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SECTION 1. MODIFICATIONS OF REPORTING REQUIREMENTS FOR CERTAIN STATE
AND LOCAL POLITICAL ORGANIZATIONS.
(a) Notification.--Paragraph (5) of section 527(i) of the Internal
Revenue Code of 1986 (relating to organizations must notify Secretary
that they are section 527 organizations) is amended by striking ``or''
at the end of subparagraph (A), by striking the period at the end of
subparagraph (B) and inserting ``, or'', and by adding at the end the
following:
``(C) which is a political committee of a State or
local candidate, or a local committee of a political
party, as defined by State law.''.
(b) Exemption for Certain State and Local Political Committees From
Reporting Requirements.--
(1) In general.--Paragraph (5) of section 527(j) of such
Code (relating to required disclosures of expenditures and
contributions) is amended by redesignating subparagraphs (C),
(D), and (E) as subparagraphs (D), (E), and (F), respectively,
and by inserting after subparagraph (B) the following new
subparagraph:
``(C) to any organization which is an exempt State
or local political organization,''.
(2) Exempt state or local political organization.--
Subsection (e) of section 527 of such Code (relating to other
definitions) is amended by adding at the end the following new
paragraph:
``(5) Exempt state or local political organization.--
``(A) In general.--The term `exempt State or local
political organization' means a political
organization--
``(i) which does not engage in any exempt
function other than to influence or to attempt
to influence the selection, nomination,
election, or appointment of any individual to
any State or local public office or office in a
State or local political organization,
``(ii) which is subject to State or local
requirements to submit reports containing
information--
``(I) regarding individual
expenditures from and contributions to
such organization, and
``(II) regarding the person who
makes such contributions or receives
such expenditures,
which is substantially similar to the
information which would otherwise be required
to be reported under this section, and
``(iii) with respect to which the reports
referred to in clause (ii) are made public by
the agency with which such reports are filed
and are publicly available for inspection in a
manner similar to that required by section
6104(d)(1).
``(B) Participation of federal candidate or office
holder.--The term `exempt State or local political
organization' shall not include any organization
otherwise described in subparagraph (A) if a candidate
for nomination or election to Federal elective office
or an individual who holds such office--
``(i) controls or materially participates
in the direction of the organization, or
``(ii) directs, in whole or in part,
expenditures or fundraising activities of the
organization.''.
(c) Annual Return Requirements.--
(1) Income tax returns required only where political
organization taxable income.--Paragraph (6) of section 6012(a)
of such Code (relating to general rule of persons required to
make returns of income) is amended by striking ``or which has
gross receipts of $25,000 or more for the taxable year (other
than an organization to which section 527 applies solely by
reason of subsection (f)(1) of such section)''.
(2) Information returns.--Subsection (g) of section 6033 of
such Code (relating to returns required by political
organizations) is amended to read as follows:
``(g) Returns Required by Political Organizations.--
``(1) In general.--Every political organization (within the
meaning of section 527(e)(1)), and every fund treated under
section 527(g) as if it constituted a political organization,
which has gross receipts of $25,000 or more for the taxable
year shall file a return--
``(A) containing the information required, and
complying with the other requirements, under subsection
(a)(1) for organizations exempt from taxation under
section 501(a), and
``(B) containing such other information as the
Secretary deems necessary to carry out the provisions
of this subsection.
``(2) Exceptions from filing.--
``(A) Mandatory exceptions.--Paragraph (1) shall
not apply to an organization--
``(i) which is an exempt State or local
political organization (as defined in section
527(e)(5)),
``(ii) which is a State or local committee
of a political party, or political committee of
a State or local candidate, as defined by State
law,
``(iii) which is a caucus or association of
State or local elected officials,
``(iv) which is a national association of
State or local officials,
``(v) which is an authorized committee (as
defined in section 301(6) of the Federal
Election Campaign Act of 1971) of a candidate
for Federal office,
``(vi) which is a national committee (as
defined in section 301(14) of the Federal
Election Campaign Act of 1971) of a political
party, or
``(vii) to which section 527 applies for
the taxable year solely by reason of subsection
(f)(1) of such section.
