datamatters24/research-document-archive huggingface dataset:
HR 5169 RFS
‘‘(3) LIMITATIONS.—
‘‘(A) USE OF FUNDS.—Grants under sub-
sections (a)(2) and (a)(3) may not be used for
personnel costs or operation or maintenance of
facilities, equipment, or systems.
‘‘(B) DISCLOSURE OF VULNERABILITY AS-
SESSMENT.—As a condition of applying for or
receiving a grant under this section, the Admin-
istrator may not require an applicant to provide
the Administrator with a copy of a vulnerability
assessment.
‘‘(d) GRANT AMOUNTS.—
‘‘(1) FEDERAL SHARE.—The Federal share of
the cost of activities funded by a grant under sub-
section (a) may not exceed 75 percent.
‘‘(2) MAXIMUM AMOUNT.—The total amount of
grants made under subsections (a)(1) and (a)(2) for
one publicly owned treatment works shall not exceed
$150,000.
‘‘(e) TECHNICAL ASSISTANCE FOR SMALL PUBLICLY
OWNED TREATMENT WORKS.—
‘‘(1) SECURITY
ASSESSMENT
AND
PLANNING
ASSISTANCE.—The Administrator, in coordination
the States, may provide technical guidance and as-
sistance to small publicly owned treatment works on
HR 5169 RFS
conducting a vulnerability assessment and implemen-
tation 
of 
security 
enhancements 
to 
reduce
vulnerabilities identified in a vulnerability assess-
ment. Such assistance may include technical assist-
ance programs, training, and preliminary engineer-
ing evaluations.
‘‘(2) PARTICIPATION BY NONPROFIT ORGANIZA-
TIONS.—The Administrator may make grants to
nonprofit organizations to assist in accomplishing
the purposes of this subsection.
‘‘(3) SMALL
PUBLICLY
OWNED
TREATMENT
WORKS
DEFINED.—In this subsection, the term
‘small publicly owned treatment works’ means a
publicly owned treatment works that services a pop-
ulation of fewer than 20,000 persons.
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated to the Administrator—
‘‘(1) $200,000,000 for making grants under
subsection (a); and
‘‘(2) $15,000,000 for providing technical assist-
ance under subsection (e).
Such sums shall remain available until expended.’’.
HR 5169 RFS
SEC. 3. REFINEMENT OF VULNERABILITY ASSESSMENT
METHODOLOGY 
FOR 
PUBLICLY 
OWNED
TREATMENT WORKS.
(a) GRANTS.—The Administrator of the Environ-
mental Protection Agency may make grants to a nonprofit
organization for the improvement of vulnerability self-as-
sessment methodologies and tools for publicly owned treat-
ment works, including publicly owned treatment works
that are part of a combined public wastewater treatment
and water supply system.
(b) ELIGIBLE ACTIVITIES.—Grants provided under
this section may be used for developing and distributing
vulnerability self-assessment methodology software up-
grades, improving and enhancing critical technical and
user support functions, expanding libraries of information
addressing both threats and countermeasures, and imple-
menting user training initiatives. Such services shall be
provided at no cost to recipients.
(c) AUTHORIZATION OF APPROPRIATIONS.—There is
authorized to be appropriated to carry out this section
$1,000,000 for each of the fiscal years 2003 through
2007. Such sums shall remain available until expended.
Passed the House of Representatives October 7,
2002.
Attest:
JEFF TRANDAHL,
Clerk.
I
107TH CONGRESS
2D SESSION
H. R. 5170
To amend title XVIII of the Social Security Act to require home health
agencies participating in the Medicare Program to conduct criminal back-
ground checks for all applicants for employment as patient care pro-
viders.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 2002
Mr. ANDREWS introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to require
home health agencies participating in the Medicare Pro-
gram to conduct criminal background checks for all ap-
plicants for employment as patient care providers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REQUIRING MEDICARE HOME HEALTH AGEN-
CIES TO CONDUCT CRIMINAL BACKGROUND
CHECKS ON ALL APPLICANTS FOR EMPLOY-
MENT AS PATIENT CARE PROVIDERS.
