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108hr4576ih
(c) Label In the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof; and (2) require persons participating in the program to use the label created und...
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(d) Limitation on use of United States country of origin label A person participating in the program established under subsection (b) may not designate wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, or products thereof as having a United States country of origin unless— (1) in the case of wild fis...
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or (2) in the case of farm-raised fish or farm-raised shellfish (or a product thereof), the farm-raised fish or farm-raised shellfish is raised and harvested in the United States. 283. Voluntary program of country of origin labeling for perishable agricultural commodities (a) Definition In this section the term peris...
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(b) Country of origin labeling The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for perishable agricultural commodities. (c) Label In the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of per...
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(d) Limitation on use of United States country of origin label A person participating in the program established under subsection (b) may not designate a perishable agricultural commodity as having a United States country of origin unless the perishable agricultural commodity is exclusively grown in the United States.
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(e) Survey of country of origin labeling; purpose (1) Definition In this subsection, the term label means a method to provide information to consumers by means of a stamp, mark, placard, or other clear and visible sign (including printed packaging, cello wraps, twist ties, brand tags, bands, stickers, or other identi...
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during the 12-month period beginning on the date of the enactment of the Food Promotion Act of 2004 , and every two years thereafter, the Secretary shall conduct, using existing resources, a national survey— (A) to estimate the types and quantities of perishable agricultural commodities sold in the United States that a...
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(C) to determine methods by which country of origin information is provided with regard to perishable agricultural commodities sold in the United States; (D) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are labeled, but for which no country of origin informat...
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and (G) to determine whether consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities for sale. (3) Location of survey The survey may be conducted at retail stores and other locations selected by the Secretary.
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(4) Special considerations For the purposes of conducting the survey, the Secretary shall consider— (A) bulk displays containing covered perishable agricultural commodities from more than one country to be labeled with country of origin information if a majority of the perishable agricultural commodities therein bear ...
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(f) Use and availability of survey results (1) Report to Congress The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of each survey conducted under subsection (e).
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(2) Subsequent surveys (A) Determination of consumer awareness In other than the first survey conducted under subsection (e), if the Secretary makes a determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities, the Secretary shall in...
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(B) Effect of failure to ascertain country of origin If the Secretary makes the determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall include in the r...
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(C) Effect of ability to ascertain country of origin If the Secretary makes the determination that consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall no longer be requir...
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Verification The Secretary of Agriculture may require participants in a program of country of origin labeling under section 281, 282, or 283 to maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with the program. 285. Enforcement (a) Civil penalty (1) Assessment The ...
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(2) Amount of penalty The amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. (3) Continuing violation Each day during which a violation continues shall be considered to be a separate violation. (b) Notice and hearing The Secretary may not assess a penalty under subsec...
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Voluntary program of country of origin labeling for certain meat products (a) Definitions In this section: (1) The term beef means meat produced from cattle (including veal). (2) The term covered meat product means ground beef, ground pork, and ground lamb, and raw unprocessed muscle cuts of beef, pork and lamb. (3) ...
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(c) Label In the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of covered meat products; and (2) require persons participating in the program to use the label created under paragraph (1), or such other label as the Secretary determines a...
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(d) Limitation on use of United States country of origin label A person participating in the program established under subsection (b) may not designate a covered meat product as having a United States country of origin unless the covered meat product is derived exclusively from— (1) an animal born, raised, and slaught...
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Voluntary program of country of origin labeling for fish products (a) Definitions In this section: (1) The term farm-raised fish means all fish that are not wild fish. The term includes net-pen, aquacultural, and other farm-raised fish. (2) The term farm-raised shellfish means all shellfish that are not wild shellfis...
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(4) The term wild shellfish means naturally-born or hatchery-raised shellfish harvested in the wild. (b) Country of origin labeling The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof...
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(c) Label In the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, and products thereof; and (2) require persons participating in the program to use the label created und...
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(d) Limitation on use of United States country of origin label A person participating in the program established under subsection (b) may not designate wild fish, wild shellfish, farm-raised fish, farm-raised shellfish, or products thereof as having a United States country of origin unless— (1) in the case of wild fis...
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or (2) in the case of farm-raised fish or farm-raised shellfish (or a product thereof), the farm-raised fish or farm-raised shellfish is raised and harvested in the United States. 283. Voluntary program of country of origin labeling for perishable agricultural commodities (a) Definition In this section the term peris...
