Congressional Bills, Jan. May 2001 A Selection of Proposals

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1 Congressional Bills, Jan. May 2001 A Selection of Proposals Note: These congressional bill proposals have been selected for inclusion here because of their probable interest to the educational community. Subscribers may research these and all other congressional bills by bill number at thomas.loc.gov Courts/Judiciary Senate Action S.32 (Thurmond, R-SC) to amend Title 23, U.S. Code, to clarify the remedial jurisdiction of inferior federal courts, to Judiciary. S98, remarks and text S308, CR 1/22/01. S.57 (Inouye, D-HI) to convert a temporary federal judgeship in the district of Hawaii to a permanent judgeship and authorize an additional permanent judgeship in the district of Hawaii, to Judiciary. S99, CR 1/22/01. S.147 (Feinstein, D-CA) to provide for the appointment of additional federal district judges, to Judiciary. S456, remarks S459, CR 1/23/00. S.273 (Torricelli, D-NJ) to amend Title 28, U.S. Code, to divide New Jersey into two judicial districts, to Judiciary. S1122, remarks and text S1128, CR 2/7/01. S.346 (Murkowski, R-AK) to amend Chapter 3 of Title 28, U.S. Code, to divide the Ninth Judicial Circuit of the United States into two circuits, to Judiciary. S1462, remarks and text S1475, CR 2/15/01. S.412 (Bayh, D-IN) to provide for a temporary federal district judgeship for the southern district of Indiana, to Judiciary. S1699, remarks S1704, CR 2/28/01. Nominations On 3/19/01, the Senate received notification of the withdrawal of the following nominations: Bonnie J. Campbell, of Iowa, to be U.S. Circuit Judge for the Eighth Circuit, James E. Duffy Jr., of Hawaii, and Barry P. Goode, of California, each to be U.S. Circuit Judge for the Ninth Circuit, Roger L. Gregory, of Virginia, and James A. Wynn Jr., of North Carolina, each to be U.S. Circuit Judge for the Fourth Circuit, Kathleen McCree Lewis, of Michigan, and Helene N. White, of Michigan, each to be U.S. Circuit Judge for the Sixth Circuit, Enrique Moreno, of Texas, and H. Alston Johnson III, of Louisiana, each to be U.S. Circuit Judge for the Fifth Circuit. Nominations On 5/9/01, the Senate received the nominations of Barrington D. Parker Jr., of Connecticut, to be U.S. Circuit Judge for the Second Circuit; Terrence W. Boyle, of North Carolina, Dennis W. Shedd, of South Carolina, and Roger L. Gregory, of Virginia, each to be U.S. Circuit Judge for the Fourth Circuit; Edith Brown Clement, of Louisiana, and Priscilla Richman Owen, of Texas, each to be U.S. Circuit Judge for the Fifth Circuit; Deborah L. Cook and Jeffrey S. Sutton, of Ohio, each to be U.S. Circuit Judge for the Sixth Circuit; Michael W. McConnell, of Utah, to be U.S. Circuit Judge for the Tenth Circuit; and Miguel A. Estrada, of Virginia, and John G. Roberts Jr., of Maryland, each to be U.S. Circuit Judge for the District of Columbia. Hearings The Senate Judiciary Committee will hold a confirmation hearing on pending judicial nominations. 10 a.m., 5/16/01, 226 Dirksen. Hearings The Senate Judiciary Committee will hold a confirmation hearing on pending Justice Department and judicial nominations. 10 a.m., 5/23/01, 226 Dirksen. Nominations On 5/17/01, the Senate received the nominations of Sam E. Haddon and Richard F. Cebull, of Montana, each to be U.S. District Judge for the District of Montana. Nominations On 5/21/01, the Senate received the nomination of Sharon Prost, of the District of Columbia, to be U.S. Circuit Judge for the Federal Circuit.