(a) IN GENERAL.—Section 1891(a) of the Social Se-
curity Act (42 U.S.C. 1395bbb(a)) is amended by adding
at the end the following new paragraph:
‘‘(7) The agency submits to the Attorney Gen-
eral a criminal background request described in sec-
tion 124(a) of the Departments of Commerce, Jus-
tice, and State, the Judiciary and Related Agencies
Appropriations Act, 1999 (as contained in section
101(b) of division A of Public Law 105–277) for
each applicant for employment in a position involved
in direct patient care.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) applies to applications for employment
made on or after 90 days after the date of the enactment
of this Act.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5171
To amend title XVIII of the Social Security Act to require the preparation
of audit reports based upon the financial auditing of Medicare+Choice
organizations and to make such reports available to the public.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 2002
Mr. ANDREWS introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to require
the preparation of audit reports based upon the financial
auditing of Medicare+Choice organizations and to make
such reports available to the public.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PREPARATION AND AVAILABILITY OF AUDIT
REPORTS.
(a) IN GENERAL.—Section 1857(d)(1) of the Social
Security Act (42 U.S.C. 1395w–27(d)(1)) is amended—
(1) by striking ‘‘The Secretary’’ and inserting
the following:
‘‘(A) IN GENERAL.—The Secretary’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) AUDIT REPORTS.—Upon completion
of each audit under subparagraph (A), the Sec-
retary shall prepare and make available an
audit report stating the analysis and conclu-
sions of the Secretary regarding such audit.
Each audit report shall include a detailed sum-
mary of the financial information upon which
the analysis and conclusions of the Secretary
are based, including the data referred to in sub-
paragraph (A). Section 552(b)(4) of title 5,
United States Code, shall not apply to any
audit report prepared under this subpara-
graph.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to any audit completed after the
date of the enactment of this Act.
Æ
per capita share and the interest earned on that share
shall revert to the Community and be deposited into the
Community’s general fund.
(g) SHARES OF LEGALLY INCOMPETENT INDIVID-
UALS.—The Secretary shall deposit the shares of legally
incompetent individuals into supervised IIM accounts.
These IIM accounts shall be administered pursuant to ex-
isting regulations and procedures established by the Sec-
retary.
(h) SHARES OF MINORS.—The Secretary shall de-
posit the shares of minors into supervised IIM accounts.
The provisions contained in section 3(b)(3) of the Indian
Tribal Judgment Funds Use and Distribution Act (25
U.S.C. 1403(b)(3)) shall not apply to the minor’s per cap-
ita shares held by the Secretary under this Act. The Sec-
retary shall hold the minor’s per capita shares in trust
until the minor is 18 years of age. None of the Judgment
Funds or the interest earned on those funds shall be dis-
bursed from the minor’s account until the minor is 18
years of age.
(i) PAYMENT OF ELIGIBLE INDIVIDUALS NOT LIST-
ED ON PAYMENT ROLL.—An individual who is not listed
on the payment roll, but is eligible to receive payment,
may be paid from any residual principal and interest funds
remaining after the Community has made its per capita
‘‘(e) TERMINATION.—This section shall not apply to
taxable years beginning after December 31, 2007.’’.
(b) TECHNICAL AMENDMENTS.—
(1) Paragraph (2) of section 1324(b) of title
31, United States Code, is amended by inserting ‘‘or
from section 35 of such Code’’ before the period at
the end.
(2) The table of sections for subpart C of part
IV of subchapter A of chapter 1 of the Internal Rev-
enue Code of 1986 is amended by striking the item
relating to section 35 and inserting the following
new items:
‘‘Sec. 35. Small business cost of providing health insurance cov-
erage for employees.
‘‘Sec. 36. Overpayment of taxes.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2002.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5175
To designate the facility of the United States Postal Service located at
2001 East Willard Street in Philadelphia, Pennsylvania, as the ‘‘Robert
A. Borski Post Office Building’’.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 2002
Mr. FATTAH (for himself and Mr. BRADY of Pennsylvania) introduced the
following bill; which was referred to the Committee on Government Reform
A BILL
To designate the facility of the United States Postal Service
located at 2001 East Willard Street in Philadelphia,
Pennsylvania, as the ‘‘Robert A. Borski Post Office
Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ROBERT A. BORSKI POST OFFICE BUILDING.