``(B) Discretionary exception.--The Secretary may
relieve any organization required under paragraph (1)
to file an information return from filing such a return
where he determines that such filing is not necessary
to the efficient administration of the internal revenue
laws.''.
(d) Waiver of Penalties.--Section 527 of such Code is amended by
adding at the end the following:
``(k) Authority To Waive.--The Secretary may waive all or any
portion of the--
``(1) tax assessed on an organization by reason of the
failure of the organization to give notice under subsection
(i), or
``(2) penalty imposed under subsection (j) for a failure to
file a report,
on a showing that such failure was due to reasonable cause and not due
to willful neglect.''.
(e) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by Public Law 106-230.
SEC. 2. NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS.
(a) In General.--The Secretary of the Treasury, in consultation
with the Federal Election Commission, shall publicize information on--
(1) the effect of the amendments made by this Act, and
(2) the interaction of requirements to file a notification
or report under section 527 of the Internal Revenue Code of
1986 and reports under the Federal Election Campaign Act of
1971.
(b) Information.--Information provided under subsection (a) shall
be included in any appropriate form, instruction, notice, or other
guidance issued to the public by the Secretary of the Treasury or the
Federal Election Commission regarding reporting requirements of
political organizations (as defined in section 527 of the Internal
Revenue Code of 1986) or reporting requirements under the Federal
Election Campaign Act of 1971.
SEC. 3. TECHNICAL CORRECTIONS TO SECTION 527 ORGANIZATION DISCLOSURE
PROVISIONS.
(a) Unsegregated Funds Not To Avoid Tax.--Paragraph (4) of section
527(i) of the Internal Revenue Code of 1986 (relating to failure to
notify) is amended by adding at the end the following new sentence:
``For purposes of the preceding sentence, the term `exempt function
income' means any amount described in a subparagraph of subsection
(c)(3), whether or not segregated for use for an exempt function.''.
(b) Procedures for Assessment and Collection of Penalty.--Paragraph
(1) of section 527(j) of such Code (relating to required disclosure of
expenditures and contributions) is amended by adding at the end the
following new sentence: ``For purposes of subtitle F, the penalty
imposed by this paragraph shall be assessed and collected in the same
manner as penalties imposed by section 6652(c).''.
(c) Application of Fraud Penalty.--Section 7207 of such Code
(relating to fraudulent returns, statements, and other documents) is
amended by striking ``pursuant to subsection (b) of section 6047 or
pursuant to subsection (d) of section 6104'' and inserting ``pursuant
to section 6047(b), section 6104(d), or subsection (i) or (j) of
section 527''.
(d) Duplicate Electronic and Written Filings Not Required.--
(1) Subparagraph (A) of section 527(i)(1) of such Code is
amended by striking ``, electronically and in writing,''.
(2) Subsection (i) of section 527 of such Code is amended
by adding at the end the following new paragraph:
``(7) Electronic filing.--The Secretary shall develop
procedures for submission in electronic form of notices
required to be filed under this subsection and reports required
to be filed under subsection (j).''.
(e) Effective Dates.--
(1) Subsections (a) and (b).--The amendments made by
subsections (a) and (b) shall apply to failures occurring on or
after the date of the enactment of this Act.
(2) Subsections (c) and (d).--The amendments made by
subsections (c) and (d) shall take effect as if included in the
amendments made by Public Law 106-230. | Amends the Internal Revenue Code to: (1) exempt State and local candidate committees, as well as local committees of political parties, from specified notification requirements; (2) exempt certain State and local political organizations from specified reporting requirements; (3) remove language dictating that certain political organizations with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts shall file income tax returns; (4) mandate that, with certain designated exceptions, every political organization with gross receipts of $25,000 or more for a taxable year and specified political newsletter funds with such receipts file information returns with specified information including income, receipts and disbursements, as well as facts deemed necessary by the Secretary of the Treasury; (5) authorize the Secretary to waive certain related penalties; and (6) amend related penalty provisions. | To amend section 527 of the Internal Revenue Code of 1986 to eliminate reporting and return requirements for State and local candidate committees and to avoid duplicate reporting of campaign-related information. | [
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] |
SECTION 1. SHORT TITLE.
This title may be cited as the ``Temporary Emergency Unemployment
Compensation Act of 2001''.
