent they contain
any of the following information:
‘‘(i) Information collected or main-
tained for the purpose of evaluating the
performance of a law enforcement officer
with respect to that officer’s continued em-
ployment or promotion.
‘‘(ii) Information collected or main-
tained for the purpose of evaluating a can-
didate for hire as a law enforcement offi-
cer.
‘‘(iii) Information of a personal nature
concerning a law enforcement officer or a
member of that officer’s immediate family.
‘‘(E) For purposes of this subdivision
(b)(6), the term ‘law enforcement officer’ means
an individual involved in crime and juvenile de-
linquency control or reduction, or enforcement
of the laws, including, but not limited to, police,
corrections, probation, parole, and judicial offi-
cers.’’.
SEC. 3. APPLICATION OF AMENDMENT.
The amendment made by this Act shall apply to any
civil action filed after the date of the enactment of this
Act.
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I
107TH CONGRESS
1ST SESSION
H. R. 19
To nullify the effect of certain provisions of various Executive orders.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 3, 2001
Mr. BARR of Georgia introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To nullify the effect of certain provisions of various Executive
orders.
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 ‘‘Terrorist Elimination
Act of 2001’’.
SEC. 2. FINDINGS.
Congress finds that—
(1) past Presidents have issued Executive or-
ders which severely limit the use of the military
when dealing with potential threats against the
United States of America;
(2) these Executive orders limit the swift, sure,
and precise action needed by the United States to
protect our national security;
(3) present strategy allows the military forces
to bomb large targets hoping to eliminate a terrorist
leader, but prevents our country from designing a
limited action which would specifically accomplish
that purpose;
(4) on several occasions the military has been
ordered to use a military strike hoping, in most
cases unsuccessfully, to remove a terrorist leader
who has committed crimes against the United State;
(5) as the threat from terrorism grows, America
must continue to investigate effective ways to com-
bat the menace posed by those who would murder
American citizens simply to make a political point;
and
(6) actions by the United States Government to
remove such persons is a remedy which should be
used sparingly and considered only after all other
reasonable options have failed or are not available;
however, this is an option our country must main-
tain for cases in which international threats cannot
be eliminated by other means.
SEC. 3. NULLIFICATION OF EFFECT OF CERTAIN PROVI-
SIONS OF VARIOUS EXECUTIVE ORDERS.
The following provisions of Executive orders shall
have no further force or effect:
(1) Section 5(g) of Executive Order 11905.
(2) Section 2–305 of Executive Order 12036.
(3) Section 2.11 of Executive Order 12333.
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HR 1 PCS
in English) of reading or language arts of
any student who has attended school in the
United States (not including Puerto Rico)
for 3 or more consecutive school years, ex-
cept if the local educational agency deter-
mines, on a case-by-case individual basis,
that academic assessments in another lan-
guage and form would likely yield more ac-
curate and reliable information on what
such students know and can do, the local
educational agency may assess such stu-
dents in the appropriate language other
than English for 1 additional year;
‘‘(I) include students who have attended
schools in a local educational agency for a full
academic year but have not attended a single
school for a full academic year, except that the
performance of students who have attended
more than one school in the local educational
agency in any academic year shall be used only
in determining the progress of the local edu-
cational agency;
‘‘(J) produce individual student reports to
be provided to parents, which include academic
assessment scores, or other information on the
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HR 1 PCS
fication to parents of each student enrolled
in such school, in a format and, to the ex-
tent practicable, in a language the parents
can understand;
‘‘(vii) specify the responsibilities of
the school, the local educational agency,
and the State educational agency serving
the school under the plan, including the
technical assistance to be provided by the
local educational agency under paragraph
(4);
‘‘(viii) incorporate, as appropriate, ex-
tended learning time for students, such as
before school, after school, during the sum-
mer and extension of the school year; and
‘‘(ix) ensure that a mentoring pro-
gram is available to teachers in the school
who have been in the teaching profession
for 3 years or less, which provides men-
toring to beginning teachers from exem-
plary veteran teachers with expertise in the
same subject matter that the beginning
teachers will be teaching, to the extent
practicable be school-based, and provides
mentors time for activities such as coach-
129
‘‘(A) require the local educational agency
to develop, with parents (and the provider they
have chosen), a statement of specific perform-
ance goals for the student, how the student’s
progress will be measured, and a timetable for
improving achievement;
‘‘(B) provide for the termination of such
contract with a provider that is unable to meet
such goals and timetables; and
‘‘(C) contain provisions with respect to the
making of payments to the provider by the local
educational agency.
