In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Healthy Local Policies for Schools 
Act of 2010'' or the ``HELP Schools Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) childhood obesity increased threefold among children 
        and adolescents in the 30 years preceding the date of enactment 
        of this Act;
            (2) about 12,000,000 children and adolescents ages 2 to 19 
        are considered obese;
            (3) obesity-related diseases cost the United States economy 
        more than $147,000,000,000 every year;
            (4) both low levels of physical activity and an increase in 
        caloric intake have contributed to the unprecedented epidemic 
        of childhood obesity;
            (5) overweight adolescents have a 70 to 80 percent chance 
        of becoming overweight adults, increasing the risk for chronic 
        disease, disability, and death;
            (6) children and adolescents are--
                    (A) not meeting dietary recommendations;
                    (B) underconsuming important food groups and 
                nutrients needed for growth and development; and
                    (C) overconsuming saturated fat, trans fat, sodium, 
                and added sugars;
            (7) nutrition education and promotion helps foster a school 
        environment that--
                    (A) supports healthy eating;
                    (B) helps initiate and sustain healthy eating 
                behaviors;
                    (C) increases acceptance and consumption of healthy 
                school meals;
                    (D) increases participation in school meal 
                programs;
                    (E) enhances school meal quality; and
                    (F) supports development and implementation of 
                local wellness policies;
            (8) nutrition education and promotion is a critical 
        component of most major health promotion and disease prevention 
        programs;
            (9) research shows that school-based nutrition programs and 
        services both improve health and contribute to the academic 
        achievement of school children;
            (10) research shows that fit children achieve more 
        academically and have better school attendance and fewer 
        disciplinary problems;
            (11) a comprehensive study of local wellness policies 
        across the United States found that--
                    (A) many policies were underdeveloped and 
                fragmented; and
                    (B) the vast majority of students were enrolled in 
                a school district that did not--
                            (i) require evaluation of the 
                        implementation or effectiveness of the wellness 
                        policy of the district; or
                            (ii) include any provisions for reviewing 
                        and revising the wellness policy;
            (12) the same study reported that between 5 and 6 percent 
        of students were enrolled in a school district that had 
        identified a potential source of funding to support 
        implementation of the wellness policy of the district;
            (13) the nutrition education and promotion initiatives for 
        school children in effect as of the date of enactment of this 
        Act lack coordination, funding, and sustainability;
            (14) the Physical Activity Guidelines for Americans of the 
        Department of Health and Human Services recommend that children 
        engage in at least 60 minutes of physical activity on most, and 
        preferably all, days of the week;
            (15) children spend many waking hours at school and 
        therefore need to be active during the school day to meet the 
        recommendations of the Physical Activity Guidelines for 
        Americans; and
            (16) as of the date of enactment of this Act--
                    (A) only 3.8 percent of elementary schools, 7.9 
                percent of middle schools, and 2.1 percent of high 
                schools provide daily physical education or the 
                equivalent for the entire school year; and
                    (B) 22 percent of schools do not require students 
                to take any physical education at all.

SEC. 3. LOCAL WELLNESS POLICIES.

    Section 5 of the Richard B. Russell National School Lunch Act (42 
U.S.C. 1754) is amended to read as follows:

``SEC. 5. LOCAL WELLNESS POLICIES.