(a) DESIGNATION.—The facility of the United States
Postal Service located at 2001 East Willard Street in
Philadelphia, Pennsylvania, shall be known and designated
as the ‘‘Robert A. Borski Post Office Building’’.
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United
States to the facility referred to in subsection (a) shall
be deemed to be a reference to the Robert A. Borski Post
Office Building.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5179
To amend the provisions of titles 5 and 28, United States Code, relating
to equal access to justice, award of reasonable costs and fees, and
administrative settlement offers, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 2002
Mr. MANZULLO introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Small Busi-
ness, 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 amend the provisions of titles 5 and 28, United States
Code, relating to equal access to justice, award of reason-
able costs and fees, and administrative settlement offers,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Equal Access to Jus-
tice Reform Amendments of 2001’’.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) FINDINGS.—The Congress finds that—
tion complete shall be disbursed to the Community
and deposited into the Community’s general fund.’’.
(2) GENERAL PROVISIONS AMENDMENTS.—The
word ‘‘minors’’ shall be deleted from the third sen-
tence of the first paragraph and the following para-
graph shall be inserted between the first and second
paragraph:
‘‘The provisions contained in section 3(b)(3) of
the Indian Tribal Judgment Funds Use and Dis-
tribution Act (25 U.S.C. 1403(b)(3)) shall not apply
to the remaining minors’ per capita shares held by
the Secretary under this plan, as of the date of the
enactment of the Gila River Indian Community
Judgment Fund Distribution Act of 2002. The Sec-
retary shall hold the minors’ per capita shares in
trust until the minor is 18 years of age. None of the
judgment funds or the interest earned on those
funds shall be disbursed from the minors’ account
until the minor is 18 years of age.’’.
TITLE III—EXPERT ASSISTANCE
LOANS
SEC. 301. WAIVER OF REPAYMENT OF EXPERT ASSISTANCE
LOANS 
TO 
COMMUNITY; 
OGLALA 
SIOUX
TRIBE; PUEBLO OF SANTO DOMINGO; AND
SEMINOLE NATION OF OKLAHOMA.
(a) GILA RIVER INDIAN COMMUNITY.—Notwith-
standing any other provision of law, the balance of all out-
standing expert assistance loans made to the Gila River
Indian Community under the authority of Public Law 88–
168 (77 Stat. 301), and relating to Gila River Indian
Community v. United States (United States Court of Fed-
eral Claims Docket Nos. 228, 236, and its associated sub-
dockets), are canceled and the Secretary of the Interior
shall take such action as may be necessary to document
such cancellation and to release the Gila River Indian
Community from any liability associated with such loans.
(b) OGLALA SIOUX TRIBE.—Notwithstanding any
other provision of law, the balances of all outstanding ex-
pert assistance loans made to the Oglala Sioux Tribe
under the authority of Public Law 88–168 (77 Stat. 301)
and relating to Oglala Sioux Tribe v. United States
(United States Court of Federal Claims Docket No. 117
and its associated subdockets) are canceled and the Sec-
retary of the Interior shall take such action as may be
necessary to document the cancellation and to release the
Oglala Sioux Tribe from any liability associated with those
loans.
(c) SEMINOLE NATION
OF OKLAHOMA.—Notwith-
standing any other provision of law, the balances of all
outstanding expert assistance loans made to the Seminole
Nation of Oklahoma under the authority of Public Law
88–168 (77 Stat. 301), and relating to Seminole Nation
v. United States (United States Court of Federal Claims
Docket No. 247), are canceled and the Secretary of the
Interior shall take such action as may be necessary to doc-
ument the cancellation and to release the Seminole Nation
of Oklahoma from any liability associated with those
loans.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5178
To amend section 507(a) title 11 of the United States Code to increase,
with respect to priority of payment, the aggregate amount of the claims
of employees for compensation and benefits.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 2002
Mr. SHOWS (for himself and Mr. KANJORSKI) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
To amend section 507(a) title 11 of the United States Code
to increase, with respect to priority of payment, the
aggregate amount of the claims of employees for com-
pensation and benefits.