2 Nominations On 5/22/01, the Senate received the nomination of Lavenski R. Smith, of Arkansas, to the U.S. Circuit Judge for the Eighth Circuit. Nominations On 5/23/01, the Senate received the nomination of William J. Riley, of Nebraska, to be U.S. Circuit Judge for the Eighth Circuit. Nominations On 5/25/01, the Senate received the nominations of Charles W. Pickering Sr., of Mississippi, to be U.S. Circuit Judge for the Fifth Circuit, and Timothy M. Tymkovich, of Colorado, to be U.S. Circuit Judge for the Tenth Circuit. House Action H.R.254 (Gilman, R-NY) to provide for the review by Congress of proposed construction of court facilities, to Transportation and Infrastructure. H108, remarks and text E63, CR 1/30/01. H.R.261 (Cunningham, R-CA) to provide for the appointment of additional federal district judges in the southern district of California, to Judiciary. H109, remarks E46, CR 1/30/01. H.R.272 (Gonzalez, D-TX) to provide for the appointment of additional federal district judges, to Judiciary. H109, CR 1/30/01. H.R.409 (Andrews, D-NJ) to amend Title 28, U.S. Code, to divide New Jersey into two judicial districts, to Judiciary. H218, CR 2/7/01. H.R.570 (Biggert, R-IL) to repeal the requirement relating to specific statutory authorization for increases in judicial salaries, to provide for automatic annual increases for judicial salaries, and to provide for a 9.6 percent increase in judicial salaries, to Judiciary. H322, CR 2/13/01. H.R.732 (Andrews, D-NJ) to amend Title 28, U.S. Code, to provide for individuals serving as federal jurors to continue to receive their normal average wage or salary during such service, to Judiciary. H440, CR 2/27/01. H.R.733 (Andrews, D-NJ) to amend the Federal Rules of Evidence to establish a parent-child privilege, to Judiciary. H440, CR 2/27/01. H.R.860 (Sensenbrenner, R-WI) to amend Title 28, U.S. Code, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial, and to provide for federal jurisdiction of certain multiparty, multiforum civil actions, to Judiciary. H647, remarks E280, CR 3/6/01. H.R.889 (Lantos, D-CA) to require that, as a condition of receiving salary, each U.S. district judge must certify that certain cases before the judge have not been pending and undetermined for more than 90 days after being submitted for decision, to Judiciary. H648, CR 3/6/01. Committee Action The House Judiciary Committee will mark up the Multidistrict, Multiparty, Multiforum Trial Jurisdiction Act of a.m., 3/8/01, 2141 Rayburn. Committee Action On 3/8/01, the House Judiciary Committee approved H.R.860, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial, and to provide for federal jurisdiction of certain multiparty, multiforum civil actions. Hearings The Commerce, Justice, State and Judiciary Subcommittee, House Appropriations Committee, will hold a hearing on fiscal 2002 appropriations for the Administrative Office of the U.S. Courts and Judicial Offices. 10 a.m., 3/21/01, H-309 Capitol Building. Floor Action On 3/14/01, the House passed H.R.860, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial, and to provide for federal jurisdiction of certain multiparty, multiforum civil actions. H.R.1203 (Simpson, R-ID) to amend Chapter 3 of Title 28, U.S. Code, to divide the ninth judicial circuit of the United States into two circuits, to Judiciary. H1114, CR 3/22/01.