    ``(a) Definitions.--In this section:
            ``(1) Extended school day.--The term `extended school day' 
        means--
                    ``(A) the official school day; and
                    ``(B) the time before and after the official school 
                day during which events or activities are primarily 
                under the control of the school or a third party on 
                behalf of the school.
            ``(2) Local wellness policy.--The term `local wellness 
        policy' means a nutrition and physical activity wellness policy 
        of a local educational agency established under section 204 of 
        the Child Nutrition and WIC Reauthorization Act of 2004 (42 
        U.S.C. 1751 note; Public Law 108-265).
    ``(b) Requirements.--Not later than the first day of the school 
year beginning 1 year after the date of enactment of the HELP Schools 
Act of 2010, each local educational agency participating in a program 
authorized by this Act or the Child Nutrition Act of 1966 (42 U.S.C. 
1771 et seq.) shall strengthen the local school wellness policy of the 
local educational agency by ensuring, at a minimum, that the policy--
            ``(1) includes goals for nutrition promotion and education, 
        physical education, physical activity, food marketing and 
        advertising on the school campus, and other school-based 
        activities designed to promote participation in child nutrition 
        programs and student wellness through the extended school day, 
        in a manner that the local educational agency determines to be 
        appropriate;
            ``(2) includes an implementation plan to achieve the goals 
        of the local wellness policy;
            ``(3) ensures that guidelines for reimbursable school meals 
        are not less restrictive than regulations and guidance issued 
        by the Secretary pursuant to subsections (a) and (b) of section 
        10 of the Child Nutrition Act of 1966 (42 U.S.C. 1779) and 
        sections 9(f)(1) and 17(a) of this Act, as those regulations 
        and guidance apply to schools;
            ``(4) ensures that nutritional guidelines for foods and 
        beverages sold in schools that are not part of reimbursable 
        school meals are in compliance with the standards established 
        by the Secretary; and
            ``(5) includes a plan for measuring implementation of the 
        local wellness policy, including the designation of a local 
        wellness policy committee under subsection (d).
    ``(c) Transparency.--
            ``(1) In general.--In carrying out this section, each local 
        educational agency shall make readily available and widely 
        disseminate to relevant stakeholders--
                    ``(A) the local wellness policy of the local 
                education agency, including the implementation plan 
                described in subsection (b)(5);
                    ``(B) any assessments of the implementation of the 
                local wellness policy;
                    ``(C) any updates to the local wellness policy; and
                    ``(D) appropriate local and State contact 
                information.
            ``(2) Availability requirement.--Not later than the first 
        day of the school year following the date of enactment of the 
        HELP Schools Act of 2010, each local educational agency shall 
        make readily available the policy and plan described in 
        paragraph (1)(A).
            ``(3) Assessment of implementation.--
                    ``(A) Assessment of implementation.--Not later than 
                2 years after the date of enactment of the HELP Schools 
                Act of 2010, and every 3 years thereafter, each local 
                educational agency shall complete and make readily 
                available the results of an assessment of the 
                implementation of the local wellness policy of the 
                local educational agency that includes--
                            ``(i) the extent to which schools under the 
                        jurisdiction of the local educational agency 
                        are in compliance with the local wellness 
                        policy of the agency;
                            ``(ii) the extent to which the local 
                        wellness policy of the local educational agency 
                        compares with model local wellness policies 
                        recommended under subsection (e)(2)(A)(ii); and
                            ``(iii)(I) a description of the progress 
                        made in attaining the goals of the local 
                        wellness policy described in subsection (b); 
                        and
                            ``(II) any revisions to the local wellness 
                        policy to more effectively address those goals.
    ``(d) Local Wellness Policy Committee.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of the HELP Schools Act of 2010, each local 
        educational agency shall designate a standing Local Wellness 
        Policy Committee (referred to in this subsection as the 
        `Committee').
            ``(2) Representation.--
                    ``(A) Required representatives.--The Committee of 
                each local educational agency shall be comprised of at 
                least 1 representative from the local educational 