SEC. 2. FEDERAL-STATE AGREEMENTS.
(a) In General.--Any State which desires to do so may enter into
and participate in an agreement under this title with the Secretary of
Labor (in this title referred to as the ``Secretary''). Any State which
is a party to an agreement under this title may, upon providing 30 days
written notice to the Secretary, terminate such agreement.
(b) Provisions of Agreement.--Any agreement under subsection (a)
shall provide that the State agency of the State will make payments of
temporary emergency unemployment compensation to individuals who--
(1) have exhausted all rights to regular compensation under
the State law;
(2) have no rights to compensation (including both regular
compensation and extended compensation) with respect to a week
under such law or any other State unemployment compensation law
or to compensation under any other Federal law (and are not
paid or entitled to be paid any additional compensation under
any State or Federal law); and
(3) are not receiving compensation with respect to such
week under the unemployment compensation law of Canada.
(c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an
individual shall be deemed to have exhausted such individual's rights
to regular compensation under a State law when--
(1) no payments of regular compensation can be made under
such law because such individual has received all regular
compensation available to such individual based on employment
or wages during such individual's base period; or
(2) such individual's rights to such compensation have been
terminated by reason of the expiration of the benefit year with
respect to which such rights existed.
(d) Weekly Benefit Amount.--For purposes of any agreement under
this title--
(1) the amount of temporary emergency unemployment
compensation which shall be payable to any individual for any
week of total unemployment shall be equal to the amount of the
regular compensation (including dependents' allowances) payable
to such individual during such individual's benefit year under
the State law for a week of total unemployment;
(2) the terms and conditions of the State law which apply
to claims for regular compensation and to the payment thereof
shall apply to claims for temporary emergency unemployment
compensation and the payment thereof, except where inconsistent
with the provisions of this title or with the regulations or
operating instructions of the Secretary promulgated to carry
out this title; and
(3) the maximum amount of temporary emergency unemployment
compensation payable to any individual for whom a temporary
emergency unemployment compensation account is established
under section 3 shall not exceed the amount established in such
account for such individual.
(e) Election by States.--Notwithstanding any other provision of
Federal law (and if State law permits), the Governor of a State is
authorized and may elect to trigger off an extended compensation period
in order to provide payment of temporary emergency unemployment
compensation to individuals who have exhausted their rights to regular
compensation under State law.
SEC. 3. TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) In General.--Any agreement under this title shall provide that
the State will establish, for each eligible individual who files an
application for temporary emergency unemployment compensation, a
temporary emergency unemployment compensation account with respect to
such individual's benefit year.
(b) Amount in Account.--
(1) In general.--The amount established in an account under
subsection (a) shall be equal to 13 times the individual's
average weekly benefit amount for the benefit year.
(2) Reduction for extended benefits.--The amount in an
account under paragraph (1) shall be reduced (but not below
zero) by the aggregate amount of extended compensation (if any)
received by such individual relating to the same benefit year
under the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note).
(3) Weekly benefit amount.--For purposes of this
subsection, an individual's weekly benefit amount for any week
is the amount of regular compensation (including dependents'
allowances) under the State law payable to such individual for
such week for total unemployment.
SEC. 4. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF
TEMPORARY EMERGENCY UNEMPLOYMENT COMPENSATION.
(a) General Rule.--There shall be paid to each State that has
entered into an agreement under this title an amount equal to 100
percent of the temporary emergency unemployment compensation paid to
individuals by the State pursuant to such agreement.
(b) Treatment of Reimbursable Compensation.--No payment shall be
made to any State under this section in respect of any compensation to
the extent the State is entitled to reimbursement in respect of such
compensation under the provisions of any Federal law other than this
title or chapter 85 of title 5, United States Code. A State shall not
be entitled to any reimbursement under such chapter 85 in respect of
any compensation to the extent the State is entitled to reimbursement
under this title in respect of such compensation.
(c) Determination of Amount.--Sums payable to any State by reason
of such State having an agreement under this title shall be payable,
either in advance or by way of reimbursement (as may be determined by
the Secretary), in such amounts as the Secretary estimates the State
will be entitled to receive under this title for each calendar month,
reduced or increased, as the case may be, by any amount by which the
Secretary finds that the Secretary's estimates for any prior calendar
month were greater or less than the amounts which should have been paid
to the State. Such estimates may be made on the basis of such
statistical, sampling, or other method as may be agreed upon by the
Secretary and the State agency of the State involved.
