dreamproit/uscode huggingface dataset:
42 U.S.C. § 11503 (THE PUBLIC HEALTH AND WELFARE)
§ 11503. Interaction with other Federal programs
(a) Coordination with relocation assistance
The designation of an enterprise zone under section 11501 of this title shall not—
(1) constitute approval of a Federal or federally assisted program or project (within the meaning of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)); or
(2) entitle any person displaced from real property located in such zone to any rights or any benefits under such Act.
(b) Enterprise zones treated as labor surplus areas
Any area that is designated as an enterprise zone under section 11501 of this title shall be treated for all purposes under Federal law as a labor surplus area.
(Pub. L. 100–242, title VII, § 703, Feb. 5, 1988, 101 Stat. 1961.)
heading: References in Text
text: The Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970, referred to in subsec. (a), probably means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Pub. L. 91–646, Jan. 2, 1971, 84 Stat. 1894, as amended, which is classified principally to chapter 61 (§ 4601 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4601 of this title and Tables.
42 U.S.C. § 11505 (THE PUBLIC HEALTH AND WELFARE)
§ 11505. Coordination with CDBG and UDAG programs
It is the policy of the Congress that amounts provided under the community development block grant and urban development action grant programs under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.] shall not be reduced in any fiscal year in which the provisions of this chapter are in effect.
(Pub. L. 100–242, title VII, § 706, Feb. 5, 1988, 101 Stat. 1964.)
heading: References in Text
text: The Housing and Community Development Act of 1974, referred to in text, is Pub. L. 93–383, Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (§ 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
42 U.S.C. § 11601 (THE PUBLIC HEALTH AND WELFARE)
§ 11601. Findings and declarations
(a) Findings
The Congress makes the following findings:
(1) The international abduction or wrongful retention of children is harmful to their well-being.
(2) Persons should not be permitted to obtain custody of children by virtue of their wrongful removal or retention.
(3) International abductions and retentions of children are increasing, and only concerted cooperation pursuant to an international agreement can effectively combat this problem.
(4) The Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980, establishes legal rights and procedures for the prompt return of children who have been wrongfully removed or retained, as well as for securing the exercise of visitation rights. Children who are wrongfully removed or retained within the meaning of the Convention are to be promptly returned unless one of the narrow exceptions set forth in the Convention applies. The Convention provides a sound treaty framework to help resolve the problem of international abduction and retention of children and will deter such wrongful removals and retentions.
(b) Declarations
The Congress makes the following declarations:
(1) It is the purpose of this chapter to establish procedures for the implementation of the Convention in the United States.
(2) The provisions of this chapter are in addition to and not in lieu of the provisions of the Convention.
(3) In enacting this chapter the Congress recognizes—
(A) the international character of the Convention; and
(B) the need for uniform international interpretation of the Convention.
(4) The Convention and this chapter empower courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims.
(Pub. L. 100–300, § 2, Apr. 29, 1988, 102 Stat. 437.)
heading: References in Text
text: This chapter, referred to in subsec. (b), was in the original “this Act” meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
heading: Short Title of 2004 Amendment
text: Pub. L. 108–370, § 1, Oct. 25, 2004, 118 Stat. 1750, provided that: “This Act [amending section 11606 of this title] may be cited as the ‘Prevention of Child Abduction Partnership Act’.”
heading: Short Title
text: Pub. L. 100–300, § 1, Apr. 29, 1988, 102 Stat. 437, provided that: “This Act [enacting this chapter and amending section 663 of this title] may be cited as the ‘International Child Abduction Remedies Act’.”
42 U.S.C. § 11602 (THE PUBLIC HEALTH AND WELFARE)
§ 11602. Definitions
For the purposes of this chapter—
(1) the term “applicant” means any person who, pursuant to the Convention, files an application with the United States Central Authority or a Central Authority of any other party to the Convention for the return of a child alleged to have been wrongfully removed or retained or for arrangements for organizing or securing the effective exercise of rights of access pursuant to the Convention;
(2) the term “Convention” means the Convention on the Civil Aspects of International Child Abduction, done at The Hague on October 25, 1980;
(3) the term “Parent Locator Service” means the service established by the Secretary of Health and Human Services under section 653 of this title;
(4) the term “petitioner” means any person who, in accordance with this chapter, files a petition in court seeking relief under the Convention;
(5) the term “person” includes any individual, institution, or other legal entity or body;
(6) the term “respondent” means any person against whose interests a petition is filed in court, in accordance with this chapter, which seeks relief under the Convention;
(7) the term “rights of access” means visitation rights;
(8) the term “State” means any of the several States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and
(9) the term “United States Central Authority” means the agency of the Federal Government designated by the President under section 11606(a) of this title.