                agency from each of the following categories of 
                stakeholders:
                            ``(i) Principals.
                            ``(ii) Teachers.
                            ``(iii) Parents of students.
                            ``(iv) Students.
                            ``(v) The school food authority.
                            ``(vi) The school board of the local 
                        educational agency.
                            ``(vii) The physical education program.
                            ``(viii) School health professionals, such 
                        as school nurses, school counselors, social 
                        workers, or health education teachers.
                    ``(B) Authorized representatives.--A Committee may 
                also include a registered dietitian, pediatrician, 
                dentist, a representative of the local health 
                department, or other representatives of the local 
                community.
            ``(3) Terms and conditions.--Each local educational agency 
        shall determine the terms and conditions under which each 
        member of the Committee of the local educational agency serves.
            ``(4) Duties.--Duties and responsibilities of each 
        Committee shall include--
                    ``(A) ensuring that the local educational agency 
                served by the Committee meets the requirements 
                described in this section;
                    ``(B) fostering integration of the local wellness 
                policy of the local educational agency with existing 
                coordinated school health programs, and other health-
                related activities in the schools and community served 
                by the local educational agency; and
                    ``(C) making Committee proceedings and other 
                pertinent information relating to the activities of the 
                Committee readily available.
    ``(e) Technical Assistance and Outreach.--
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of Education and the Secretary of Health and Human 
        Services, acting through the Centers for Disease Control and 
        Prevention, shall assist in the adoption of effective local 
        wellness policies by local educational agencies in accordance 
        with this section.
            ``(2) Outreach.--In carrying out paragraph (1), the 
        Secretary shall perform outreach to key State and local 
        stakeholders to promote effective local wellness policies and 
        provide technical assistance that--
                    ``(A) includes--
                            ``(i) a hotline, online resources, and 
                        trainings on designing, implementing, 
                        promoting, disseminating, and evaluating local 
                        wellness policies and overcoming barriers to 
                        the adoption of local wellness policies; and
                            ``(ii) model local wellness policies and 
                        best practices recommended by Federal agencies, 
                        State agencies, and nongovernmental 
                        organizations; and
                    ``(B) is for guidance purposes only and not binding 
                or otherwise designed to be mandate to schools, local 
                educational agencies, school food authorities, or State 
                child nutrition programs.
            ``(3) Funding.--
                    ``(A) In general.--On October 1, 2010, and on each 
                October 1 thereafter through October 1, 2014, out of 
                any funds in the Treasury not otherwise appropriated, 
                the Secretary of the Treasury shall transfer to the 
                Secretary to carry out this paragraph $1,000,000, to 
                remain available until expended.
                    ``(B) Receipt and acceptance.--The Secretary shall 
                be entitled to receive, shall accept, and shall use to 
                carry out this paragraph the funds transferred under 
                subparagraph (A), without further appropriation. 
    ``(f) Study and Report.--
            ``(1) In general.--The Secretary, in conjunction with the 
        Director of the Centers for Disease Control and Prevention, 
        shall prepare a report on the implementation, strength, and 
        effectiveness of the local wellness policies carried out in 
        accordance with this section.
            ``(2) Study of local wellness policies.--The study 
        described in paragraph (1) shall include--
                    ``(A) an analysis of the strengths and weaknesses 
                of local wellness policies and how the policies compare 
                with model local wellness policies recommended under 
                subsection (e)(2)(A)(ii); and
                    ``(B) an assessment of the impact of the local 
                wellness policies in addressing the requirements of 
                subsection (b).
            ``(3) Report.--Not later than January 1, 2014, the 
        Secretary shall submit to the Committee on Agriculture, 
        Nutrition, and Forestry of the Senate and the Committee on 
        Education and Labor of the House of Representatives a report 
        that describes the findings of the study.''.

