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ant’s employment status, earning ability, financial re-
sources, the willfulness in failing to comply with the res-
titution order, and any other circumstances that may have
a bearing on the defendant’s ability to comply with the
restitution order.
‘‘(l) An order of restitution may be enforced—
‘‘(1) by the United States—
‘‘(A) in the manner provided for the collec-
tion and payment of fines in subchapter B of
chapter 229; or
‘‘(B) in the same manner as a judgment in
a civil action; and
‘‘(2) by a victim named in the order to receive
restitution, in the same manner as a judgment in a
civil action.
‘‘(m) A victim or the offender may petition the court
at any time to modify a restitution order as appropriate
in view of a change in the economic circumstances of the
offender.’’.
(b) PROCEDURE FOR ISSUING ORDER OF RESTITU-
TION.—Section 3664 of title 18, United States Code, is
amended—
(1) by striking subsection (a);
(2) by redesignating subsections (b), (c), (d),
and (e) as subsections (a), (b), (c), and (d);
I 
112TH CONGRESS 
1ST SESSION H. R. 3702 
To clarify that an authorization to use military force, a declaration of war, 
or any similar authority shall not authorize the detention without charge 
or trial of a citizen or lawful permanent resident of the United States 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2011 
Mr. GARAMENDI (for himself, Mr. TONKO, Mr. SCHIFF, Mr. JOHNSON of 
Georgia, Mrs. CAPPS, Mr. HEINRICH, Mr. SHERMAN, Mr. CONYERS, Ms. 
CLARKE of New York, Mr. CARSON of Indiana, Mr. RUSH, Ms. HIRONO, 
Ms. HAHN, and Mr. JACKSON of Illinois) introduced the following bill; 
which was referred to the Committee on the Judiciary 
A BILL 
To clarify that an authorization to use military force, a 
declaration of war, or any similar authority shall not 
authorize the detention without charge or trial of a cit-
izen or lawful permanent resident of the United States 
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 ‘‘Due Process Guar-
antee Act of 2011’’. 
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284
(2) The authorized agency shall access and review
State and Federal records of background check crimes
through the national criminal background check system
and other criminal justice recordkeeping systems and shall
respond promptly to the inquiry.
(b) GUIDELINES.—(1) The Attorney General shall es-
tablish guidelines for State background check procedures
established under subsection (a), including procedures for
carrying out the purposes of this subtitle.
(2) The guidelines established under paragraph (1)
shall require—
(A) that no qualified entity may request a back-
ground check of a provider under subsection (a) un-
less the provider first completes and signs a state-
ment that—
(i) contains the name, address, and date of
birth appearing on a valid identification docu-
ment (as defined by section 1028(d)(1) of title
18, United States Code) of the provider;
(ii) the provider is not under indictment
for, and has not been convicted of, a back-
ground check crime and, if the provider is
under indictment for or has been convicted of
a background check crime, contains a descrip-
SEC. 2. PROHIBITION ON THE INDEFINITE DETENTION OF 
CITIZENS AND LAWFUL PERMANENT RESI-
DENTS. 
Section 4001 of title 18, United States Code, is 
amended— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b)(1) An authorization to use military force, a dec-
laration of war, or any similar authority shall not author-
ize the detention without charge or trial of a citizen or 
lawful permanent resident of the United States appre-
hended in the United States, unless an Act of Congress 
expressly authorizes such detention. 
‘‘(2) Paragraph (1) applies to an authorization to use 
military force, a declaration of war, or any similar author-
ity enacted before, on, or after the date of the enactment 
of the Due Process Guarantee Act of 2011.’’. 
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285
tion of the crime and the particulars of the in-
dictment or conviction;
(iii) notifies the provider that the entity
may request a background check under sub-
section (a);
(iv) notifies the provider of the provider’s
rights under subparagraph (B); and
(v) notifies the provider that prior to the
receipt of the background check the qualified
entity may choose to deny the provider unsuper-
vised access to a child to whom the qualified en-
tity provides child care;
(B) that each State establish procedures under
which a provider who is the subject of a background
check under subsection (a) is entitled—
(i) to obtain a copy of any background
check report and any record that forms the
basis for any such report; and
(ii) to challenge the accuracy and com-
pleteness of any information contained in any
such report or record and obtain a prompt de-
termination from an authorized agency as to
the validity of such challenge;
(C) that an authorized agency to which a quali-
fied entity has provided notice pursuant to sub-
(B) VACANCIES.—A vacancy in the Com-
mission shall be filled in the manner in which 
the original appointment was made. Any mem-
ber appointed to fill a vacancy shall be ap-
pointed for the remainder of that term. 