108hr4576ih
(b) Country of origin labeling The Secretary of Agriculture shall establish a voluntary program of country of origin labeling for perishable agricultural commodities. (c) Label In the program established under subsection (b), the Secretary shall— (1) create a label to be used to designate the country of origin of per...
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(d) Limitation on use of United States country of origin label A person participating in the program established under subsection (b) may not designate a perishable agricultural commodity as having a United States country of origin unless the perishable agricultural commodity is exclusively grown in the United States.
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(e) Survey of country of origin labeling; purpose (1) Definition In this subsection, the term label means a method to provide information to consumers by means of a stamp, mark, placard, or other clear and visible sign (including printed packaging, cello wraps, twist ties, brand tags, bands, stickers, or other identi...
108hr4576ih
during the 12-month period beginning on the date of the enactment of the Food Promotion Act of 2004 , and every two years thereafter, the Secretary shall conduct, using existing resources, a national survey— (A) to estimate the types and quantities of perishable agricultural commodities sold in the United States that a...
108hr4576ih
(C) to determine methods by which country of origin information is provided with regard to perishable agricultural commodities sold in the United States; (D) to estimate the types of quantities of perishable agricultural commodities sold in the United States that are labeled, but for which no country of origin informat...
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and (G) to determine whether consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities for sale. (3) Location of survey The survey may be conducted at retail stores and other locations selected by the Secretary.
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(4) Special considerations For the purposes of conducting the survey, the Secretary shall consider— (A) bulk displays containing covered perishable agricultural commodities from more than one country to be labeled with country of origin information if a majority of the perishable agricultural commodities therein bear ...
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(f) Use and availability of survey results (1) Report to Congress The Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report containing the results of each survey conducted under subsection (e).
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(2) Subsequent surveys (A) Determination of consumer awareness In other than the first survey conducted under subsection (e), if the Secretary makes a determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities, the Secretary shall in...
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(B) Effect of failure to ascertain country of origin If the Secretary makes the determination that consumers cannot reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall include in the r...
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(C) Effect of ability to ascertain country of origin If the Secretary makes the determination that consumers can reasonably ascertain the country of origin of a substantial majority of perishable agricultural commodities in two consecutive surveys conducted under subsection (e), the Secretary shall no longer be requir...
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Verification The Secretary of Agriculture may require participants in a program of country of origin labeling under section 281, 282, or 283 to maintain a verifiable recordkeeping audit trail that will permit the Secretary to verify compliance with the program. 285. Enforcement (a) Civil penalty (1) Assessment The ...
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(2) Amount of penalty The amount of the civil penalty assessed under paragraph (1) may not exceed $10,000 for each violation. (3) Continuing violation Each day during which a violation continues shall be considered to be a separate violation. (b) Notice and hearing The Secretary may not assess a penalty under subsec...
108hr5410ih
1. Short title This Act may be cited as the Consumer Checking Account Fairness Act. 2. Adjustment of check hold periods required (a) In general Section 603(d) of the Expedited Funds Availability Act ( 12 U.S.C. 4002(d) ) is amended by adding at the end the following new paragraph: (3) Coordination with Check Clearin...
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in accordance with the requirements of paragraph (1), to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act or the regulations implementing such Act; or (ii) to ...
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(B) Paragraph (2) adjustments The Board may, by regulation, eliminate the extension provided under paragraph (2) for deposits of any category of checks if the Board finds that the extension has no practical necessity under the Checking Clearing for the 21st Century Act or the regulations implementing such Act.. (b) Te...
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(c) Regulations The Board shall prescribe the regulations required under the amendment made by subsection (a) in final form before the end of the 6-month period beginning on the date of the enactment of this Act. 3. Amendments relating to checking account consumers (a) Deposits at proprietary ATMs Section 603(a)(2) ...
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4002(a)(2) ) is amended— (1) in subparagraphs (B)(ii) and (C)(ii), by inserting or is deposited at a proprietary ATM before the semicolon at the end of each such subparagraph; and (2) in subparagraph (E), by inserting , or a check deposited at a proprietary ATM, after deposited in a branch of a depository institution. ...
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4006 ) is amended by adding at the end the following new subsection: (f) Limitation on certain fees during check hold period If a receiving depository institution has received a provisional or final settlement with respect to a check deposited in an account at the depository institution and such depository institution...
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(c) Credits required to be posted before debits Section 607 of the Expedited Funds Availability Act ( 12 U.S.C. 4006 ) is amended by inserting after subsection (f) (as added by subsection (b) of this section) the following new subsection: (g) Order of posting In the process of posting credits and debits against a che...