SEC. 5. FINANCING PROVISIONS.
(a) In General.--Funds in the extended unemployment compensation
account (as established by section 905(a) of the Social Security Act
(42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as established by
section 904(a) of such Act (42 U.S.C. 1104(a)) shall be used for the
making of payments to States having agreements entered into under this
title.
(b) Certification.--The Secretary shall from time to time certify
to the Secretary of the Treasury for payment to each State the sums
payable to such State under this title. The Secretary of the Treasury,
prior to audit or settlement by the General Accounting Office, shall
make payments to the State in accordance with such certification, by
transfers from the extended unemployment compensation account (as so
established) to the account of such State in the Unemployment Trust
Fund (as so established).
(c) Assistance to States.--There are appropriated, without fiscal
year limitation, such funds as may be necessary for purposes of
assisting States (as provided in title III of the Social Security Act
(42 U.S.C. 501 et seq.) in meeting the costs of administration of
agreements under this title.
(d) Authorization of Appropriations for Certain Payments.--There
are appropriated from the general fund of the Treasury, without fiscal
year limitation, to the extended unemployment compensation account (as
so established) of the Unemployment Trust Fund (as so established) such
sums as the Secretary estimates to be necessary to make the payments
under this section in respect of--
(1) compensation payable under chapter 85 of title 5,
United States Code; and
(2) compensation payable on the basis of services to which
section 3309(a)(1) of the Internal Revenue Code of 1986
applies.
Amounts appropriated pursuant to the preceding sentence shall not be
required to be repaid.
SEC. 6. FRAUD AND OVERPAYMENTS.
(a) In General.--If an individual knowingly has made, or caused to
be made by another, a false statement or representation of a material
fact, or knowingly has failed, or caused another to fail, to disclose a
material fact, and as a result of such false statement or
representation or of such nondisclosure such individual has received an
amount of temporary emergency unemployment compensation under this
title to which he was not entitled, such individual--
(1) shall be ineligible for further temporary emergency
unemployment compensation under this title in accordance with
the provisions of the applicable State unemployment
compensation law relating to fraud in connection with a claim
for unemployment compensation; and
(2) shall be subject to prosecution under section 1001 of
title 18, United States Code.
(b) Repayment.--In the case of individuals who have received
amounts of temporary emergency unemployment compensation under this
title to which they were not entitled, the State shall require such
individuals to repay the amounts of such emergency unemployment
compensation to the State agency, except that the State agency may
waive such repayment if it determines that--
(1) the payment of such emergency unemployment compensation
was without fault on the part of any such individual; and
(2) such repayment would be contrary to equity and good
conscience.
(c) Recovery by State Agency.--
(1) In general.--The State agency may recover the amount to
be repaid, or any part thereof, by deductions from any
temporary emergency unemployment compensation payable to such
individual under this title or from any unemployment
compensation payable to such individual under any Federal
unemployment compensation law administered by the State agency
or under any other Federal law administered by the State agency
which provides for the payment of any assistance or allowance
with respect to any week of unemployment, during the 3-year
period after the date such individuals received the payment of
the temporary emergency unemployment compensation to which they
were not entitled, except that no single deduction may exceed
50 percent of the weekly benefit amount from which such
deduction is made.
(2) Opportunity for hearing.--No repayment shall be
required, and no deduction shall be made, until a determination
has been made, notice thereof and an opportunity for a fair
hearing has been given to the individual, and the determination
has become final.
(d) Review.--Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only
in that manner and to that extent.
SEC. 7. DEFINITIONS.
In this title, the terms ``compensation'', ``regular
compensation'', ``extended compensation'', ``additional compensation'',
``benefit year'', ``base period'', ``State'', ``State agency'', ``State
law'', and ``week'' have the respective meanings given such terms under
section 205 of the Federal-State Extended Unemployment Compensation Act
of 1970 (26 U.S.C. 3304 note).
SEC. 8. APPLICABILITY.