(Pub. L. 100–300, § 3, Apr. 29, 1988, 102 Stat. 437.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 11601 of this title and Tables.
42 U.S.C. § 11604 (THE PUBLIC HEALTH AND WELFARE)
§ 11604. Provisional remedies
(a) Authority of courts
In furtherance of the objectives of article 7(b) and other provisions of the Convention, and subject to the provisions of subsection (b) of this section, any court exercising jurisdiction of an action brought under section 11603(b) of this title may take or cause to be taken measures under Federal or State law, as appropriate, to protect the well-being of the child involved or to prevent the child’s further removal or concealment before the final disposition of the petition.
(b) Limitation on authority
No court exercising jurisdiction of an action brought under section 11603(b) of this title may, under subsection (a) of this section, order a child removed from a person having physical control of the child unless the applicable requirements of State law are satisfied.
(Pub. L. 100–300, § 5, Apr. 29, 1988, 102 Stat. 439.)
42 U.S.C. § 11605 (THE PUBLIC HEALTH AND WELFARE)
§ 11605. Admissibility of documents
With respect to any application to the United States Central Authority, or any petition to a court under section 11603 of this title, which seeks relief under the Convention, or any other documents or information included with such application or petition or provided after such submission which relates to the application or petition, as the case may be, no authentication of such application, petition, document, or information shall be required in order for the application, petition, document, or information to be admissible in court.
(Pub. L. 100–300, § 6, Apr. 29, 1988, 102 Stat. 439.)
42 U.S.C. § 11607 (THE PUBLIC HEALTH AND WELFARE)
§ 11607. Costs and fees
(a) Administrative costs
No department, agency, or instrumentality of the Federal Government or of any State or local government may impose on an applicant any fee in relation to the administrative processing of applications submitted under the Convention.
(b) Costs incurred in civil actions
(1) Petitioners may be required to bear the costs of legal counsel or advisors, court costs incurred in connection with their petitions, and travel costs for the return of the child involved and any accompanying persons, except as provided in paragraphs (2) and (3).
(2) Subject to paragraph (3), legal fees or court costs incurred in connection with an action brought under section 11603 of this title shall be borne by the petitioner unless they are covered by payments from Federal, State, or local legal assistance or other programs.
(3) Any court ordering the return of a child pursuant to an action brought under section 11603 of this title shall order the respondent to pay necessary expenses incurred by or on behalf of the petitioner, including court costs, legal fees, foster home or other care during the course of proceedings in the action, and transportation costs related to the return of the child, unless the respondent establishes that such order would be clearly inappropriate.
(Pub. L. 100–300, § 8, Apr. 29, 1988, 102 Stat. 440.)
42 U.S.C. § 11608a (THE PUBLIC HEALTH AND WELFARE)
§ 11608a. Office of Children’s Issues
(a) Director requirements
The Secretary of State shall fill the position of Director of the Office of Children’s Issues of the Department of State (in this section referred to as the “Office”) with an individual of senior rank who can ensure long-term continuity in the management and policy matters of the Office and has a strong background in consular affairs.
(b) Case officer staffing
Effective April 1, 2000, there shall be assigned to the Office of Children’s Issues of the Department of State a sufficient number of case officers to ensure that the average caseload for each officer does not exceed 75.
(c) Embassy contact
The Secretary of State shall designate in each United States diplomatic mission an employee who shall serve as the point of contact for matters relating to international abductions of children by parents. The Director of the Office shall regularly inform the designated employee of children of United States citizens abducted by parents to that country.
(d) Reports to parents
(1) In general
Except as provided in paragraph (2), beginning 6 months after November 29, 1999, and at least once every 6 months thereafter, the Secretary of State shall report to each parent who has requested assistance regarding an abducted child overseas. Each such report shall include information on the current status of the abducted child’s case and the efforts by the Department of State to resolve the case.