(3) BASIC PAY.—Members shall serve without 
pay. 
(4) QUORUM.—Five members of the Commis-
sion shall constitute a quorum. 
(5) CHAIRPERSON.—The Chairperson of the 
Commission shall be the Chief Justice of the Su-
preme Court of the United States Virgin Islands or 
the designee of the Chief Justice. The Chairperson 
shall serve as an ex officio member of the Commis-
sion and shall vote only in the case of a tie. 
(6) MEETINGS.—The Commission shall meet at 
the call of the Chairperson. The Commission shall 
meet for the first time not later than 15 days after 
all members have been appointed under this sub-
section. 
(7) 
GOVERNMENT
EMPLOYMENT.—Members 
may not be current government employees, except 
for the member appointed under paragraph (1)(C). 
(d) REPORT; RECOMMENDATIONS.—The Commission 
shall transmit a report to the Governor, the Committee 
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on Natural Resources of the House of Representatives and 
the Committee on Energy and Natural Resources of the 
Senate not later than 60 days after its first meeting. The 
report shall name the Commission’s recommendations for 
candidates for nomination as Chief Financial Officer of 
the Virgin Islands. 
(e) TERMINATION.—The Commission shall terminate 
upon the nomination and confirmation of the Chief Finan-
cial Officer. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act, the following definitions 
apply: 
(1) CHIEF FINANCIAL OFFICER.—In sections 1 
and 2, the term ‘‘Chief Financial Officer’’ means a 
Chief Financial Officer or Acting Chief Financial 
Officer, as the case may be, appointed under section 
1(a). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Virgin Islands Chief Financial Officer 
Search Commission established pursuant to section 
2. 
(3) GOVERNOR.—The term ‘‘Governor’’ means 
the Governor of the Virgin Islands. 
(4) REMOVAL FOR CAUSE.—The term ‘‘removal 
for cause’’ means removal based upon misconduct, 
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failure to meet job requirements, or any grounds 
that a reasonable person would find grounds for dis-
charge. 
Æ 
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I 
112TH CONGRESS 
1ST SESSION H. R. 3708 
To prohibit the Secretary of Labor from issuing a final rule that prevents 
the agricultural employment of minors to detassel. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2011 
Mr. FORTENBERRY (for himself and Mr. TERRY) introduced the following bill; 
which was referred to the Committee on Education and the Workforce 
A BILL 
To prohibit the Secretary of Labor from issuing a final 
rule that prevents the agricultural employment of minors 
to detassel. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RULE PREVENTING THE AGRICULTURAL EM-
PLOYMENT OF MINORS TO DETASSEL PRO-
HIBITED. 
To the extent that the proposed rule entitled ‘‘Child 
Labor Regulations, Orders and Statements of Interpreta-
tion; Child Labor Violations—Civil Money Penalties’’ pub-
lished by the Wage and Hour Division of the Department 
of Labor on September 2, 2011 (76 Fed. Reg. 54836 et 
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seq.) prevents or otherwise effects the agricultural employ-
ment of minors to detassel, rogue, or otherwise engage in 
the production of seed or to engage in related and inci-
dental agricultural employment, the Secretary of Labor 
shall not issue a final rule on, or otherwise implement, 
the proposed rule. 
Æ 
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‘‘(b) NECESSITY
OF CERTIFICATE
OF PROBABLE
CAUSE FOR APPEAL.—In a habeas corpus proceeding in
which the detention complained of arises out of process
issued by a State court, and in a motion proceeding pursu-
ant to section 2255 of title 28, United States Code, an
appeal by the applicant or movant may not proceed unless
a circuit judge issues a certificate of probable cause. If
a request for a certificate of probable cause is addressed
to the court of appeals, it shall be deemed addressed to
the judges thereof and shall be considered by a circuit
judge or judges as the court deems appropriate. If no ex-
press request for a certificate is filed, the notice of appeal
shall be deemed to constitute a request addressed to the
judges of the court of appeals. If an appeal is taken by
a State or the Government or its representative, a certifi-
cate of probable cause is not required.’’.