An agreement entered into under this Act shall apply to weeks of
unemployment--
(1) beginning no earlier than the first day of the first
week beginning after the date on which such agreement is
entered into; and
(2) ending before the date that is 18 months after the date
of enactment of this Act.
SEC. 9. TEMPORARY REDUCTION IN INTEREST RATE APPLICABLE TO REPAYMENTS
OF ADVANCES TO STATE UNEMPLOYMENT FUNDS.
With respect to advances made to a State under section 1201 of the
Social Security Act (42 U.S.C. 1321) during the period beginning on the
date of enactment of this Act and ending on the date that is 18 months
after such date of enactment, the rate of interest paid by a State on
such an advance shall be determined under section 1202(b)(4) of the
such Act (42 U.S.C. 1322(b)(4)) by substituting ``5 percent'' for ``10
percent'' in the matter preceding subparagraph (A). | Temporary Emergency Unemployment Compensation Act of 2001 - Provides for a program of temporary emergency unemployment compensation (TEUC).Sets forth TEUC program requirements for Federal-State agreements, formulas for determining amounts in individual TEUC accounts and weekly benefits, payments to States, and financing. Includes among eligibility requirements an individual's not having rights, with respect to a week, to other compensation (including both regular and extended compensation). Reduces an individual TEUC account by the aggregate amount of any extended compensation for the same benefit year.Applies TEUC agreements to weeks of unemployment: (1) beginning on or after the first day of the first week after the date on which such agreement is entered into; and (2) ending before the date that is 18 months after enactment of this Act.Provides for a temporary reduction in the interest rate applicable to repayments of advances to State unemployment funds. | A bill to provide for a program of temporary enhanced unemployment benefits. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Combating Climate Change Through
Individual Action Act of 2008''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Agricultural, grassland, and forestry practices play an
essential role in capturing atmospheric carbon and sequestering
it as soil organic matter.
(2) Released carbon can be captured through improved
grassland management, tree planting, forest preservation, and
enhanced agronomic and irrigation practices.
(3) Promoting increased natural carbon sinks could have a
significant impact on the world's projected carbon emissions
from the burning of fossil fuels.
(4) Certain agricultural and forestry practices can reduce
greenhouse gases: (A) avoiding emissions by maintaining
existing carbon storage in trees and soils; (B) increasing
carbon storage by, e.g., tree planting, conversion from
conventional to conservation tillage practices on agricultural
lands;
(5) The large potentials exist through known cropping and
land management practices such as adoption of no-till, reduced
fallow and use of cover crops, and conservation set-asides with
perennial grasses and trees.
SEC. 3. CARBON SEQUESTRATION AND SOIL CONSERVATION CREDIT.
(a) In General.--Subpart D of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to business related
credits) is amended by adding at the end the following new section:
``SEC. 45O. CARBON SEQUESTRATION AND SOIL CONSERVATION.
``(a) In General.--For purposes of section 38, in the case of a
taxpayer engaged in the business of farming, the credit determined
under this section for the taxable year is an amount equal to 30
percent of the qualified carbon sequestration and soil conservation
expenditures for the taxable year which are paid or incurred with
respect to the land used in such farming.
``(b) Limitation.--The credit allowed with respect to a taxpayer
under this section for a taxable year shall not exceed an amount equal
to $10,000, reduced by the sum of the credits allowed with respect to
the taxpayer under subsection (a) for all preceding taxable years.
``(c) Qualified Carbon Sequestration and Soil Conservation
Expenses.--For purposes of this section--
``(1) In general.--The term `qualified carbon sequestration
and soil conservation expenditures' means amounts paid or
incurred to sequester carbon and conserve soil, including--
``(A) expenditures described in section 175(c),
``(B) conservation tillage expenditures,
``(C) cover cropping expenditures,
``(D) amounts paid or incurred to increase the
nitrogen use efficiency (other than use of nitrogen
fertilizers) of land used in farming, and
``(E) amounts paid or incurred for multiple year
rotations, including introduction of a perennial that
reduces carbon loss and tillage, builds soil tilth, and
increases carbon capture capacity.