SEC. 4. REPEAL.

    Section 204 of the Child Nutrition and WIC Reauthorization Act of 
2004 (42 U.S.C. 1751 note; Public Law 108-265) is repealed.

SEC. 5. BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the Senate Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.
Healthy Local Policies for Schools Act of 2010 or HELP Schools Act of 2010 - Amends the Richard B. Russell National School Lunch Act to replace the nutrition promotion program with a program that requires local educational agencies (LEAs) to ensure that their local wellness policies: (1) include goals for nutrition and physical education, physical activity, on-campus food marketing and advertising, and other school-based activities that promote nutrition and wellness throughout the extended school day; (2) include plans for implementing, and measuring the implementation of, such policies; (3) require reimbursable school meals to meet certain nutritional guidelines; and (4) require the nutritional guidelines for nonreimbursable foods and beverages sold in schools to be in compliance with standards established by the Secretary of Agriculture.

Requires each LEA, within two years of this Act's enactment and every three years thereafter, to complete and disseminate an assessment of their local wellness policy.

Directs each LEA to designate a standing Local Wellness Policy Committee made up of education, health, and nutrition stakeholders to foster the integration of a local wellness policy that meets this Act's requirements with other health-related activities in the LEA's schools and community.

Requires the Secretary to: (1) provide technical assistance and outreach to key state and local stakeholders to promote effective local wellness policies; and (2) prepare a report, in conjunction with the Director of the Centers for Disease Control and Prevention (CDC), on the implementation, strength, and effectiveness of local wellness policies.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Keeping Families 
Together Act of 2001''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Restoration of definition of aggravated felony (repeal of 
                            section 321 of IIRIRA).
Sec. 3. Restoration of detention policy.
Sec. 4. Repeal of time stop provisions.
Sec. 5. Repeal of section 101(a)(48).
Sec. 6. Restoration of section 212(c).
Sec. 7. Restoration of judicial review provisions.
Sec. 8. Post-proceeding relief for affected aliens.

SEC. 2. RESTORATION OF DEFINITION OF AGGRAVATED FELONY (REPEAL OF 
              SECTION 321 OF IIRIRA).

    (a) In General.--Effective as if included in the enactment of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104-208), section 321 of such Act is repealed 
and the provisions of law amended by such section are restored as if 
such section had not been enacted.
    (b) Restoration of Rights.--Any alien whose legal permanent 
resident status, application for permanent residence, or application 
for cancellation of removal, was affected by the changes in the 
definition of ``aggravated felony'' made by such section 321 may apply 
to the Attorney General to be considered for adjustment of status or 
cancellation of removal in conformance with the provisions of section 
101(a)(43) of the Immigration and Nationality Act, as restored by 
subsection (a).

SEC. 3. RESTORATION OF DETENTION POLICY.

    (a) In General.--Section 236(c) of the Immigration and Nationality 
Act (8 U.S.C. 1226(c)) is amended to read as follows:
    ``(c) Detention of Criminal Aliens.--
            ``(1) In general.--The Attorney General shall take into 
        custody any alien convicted of an aggravated felony upon 
        release of the alien (regardless of whether or not such release 
        is on parole, supervised release, or probation, and regardless 
        of the possibility of rearrest or further confinement in 
        respect of the same offense). Notwithstanding subsection (a) or 
        section 241(a) but subject to paragraph (2), the Attorney 
        General shall not release such felon from custody.
            ``(2) Non-release.--The Attorney General may not release 
        from custody any who has been convicted of an aggravated 
        felony, either before or after a determination of removability, 
        unless--
                    ``(A)(i) the alien was lawfully admitted, or
                    ``(ii) the alien was not lawfully admitted but the 
                alien cannot be removed because the designated country 
                of removal will not accept the alien; and
                    ``(B) the alien satisfies the Attorney General that 
                the alien will not pose a danger to the safety of other 
                persons or of property and is likely to appear for any 
                scheduled proceeding.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective as if included in the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996.

SEC. 4. REPEAL OF TIME STOP PROVISIONS.

    (a) In General.--Section 240A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1229b(d)) is repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall be 
effective as if included in the enactment of subtitle A of title III of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 
1996.

SEC. 5. REPEAL OF SECTION 101(A)(48).

    (a) In General.--Paragraph (48) of section 101(a)(48) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)) is repealed.
    (b) Effective Date.--The repeal made by subsection (a) shall take 
effect as if included in the enactment of section 322(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996.

SEC. 6. RESTORATION OF SECTION 212(C).

    (a) In General.--Section 212 of the Immigration and Nationality Act 
(8 U.S.C. 1182) is amended by inserting after subsection (b) the 
following new subsection:
    ``(c) Aliens lawfully admitted for permanent residence who 
temporarily proceeded abroad voluntarily and not under an order of 
deportation or removal, and who are returning to a lawful 
unrelinquished domicile of seven consecutive years, may be admitted in 
the discretion of the Attorney General without regard to the provisions 
of subsection (a) (other than paragraphs (3) and (10)(C)). Nothing 
contained in this subsection shall limit the authority of the Attorney 
General to exercise the discretion vested in him under section 211(b). 
The first sentence of this subsection shall not apply to an alien who 
has been convicted of one or more aggravated felonies and has served 
for such felony or felonies a term of imprisonment of at least 5 
years.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
as of April 24, 1996, as if section 440(d) of the Antiterrorism and 
Effective Death Penalty Act of 1996 (Public Law 104-132) and section 
304(b) of Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (division C of Public Law 104-208) had not been enacted.