SEC. 205. SECTION 2254 AMENDMENTS.
Section 2254 of title 28, United States Code, is
amended—
(1) by amending subsection (b) to read as
follows:
‘‘(b) An application for a writ of habeas corpus in
behalf of a person in custody pursuant to the judgment
of a State court shall not be granted unless it appears
that the applicant has exhausted the remedies available
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) POSSIBLE
AFFINITY
SCAM
TAR-
GETING SENIORS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall require each financial institution, and 
each director, officer, employee, or agent of 
such financial institution, to report any 
suspicious transaction relevant to a pos-
sible affinity scam. 
‘‘(ii) DEFINITIONS.—For purposes of 
this subparagraph: 
‘‘(I) AFFINITY SCAM.—The term 
‘affinity scam’ means a transaction in 
which a person trusted by a senior, 
such as a caregiver, relative, guardian, 
‘new friend’, or service provider, 
claims to share similar interests or 
values with the senior, establishes a 
relationship with the senior (either on 
the person’s own initiative or through 
some other method, such as a court- 
appointed guardianship), and then 
uses the relationship to defraud the 
senior. 
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‘‘(II) SENIOR.—The term ‘senior’ 
means an individual who is at least 65 
years of age.’’. 
SEC. 7. EFFECTIVE DATE. 
This Act, and the amendments made by this Act, 
shall take effect after the end of the 6-month period begin-
ning on the date of the enactment of this Act. 
Æ 
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104TH CONGRESS
1ST SESSION
H. R. 2076
AN ACT
Making appropriations for the Departments of Commerce,
Justice, and State, the Judiciary, and related agencies
for the fiscal year ending September 30, 1996, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
113TH CONGRESS 
1ST SESSION H. R. 3521 
AN ACT 
To authorize Department of Veterans Affairs major medical 
facility leases, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
187
test for the imposition or execution of the death penalty
or any other penalty.
(b) DEFINITIONS.—For purposes of this subtitle—
(1) the action of the United States or of a State
includes the action of any legislative, judicial, execu-
tive, administrative, or other agency or instrumental-
ity of the United States or a State, or of any politi-
cal subdivision of the United States or a State;
(2) the term ‘‘State’’ has the meaning given in
section 541 of title 18, United States Code; and
(3) the term ‘‘racial quota or statistical test’’
includes any law, rule, presumption, goal, standard
for establishing a prima facie case, or mandatory or
permissive inference that—
(A) requires or authorizes the imposition
or execution of the death penalty or another
penalty so as to achieve a specified racial pro-
portion relating to offenders, convicts, defend-
ants, arrestees, or victims; or
(B) requires or authorizes the invalidation
of, or bars the execution of, sentences of death
or other penalties based on the failure of a ju-
risdiction to achieve a specified racial propor-
tion relating to offenders, convicts, defendants,
of the applicant. Such procedure shall include a 
written statement, in a form and with such content 
as the Director shall prescribe, that a contractor 
shall ensure, to the maximum extent possible, the 
fair inclusion of women and minorities in the work-
force of the contractor and, as applicable, sub-
contractors. 
(3) TERMINATION.— 
(A) DETERMINATION.—The standards and 
procedures developed and implemented under 
this subsection shall include a procedure for the 
Director to make a determination whether a 
Department contractor, and, as applicable, a 
subcontractor has failed to make a good faith 
effort to include minorities and women in their 
workforce. 
(B) EFFECT OF DETERMINATION.— 
(i) 
RECOMMENDATION
TO
SEC-
RETARY.—Upon a determination described 
in subparagraph (A), the Director shall 
make a recommendation to the Secretary 
that the contract be terminated. 