``(2) Conservation tillage expenditures.--The term
`conservation tillage expenditures' means any expenditures paid
or incurred for a tilling and planting method in which at least
30 percent of the previous crop residue remains on the soil
after planting the current crop. Such term includes the
following tilling practices: no till, ridge till, minimum till,
and mulch till.
``(3) Cover cropping expenditures.--The term `cover
cropping expenditures' means expenditures paid or incurred for
the preparation and seeding of land for any grass, legume, or
small grain--
``(A) which is not the primary crop of the
taxpayer,
``(B) the primary purpose of which is to achieve
one or more of the following: reduction in erosion;
maintenance or improvement in soil fertility, tilth,
and structure,
``(C) a purpose of which may be interruption of
pest cycles or conservation of water.
``(d) Per Acre Credit Alternative.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Secretary shall, in
consultation with the Secretary of Agriculture, establish an
alternative procedure for determining the credit under
subsection (a), which, at the election of the taxpayer, shall
be treated as the amount determined under subsection (a).
``(2) Procedure described.--(A) The Secretary shall
establish credit amounts to apply to land used in farming on a
per acre basis with respect to each method of carbon
sequestration and soil conservation described in subsection
(c)(1).
``(B) Such credit amounts shall be based on the efficacy of
the method in sequestering carbon and preventing soil erosion.
``(C) No such credit amount may exceed $15 per acre.
``(D) The Secretary shall prescribe rules similar to the
rules of paragraphs (1) through (4) of subsection (e) to apply
for purposes of the procedure established under this
subsection.
``(3) Election.--An election to use such alternative method
shall be made in such form and manner as the Secretary may
prescribe, and shall apply to the taxable year for which made
and for all subsequent taxable years.
``(e) Definition and Special Rules.--
``(1) Land used in farming.--For purposes of this section,
land shall be treated as used in farming only if such land is
used (before or simultaneously with the expenditures described
in subsection (c)(1)) by the taxpayer or his tenant for the
production of crops, fruits, or other agricultural products or
for the sustenance of livestock.
``(2) Expenditures must be consistent with soil
conservation plan.--Notwithstanding any other provision of this
section, subsection (a) shall not apply to any expenditures
unless such expenditures are consistent with--
``(A) the plan (if any) approved by the Soil
Conservation Service of the Department of Agriculture
for the area in which the land is located, or
``(B) if there is no plan described in clause (i),
any soil conservation plan of a comparable State
agency.
``(3) Basis adjustment.--For purposes of this subtitle, if
a credit is determined under this section for any expenditure
with respect to any property, the increase in the basis of such
property which would (but for this paragraph) result from such
expenditure shall be reduced by the amount of the credit so
determined.
``(4) Denial of double benefit.--No deduction or other
credit shall be allowed under this chapter for any amount taken
into account in determining the credit under this section.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2013.''.
(b) Credit Made Part of General Business Credit.--Subsection (b) of
section 38 of such Code (relating to current year business credit) is
amended by striking ``plus'' at the end of paragraph (30), by striking
the period at the end of paragraph (31) and inserting ``plus'', and by
adding at the end the following new paragraph:
``(32) the carbon sequestration and soil conservation
credit determined under section 45O(a).''.
(c) Conforming Amendments.--Subsection (a) of section 1016 of such
Code (relating to adjustments to basis) is amended by striking ``and''
at the end of paragraph (35), by striking the period at the end of
paragraph (36) and inserting ``and'', and by adding at the end the
following new paragraph:
``(37) to the extent provided in section 45O(e).''.
(d) Clerical Amendment.--The table of sections for subpart D of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:
``Sec. 45O. Carbon sequestration and soil conservation.''.
(e) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after December 31, 2008.
SEC. 4. QUALIFYING PLANTING EXPENDITURE CREDIT.
(a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:
``SEC. 30D. QUALIFIED PLANTING EXPENDITURE CREDIT.
``(a) Allowance of Credit.--There shall be allowed as a credit
against the tax imposed by this chapter for the taxable year an amount
equal to 10 percent of the qualified planting expenditures of the
taxpayer for the taxable year.