SEC. 7. RESTORATION OF JUDICIAL REVIEW PROVISIONS.

    (a) In General.--Section 242 of the Immigration and Nationality Act 
(8 U.S.C. 1252) is amended to read as follows:

                 ``judicial review of orders of removal

    ``Sec. 242. (a) The procedure prescribed by, and all the provisions 
of chapter 158 of title 28, United States Code, shall apply to, and 
shall be the sole and exclusive procedure for, the judicial review of 
all final orders of removal heretofore or hereafter made against aliens 
within the United States pursuant to administrative proceedings under 
section 240 of this Act or comparable provisions of any prior Act, 
except that--
            ``(1) a petition for review may be filed not later than 90 
        days after the date of the issuance of the final removal order, 
        or, in the case of an alien convicted of an aggravated felony 
        not later than 30 days after the issuance of such order;
            ``(2) the venue of any petition for review under this 
        section shall be in the judicial circuit in which the 
        administrative proceedings before an immigration judge were 
        conducted in whole or in part, or in the judicial circuit 
        wherein is the residence, as defined in this Act, of the 
        petitioner, but not in more than one circuit;
            ``(3) the action shall be brought against the Immigration 
        and Naturalization Service, as respondent. Service of the 
        petition to review shall be made upon the Attorney General of 
        the United States and upon the official of the Immigration and 
        Naturalization Service in charge of the Service district in 
        which the office of the clerk of the court is located. The 
        service of the petition for review upon such official of the 
        Service shall stay the removal of the alien pending 
        determination of the petition by the court, unless the court 
        otherwise directs or unless the alien is convicted of an 
        aggravated felony, in which case the Service shall not stay the 
        removal of the alien pending determination of the petition of 
        the court unless the court otherwise directs;
            ``(4) except as provided in clause (B) of paragraph (5) of 
        this subsection, the petition shall be determined solely upon 
        the administrative record upon which the removal order is based 
        and the Attorney General's findings of fact, if supported by 
        reasonable, substantial, and probative evidence on the record 
        considered as a whole, shall be conclusive;
            ``(5) whenever any petitioner, who seeks review of an order 
        under this section, claims to be a national of the United 
        States and makes a showing that his claim is not frivolous, the 
        court shall (A) pass upon the issues presented when it appears 
        from the pleadings and affidavits filed by the parties that no 
        genuine issue of material fact is presented; or (B) where a 
        genuine issue of material fact as to the petitioner's 
        nationality is presented, transfer the proceedings to a United 
        States district court for the district where the petitioner has 
        his residence for hearing de novo of the nationality claim and 
        determination as if such proceedings were originally initiated 
        in the district court under the provisions of section 2201 of 
        title 28, United States Code. Any such petitioner shall not be 
        entitled to have such issue determined under section 360(a) of 
        this Act or otherwise;
            ``(6) whenever a petitioner seeks review of an order under 
        this section, any review sought with respect to a motion to 
        reopen or reconsider such an order shall be consolidated with 
        the review of the order;
            ``(7) if the validity of a removal order has not been 
        judicially determined, its validity may be challenged in a 
        criminal proceeding against the alien for violation of 
        subsection (a) or (b) of section 243 of this Act only by 
        separate motion for judicial review before trial. Such motion 
        shall be determined by the court without a jury and before the 
        trial of the general issue. Whenever a claim to United States 
        nationality is made in such motion, and in the opinion of the 
        court, a genuine issue of material fact as to the alien's 
        nationality is presented, the court shall accord him a hearing 
        de novo on the nationality claim and determine that issue as if 
