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108hr5075ih
(b) Duties The task force required by subsection (a) shall— (1) identify such programs and activities that may be resulting in overlapping or duplication of services, the scope of such overlapping or duplication, and the relationship of such overlapping and duplication to public safety, public health, and effectivenes...
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or procedures that would improve outcomes of reentering offenders and children of offenders; (5) develop methods for increasing regular communication that would increase interagency program effectiveness; (6) identify areas of research that can be coordinated across agencies with an emphasis on applying science-based p...
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and make information on such programs and practices available to States, localities, community-based organizations, and others. (c) Report Not later than 1 year after the date of the enactment of this Act, the task force established by subsection (a) shall submit to Congress a report on legal barriers to successful pr...
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The report shall identify all such barriers in Federal law and those that are common features of State law, analyze the effect of such barriers on prisoners and their families, and propose modifications to Federal law to ensure that such barriers are narrowly tailored and do not unnecessarily hinder successful prisoner...
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(2) Eligibility criteria for Federal benefit programs (including Medicaid, Medicare, Social Security, and Veterans benefits) that limit the ability of former prisoners to obtain eligibility immediately upon release from prison. (3) Eligibility for welfare benefits. (4) The consideration of parental incarceration in ter...
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(d) Annual reports On an annual basis, the task force required by subsection (a) shall submit to Congress a report on the activities of the task force, including specific recommendations of the task force on matters referred to in subsection (b). 104. Offender re-entry research (a) National Institute of Justice From...
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(2) a study identifying a mechanism to compare rates of recidivism (including re-arrest, violations of parole and probation, and re-incarceration) among States; and (3) a study on the population of individuals released from custody who do not engage in recidivism and the characteristics (housing, employment, treatment,...
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female offenders, juvenile offenders, and the elderly, that present unique re-entry challenges; (2) studies to determine who is returning to prison or jail and which of those returning prisoners represent the greatest risk to community safety; (3) annual reports on the profile of the population coming out of prisons, j...
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Use of violent offender truth-in-sentencing Grant funding for demonstration project activities Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 42 U.S.C.
108hr5075ih
13702(a) ) is amended— (1) in paragraph (2) by striking and at the end; (2) in paragraph (3) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new paragraph: (4) to carry out any activity referred to in section 2976(b) of the Omnibus Crime Control and Safe Streets Act of...
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State and local reentry courts (a) In general Part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797w et seq. ) is amended by inserting at the end the following: 2979.
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State and local reentry courts (a) Grants authorized The Attorney General shall award grants of not more than $500,000 to— (1) State and local courts; or (2) State agencies, municipalities, public agencies, nonprofit organizations, and tribes that have agreements with courts to take the lead in establishing a re-entr...
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(2) provide returning offenders with— (A) drug and alcohol testing and treatment; and (B) mental and medical health assessment and services; (3) convene community impact panels, victim impact panels, or victim impact educational classes; (4) provide and coordinate the delivery of other community services to offenders, ...
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(c) Application Each eligible entity desiring a grant under this section shall, in addition to any other requirements required by the Attorney General, submit an application to the Attorney General that— (1) describes a long-term strategy and detailed implementation plan, including how the entity plans to pay for the ...
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and (B) there will be appropriate coordination with all affected agencies in the implementation of the program; and (4) describes the methodology and outcome measures that will be used in evaluation of the program. (d) Matching requirement The Federal share of a grant received under this section may not exceed 75 perc...
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(e) Annual report Each grantee under this section shall submit to the Attorney General, for each fiscal year in which funds from a grant received under this part is expended, a report, at such time and in such manner as the Attorney General may reasonably require, that contains— (1) a summary of the activities carried...
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(f) Authorization of appropriations (1) In general There are authorized to be appropriated $10,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Limitations Of the amount made available to carry out this section in any fiscal year— (A) not more than 2 percent may be used by the At...