(ii) ACTION
BY
SECRETARY.—Upon 
receipt of a recommendation under clause 
(i), the Secretary may— 
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(B) the woman business owner directs or 
causes the direction of management, policy, fis-
cal, and operational matters; and 
(C) the woman business owner has the 
ability to perform in the area of specialty or ex-
pertise without reliance on either the finances 
or resources of a firm that is not owned by a 
woman. 
TITLE IV—MISCELLANEOUS 
PROVISIONS 
SEC. 401. REPORTING. 
Within 12 months of the effective date of this Act 
and annually thereafter, the Secretary of the Interior, in 
consultation with the Assistant Secretary for Energy Em-
ployment and Training, shall submit a report to Congress 
on the Department’s compliance with the requirements of 
titles III and IV, including but not limited to specific in-
formation regarding the numbers and types of jobs created 
through the Department of the Interior’s efforts, the re-
sults of the Department’s efforts to enhance the quality 
and efficiency of planning and permitting processes, and 
of any actions taken to increase total production and to 
encourage production early in lease terms. 
Æ 
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I
103D CONGRESS
1ST SESSION
H. R. 2848
To amend the Solid Waste Disposal Act to permit Governors to limit the
disposal of out-of-State solid waste in their States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1993
Mr. SHARP (for himself, Ms. LONG, Mr. MCCLOSKEY, Mr. JACOBS, Mr.
MYERS of Indiana, Mr. VISCLOSKY, Mr. HAMILTON, Mr. BURTON of In-
diana, Mr. ROEMER, Mr. SHUSTER, Mr. CLINGER, Mr. RIDGE, Mr.
MCHALE, Mr. HOLDEN, Mr. BORSKI, Mr. FOGLIETTA, Mr. GREENWOOD,
Mr. WELDON, Mr. KLINK, Mr. GEKAS, Ms. MARGOLIES-MEZVINSKY, Mr.
BLACKWELL, Mr. REGULA, Ms. KAPTUR, Mr. MANN, Mr. HOBSON, Mr.
PORTMAN, Mr. APPLEGATE, Mr. FINGERHUT, and Mr. DICKEY) intro-
duced the following bill; which was referred to the Committee on Energy
and Commerce
A BILL
To amend the Solid Waste Disposal Act to permit Governors
to limit the disposal of out-of-State solid waste in their
States, 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 ‘‘Interstate Transpor-
tation of Municipal Waste Act of 1993’’.
438
(18) ‘‘Pennsylvania Avenue Development Cor-
poration—Public Development’’.
(19) ‘‘Pennsylvania Avenue Development Cor-
poration—Land 
Acquisition 
and 
Development
Fund’’.
(20) ‘‘Smithsonian Institution—Repair and
Restoration of Buildings’’.
(21) ‘‘Smithsonian Institution—Construction’’.
(22) ‘‘Bureau of Land Management’’.
(23) ‘‘Occupational Safety and Health Adminis-
tration—Salaries and Expenses’’.
(24) ‘‘Bureau of Labor Statistics—Salaries and
Expenses’’.
(25) ‘‘United States Travel and Tourism Ad-
ministration—Salaries and Expenses’’.
(26) ‘‘Bureau of the Census’’.
(27) ‘‘Maritime Administration’’.
(28) ‘‘International Trade Administration—Op-
erations and Administration’’.
(29) ‘‘National Institute of Standards and
Technology’’.
(30) ‘‘Appalachian Regional Commission’’.
(31) ‘‘Tennessee Valley Authority—Tennessee
Valley Authority Fund’’.
(32) ‘‘Export Administration’’.
439
(33) ‘‘National Archives and Records Adminis-
tration’’.
(34) ‘‘Bureau of Alcohol, Tobacco and Fire-
arms’’.
(35) ‘‘Department of Energy—Fossil Energy
Research and Development’’.
(36) ‘‘Office of Surface Mining Reclamation
and Enforcement—Abandoned Mine Reclamation
Fund’’.
(37) ‘‘Department of Justice—Legal Activi-
ties’’.
(38) ‘‘Department of Housing and Urban De-
velopment—Management and Administration’’.
(39) ‘‘Corps of Engineers-Civil—Construction,
General’’.
(40) ‘‘Bureau of Reclamation—Construction
Program’’.