        proceedings had been initiated under the provisions of section 
        2201 of title 28, United States Code. Any such alien shall not 
        be entitled to have such issue determined under section 360(a) 
        of this Act or otherwise. If no such hearing de novo as to 
        nationality is conducted, the determination shall be made 
        solely upon the administrative record upon which the removal 
        order is based and the Attorney General's findings of fact, if 
        supported by reasonable, substantial, and probative evidence on 
        the record considered as a whole, shall be conclusive. If the 
        removal order is held invalid, the court shall dismiss the 
        indictment and the United States shall have the right to appeal 
        to the court of appeals within 30 days. The procedure on such 
        appeals shall be as provided in the Federal rules of criminal 
        procedure. No petition for review under this section may be 
        filed by any alien during the pendency of a criminal proceeding 
        against such alien for violation of subsection (a) or (b) of 
        section 243 of this Act;
            ``(8) nothing in this section shall be construed to require 
        the Attorney General to defer removal of an alien after the 
        issuance of a removal order because of the right of judicial 
        review of the order granted by this section, or to relieve any 
        alien from compliance with subsections (a) and (b) of section 
        243 of this Act. Nothing contained in this section shall be 
        construed to preclude the Attorney General from detaining or 
        continuing to detain an alien or from taking the alien into 
        custody pursuant to section 241 of this Act at any time after 
        the issuance of a removal order;
            ``(9) it shall not be necessary to print the record or any 
        part thereof, or the briefs, and the court shall review the 
        proceedings on a typewritten record and on typewritten briefs; 
        and
            ``(10) any alien held in custody pursuant to an order of 
        removal may obtain judicial review thereof by habeas corpus 
        proceedings.
    ``(b) Notwithstanding the provisions of any other law, any alien 
against whom a final order of removal has been made heretofore or 
hereafter under the provisions of section 235 of this Act or comparable 
provisions of any prior Act may obtain judicial review of such order by 
habeas corpus proceedings and not otherwise.
    ``(c) An order of removal shall not be reviewed by any court if the 
alien has not exhausted the administrative remedies available to the 
alien as of right under the immigration laws and regulations or if the 
alien has departed from the United States after the issuance of the 
order. Every petition for review or for habeas corpus shall state 
whether the validity of the order has been upheld in any prior judicial 
proceeding, and, if so, the nature and date thereof, and the court in 
which such proceeding took place. No petition for review or for habeas 
corpus shall be entertained if the validity of the order has been 
previously determined in any civil or criminal proceeding, unless the 
petition presents grounds which the court finds could not have been 
presented in such prior proceeding, or the court finds that the remedy 
provided by such prior proceeding was inadequate or ineffective to test 
the validity of the order.
    ``(d)(1) A petition for review or for habeas corpus on behalf of an 
alien against whom a final order of removal has been issued pursuant to 
section 238(b) may challenge only--
            ``(A) whether the alien is in fact the alien described in 
        the order;
            ``(B) whether the alien is in fact an alien described in 
        section 238(b)(2);
            ``(C) whether the alien has been convicted of an aggravated 
        felony and such conviction has become final; and
            ``(D) whether the alien was afforded the procedures 
        required by section 238(b)(4).
    ``(2) No court shall have jurisdiction to review any issue other 
than an issue described in paragraph (1).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
determinations pending on or after such date with respect to which--
            (1) a final administrative decision has been not been 
        rendered as of such date; or
            (2) such a decision has been rendered but the period for 
        seeking judicial review of the decision has not expired.

SEC. 8. POST-PROCEEDING RELIEF FOR AFFECTED ALIENS.