‘‘(4) ADDITIONAL LOCAL EDUCATIONAL AGEN-
CY
RESPONSIBILITIES.—Each 
local 
educational
agency subject to this paragraph shall provide an-
nual notice to parents (if feasible, in the parents’
language) of the availability of services under this
paragraph and the eligible providers of those serv-
ices.
‘‘(5) STATE
EDUCATIONAL
AGENCY
RESPON-
SIBILITIES.—Each State educational agency shall—
‘‘(A) consult with local educational agen-
cies and promote maximum participation by
providers to ensure, to the extent practicable,
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HR 1 PCS
subpart with its other programs and activities under
this Act and other Acts, as appropriate;
‘‘(5) contains an agreement that the State—
‘‘(A) shall monitor the progress of students
enrolled in programs and activities receiving as-
sistance under this subpart in attaining English
proficiency and in attaining challenging State
academic content standards and challenging
State student academic achievement standards;
‘‘(B) shall establish standards and bench-
marks for English language development that
are aligned with State academic content and
achievement standards; and
‘‘(C) will ensure that eligible entities com-
ply with section 3104 to annually test children
in English who have been in the United States
for 3 or more consecutive years;
‘‘(6) contains an assurance that the State will
develop high-quality annual assessments to measure
English language proficiency and require eligible en-
tities receiving a subgrant under this subpart annu-
ally to assess the English proficiency of all children
with limited English proficiency participating in a
program funded under this subpart;
317
‘‘(A) IN GENERAL.—If the amount made
available for this subpart for any fiscal year is
not sufficient to pay in full the amounts that
local educational agencies are eligible to receive
under paragraph (1) for such year, the Sec-
retary shall ratably reduce such amounts for
such year.
‘‘(B) ADDITIONAL
AMOUNTS.—If addi-
tional funds become available for making pay-
ments under paragraph (1) for such fiscal year,
payments that were reduced under subpara-
graph (A) shall be increased on the same basis
as such payments were reduced.
‘‘(4) CENSUS DETERMINATION.—
‘‘(A) IN GENERAL.—Each local educational
agency desiring a grant under this section shall
conduct a census not later than December 1 of
each year to determine the number of kinder-
garten through grade 12 students in average
daily attendance at the schools served by the
local educational agency.
‘‘(B) SUBMISSION.—Each local educational
agency shall submit the number described in
subparagraph (A) to the Secretary not later
than March 1 of each year.
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HR 1 PCS
children who are limited English proficient, and
who are proficient in English, including written
and oral communication skills;
‘‘(B) if the eligible entity includes one or
more local educational agencies, each such
agency is complying with section 3103(b) prior
to, and throughout, each school year;
‘‘(C) the eligible entity annually will assess
the English proficiency of all children with lim-
ited English proficiency participating in pro-
grams funded under this subpart;
‘‘(D) the eligible entity has based its pro-
posal on scientifically based reading research
and sound research and theory on teaching lim-
ited English proficient children;
‘‘(E) the eligible entity has described in the
application how students enrolled in the pro-
grams and activities proposed in the application
will be proficient in English after 3 academic
years of enrollment;
‘‘(F) the eligible entity will ensure that
programs will enable children to speak, read,
write, and comprehend the English language
and meet challenging State academic content
‘‘(A) timely information about English lan-
guage instruction programs for limited English
proficient children assisted under this part;
‘‘(B) if a parent or parents of a partici-
pating child so desires, notice of opportunities
for regular meetings for the purpose of formu-
lating and responding to recommendations from
the parent or parents; and
‘‘(C) procedural information for removing
a child from a program for limited English pro-
ficient children.
‘‘(5) BASIS FOR ADMISSION OR EXCLUSION.—
Students shall not be admitted to, or excluded from,
any federally-assisted education program on the
basis of a surname or language-minority status.
‘‘SEC. 1113. ELIGIBLE SCHOOL ATTENDANCE AREAS.
‘‘(a) DETERMINATION.—
‘‘(1) IN GENERAL.—A local educational agency
shall use funds received under this part only in eligi-
ble school attendance areas.
‘‘(2) ELIGIBLE SCHOOL ATTENDANCE AREAS.—
For the purposes of this part—
‘‘(A) the term ‘school attendance area’
means, in relation to a particular school, the
142
parents of participating children a written parental
involvement policy, agreed upon by such parents,
that shall describe the means for carrying out the
requirements of subsections (c) through (f). Parents
shall be notified of the policy in a format, and to the
extent practicable in a language they can under-
stand. Such policy shall be updated periodically to
meet the changing needs of parents and the school.
‘‘(2) SPECIAL RULE.—If the school has a pa-
rental involvement policy that applies to all parents,
such school may amend that policy, if necessary, to
meet the requirements of this subsection.