``(b) Limitations.--The amount taken into account under subsection
(a) for any taxable year shall not exceed--
``(1) in the case of expenditures paid or incurred by the
taxpayer with respect to an area which is included under
section 121 as part of the taxpayer's principal residence,
$5,000,
``(2) in the case of expenditures paid or incurred by the
taxpayer in the course of, or with respect to, a trade or
business carried on by the taxpayer, $50,000, and
``(3) in any other case, zero.
``(c) Qualified Planting Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualifying planting
expenditures' means expenditures paid or incurred--
``(A) for the purchase and planting of any tree,
plant, shrub, or bush which meets the requirements of
paragraph (2), and
``(B) for the purchase and installation of a
vegetated roof system.
Such term shall not include expenditures relating to any
property which is held by the taxpayer for use in a trade or
business or for the production of income, or which is property
described in section 1221(a)(1) in the hands of the taxpayer.
``(2) Trees, plants, shrubs, or bushes.--A tree, plant,
shrub, or bush satisfies the requirements of the paragraph if
such tree, plant, shrub, or bush is certified, in accordance
with guidance prescribed by the Secretary (after consultation
with the Administrator of the Environmental Protection Agency
and the Secretary of Agriculture), to be quick-growing,
appropriate for the region in which it is planted, and
effective in capturing carbon.
``(3) Vegetated roof system.--The term `vegetated roof
system' means a system by which vegetation growing in a
substrate is integrated with the roof (or portion thereof) of a
building owned by the taxpayer.
``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
``(1) the regular tax liability (as defined in section
26(b)) reduced by the sum of the credits allowable under
subpart A and sections 27, 30, 30B, and 30C, over
``(2) the tentative minimum tax for the taxable year.
``(e) Definition and Special Rules.--For purposes of this section--
``(1) Principal residence.--The term `principal residence'
has the same meaning as when used in section 121, except that
no ownership requirement shall be imposed.
``(2) Joint occupancy, cooperative housing corporations,
and condominium management associations.--Rules similar to the
rules of paragraphs (4), (5), and (6) of section 25D(e) shall
apply.
``(3) Expenditures outside united states.--The credit under
this section shall not be allowed with respect to expenditures
paid or incurred for areas located outside the United States.
``(4) Basis adjustment.--For purposes of this subtitle, if
a credit is allowed under this section for an expenditure, the
increase in basis which would result (but for this subsection)
from such expenditure shall be reduced by the amount of credit
allowed under this section.
``(f) Termination.--This section shall not apply to taxable years
beginning after December 31, 2013.''.
(b) Conforming Amendments.--
(1) Subsection (a) of section 1016, as amended by section
3, is amended by striking ``and'' at the end of paragraph (36),
by striking the period at the end of paragraph (37) and
inserting ``and'', and by adding at the end the following new
paragraph:
``(38) to the extent provided in section 30D(e)(4).''.
(2) The table of sections for subpart B of part IV of
subchapter A of chapter 1 of such Code is amended by inserting
after the item relating to section 30C the following new item:
``Sec. 30D. Qualified planting expenditure credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to expenditures paid or incurred after December 31, 2008.
SEC. 5. GRASSLAND, RANGELAND, AND FOREST CONSERVATION CREDIT.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of the Treasury, in consultation
with the Department of Agriculture, shall establish an appropriate tax
credit, with respect to land located in the United States, for--
(1) the conversion of cropland to pasture for grazing
purposes or to grassland or rangeland, and
(2) reforestation and afforestation of land--
(A) which is not held by the taxpayer for the
planting, cultivating, caring for, and cutting of trees
for sale or use in the commercial production of timber
products, and
(B) with trees which are not held by the taxpayer
for use in a trade or business or for the production of
income.
(b) Other Rules Relating to Credit.--
(1) Credit to be per acre.--The Secretary shall establish
credit amounts to apply to land on a per acre basis with
respect to each method of conservation described in subsection
(a).
(2) Pursuant to approved plan.--Such methods must be
pursuant to a plan submitted by the taxpayer and approved by
the Secretaries of the Treasury and Agriculture.
(3) Basis for credit amounts.--Credit amount shall be based
on--
(A) the efficacy of the method in sequestering
carbon and preventing soil erosion,
(B) the expenditures relating to such method, and
(C) the number of years the taxpayer certifies to
the Secretary or ensures (by conservation easement or
otherwise) that the applicable land will remain subject
to the approved plan.