    (a) In General.--Notwithstanding section 240(c)(6) of the 
Immigration and Nationality Act (8 U.S.C. 1229a(c)(6)) or any other 
limitation imposed by law on motions to reopen removal proceedings, the 
Attorney General shall establish a process (whether through permitting 
the reopening of a removal proceeding or otherwise) under which an 
alien--
            (1) who is (or was) in removal proceedings before the date 
        of the enactment of this Act (whether or not the alien has been 
        removed as of such date); and
            (2) whose eligibility for cancellation of removal has been 
        established by this Act;
may apply (or reapply) for cancellation of removal under section 
240A(a) of the Immigration and Nationality Act (8 U.S.C. 1229b(a)) as a 
beneficiary of the relief provided under this Act.
    (b) Parole.--The Attorney General should exercise the parole 
authority under section 212(d)(5)(A) of the Immigration and Nationality 
Act (8 U.S.C. 1182(d)(5)(A)) for the purpose of permitting aliens 
removed from the United States to participate in the process 
established under subsection (a).
Keeping Families Together Act of 2001 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Act) to repeal the provision amending the definition of "aggravated felony," and restore provisions of law amended by such provision as if it had not been enacted, including residency-or status-related rights of an affected legal alien. Amends the Immigration and Nationality Act to revise detention of criminal alien provisions, effective as if included in the Act. Repeals, as if included in the Act: (1) certain provisions respecting termination of continuous presence or physical presence in the United States; and (2) the definition of "conviction."Authorizes the Attorney General to admit certain lawfully admitted permanent resident aliens returning to the United States who temporarily proceeded abroad voluntarily and not under an order of deportation or removal, effective as of a specified date, as if certain sections of the Antiterrorism and Effective Death Penalty Act of 1996 and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 had not been enacted. Revises provisions respecting judicial review of removal orders.Requires the Attorney General to establish a post-proceeding removal relief process for affected aliens.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Product Safety Notification and 
Recall Effectiveness Act of 2002''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds the following:
            (1) The Consumer Product Safety Commission conducts 
        approximately 300 recalls of hazardous, dangerous, and 
        defective consumer products each year.
            (2) In developing comprehensive corrective action plans 
        with recalling companies, the Consumer Product Safety 
        Commission staff greatly relies upon the media and retailers to 
        alert consumers to the dangers of unsafe consumer products, 
        because the manufacturers do not generally possess contact 
        information regarding the purchasing consumers. Based upon 
        information received from companies maintaining customer 
        registration lists, such contact information is known for 
        generally less than 7 percent of the total consumer products 
        produced and distributed.
            (3) The Consumer Product Safety Commission staff has found 
        that most consumers do not return purchaser identification 
        cards because of requests for marketing and personal 
        information on the cards, and the likelihood of receiving 
        unsolicited marketing materials.
            (4) The Consumer Product Safety Commission staff has 
        conducted research demonstrating that direct consumer contact 
        is one of the most effective ways of motivating consumer 
        response to a consumer product recall.
            (5) Companies that maintain consumer product purchase data, 
        such as product registration cards, warranty cards, and rebate 
        cards, are able to effectively notify consumers of a consumer 
        product recall.
            (6) The Consumer Product Safety Commission staff has found 
        that a consumer product safety owner card, without marketing 
        questions or requests for personal information, that 
        accompanied products such as small household appliances and 
        juvenile products would increase consumer participation and 
        information necessary for direct notification in consumer 
        product recalls.
            (7) The National Highway Traffic Safety Administration has, 
        since March 1993, required similar simplified, marketing-free 
        product registration cards on child safety seats used in motor 
        vehicles.
    (b) Purpose.--The purpose of this Act is to reduce the number of 
deaths and injuries from defective and hazardous consumer products 
through improved recall effectiveness, by--
            (1) requiring the Consumer Product Safety Commission to 
        promulgate a rule to require manufacturers of juvenile 
        products, small household appliances, and certain other 
        consumer products, to include a simplified product safety owner 
        card with those consumer products at the time of original 
        purchase by consumers, or develop effective electronic 
        registration of the first purchasers of such products, to 
        develop a customer database for the purpose of notifying 
        consumers about recalls of those products; and
            (2) encouraging manufacturers, private labelers, retailers, 
        and others to use creativity and innovation to create and 
        maintain effective methods of notifying consumers in the event 
        of a consumer product recall.

SEC. 3. DEFINITIONS.