(2) Exception
The requirement in paragraph (1) shall not apply in a case of an abducted child if—
(A) the case has been closed and the Secretary of State has reported the reason the case was closed to the parent who requested assistance; or
(B) the parent seeking assistance requests that such reports not be provided.
(Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title II, § 201], Nov. 29, 1999, 113 Stat. 1536, 1501A–419).
heading: Codification
text: Section was enacted as part of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001, and not as part of the International Child Abduction Remedies Act which comprises this chapter.
42 U.S.C. § 11609 (THE PUBLIC HEALTH AND WELFARE)
§ 11609. Interagency coordinating group
The Secretary of State, the Secretary of Health and Human Services, and the Attorney General shall designate Federal employees and may, from time to time, designate private citizens to serve on an interagency coordinating group to monitor the operation of the Convention and to provide advice on its implementation to the United States Central Authority and other Federal agencies. This group shall meet from time to time at the request of the United States Central Authority. The agency in which the United States Central Authority is located is authorized to reimburse such private citizens for travel and other expenses incurred in participating at meetings of the interagency coordinating group at rates not to exceed those authorized under subchapter I of chapter 57 of title 5 for employees of agencies.
(Pub. L. 100–300, § 10, Apr. 29, 1988, 102 Stat. 441.)
42 U.S.C. § 11610 (THE PUBLIC HEALTH AND WELFARE)
§ 11610. Authorization of appropriations
There are authorized to be appropriated for each fiscal year such sums as may be necessary to carry out the purposes of the Convention and this chapter.
(Pub. L. 100–300, § 12, Apr. 29, 1988, 102 Stat. 442.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act” meaning Pub. L. 100–300, Apr. 29, 1988, 102 Stat. 437, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note under section 11601 of this title and Tables.
42 U.S.C. § 11703 (THE PUBLIC HEALTH AND WELFARE)
§ 11703. Comprehensive health care master plan for Native Hawaiians
(a) Development
The Secretary may make a grant to, or enter into a contract with, Papa Ola Lokahi for the purpose of coordinating, implementing and updating a Native Hawaiian comprehensive health care master plan designed to promote comprehensive health promotion and disease prevention services and to maintain and improve the health status of Native Hawaiians. The master plan shall be based upon an assessment of the health care status and health care needs of Native Hawaiians. To the extent practicable, assessments made as of the date of such grant or contract shall be used by Papa Ola Lokahi, except that any such assessment shall be updated as appropriate.
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary to carry out subsection (a) of this section.
(Pub. L. 100–579, § 4, Oct. 31, 1988, 102 Stat. 2916; Pub. L. 100–690, title II, § 2304, Nov. 18, 1988, 102 Stat. 4223; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
heading: Codification
text: The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
Pub. L. 100–579 and Pub. L. 100–690 enacted substantially identical sections. The text of this section is based on section 1 of Pub. L. 100–579, as subsequently amended.
heading: Amendments
text: 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to Native Hawaiian health centers.
42 U.S.C. § 11704 (THE PUBLIC HEALTH AND WELFARE)
§ 11704. Functions of Papa Ola Lokahi
(a) Responsibility
Papa Ola Lokahi shall be responsible for the—
(1) coordination, implementation, and updating, as appropriate, of the comprehensive health care master plan developed pursuant to section 11703 of this title;
(2) training for the persons described in section 11705(c)(1)(B) of this title;
(3) identification of and research into the diseases that are most prevalent among Native Hawaiians, including behavioral, biomedical, epidemiological, and health services; and
(4) the development of an action plan outlining the contributions that each member organization of Papa Ola Lokahi will make in carrying out the policy of this chapter.
(b) Special project funds
Papa Ola Lokahi is authorized to receive special project funds that may be appropriated for the purpose of research on the health status of Native Hawaiians or for the purpose of addressing the health care needs of Native Hawaiians.
(c) Clearinghouse
Papa Ola Lokahi shall serve as a clearinghouse for:
(1) the collection and maintenance of data associated with the health status of Native Hawaiians;
(2) the identification and research into diseases affecting Native Hawaiians;
(3) the availability of Native Hawaiian project funds, research projects and publications;
(4) the collaboration of research in the area of Native Hawaiian health; and
(5) the timely dissemination of information pertinent to the Native Hawaiian health care systems.