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State and local reentry courts (a) Grants authorized The Attorney General shall award grants of not more than $500,000 to— (1) State and local courts; or (2) State agencies, municipalities, public agencies, nonprofit organizations, and tribes that have agreements with courts to take the lead in establishing a re-entr...
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(2) provide returning offenders with— (A) drug and alcohol testing and treatment; and (B) mental and medical health assessment and services; (3) convene community impact panels, victim impact panels, or victim impact educational classes; (4) provide and coordinate the delivery of other community services to offenders, ...
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(c) Application Each eligible entity desiring a grant under this section shall, in addition to any other requirements required by the Attorney General, submit an application to the Attorney General that— (1) describes a long-term strategy and detailed implementation plan, including how the entity plans to pay for the ...
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and (B) there will be appropriate coordination with all affected agencies in the implementation of the program; and (4) describes the methodology and outcome measures that will be used in evaluation of the program. (d) Matching requirement The Federal share of a grant received under this section may not exceed 75 perc...
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(e) Annual report Each grantee under this section shall submit to the Attorney General, for each fiscal year in which funds from a grant received under this part is expended, a report, at such time and in such manner as the Attorney General may reasonably require, that contains— (1) a summary of the activities carried...
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(f) Authorization of appropriations (1) In general There are authorized to be appropriated $10,000,000 for each of the fiscal years 2005 through 2008 to carry out this section. (2) Limitations Of the amount made available to carry out this section in any fiscal year— (A) not more than 2 percent may be used by the At...
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Federal Enhanced In-Prison Vocational Assessment and Training Demonstration Project (a) Establishment (1) In general The Attorney General shall establish the Federal Enhanced In-Prison Vocational Assessment and Training Demonstration Project in selected institutions. (2) Objectives The project established pursuant ...
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(b) Project duration (1) In general The project under this section shall begin not later than 6 months after funds are made available to carry out this section, and shall continue for 3 years. (2) Extension The Attorney General may extend the project for a period of not more than 6 months to enable participating pri...
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(c) Reports (1) Progress report Not later than 2 years after the date of enactment of this Act, the Attorney General shall submit a report, which describes the progress of the demonstration project established pursuant to subsection (a), to the Committee on the Judiciary of the Senate and the Committee on the Judicia...
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(2) Final report Not later than 1 year after the end of the demonstration project established pursuant to subsection (a), the Director of the Federal Bureau of Prisons shall submit a report, which describes the effectiveness of such project on post-release outcomes, including employment rates and re-arrest rates, for ...
108hr5075ih
Right to vote in Federal elections for nonincarcerated ex-offenders (a) Right to vote The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is s...
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(2) Private right of action (A) A person who is aggrieved by a violation of this section may provide written notice of the violation to the chief election official of the State involved. (B) Except as provided in subparagraph (C), if the violation is not corrected within 90 days after receipt of a notice under subpara...
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(C) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under subparagraph (A) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation.
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(c) Definitions For purposes of this section— (1) the term correctional institution or facility means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any re...
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(d) Relation to other laws (1) Nothing in this section shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this section. (2) The rights and remedies established by this section are i...
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or the National Voter Registration Act (42 U.S.C. 1973–gg). 202. Prohibition on unwarranted employment discrimination Section 703(k) of the Civil Rights Act of 1965 ( 42 U.S.C. 2000e–2(k) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4); and (2) by inserting after paragraph (1) the f...
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an unlawful employment practice based on disparate impact is established under this title if— (i) a complaining party demonstrates that a respondent uses a particular employment practice that— (I) excludes individuals from employment on the basis of their conviction records; and (II) causes a disparate impact on the ba...
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(B) With respect to demonstrating that a challenged practice is consistent with business necessity as described in subparagraph (A)(ii), the respondent shall demonstrate that the respondent considered— (i) the nature and gravity of the offense for which the conviction occurred; (ii) the period of time that has elapsed ...
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Increase in Federal work opportunity tax credit Section 51(b)(3) of title 26, United States Code, is amended in the heading and in the text by striking $6,000 and inserting $20,000. 204. Reform of student financial assistance (a) Suspension of student loan eligibility for drug-related offense only if offense committe...