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the receiving depository institution shall credit all deposits to the account before debiting any check drawn on the account and presented to the depository institution for payment. (d) Saturdays may be treated as business days Section 602(3) of the Expedited Funds Availability Act ( 12 U.S.C. 4001(3) ) is amended by ...
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if with respect to checks received by the depository institution for which it is the originating institution, the depository institution debits accounts on Saturdays for such checks. (e) Reduction in check holds for nonlocal check deposits Section 603(b)(2) of the Expedited Funds Availability Act ( 12 U.S.C. 4002(b)(2...
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(f) Adjustment for inflation for large check limitation (1) In general Section 604(a)(3) of the Expedited Funds Availability Act ( 12 U.S.C. 4003(a)(3) ) is amended by striking $5,000 each place such term appears and inserting $7,500. (2) Clerical amendment The paragraph heading for section 604(a)(3) of the Expedite...
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(g) Adjustment for small deposit availability Section 603(a)(2)(D) of of the Expedited Funds Availability Act ( 12 U.S.C. 4002(a)(2)(D) ) is amended by striking $100 and inserting $500. (h) Fees for services not requested Section 607 of the Expedited Funds Availability Act ( 12 U.S.C.
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4006 ) is amended by inserting after subsection (g) (as added by subsection (c) of this section) the following new subsection: (h) Fees for services not requested No depository institution may impose any fee for paying any check drawn on an account in spite of a lack of sufficient funds in the account to pay such chec...
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4007 ) is amended— (1) in subsection (b)— (A) by inserting or (c) after subsection (a) ; and (B) by inserting , but only to the extent of any such inconsistency before the period at the end; and (2) by adding at the end the following new subsection: (c) Clarification of inconsistency A State law shall not be construed...
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For purposes of determining congressional intent with respect to preemption, the purpose of this title shall be construed to be the establishment of a minimum basis of protection for the consumer and not the creation of a uniform national rule.. 4. Recredit for all consumers unless substitute checks are provided withou...
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5006(b) ) is amended by adding at the end the following new paragraph: (3) Fees for substitute checks If any bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check for such consumer with respect to such account, the expedited recredit process established under this section...
108hr4379ih
1. Short title This Act may be cited as the Working Parents Child Care Relief Act. 2. Increase of amount which may be excluded from gross income of employee for dependent care assistance and annual adjustment of amount for annual rate of inflation (a) Increase of amount Section 129(a)(2)(A) of the Internal Revenue C...
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(b) Annual adjustment Section 129(a)(2) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (D) Adjustment for inflation (i) In general In the case of any taxable year beginning in a calendar year after 2005, each amount specified in subparagraph (A) shall be increase...
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determined by substituting 2004 in subparagraph (B) thereof. (ii) Rounding If any increase determined under clause (i) is not a multiple of $50, such increase shall be rounded to the nearest multiple of $50.. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December ...
108hr387ih
1. Short title This Act may be cited as the Wildfire Prevention and Forest Health Protection Act. 2. Findings Congress finds the following: (1) National Forest System lands in the United States are in poor ecological health and in grave danger of catastrophic wildfires because of high fuel loads.
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(2) The poor condition of these National Forest System lands is evidenced by the fact that, during 2002, 71,160 wildfires devastated over 7 million forested acres, including over 2.2 million acres in Alaska, 650,000 acres in Arizona, 491,000 acres in California, 915,000 acres of Colorado, 325,000 acres in New Mexico, 1...
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(3) It has been scientifically established that reducing fuel loads by thinning trees improves forest ecological health and reduces the risk of catastrophic crown fires. (4) Trees damaged by fire are more susceptible to insect infestation than healthy undamaged trees, and experts agree that fire damaged trees must be r...
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(6) In a report issued in July 2002, the Forest Service found that 48 percent of projects involving mechanical tree thinning on National Forest System lands have been subject to challenge and appeal and that the extra decision-making analysis forced by these appeals added significantly to time required but did not mate...
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(7) The Forest Service further found that In spite of the agency's best efforts, individuals or organizations opposed to the projects filed appeals and/or filed suit to stop the projects.. (8) Use of existing administrative and legal processes to address the fire danger in the United States will not enable the Forest S...
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Regional forester authority to exempt wildfire prevention tree-thinning projects from certain laws (a) Exemption authority Due to the extraordinary wildfire threat present on National Forest System lands in the Forest Service Regions, the Regional Forester for a Forest Service Region may exempt a Forest Service proje...