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 ‘‘Fair Treatment of
Compensation in Bankruptcy Act of 2002’’.
SEC. 2. AMENDMENTS.
Paragraphs (3) and (4) of section 507(a) of title 11,
United States Code, are amended by striking ‘‘$4,000’’
and inserting ‘‘$13,500’’.
SEC. 3. APPLICATION OF AMENDMENTS.
The amendments made by section 2 shall apply only
with respect to cases commenced under title 11 of the
United States Code after July 19, 2002.
Æ
or to modify the amounts subject to the ar-
rangement, for such year, and
‘‘(D) immediately before the period for
which an election described in paragraph (3)(A)
may be made, the employer provides a notice to
each employee of the employee’s opportunity to
make the election and the maximum amount
which may be contributed to an individual re-
tirement plan on an annual basis.
‘‘(6) EXCEPTION FOR CERTAIN SMALL EMPLOY-
ERS.—The requirements of this subsection shall not
apply for any calendar year to an employer which
had not more than 10 employees who received at
least $5,000 of compensation from the employer for
the preceding calendar year.
‘‘(7) USE OF DESIGNATED FINANCIAL INSTITU-
TION.—An employer shall not be treated as failing
to satisfy the requirements of this subsection or any
other provision of this title merely because the em-
ployer makes all contributions (or all contributions
on behalf of employees who do not specify an indi-
vidual retirement plan, trustee, or issuer to receive
the contributions) to individual retirement plans of
a designated trustee or issuer. The preceding sen-
tence shall not apply unless each participant is noti-
depicted as Interstate 15 South Corridor on the map 
entitled Clark County Conservation of Public Land 
and Natural Resources Act of 2002 and dated October 
1, 2002, in accordance with the Southern Nevada 
Public Land Management Act of 1998 (112 Stat. 
2343) and this section. 
(2) AVAILABILITY OF MAP.—The map described 
in paragraph (1) shall be on file and available for 
public inspection in the appropriate offices of the Bu-
reau of Land Management. 
(3) MULTIPLE
USE
MANAGEMENT.—Subject to 
any land management designations under the 1998 
Las Vegas District Resource Management Plan or the 
Clark County Multi-Species Conservation Plan, land 
depicted on the map described in paragraph (1) shall 
be managed for multiple use purposes. 
(4) TERMINATION
OF
ADMINISTRATIVE
WITH-
DRAWAL.—The administrative withdrawal of the land 
identified as the Interstate 15 South Corridor on the 
map entitled Clark County Conservation of Public 
Land and Natural Resources Act of 2002 and dated 
October 1, 2002, from mineral entry dated July 23, 
1997, and as amended March 9, 1998, as further 
amended July 2, 2002, is terminated.
‘‘(2) A requirement that the President report annu-
ally on proceedings affecting small business concerns
under this section and under section 2412 of title 28 is
provided in section 303(b) of the Small Business Eco-
nomic Policy Act of 1980 (15 U.S.C. 631b(b)).’’.
(i) APPLICABILITY.—The provisions of this section
and the amendments made by this section shall apply only
to an adversary adjudication initiated, or civil action filed,
on or after the effective date of this Act.
SEC. 5. DEFINITION OF PREVAILING PARTY.
(a) IN GENERAL.—Chapter 1 of title 1, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 8. Definition of ‘prevailing party’
‘‘(a) IN GENERAL.—In determining the meaning of
any Act of Congress, or of any ruling, regulation, or inter-
pretation of the various administrative bureaus and agen-
cies of the United States, or of any judicial or administra-
tive rule, which provides for the recovery of attorneys’
fees, the term ‘prevailing party’ shall include, in addition
to a party who prevails through a judicial or administra-
tive judgment or order, a party whose pursuit of a non-
frivolous claim or defense was a catalyst for a voluntary
or unilateral change in position by the opposing party that
provides any significant part of the relief sought.