(d) Coordination of programs and services
Papa Ola Lokahi shall, to the maximum extent possible, coordinate and assist the health care programs and services provided to Native Hawaiians.
(e) Technical support
Papa Ola Lokahi shall act as a statewide infrastructure to provide technical support and coordination of training and technical assistance to the Native Hawaiian health care systems.
(f) Relationships with other agencies
Papa Ola Lokahi is authorized to enter into agreements or memoranda of understanding with relevant agencies or organizations that are capable of providing resources or services to the Native Hawaiian health care systems.
(Pub. L. 100–579, § 5, Oct. 31, 1988, 102 Stat. 2919; Pub. L. 100–690, title II, § 2305, Nov. 18, 1988, 102 Stat. 4225; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
heading: Codification
text: The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
Pub. L. 100–579 and Pub. L. 100–690 enacted substantially identical sections. The text of this section is based on section 1 of Pub. L. 100–579, as subsequently amended.
heading: Amendments
text: 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to administrative grant for Papa Ola Lokahi.
42 U.S.C. § 11706 (THE PUBLIC HEALTH AND WELFARE)
§ 11706. Administrative grant for Papa Ola Lokahi
(a) In general
In addition to any other grant or contract under this chapter, the Secretary may make grants to, or enter into contracts with, Papa Ola Lokahi for—
(1) coordination, implementation, and updating (as appropriate) of the comprehensive health care master plan developed pursuant to section 11703 of this title;
(2) training for the persons described in section 11705(c)(1)(B) of this title;
(3) identification of and research into the diseases that are most prevalent among Native Hawaiians, including behavioral, biomedical, epidemiological, and health services;
(4) the development of an action plan outlining the contributions that each member organization of Papa Ola Lokahi will make in carrying out the policy of this chapter;
(5) a clearinghouse function for—
(A) the collection and maintenance of data associated with the health status of Native Hawaiians;
(B) the identification and research into diseases affecting Native Hawaiians; and
(C) the availability of Native Hawaiian project funds, research projects and publications;
(6) the coordination of the health care programs and services provided to Native Hawaiians; and
(7) the administration of special project funds.
(b) Authorization of appropriations
There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a) of this section.
(Pub. L. 100–579, § 7, Oct. 31, 1988, 102 Stat. 2921; Pub. L. 100–690, title II, § 2307, Nov. 18, 1988, 102 Stat. 4227; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.)
heading: Codification
text: Amendment by Pub. L. 111–148 is based on section 202(a) of title II of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148.
The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
Pub. L. 100–579 and Pub. L. 100–690 enacted substantially identical sections. The text of this section is based on section 1 of Pub. L. 100–579, as subsequently amended.
heading: Amendments
text: 2010—Subsec. (b). Pub. L. 111–148, which directed the amendment of section 7(b) of the Native Hawaiian Health Care Act of 1988 by substituting “2019” for “2001”, was executed by making the amendment to this section, which is section 7 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress.
1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to assignment of personnel.
42 U.S.C. § 11708 (THE PUBLIC HEALTH AND WELFARE)
§ 11708. Assignment of personnel
(a) In general
The Secretary is authorized to enter into an agreement with any entity under which the Secretary is authorized to assign personnel of the Department of Health and Human Services with expertise identified by such entity to such entity on detail for the purposes of providing comprehensive health promotion and disease prevention services to Native Hawaiians.
(b) Applicable Federal personnel provisions
Any assignment of personnel made by the Secretary under any agreement entered into under the authority of subsection (a) of this section shall be treated as an assignment of Federal personnel to a local government that is made in accordance with subchapter VI of chapter 33 of title 5.
(Pub. L. 100–579, § 9, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2309, Nov. 18, 1988, 102 Stat. 4229; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.)
heading: Codification
text: The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on “September 12, 1992”, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress.
Pub. L. 100–579 and Pub. L. 100–690 enacted substantially identical sections. The text of this section is based on section 1 of Pub. L. 100–579, as subsequently amended.
heading: Amendments
text: 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to rule of construction.