3 Hearings The Commerce, Justice, State and Judiciary Subcommittee, House Appropriations Committee, will hold a hearing on fiscal year 2002 appropriations for the Supreme Court. 10 a.m., 3/29/01, H-309 Capitol Building. H.R.1737 (Traficant, D-OH) to amend Title 18, U.S. Code, to provide that witnesses at federal grand jury proceedings have the right to the assistance of counsel, to Judiciary. H1924, CR 5/3/01. H.R.1824 (Davis, R-VA) to increase the rate of pay for certain offices and positions within the executive and judicial branches of the government, respectively, to Government Reform, and Judiciary. H2147, CR 5/14/01. Notices On 2/14/01, the Judicial Conference of the United States issued several notices of open meetings of various Advisory Committees. FR Criminal Justice Senate Action S.16 (Daschle, D-SD) to improve law enforcement, crime prevention and victim assistance in the 21 st century, to Judiciary. S97, text S164, remarks S220, CR 1/22/01. S.34 (Thurmond, R-SC) to eliminate a requirement for a unanimous verdict in criminal trials in federal courts, to Judiciary. S98, remarks and text S311, CR 1/22/01. S.156 (Boxer, D-CA) to improve academic and social outcomes for students and reduce both juvenile crime and the risk that youth will become victims of crime by providing productive activities during after school hours, to Health, Education, Labor and Pensions. S456, remarks S482, CR 1/23/01. S.185 (Dorgan, D-ND) to provide incentives to encourage stronger truth in sentencing of violent offenders, to Judiciary. S568, CR 1/25/01. S.191 (Feingold, D-WI) to abolish the death penalty under federal law, to Judiciary. S568, remarks and text, S581, CR 1/25/01. S.194 (Biden, D-DE) to authorize funding for successful reentry of criminal offenders into local communities, to Judiciary. S636, remarks and text S638, CR 1/29/01. S.486 (Leahy, D-VT) to reduce the risk that innocent persons may be executed, to Judiciary. S1971, remarks and text S1999, CR 3/7/01. S.783 (Leahy, D-VT) to enhance the rights of victims in the criminal justice system, to Judiciary. S3994, remarks and text S3998, CR 4/26/01. S.791 (Thurmond, R-SC) to amend the Federal Rules of Criminal Procedure, to Judiciary. S3994, remarks and text S4007, CR 4/26/01. S.800 (Feinstein, D-CA) to provide for post-conviction DNA testing, and to establish a competent counsel grant program, to Judiciary. S4044, remarks S4047, CR 4/30/01. S.842 (Feingold, D-WI) to ensure that the incarceration of inmates is not provided by private contractors or vendors and that persons charged or convicted of an offense against the United States shall be housed in facilities managed and maintained by federal, state or local governments, to Judiciary. S4508, remarks and text S4511, CR 5/8/01. S.887 (Wellstone, D-MN) to amend the Torture Victims Relief Act of 1986 to authorize appropriations for domestic centers and programs for the treatment of victims of torture, to Judiciary. S4940, remarks and text S4948, CR 5/15/01. S.924 (Biden, D-DE) to provide reliable officers, technology, education, community prosecutors and training in our neighborhoods, to Judiciary. S5438, remarks and text S5441, CR 5/22/01.

4 House Action H.R.259 (Cunningham, R-CA) to amend the Violent Crime Control and Law Enforcement Act of 1994 to provide enhanced penalties for crimes of violence against children under the age of 13, to Judiciary. H109, remarks E41, CR 1/30/01 H.R.537 (Granger, R-TX) to establish the National Commission on Youth Crime and School Violence, to Education and the Workforce. H253, CR 2/8/01. H.R.697 (Rangel, D-NY) to amend the Controlled Substances Act and the Controlled Substances Import and Export Act to eliminate certain mandatory minimum penalties relating to crack cocaine offenses, to Judiciary, and Energy and Commerce. H397, CR 2/14/01. Hearings The Crime Subcommittee, House Judiciary Committee, will hold a hearing on the Consequences of Juvenile Crime Act of a.m., 3/8/01, 2141 Rayburn. H.R.863 (Smith, R-TX) to provide grants to ensure increased accountability for juvenile offenders, to Judiciary. H647, CR 3/6/01. H.R.912 (Delahunt, D-MA) to reduce the risk that innocent persons may be executed, to Judiciary. H739, CR 3/7/01. Hearings The Constitution Subcommittee, House Judiciary Committee, will hold a hearing on legislation that would allow an individual charged with assaulting a pregnant woman to be charged separately in the death or injury of the victim s fetus. 