    For purposes of this Act:
            (1) Terms defined in consumer product safety act.--The 
        definitions set forth in section 3 of the Consumer Product 
        Safety Act (15 U.S.C. 2052) shall apply to this Act.
            (2) Covered consumer product.--The term ``covered consumer 
        product'' means--
                    (A) a juvenile product;
                    (B) a small household appliance; and
                    (C) such other consumer product as the Commission 
                considers appropriate for achieving the purpose of this 
                Act.
            (3) Juvenile product.--The term ``juvenile product''--
                    (A) means a consumer product intended for use, or 
                that may be reasonably expected to be used, by children 
                under the age of 5 years; and
                    (B) includes--
                            (i) full-size cribs and nonfull-size cribs;
                            (ii) toddler beds;
                            (iii) high chairs, booster chairs, and 
                        hook-on chairs;
                            (iv) bath seats;
                            (v) gates and other enclosures for 
                        confining a child;
                            (vi) playpens;
                            (vii) stationary activity centers;
                            (viii) strollers;
                            (ix) walkers;
                            (x) swings;
                            (xi) child carriers; and
                            (xii) bassinets and cradles.
            (4) Product safety owner card.--The term ``product safety 
        owner card'' means a standardized product identification card 
        supplied with a consumer product by the manufacturer of the 
        product, at the time of original purchase by the first 
        purchaser of such product for purposes other than resale, that 
        only requests that the consumer of such product provide to the 
        manufacturer a minimal level of personal information needed to 
        enable the manufacturer to contact the consumer in the event of 
        a recall of the product.
            (5) Small household appliance.--The term ``small household 
        appliance'' means a consumer product that is a toaster, toaster 
        oven, blender, food processor, coffee maker, or other similar 
        small appliance as provided for in the rule promulgated by the 
        Consumer Product Safety Commission.

SEC. 4. RULE REQUIRING SYSTEM TO PROVIDE NOTICE OF RECALLS OF CERTAIN 
              CONSUMER PRODUCTS.

    (a) In General.--The Commission shall promulgate a rule under 
section 16(b) of the Consumer Product Safety Act (15 U.S.C. 2065(b)) 
that requires that the manufacturer of a covered consumer product shall 
establish and maintain a system for providing notification of recalls 
of such product to consumers of such product.
    (b) Requirement To Create Database.--
            (1) In general.--The rule shall require that the system 
        include use of product safety owner cards, Internet 
        registration, or an alternative method, to create a database of 
        information regarding consumers of covered consumer products, 
        for the sole purpose of notifying such consumers of recalls of 
        such products.
            (2) Use of technology.--Alternative methods specified in 
        the rule may include use of on-line product registration and 
        consumer notification, consumer information data bases, 
        electronic tagging and bar codes, embedded computer chips in 
        consumer products, or other electronic and design strategies to 
        notify consumers about product recalls, that the Commission 
        determines will increase the effectiveness of recalls of 
        covered consumer products.
    (c) Use of Commission Staff Proposal.--In promulgating the rule, 
the Commission shall consider the staff draft for an Advanced Notice of 
Proposed Rulemaking entitled ``Purchaser Owner Card Program'', dated 
June 19, 2001.
    (d) Exclusion of Low-Price Items.--The Commission shall have the 
authority to exclude certain low-cost items from the rule for good 
cause.
    (e) Deadlines.--
            (1) In general.--The Commission--
                    (A) shall issue a proposed rule under this section 
                by not later than 90 days after the date of enactment 
                of this Act; and
                    (B) shall promulgate a final rule under this 
                section by not later than 270 days after the date of 
                enactment of this Act.
            (2) Extension.--The Commission may extend the deadline 
        described in paragraph (1) if the Commission provides timely 
        notice to the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.

Product Safety Notification and Recall Effectiveness Act of 2002 - Directs the Consumer Product Safety Commission to promulgate a rule requiring the manufacturer of specified juvenile products and small household appliances to establish and maintain a product recall notification system for consumers.Requires such system to create a database for the sole purpose of notifying such consumers of product recalls through the use of product safety owner cards (or an alternative method).