‘‘(b) RELATIONSHIP TO OTHER LAWS.—
‘‘(1) SPECIAL CRITERIA FOR PREVAILING DE-
FENDANTS.—If such an Act, ruling, regulation, in-
terpretation, or rule requires a defendant, but not a
plaintiff, to satisfy certain different or additional cri-
teria to qualify for the recovery of attorneys’ fees,
subsection (a) shall not affect the requirement that
such defendant satisfy such criteria.
‘‘(2) SPECIAL CRITERIA UNRELATED TO ‘PRE-
VAILING’.—If such an Act, ruling, regulation, inter-
pretation, or rule requires a party to satisfy certain
criteria, unrelated to whether or not such party has
‘prevailed’, to qualify for the recovery of attorneys’
fees, subsection (a) shall not affect the requirement
that such party satisfy such criteria.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by adding
at the end the following new item:
‘‘8. Definition of ‘prevailing party’.’’.
SEC. 6. EFFECTIVE DATE.
The provisions of this Act and the amendments made
by this Act shall take effect 30 days after the date of the
enactment of this Act.
Æ
I
107TH CONGRESS
1ST SESSION
H. R. 517
To provide for the correct implementation of the Railroad Rehabilitation
and Improvement Financing Program.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 6, 2001
Mr. RAHALL introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To provide for the correct implementation of the Railroad
Rehabilitation and Improvement Financing Program.
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 ‘‘Railroad Rehabilitation
and Improvement Financing Program Correction Act of
2001’’.
SEC. 2. CORRECTED IMPLEMENTATION.
Notwithstanding any other provision of law, rule, reg-
ulation or administrative policy, any direct loan and loan
guarantees made available under section 502 of the Rail-
road Revitalization and Regulatory Reform Act of 1976
shall not be subjected to conditions requiring applicants
for such direct loan and loan guarantees to have previously
been denied financing from any commercial lender or of
any condition requiring pledges of collateral with a recov-
ery value covering 100 percent of the anticipated principal
and accrued interest amount of such direct loan and loan
guarantees.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5180
To direct the Secretary of Agriculture to convey certain real property in
the Dixie National Forest in the State of Utah.
IN THE HOUSE OF REPRESENTATIVES
JULY 23, 2002
Mr. HANSEN introduced the following bill; which was referred to the
Committee on Resources
A BILL
To direct the Secretary of Agriculture to convey certain
real property in the Dixie National Forest in the State
of Utah.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CONVEYANCE OF REAL PROPERTY.
(a) IN GENERAL.—As soon as practicable after the
date of the enactment of this Act, subject to valid, existing
rights, the Secretary of Agriculture shall convey to Kirk
R. Harrison, who owns property in Pinto Valley, Utah,
at fair market value, all right, title, and interest of the
United States in and to the approximately 560 acres gen-
erally depicted as ‘‘Harrison Conveyance’’ on the map en-
titled ‘‘Map A’’ and dated ‘‘July 17, 2002’’.
(b) MAP.—The map referred to in subsection (a)
shall be kept on file and available for public inspection
in the office of the Chief of the Forest Service. The Sec-
retary of Agriculture may make technical corrections to
the map.
(c) TREATMENT OF PROCEEDS.—All funds received
pursuant to this Act shall be deposited in the fund estab-
lished under section 8 of Public Law 90–171 (16 U.S.C.
484a; commonly known as the ‘‘Sisk Act’’) and shall re-
main available to the Secretary of Agriculture until ex-
pended for the acquisition of lands and interests in land
for inclusion in the Dixie National Forest.
(d) APPRAISAL.—The Secretary shall determine the
fair market value of the land conveyed by subsection (a)
by using nationally recognized appraisal standards, includ-
ing, to the extent appropriate—
(1) the uniform appraisal standards for Federal
land acquisitions;
(2) the uniform standards of professional ap-
praisal practice; and
(3) other applicable law.
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