10 a.m., 3/15/01, 2237 Rayburn. H.R.1023 (Dunn, R-WA) to amend the Incentive Grants for Local Delinquency Prevention Programs Act to authorize appropriations for fiscal years 2002 through 2007, to Education and the Workforce. H928, remarks E356, CR 3/14/01. H.R.1038 (Jackson, D-IL) to place a moratorium on executions by the federal government and urge the states to do the same, while a National Commission on the Death Penalty reviews the fairness of the imposition of the death penalty, to Judiciary. H952, CR 3/15/01. H.R.1090 (Davis, R-VA) to amend Subchapter III of Chapter 83 and Chapter 84 of Title 5, U.S. Code, to include assistant U.S. attorneys within the definition of a law enforcement officer, to Government Reform. H959, CR 3/19/01. H.R.1092 (Simmons, R-CT) to ensure that amounts in the Victims of Crime Fund are fully obligated, to Judiciary. H959, CR 3/19/01. Committee Action The Crime Subcommittee, House Judiciary Committee, will mark up legislation that would provide grants to states for the purpose of strengthening the juvenile justice system, including developing, implementing and administering graduated sanctions for juvenile offenders; improving facilities; hiring additional judges, prosecutors and law enforcement personnel for juvenile programs; and providing funds to establish or expand programs dealing with drug abuse and control, gang-violence, firearms and school safety. 10 a.m., 3/21/01, 2237 Rayburn. The Crime Subcommittee, House Judiciary Committee, amended and approved H.R.863, the Consequences for Juvenile Offenders Act of The Constitution Subcommittee, House Judiciary Committee, approved H.R.503, the Unborn Victims of Violence Act of Committee Action The House Judiciary Committee will mark up H.R.503, the Unborn Victims of Violence Act of 2001, and H.R.863, the Consequences for Juvenile Offenders Act of a.m., 3/28/01, 2141 Rayburn. H.R.1226 (Capuano, D-MA) to provide grants to assist state and local prosecutors and law enforcement agencies with implementing juvenile and young adult witness assistance programs that minimize additional trauma to the witness and improve the chances of successful criminal prosecution or legal action, to Judiciary. H1188, CR 3/27/01. Committee Action On 3/28/01, the House Judiciary Committee approved H.R.503, the Unborn Victims of Violence Act of 2001, and H.R.863, the Consequences for Juvenile Offenders Act of 2001.

5 H.R.1577 (Hoekstra, R-MI) to amend Title 18, U.S. Code, to require, among other things, Federal Prison Industries to compete for its contracts, minimizing its unfair competition with noninmate workers and the firms that employ them and increasing the likelihood that federal agencies get the best value for taxpayers dollars, to Judiciary. H1556, CR 4/24/01. Hearings The Crime Subcommittee, House Judiciary Committee, will hold a hearing on the effectiveness of Federal Prison Industries. 10 a.m., 4/26/01, 2237 Rayburn. H.R.1626 (Ramstad, R-MN) to amend Title I of the Omnibus Crime Control and Safe Streets Act of 1968 to, among other things, require states to enact law enforcement discipline, accountability, and due process laws, to Judiciary. H1659, CR 4/26/01. Hearings The Crime Subcommittee, House Judiciary Committee, will hold a hearing on reauthorization of the U.S. Department of Justice Part I - Criminal Law Enforcement Agencies Act. 10 a.m., 5/3/01, 2141 Rayburn. Floor Action On 4/26/01, the House passed, by a vote, H.R.503, the Unborn Victims of Violence Act of H.R.1764 (Strickland, D-OH) to ensure that the incarceration of inmates is not provided by private contractors or vendors and that persons charged or convicted of an offense against the United States shall be housed in facilities managed and maintained by federal, state or local governments, to Judiciary. H2022, CR 5/8/01. Hearings The Crime Subcommittee, House Judiciary Committee, will hold a hearing on the proposed Department of Justice (DOJ) budget, including criminal law components at DOJ headquarters. 4 p.m., 5/15/01, 2141 Rayburn. Hearings The Crime Subcommittee, House Judiciary Committee, will hold an oversight hearing on Fighting Cyber Crime: Efforts by State and Local Officials. 10 a.m., 5/24/01, 2141 Rayburn. H.R.1998 (Manzullo, R-IL) to provide standards for the enactment of federal crimes and to sunset those federal crimes that do not meet those standards, to Judiciary, and Rules. H2710, remarks E938,CR 5/24/01. H.R.2009 (Weiner, D-NY) to provide reliable officers, technology, education, community prosecutors and training in our neighborhoods, to Judiciary. H2711, CR 5/24/01. Notices On 2/14/01, the State Justice Institute announced a meeting on 3/2/01 in Alexandria, Virginia. FR On 5/15/01, the Office for Victims of Crime, Office of Justice Programs, Department of Justice, issued final program guidelines to implement the crime victim compensation grant program. FR Disability Law Senate Action S.33 (Thurmond, R-SC) to amend Title II of the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973 to exclude prisoners from the requirements of that title and section, to Health, Education, Labor and Pensions. S98, remarks and text S309, CR 1/22/01. Hearings The Labor, Health and Human Services, and Education Subcommittee, Senate Appropriations Committee, will hold a field hearing on promoting health for persons with mental retardation. 10 a.m., 3/5/01, Anchorage, AK. S.466 (Hagel, R-NE) to amend the Individuals with Disabilities in Education Act to fully fund 40 percent of the average per pupil expenditure for programs under Part B of such act, to Health, Education, Labor and Pensions. S1897, remarks S1906, CR 3/6/01.