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1091(r)(1) ) is amended by striking A student and all that follows through table: and inserting the following: A student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student...
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(b) Pell grants for incarcerated individuals Section 401(b)(8) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a(b)(8) ) is amended to read as follows: (8) Incarcerated individuals (A) In general Except as provided in subparagraph (B), no Federal Pell Grant shall be awarded under this subpart to any individual w...
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(B) Eligibility for pell Grant (i) In general Notwithstanding subparagraph (A), an individual who is incarcerated in a Federal or State penal institution shall be eligible to receive a Federal Pell Grant under this subpart if such individual— (I) is eligible to be considered for release from the penal institution int...
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(ii) Limitations on eligibility No Federal Pell Grant shall be awarded to an incarcerated individual pursuant to clause (i)— (I) that exceeds— (aa) the sum of the amount of tuition and fees normally assessed for the course of study by the institution of higher education offering classes to the individual for the cours...
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(II) who is incarcerated in a State penal institution if the State in which such penal institution is located reduces its level of postsecondary assistance provided from State sources to incarcerated individuals after the date of enactment of the Offender Reentry and Community Safety Act of 2004; and (III) for use at a...
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(iii) Special rule Funds transmitted pursuant to this subparagraph shall be transferred directly to the institution of higher education in which the incarcerated individual is enrolled for payment of expenses provided under clause (ii)(I)(aa). Such institution shall not transmit such funds directly or indirectly to su...
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1437d(k) ) is amended— (1) by striking (k) The Secretary shall and inserting the following: (k) Review of eviction and denials of tenancy (1) In general Subject to paragraph (3), the Secretary shall ; (2) by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F) and indenting accordingly; (3) by st...
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and (4) by adding at the end the following: (3) Mitigating circumstances and innocent owner (A) Mitigating circumstances In determining whether to evict a tenant, terminate a tenancy, or deny an application for tenancy due to a criminal conviction of the person that is the subject of a grievance, and in any judicial ...
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(B) Innocent tenants A tenant shall not be subject to eviction, denied a tenancy, or have a tenancy terminated based solely upon the familial relationship of the tenant to a person who has been convicted of a criminal offense.. (b) Quality Housing and Work Responsibility Act of 1998 (1) Ineligibility Section 576 of ...
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and (ii) in paragraph (2)— (I) by striking any household and inserting any person ; and (II) by striking household member each place that term appears and inserting person ; (B) in subsection (c)— (i) in the matter preceding paragraph (1)— (I) by striking or any member of the applicant’s household ; and (II) by strikin...
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(C) by redesignating subsection (d) as subsection (e); and (D) by adding at the end the following: (d) Review of denial of application (1) Review of denial The denial of an application under this section shall be subject to review in accordance with the provisions of section 6(k) of the United States Housing Act of 1...
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(2) Innocent applicants Nothing in this section shall allow for the denial of an application based solely on the familial relationship of an applicant to a person who has a criminal conviction or is otherwise in violation of this section.. (2) Termination of tenancy and assistance for illegal drug users and alcohol ab...
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(B) in subsection (b)— (i) by striking household based and inserting person based ; (ii) by striking by a household member and inserting by that person ; and (iii) by striking such household member and inserting such person ; and (C) by adding at the end the following: (c) Review of termination of tenancy The decision...
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(d) Innocent tenants Nothing in this section shall allow for the termination of a tenancy or assistance to any person based solely on the familial relationship of the tenant to a person who is in violation of this section.. (c) Requirement of intent or knowledge of crime before eviction from or denial of public and pu...
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1437f(d)(1)(B)(iii) ), and 8(o)(7)(D) ( 42 U.S.C.
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1437f(o)(7)(D) ) of the United States Housing Act of 1937 are each amended by inserting before the semicolon at the end the following: ; except that such criminal or drug-related activity, engaged in by a member of a tenant’s household or any guest or other person under the tenant’s control, shall not be cause for term...