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In addition, the project shall not be subject to the notice, comment, and appeal requirements of section 322 of Public Law 102–381 (commonly known as the Appeals Reform Act; 16 U.S.C. 1612 note) or to judicial review by any court of the United States.
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(b) Covered projects A Forest Service project referred to in subsection (a) is a project that involves the removal of trees on National Forest System lands managed by the Regional Forester that the Regional Forester finds, on the basis of the best scientific information available— (1) are located in an area with a hig...
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(c) Certification The Regional Forester shall certify the findings made under subsection (b) to the Chief of the Forest Service and the Congress. 4. Constitutional authority The constitutional authority on which this Act rests is the authority of Congress to make all laws which shall be necessary and proper, as enume...
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1. Short title This Act may be cited as the Secret Ballot Protection Act of 2004. 2. Findings Congress finds that— (1) the right of employees under the National Labor Relations Act to choose whether to be represented by a labor organization by way of secret ballot election conducted by the National Labor Relations Bo...
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and (3) the recognition of a labor organization by using a private agreement, rather than a secret ballot election overseen by the National Labor Relations Board, threatens the freedom of employees to choose whether to be represented by a labor organization, and severely limits the ability of the National Labor Relatio...
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158(a)(2) ) is amended by inserting before the colon the following: or to recognize or bargain collectively with a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9. (2) Application The ...
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(b) Election required (1) In general Section 8(b) of the National Labor Relations Act ( 29 U.S.C. 158(b) ), as amended by subsection (c) of this section, is amended— (A) by striking and at the end of paragraph (6); (B) by striking the period at the end of paragraph (7) and inserting ; and ;
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and (C) by adding at the end the following: (8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance...
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159(a) ), is amended— (1) by inserting (1) after (a) ; (2) by inserting after designated or selected the following: by a secret ballot election conducted by the National Labor Relations Board in accordance with this section ; and (3) by adding at the end the following: (2) The secret ballot election requirement of para...
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Regulations Not later than 6 months after the date of the enactment of this Act the National Labor Relations Board shall review and revise all regulations promulgated before such date to implement the amendments made in this Act to the National Labor Relations Act.
108hr3709ih
1. Short Title This Act may be cited as the District of Columbia Voting Rights Restoration Act of 2004. 2. Findings The Congress finds the following: (1) There is no reason, either historically or by virtue of law, why the people of the District of Columbia, the capital of the United States of America, should not hav...
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(2) Article I, section 8, clause 17 of the Constitution of the United States, which authorized the creation of the District of Columbia, provides only that the Congress shall have exclusive legislation in all cases whatsoever over that District. (3) The same clause of the Constitution provides that Congress shall exerc...
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Residents of other Federal enclaves, though also denied voting rights after becoming subject to exclusive Federal jurisdiction, have had restored their right to vote for and serve as elected Federal officials from their respective States which ceded the Federal enclaves to the United States. (4) Congress has exercised ...
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Congress has also exercised this authority to require States to allow United States citizens who are former residents, and their children who are United States citizens, who are living overseas to vote in Federal elections in the previous State of residence, notwithstanding the fact that such former residents and their...
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The portion of the original District of Columbia ceded to the United States by the Commonwealth of Virginia was returned to the authority of that state in 1846, and the people who now reside in that area vote as citizens of the Commonwealth of Virginia.
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(6) The Supreme Court of the United States has found that the cession of legislative authority over the territory that became the District of Columbia by the States of Maryland and Virginia did not remove that territory from the United States, and that the people who live in that territory are entitled to all the right...
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Among those guarantees are the right to equal protection of the laws and the right to participate, equally with other Americans, in a Republican form of government. (7) Since the people who lived in the territory that now makes up the District of Columbia once voted in Maryland as citizens of Maryland, and Congress by ...
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Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Congressional Elections (a) In General Notwithstanding any other provision of law, for purposes of representation in the House of Representatives and Senate, the right of the people of the District of Columbia to be eligibl...
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(b) Eligibility to Hold Congressional Office Notwithstanding any other provision of law, for purposes of determining eligibility to serve as a Member of the House of Representatives or Senate, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restore...
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Restoration of Right of District of Columbia Residents to Participate as Maryland Residents in Presidential Elections (a) In General Notwithstanding any other provision of law, the right of the people of the District of Columbia to be eligible to participate in elections for electors of President and Vice President, ...
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(b) Eligibility to Serve as Electors Notwithstanding any other provision of law, for purposes of determining eligibility to serve as electors of President and Vice President, the right of the residents of the District of Columbia to be considered inhabitants of the State of Maryland is hereby restored.