6 S.496 (Santorum, R-PA) to amend the Individuals with Disabilities Education Act to modify authorizations of appropriations for programs under such act, to Health, Education, Labor and Pensions. S2070, remarks S2079, CR 3/8/01. S.543 (Domenici, R-NM) to provide for equal coverage of mental health benefits with respect to health insurance coverage unless comparable limitations are imposed on medical and surgical benefits, to Health, Education, Labor and Pensions. S2388, remarks and text S2393, CR 3/15/01. S.782 (Inouye, D-HI) to amend Title III of the Americans with Disabilities Act of 1990 to require, as a precondition to commencing a civil action with respect to a place of public accommodation or a commercial facility, that an opportunity be provided to correct alleged violations, to Health, Education, Labor and Pensions. S3994, remarks S3998, CR 4/26/01. House Action H.R.371 (Rivers, D-MI) to amend the Individuals with Disabilities Education Act relating to the minimum amount of state grants for any fiscal year under Part B of that Act, to Education and the Workforce. H164, CR 1/31/01. H.R.659 (Hooley, D-OR) to authorize appropriations for part B of the Individuals with Disabilities Education Act to achieve full funding for part B of that act by 2006, to Education and the Workforce. H395, CR 2/14/01. H.R.737 (Bass, R-NH) to amend the Individuals with Disabilities Education Act (IDEA) to provide full funding for assistance for education of all children with disabilities, to Education and the Workforce. H441, CR 2/27/01. Hearings The Social Security Subcommittee, House Ways and Means Committee, will hold a hearing on the Social Security Administration s proposed regulations that would implement the Ticket to Work program, which was designed to assist Americans with disabilities in obtaining and keeping jobs. 2 p.m., 2/28/01, B-318 Rayburn. The House Government Reform Committee will hold an oversight hearing on how well schools are complying with the provisions of the IDEA that require that states and localities provide free and appropriate education for children with disabilities. 1 p.m., 2/28/01, 2154 Rayburn. H.R.835 (Miller, R-CA) to authorize appropriations for part B of the Individuals with Disabilities Education Act to achieve full funding for part B of that act by 2011, to Education and the Workforce. H622, CR 3/1/01. H.R.914 (Foley, R-FL) to amend Title III of the Americans with Disabilities Act of 1990 to require, as a precondition to commencing a civil action with respect to a place of public accommodation or a commercial facility, that an opportunity be provided to correct alleged violations, to Judiciary. H739, CR 3/7/01. H.R.976 (Vitter, R-GA) to authorize appropriations for the Individuals with Disabilities Education Act to achieve full funding in fiscal year 2002 and 2003, to Education and the Workforce. H875, CR 3/13/01. H.R.977 (Vitter, R-GA) to amend the Individuals with Disabilities Education Act to provide increased authority for school personnel to discipline children with disabilities who engage in certain dangerous behavior, to Education and the Workforce. H875, CR 3/13/01. H.R.1829 (Larson, D-CT) to amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities, to Education and the Workforce. H2182, CR 5/15/01. H.R.1912 (Simmons, R-CT) to amend the Individuals with Disabilities Education Act to provide full funding for assistance for education of all children with disabilities, to Education and the Workforce. H2334, CR 5/17/01.