‘‘(3) AMENDMENT.—If the local educational
agency has a school district-level parental involve-
ment policy that applies to all parents, such agency
may amend that policy, if necessary, to meet the re-
quirements of this subsection.
‘‘(4) PARENTAL COMMENTS.—If the plan under
section 1112 is not satisfactory to the parents of
participating children, the local educational agency
shall submit any parent comments with such plan
when such local educational agency submits the plan
to the State.
‘‘(c) POLICY INVOLVEMENT.—Each school served
under this part shall—
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HR 1 PCS
‘‘(C) the adoption of written procedures for
the receipt and resolution of complaints alleging
violations of law in the administration of such
programs;
‘‘(4) the State will cooperate in carrying out
any evaluation of each such program conducted by
or for the Secretary or other Federal officials;
‘‘(5) the State will use such fiscal control and
fund accounting procedures as will ensure proper
disbursement of, and accounting for, Federal funds
paid to the State under each such program;
‘‘(6) the State will—
‘‘(A) make reports to the Secretary as may
be necessary to enable the Secretary to perform
the Secretary’s duties under each such pro-
gram; and
‘‘(B) maintain such records, provide such
information to the Secretary, and afford access
to the records as the Secretary may find nec-
essary to carry out the Secretary’s duties; and
‘‘(7) before the plan or application was sub-
mitted to the Secretary, the State has afforded a
reasonable opportunity for public comment on the
plan or application and has considered such com-
ment.
318
‘‘(c) DISBURSAL.—The Secretary shall disburse the
funds awarded to a local educational agency under this
section for a fiscal year not later than July 1 of that year.
‘‘(d) SPECIAL RULE.—A local educational agency
that is eligible to receive a grant under this subpart for
a fiscal year shall be ineligible to receive funds for such
fiscal year under subpart 2.
‘‘(e) SUPPLEMENT NOT SUPPLANT.—Funds made
available under this section shall be used to supplement
and not supplant any other Federal, State, or local edu-
cation funds.
‘‘SEC. 1713. ACCOUNTABILITY.
‘‘(a) ACADEMIC ACHIEVEMENT.—
‘‘(1) IN
GENERAL.—Each local educational
agency that uses or receives funds under section
1711 or 1712 for a fiscal year shall administer an
assessment consistent with section 1111.
‘‘(2) SPECIAL
RULE.—Each local educational
agency that uses or receives funds under section
1711 or 1712 shall use the same assessment de-
scribed in paragraph (1) for each year of participa-
tion in the program under such section.
‘‘(b) STATE EDUCATIONAL AGENCY DETERMINATION
REGARDING CONTINUING PARTICIPATION.—Each State
‘‘(2) the Secretary determines on the basis of a
written request from such agency and in accordance
with such criteria as the Secretary establishes, that
approval of that request would further the purposes
of this part.
‘‘(f) ALLOCATIONS.—
‘‘(1) IN GENERAL.—A local educational agency
shall allocate funds received under this part to eligi-
ble school attendance areas or eligible schools, iden-
tified under subsection (b) in rank order on the
basis of the total number of children from low-in-
come families in each area or school.
‘‘(2) SPECIAL RULE.—(A) Except as provided
in subparagraph (B), the per-pupil amount of funds
allocated to each school attendance area or school
under paragraph (1) shall be at least 125 percent of
the per-pupil amount of funds a local educational
agency received for that year under the poverty cri-
teria described by the local educational agency in the
plan submitted under section 1112, except that this
paragraph shall not apply to a local educational
agency that only serves schools in which the percent-
age of such children is 35 percent or greater.
‘‘(B) A local educational agency may reduce the
amount of funds allocated under subparagraph (A)
enrolled in the school are required to take the
academic assessments, consistent with section
612(a)(17)(A) of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1412(a)(17)(A))
and paragraph (4)(G)(ii), on which adequate
yearly progress is based.
‘‘(E) PUBLIC
NOTICE
AND
COMMENT.—
Each State shall ensure that in developing its
plan, it diligently seeks public comment from a
range of institutions and individuals in the
State with an interest in improved student
achievement and that the State makes and will
continue to make a substantial effort to ensure
that information under this part is widely
known and understood by the public, parents,
teachers, and school administrators throughout
the State. Such efforts shall include, at a min-
imum, publication of such information and ex-
planatory text, broadly to the public through
such means as the Internet, the media, and
public agencies.