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(c) Termination of Appointment of Separate Electors by District of Columbia In accordance with the authority under sections 1 and 2 of the 23rd amendment to the Constitution and the authority under article I, Section 8, to legislate for the District of Columbia, and notwithstanding any other provision of law, Congress...
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(d) Conforming Amendment (1) In general Chapter 1 of title 3, United States Code, is amended by striking section 21. (2) Clerical amendment The table of sections for chapter 1 of title 3, United States Code, is amended by striking the item relating to section 21. (e) Effective Date This section and the amendments m...
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Coordination of Election Administration (a) Application of Maryland Election Laws (1) In general Federal elections in the District of Columbia shall be administered and carried out by the State of Maryland, in accordance with the applicable laws of the State of Maryland. (2) Treatment of District as unit of local go...
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(b) Conforming Amendments to Help America Vote Act of 2002 (1) Treatment of District of Columbia as part of Maryland Section 901 of the Help America Vote Act of 2002 ( 42 U.S.C.
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15541 ) is amended— (A) by striking the District of Columbia ; (B) by striking In this Act and inserting (a) In General.— In this Act ; and (C) by adding at the end the following new subsection: (b) Special Rule For State of Maryland and District of Columbia For purposes of this Act, the following shall apply: (1) The...
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(2) The District of Columbia shall be considered a unit of local government or jurisdiction located within the State of Maryland. (3) An election for Federal office taking place in the District of Columbia shall be considered to take place in the State of Maryland.. (c) Conforming Amendments to Other Federal Election L...
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is amended by adding at the end the following new section: 108. Special Rule for State of Maryland and District of Columbia For purposes of this title, the following shall apply: (1) An absent uniformed services voter or overseas voter who is a resident of the District of Columbia shall be considered to be a resident ...
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(3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out the provisions of this title with respect to voters who are residents of the District of Columbia.. (B) Conforming amendment Section 107(6) of the Uniformed and Overseas Citizens Absentee Voting Act ( ...
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1973gg et seq. ) is amended— (i) by redesignating section 13 as section 14; and (ii) by adding at the end the following new section: 12. Special Rule For State of Maryland and District of Columbia For purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a registrar’s jurisd...
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and the election officials of the State of Maryland, shall be responsible for carrying out this Act with respect to the District of Columbia, except that— (A) section 5 shall apply to motor vehicle driver’s license applications and the motor vehicle authority of the District of Columbia in the same manner as that secti...
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and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section. (B) Conforming amendment Section 3(4) of such Act (42 U.S.C. gg–1(4)) is amended by striking and the District of Columbia. (3) Voting Accessibility for...
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is amended— (i) by redesignating section 8 as section 9; and (ii) by inserting after section 7 the following new section: 8. special rule for state of maryland and district of columbia For purposes of this Act, the following shall apply: (1) The District of Columbia shall be considered a political subdivision of the S...
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(3) The State of Maryland shall be responsible for carrying out this Act with respect to the District of Columbia.. (B) Conforming amendment Section 8(5) of such Act ( 42 U.S.C. 1973ee–6(5) ) is amended by striking the District of Columbia,. (d) Conforming Amendment to Home Rule Act Section 752 of the District of Col...
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Official Code) is amended by striking the period at the end and inserting the following: , except to the extent required under section 5 of the District of Columbia Voting Rights Restoration Act of 2004.. (e) Other Conforming Amendment to District of Columbia Election Law The District of Columbia Elections Code of 195...
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Applicability of Maryland Election Law For Administration of Federal Elections Notwithstanding any other provision of this Code or other law or regulation of the District of Columbia— (1) any election for Federal office in the District of Columbia shall be administered and carried out by the State of Maryland, in acco...
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(f) Effective Date This section and the amendments made by this section shall apply with respect to elections for Federal office occurring during 2006 and any succeeding year. 108. Special Rule for State of Maryland and District of Columbia For purposes of this title, the following shall apply: (1) An absent uniforme...
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(3) The State of Maryland, and the election officials of the State of Maryland, shall be responsible for carrying out the provisions of this title with respect to voters who are residents of the District of Columbia. 12. Special Rule For State of Maryland and District of Columbia For purposes of this Act, the followin...
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and the election officials of the State of Maryland, shall be responsible for carrying out this Act with respect to the District of Columbia, except that— (A) section 5 shall apply to motor vehicle driver’s license applications and the motor vehicle authority of the District of Columbia in the same manner as that secti...