7 Notices On 4/25/01, the Office of Special Education and Rehabilitative Services, Department of Education, issued a notice of proposed funding priorities for fiscal years for two Rehabilitation Research and Training Centers. FR On 4/27/01, the Office of Special Education and Rehabilitative Services, Department of Education, issued a notice of proposed funding priorities for fiscal years for three Disability and Rehabilitation Research Projects. FR On 5/10/01, the Administration on Developmental Disabilities, Administration for Children and Families, Department of Health and Human Services, issued an invitation to apply for financial assistance through the Fiscal Year 2001 Projects of National Significance program. FR On 5/14/01, the Department of Education issued a notice inviting applications for new fiscal year 2001 awards for projects that promote achievement of high-quality employment outcomes for individuals with disabilities. FR On 5/18/01, the Department of Education issued a notice inviting applications for new fiscal year 2001 awards to improve services for children with disabilities. FR On 5/24/01, the Department of Education issued a notice inviting applications for new Centers for Independent Living awards for fiscal year FR Dispute Resolution House Action H.R.1965 (Gekas, R-PA) to clarify the Administrative Dispute Resolution Act of 1996 to authorize the Merit Systems Protection Board to establish under such act a three-year pilot program that will provide a voluntary early intervention alternative dispute resolution process to assist federal agencies and employees in resolving certain personnel disputes, to Government Reform, and Judiciary. H2678, remarks E900, CR 5/23/01. Drug Abuse Senate Action S.160 (Boxer, D-CA) to provide assistance to states to expand and establish drug abuse treatment programs to enable such programs to provide services to individuals who voluntarily seek treatment for drug abuse, to Health, Education, Labor and Pensions. S.304 (Hatch, R-UT) to reduce illegal drug use and trafficking and to help provide appropriate drug education, prevention and treatment programs, to Judiciary. S1270, remarks and text S1314, CR 2/13/01. S.317 (Schumer, D-NY) to establish grants for drug treatment alternative to prison programs administered by state or local prosecutors, to Judiciary. S1270, CR 2/13/01. S.348 (Hutchinson, R-AR) to amend the Small Business Act to extent the authorization for the drug-free workplace program, to Small Business. S1462, remarks and text S1479, CR 2/15/01. S.456, remarks S497, CR 1/23/01. S.437 (DeWine, R-OH) to revise and extend the Safe and Drug-Free Schools and Communities Act of 1994, to Health, Education, Labor and Pensions. S.1747, remarks and text S1772, CR 3/1/01. Hearings The Senate Judiciary Committee will hold a hearing on the role of treatment, education and prevention in anti-drug efforts. 10 a.m., 3/14/01, 226 Dirksen. S.484 (Snowe, R-ME) to amend Part B of Title IV of the Social Security Act to create a grant program to promote joint activities among federal, state and local public child welfare

8 and alcohol and drug abuse prevention and treatment agencies, to Finance. S1971, remarks and text S1994, CR 3/7/01. S.843 (Boxer, D-CA) to provide assistance to states to expand and establish drug abuse treatment programs to enable such programs to provide services to individuals who voluntarily seek treatment for drug abuse, to Health, Education, Labor and Pensions. S4508, remarks and text S4512, CR 5/8/01. House Action H.R.1896 (Dooley, D-CA) to provide assistance to states to expand and establish drug abuse treatment programs to enable such programs to provide services to individuals who voluntarily seek treatment for drug abuse, to Energy and Commerce, and Judiciary. H2333, CR 5/17/01. H.R.1909 (Rangel, D-NY) to amend Part B of Title IV of the Social Security Act to create a grant program to promote joint activities among federal, state, and local public child welfare and alcohol and drug abuse prevention and treatment agencies, to Ways and Means. H2334, remarks E844, CR 5/17/01. H.R.1978 (Waters, D-CA) to concentrate federal resources aimed at the prosecution of drug offenses on those offenses that are major, to Judiciary, and Energy and Commerce. H2679, CR 5/23/01.