(41) ‘‘Department of Energy—General Science
and Research Activities’’.
(42) ‘‘Legal Services Corporation’’.
(43) ‘‘United States Information Agency’’.
(44) ‘‘Forest Service—Forest Research’’.
(45) ‘‘Forest Service—National Forest Sys-
tem’’.
440
(46) ‘‘National Aeronautics and Space Adminis-
tration—Construction of Facilities’’.
(47) ‘‘United States Customs Service’’.
(b) FISCAL YEAR 1992.—Of the funds made avail-
able in appropriations Acts for fiscal year 1992 for each
of the accounts specified in paragraphs (1) through (11)
of subsection (a), there is hereby rescinded 16 percent of
the amount that remains unobligated on the date of the
enactment of this Act.
Æ
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under this paragraph, the Interagency Review
Council shall allow a reasonable period of time
for appropriate Federal, State, and local agen-
cies, and qualified organizations to resume ad-
ministration of Federal programs that are cov-
ered Federal assistance programs included in
the plan.
(e) FINAL REPORT; EXTENSION OF PLANS.—
(1) FINAL REPORT OF LOCAL GOVERNMENT.—
Not later than 45 days after the end of the effective
period of an approved integrated assistance plan of
a local government, or at any time that the local
government determines that the plan has dem-
onstrated its worth and proven to be a superior way
to provide benefits under covered Federal assistance
programs included in the plan, the local government
shall submit to the Interagency Review Council a
final report on its implementation of the plan, in-
cluding a full evaluation of the successes and short-
comings of the plan and the effects of that imple-
mentation on individuals who receive benefits under
those programs.
(2) EXTENSION
OF
PLAN.—The Interagency
Review Council may extend the effective period of an
approved integrated assistance plan for such period
SEC. 47. MUSCLE SHOALS NHA. 
Section 8009(i) of the Omnibus Public Land Manage-
ment Act of 2009 (Public Law 111–11; 123 Stat. 1281) 
is amended to read as follows: 
‘‘(i) FUNDING.—No Federal funds may be used to 
carry out this section.’’. 
SEC. 48. NORTHERN PLAINS NHA. 
Section 8004(h) of the Omnibus Public Land Man-
agement Act of 2009 (Public Law 111–11; 123 Stat. 
1246) is amended to read as follows: 
‘‘(h) FUNDING.—No Federal funds may be used to 
carry out this section.’’. 
SEC. 49. SANGRE DE CHRISTO NHA. 
Section 8001(h) of the Omnibus Public Land Man-
agement Act of 2009 (Public Law 111–11; 123 Stat. 
1229) is amended to read as follows: 
‘‘(h) FUNDING.—No Federal funds may be used to 
carry out this section.’’. 
SEC. 50. SOUTH PARK NHA. 
Section 8003(h) of the Omnibus Public Land Man-
agement Act of 2009 (Public Law 111–11; 123 Stat. 
1240) is amended to read as follows: 
‘‘(h) FUNDING.—No Federal funds may be used to 
carry out this section.’’. 
Æ 
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I
103D CONGRESS
1ST SESSION
H. R. 2849
To provide for a program to be conducted by the Secretary of Defense
relating to Lyme disease.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 3, 1993
Mr. SMITH of New Jersey introduced the following bill; which was referred
to the Committee on Armed Services
A BILL
To provide for a program to be conducted by the Secretary
of Defense relating to Lyme disease.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF DEFENSE LYME DISEASE
PROGRAM.
(a) PROGRAM.—The Secretary of Defense shall carry
out a program relating to Lyme disease. The program
shall be carried out through the Environmental Hygiene
Agency of the Department of the Army. The Secretary
shall provide that information relating to prevention, de-
tection, or treatment of Lyme disease that is developed
under the program and that may be applicable to the gen-
eral public shall be disseminated to appropriate public
health authorities.
(b) FUNDING.—From funds available to the Army for
fiscal year 1994 for research, development, test, and eval-
uation, the sum of $1,000,000 shall be available for the
program under subsection (a), of which $500,000 shall be
for one-time startup costs for equipment, facilities, and
software development and $500,000 shall be for fiscal year
1994 labor and operating expenses.
Æ