‘‘(3) STATE
AUTHORITY.—If a State edu-
cational agency provides evidence, which is satisfac-
tory to the Secretary, that neither the State edu-
cational agency nor any other State government offi-
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(iii) in subparagraph (D), by striking 
‘‘(C); and’’ and inserting ‘‘(A); plus’’; and 
(iv) by striking subparagraphs (A), 
(B), and (E) and redesignating subpara-
graphs (C) and (D) as subparagraphs (A) 
and (B), respectively. 
(13) Section 475 (42 U.S.C. 675) is amended 
by adding at the end the following: 
‘‘(8) The term ‘child’ means—
‘‘(A) an individual who has not attained 18 
years of age or the age of majority established 
by the State; and 
‘‘(B) at the option of the State, an indi-
vidual who has not attained 19 years of age and 
is a full-time student in a secondary school (or 
in the equivalent level of vocational or technical 
training), if, before the individual attains 19 
years of age, the individual may reasonably be 
expected to complete the program of such sec-
ondary school (or such training).’’. 
(14) 
Section 
1101(a)(1) 
(42 
U.S.C. 
1301(a)(1)), as amended by section 102(c)(2)(A) of 
this Act, is amended in the last sentence by striking 
‘‘part E’’ and inserting ‘‘parts B and E’’.
(15) Section 1130(b)(1) (42 U.S.C. 1320a–
9(b)(1)) is amended by striking ‘‘427’’ and all that 
follows 
through 
‘‘or 
section’’ 
and 
inserting 
‘‘422(a)(9) or’’. 
(16) Section 1130(c) (42 U.S.C. 1320a–9(c)) is 
amended by striking ‘‘subpart 1 or 2 of’’. 
(17) Section 1130A (42 U.S.C. 1320a–10) is 
repealed. 
(18) Section 104(b)(3) of the Intercountry 
Adoption Act (42 U.S.C. 14914(b)(3)) is amended 
by 
striking 
‘‘422(b)(14)’’ 
and 
inserting 
‘‘422(a)(13)’’. 
SEC. 202. CHALLENGE GRANTS. 
(a) IN GENERAL.—Part B of title IV, as added by 
section 201(a) of this Act, is amended by redesignating 
section 430 as section 431 and inserting after section 429 
the following: 
‘‘SEC. 430. CHALLENGE GRANTS TO REWARD EFFORTS TO 
MOVE 
CHILDREN 
SAFELY 
FROM 
FOSTER 
CARE AND PREVENT THE REMOVAL OF CHIL-
DREN FROM THEIR HOMES. 
‘‘(a) IN GENERAL.—A State shall be entitled to re-
ceive from the Secretary a grant for each fiscal year re-
ferred to in subsection (e) for which the State is an eligible 
State.
481
‘‘(1) IN GENERAL.—An eligible Indian student
may not be charged tuition for attendance at a Bu-
reau school or contract or grant school. A student
attending a Bureau school under paragraph (2)(C)
may not be charged tuition for attendance at such
a school.
‘‘(2) ATTENDANCE OF NON-INDIAN STUDENTS
AT BUREAU SCHOOLS.—The Secretary may permit
the attendance at a Bureau school of a student who
is not an eligible Indian student if—
‘‘(A) the Secretary determines that the
student’s attendance will not adversely affect
the school’s program for eligible Indian stu-
dents because of cost, overcrowding, or violation
of standards or accreditation;
‘‘(B) the school board consents;
‘‘(C) the student is a dependent of a Bu-
reau, Indian Health Service, or tribal govern-
ment employee who lives on or near the
schoolsite; or
‘‘(D) a tuition is paid for the student that
is not more than that charged by the nearest
public school district for out-of-district stu-
dents, and shall be in addition to the school’s
allocation under this section.
‘‘(7) such local educational agency will comply
with the other requirements of this part.
‘‘SEC. 1116. ASSESSMENT AND LOCAL EDUCATIONAL AGEN-
CY AND SCHOOL IMPROVEMENT.
‘‘(a) LOCAL REVIEW.—Each local educational agency
receiving funds under this part shall—
‘‘(1) use the State assessments described in the
State plan;
‘‘(2) use any additional measures or indicators
described in the local educational agency’s plan to
review annually the progress of each school served
under this part to determine whether the school is
meeting, or making adequate yearly progress as de-
fined in section 1111(b)(2)(B) toward enabling its
students to meet the State’s student achievement
standards described in the State plan;
‘‘(3) publicize and disseminate to teachers and
other staff, parents, students, and the community,
the results of the annual review under paragraph
(2);
‘‘(4) review the effectiveness of the actions and
activities the schools are carrying out under this
part with respect to parental involvement assisted
under this Act.
‘‘(b) SCHOOL IMPROVEMENT.—