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Amendment to the Adult Education and Family Literacy Act to remove restriction on amount of funds available for corrections education programs Section 222(a) of the Adult Education and Family Literacy Act ( 20 U.S.C. 9222(a)(1) ) is amended by striking , of which not more than 10 percent and inserting , of which not l...
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Clarification of authority to place prisoner in community corrections (a) Place of imprisonment Section 3621 of title 18, United States Code, is amended by inserting after or correctional facility the following: , including a community corrections facility,.
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(b) Pre-release custody Section 3624(c) of title 18, United States Code, is amended by striking all after the subsection heading and inserting the following: The Bureau of Prisons shall, to the extent practicable, ensure that a prisoner serving a term of imprisonment spends a reasonable part of the final portion of th...
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In addition, this subsection authorizes the Bureau of Prisons to place a prisoner in home confinement during the last 10 percent of the term of imprisonment, not to exceed 6 months.. 208. Denial of tanf and food stamps for felony conviction for welfare fraud (a) In general Section 115(a) of the Personal Responsibilit...
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862a(a) ) is amended— (1) by amending the header to read as follows: (a) Denial of assistance and benefits for welfare fraud convictions ; and (2) in the matter preceding paragraph (1) by striking the possession, use, or distribution of a controlled substance (as defined in section 102(6) of the Controlled Substances ...
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(b) Effective date The amendments made by subsection (a) shall take effect on December 31, 2004. 209. Reform of provisions that limit family reunification after prison (a) Consideration of parental incarceration (1) In general Section 475(5) of the Social Security Act ( 42 U.S.C. 675(5) ) is amended— (A) in subpara...
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and (C) by adding at the end the following: (H) (i) the State may extend the time limits otherwise applicable under subparagraph (E), with respect to filing or joining a petition to terminate the parental rights of the parents of a child who has been in foster care under the responsibility of the State for 15 of the mo...
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but not the sole basis, for making a determination that it would be in the best interests of the child to terminate parental rights. (2) Effective date The amendments made by paragraph (1) shall take effect on December 31, 2004. (b) Reasonable effort to preserve and reunify families (1) In general Section 471(a)(15)...
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(B) by redesignating subparagraphs (C) through (F) as subparagraphs (D) through (G), respectively; (C) by inserting after subparagraph (B) the following new subparagraph (C): (C) when applied to parents incarcerated for crimes unrelated to the abuse of a child, reasonable efforts to preserve and unify families includes...
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(ii) giving preference to family members when placing a child in foster care absent a finding of unfitness; (iii) coordinating the receipt of transitional services upon release from incarceration when return of custody to the parent will be impossible without such services; (iv) providing the incarcerated parent with t...
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and between the incarcerated parent and child unless such contact is found by a court to be contrary to the child’s best interest; ; and (D) in subparagraph (F), as so redesignated, by striking subparagraph (D) and inserting subparagraph (E). (2) Conforming amendment Section 475(5)(E)(iii) of title IV of the Social Se...
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675(5)(E)(iii) ) is amended by striking section 471(a)(15)(B)(ii) and inserting subparagraphs (B)(ii) and (C) of section 471(a)(15). (c) Protecting the Parental Rights of Incarcerated Parents Section 475(5)(E) of title IV of the Social Security Act ( 42 U.S.C.
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675(5)(E) ) is amended— (1) by striking or at the end of clause (ii); (2) by inserting or at the end of clause (iii); and (3) by adding at the end the following new clause: (iv) the parent has been unable to retain custody of the child due to an incarceration unrelated to the abuse of a child, has not evinced an intent...
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(d) Elimination of age requirement for relative caregiver under national family caregiver support program Section 372 of the National Family Caregiver Support Act (part E of title III of the Older Americans Act of 1965 ; 42 U.S.C. 3030s ) is amended in paragraph (3) by striking who is 60 years of age or older and— and...
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1396a(a) ), as amended by section 236(b) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended— (1) by striking and at the end of paragraph (66); (2) by striking the period at the end of paragraph (67) and inserting ; and ; and (3) by inserting after paragraph ...
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or to any other State or local institution a purpose of which is to confine individuals as described in section 202(x)(1)(A)(ii), may obtain and submit an application for medical assistance within such time prior to the termination of the individual’s period of confinement as will allow, to the maximum extent possible,...
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Reform of supervised release (a) No mandatory revocation for possession of Controlled Substance Subsection (g) of section 3583 of title 18, United States Code, is amended— (1) in the subsection heading, by striking Controlled Substance or ; (2) by striking paragraph (1); and (3) by redesignating paragraphs (2) throug...
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is further amended by adding at the end the following new subsection: (l) Technical violations of supervised release (1) In general Following revocation of supervised release for a technical violation, the court shall impose a community-based sanction and shall not impose a term of imprisonment unless it finds that— ...
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(2) Informal process A defendant facing revocation of supervised release for a technical violation may temporarily waive the right to formal adjudication of the violation and agree to participate in an informal process under which a probation officer may impose graduated community-based sanctions for technical violati...
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(3) Definitions In this subsection— (A) the term technical violation means conduct that does not constitute a new crime, except that possession of a controlled substance shall be treated as a technical violation; and (B) the term community-based sanction means a sanction other than imprisonment that permits the defend...
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(4) Sentencing commission The United States Sentencing Commission shall amend its existing policy statements regarding revocation of supervised release so as to be consistent with this subsection. (5) Probation service The Federal Probation Service shall publish annually an analysis of cases involving the revocation ...
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Grants to study parole violations and revocations (a) Grants authorized From amounts made available to carry out this section, the Attorney General may award grants to States to study, and to improve the collection of data with respect to, individuals whose parole is revoked and which such individuals represent the g...
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including data on— (A) the number and type of parole violations that occur within the State; (B) the reasons for parole revocation; (C) the underlying behavior that led to the revocation; and (D) the term of imprisonment or other penalty that is imposed for the violation; and (2) provide the data described in paragraph...
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213. Residential substance abuse treatment programs (a) Improvement of the residential substance abuse treatment for State prisoners program (1) Definition Section 1902 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C.
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3796ff–1 ) is amended by redesignating subsections (c) through (f) as subsections (d) through (g), respectively, and by inserting after subsection (b) the following new subsection: (c) Residential substance abuse treatment The term residential substance abuse treatment means a course of individual and group activities...
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(2) Requirement for after care component Section 1902 of such Act is further amended in subsection (d) (as redesignated by subsection (a)) is amended— (A) in the subsection heading, by striking Eligibility for Preference With After Care Component and inserting Requirement for After Care Component ; (B) by amending par...
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and (C) by adding at the end the following new paragraph: (4) Aftercare services required by this subsection shall be funded by the funding provided in this part. (b) Residential drug abuse program in Federal prisons Section 3621(e)(5)(A) of title 18, United States Code, is amended by striking means a course of and al...
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which may include the use of pharmacotherapies, where appropriate, that may extend beyond the 6-month period;
108hr4608ih
1. Name of department of veterans affairs outpatient clinic, peoria, illinois The Department of Veterans Affairs outpatient clinic located in Peoria, Illinois, shall after the date of the enactment of this Act be known and designated as the Bob Michel Department of Veterans Affairs Outpatient Clinic. Any reference to ...
108hr3883ih
1. Reauthorization of Atlantic Striped Bass Conservation Act Section 7(a) of the Atlantic Striped Bass Conservation Act ( 16 U.S.C. 5156(a) ) is amended by striking 2001, 2002, and 2003 and inserting 2004, 2005, and 2006.
108hr4284ih
1. Short title This Act may be cited as the United Nations Oil-for-Food Accountability Act of 2004. 2. Findings Congress finds the following: (1) Allegations have been raised of substantial fraud and corruption in the administration of the Office of the Iraq Oil-for-Food Program of the United Nations. (2) The United ...
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(3) The General Accounting Office estimates that during the period from 1997 through 2002, the former Iraqi regime received $10,100,000,000 in illegal revenues from the oil-for-food program, including $5,700,000,000 received from oil smuggled out of Iraq and $4,400,000,000 received from surcharges on oil sales and illi...
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(4) Any illicit activity by United Nations officials, personnel, agents, or contractors, including entities that have entered into contracts under the oil-for-food program, is unacceptable and should be thoroughly investigated. (5) Documents in the files of the former Oil Ministry of Iraq indicate that Benon Sevan, the...
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(6) On April 21, 2004, the United Nations Security Council adopted Resolution 1538, which established a high-level inquiry into allegations regarding the administration of the oil-for-food program. The inquiry will be led by Paul Volcker, but the investigators will not have subpoena power. (7) The ability and credibili...
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(8) The ability and credibility of the United Nations to convey legitimacy to the new Government of Iraq and assist in the reconstruction of postwar Iraq is hampered by these allegations of United Nations corruption and mismanagement in the oil-for-food program. 3. Oil-for-food program defined In this Act, the term oi...
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Payment of United States contributions for United Nations regular budget contingent upon Presidential certification of United Nations cooperation (a) Withholding of portion of assessed contributions Until the President submits to Congress a certification that satisfies the requirements described in subsection (b), am...
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(2) Of the funds appropriated for contributions to international organizations in an Act making appropriations for fiscal year 2006, 20 percent of the amount available for United States assessed contributions to the regular budget of the United Nations for such fiscal year. (b) Certification The certification referred...
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(2) the United Nations Secretary General has formally confirmed that the United Nations will not assert the inviolability of United Nations papers and internal records that concern the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program; (3) the United Nations Secretary General has au...
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that in the judgment of the requesting authority directly or indirectly concerns the oil-for-food program or a sanction imposed on Iraq related to the oil-for-food program upon request by such law enforcement authority; (4) the United Nations has waived any immunity enjoyed by any United Nations official from the judic...
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and (5) any United Nations official who benefitted financially from the oil-for-food program has reimbursed the Government of Iraq and any other entity affected by the illicit activity of such official the full amount that such official improperly received from the oil-for-food program.
108hr3794ih
1. Compensation of Certain Losses for the Heirs of Henry D. Espy of St.
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Louis, Missouri (a) Definition In this section, the term heirs of Henry D. Espy means Mary Espy, Mary Espy Rhodes Hoover, Frances Espy Rankin, Jeannette Espy Burton, Mark Espy, Damon Espy, Jamisette Espy, Ashley Espy, Luke Espy, Reuben Gresham, Melanie Espy, Jasmine Espy, Jake Espy, Jeanne Hoover, Robert Hoover, Haro...
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(b) Payment The Secretary of the Treasury shall pay, using funds in the Treasury not otherwise appropriated, to the heirs of Henry D. Espy of St.
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Louis, Missouri, as their interests may appear, an amount equal to the difference between— (1) the fair market value of land owned by Henry D. Espy located in Gifford, Indian River County, Florida, that was taken by the United States in an eminent domain proceeding in 1942, as determined by an appraisal satisfactory to...
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(c) Settlement The payment under subsection (b) shall be in full settlement of all claims of the heirs of Henry D. Espy arising from the 1942 taking referred to in such subsection. (d) No Inference of Liability Nothing in this section shall be construed as an inference of liability on the part of the United States. (...
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Any person who violates this subsection shall be guilty of a misdemeanor and shall be subject to a fine in the amount provided in title 18, United States Code.
108hr5262ih
1. Findings The Congress finds that— (1) the United States owes a debt to those men and women who have lost their lives or have become completely and permanently disabled in the line of duty while defending the Nation in the war on terrorism; (2) the United States owes a debt to the families of these fallen heroes for...
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Deduction of education costs of veterans’ survivors and dependents (a) In general Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 224 as section 225 and by inserting after section 223 the follow...