(4) Recapture.--The Secretary shall provide for recapturing
the benefit of any credit allowed under this section with
respect to any property that ceases to be used in accordance
with the approved plan.
(5) Denial of double benefit and basis adjustment.--The
Secretary shall provide--
(A) an appropriate basis adjustment for property
with respect to which such credit is allowed, and
(B) rules disallowing such deductions and other
credits as may be appropriate to avoid allowing
additional tax benefits for the same conservation
method or expenses.
(c) Effective Date.--The credit established by the Secretary shall
apply to taxable years beginning after December 31, 2008.
SEC. 6. CARBON SEQUESTRATION CREDIT REPORT.
(a) In General.--In the case of any substantial change in the
carbon sequestration market (including the enactment into law of a
carbon cap and trade program), the Secretary of the Treasury shall, in
consultation with any appropriate Federal officers, study such change
and any effect of such change on the efficiency of, and need for, the
credits allowed under section 5 of this Act and sections 45O and 30D of
the Internal Revenue Code of 1986.
(b) Report.--As soon as practicable after sufficient opportunity to
observe the effect of such change in the carbon sequestration market,
the Secretary shall submit a report to Congress containing the results
of the study conducted under subsection (a) and any recommendations of
the Secretary for modifying such credits based on such results. | Combating Climate Change Through Individual Action Act of 2008 - Amends the Internal Revenue Code to allow tax credits for: (1) 30% of carbon sequestration and soil conservation expenditures made by taxpayers engaged in the business of farming; (2) 10% of qualifying planting expenditures, including expenditures for the purchase and planting of any tree, plant, shrub, or bush, and the purchase and installation of a vegetated roof system; (3) the conversion of cropland to pasture for grazing purposes or to grassland or rangeland; and (4) certain types of reforestation and afforestation of land. | To amend the Internal Revenue Code of 1986 to provide incentives for carbon sequestration. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Lower Colorado River Multi-Species
Conservation Program Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Lower colorado river multi-species conservation
program.--The term ``Lower Colorado River Multi-Species
Conservation Program'' or ``LCR MSCP'' means the cooperative
effort on the Lower Colorado River between Federal and non-
Federal entities in Arizona, California, and Nevada approved by
the Secretary of the Interior on April 2, 2005.
(2) Lower colorado river.--The term ``Lower Colorado
River'' means the Colorado River from Lake Mead to the
Southerly International Boundary with Mexico, including its
historic floodplain and its mainstem reservoirs to their full
pool elevations.
(3) Program documents.--The term ``Program Documents''
means the Habitat Conservation Plan, Biological Assessment and
Biological and Conference Opinion, Environmental Impact
Statement/Environmental Impact Report, Funding and Management
Agreement, Implementing Agreement, and Section 10(a)(1)(B)
Permit issued and, as applicable, executed in connection with
the LCR MSCP.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means each of the States of
Arizona, California, and Nevada.
(6) Steering committee.--The term ``Steering Committee''
means the LCR MSCP steering committee established pursuant to
the Program Documents.
SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING.
(a) Implementation.--The Secretary shall manage and implement the
LCR MSCP in accordance with the Program Documents.
(b) Water Accounting.--The Secretary is authorized and directed to
enter into an agreement with the States providing for the use of water
from the Lower Colorado River for habitat creation and maintenance in
accordance with the Program Documents.
SEC. 4. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary such sums as may be necessary to meet the obligations of the
Secretary under the Program Documents, to remain available until
expended.
(b) Investments.--The Secretary is authorized to invest with the
Secretary of the Treasury such portions of appropriations, and any non-
Federal contributions made pursuant to the Program Documents, as are
not, in the judgment of the Secretary, required to meet current
expenditures. Such investments shall be made only in interest-bearing
obligations of the United States. Funds invested under this subsection
and interest on those funds shall be available to the Secretary to meet
the obligations of the Secretary under the Program Documents.
(c) Non-Reimbursable and Non-Returnable.--All amounts appropriated
to and expended by the Secretary for the LCR MSCP shall be non-
reimbursable and non-returnable.
SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY OF
PROGRAM DOCUMENTS.
(a) In General.--Nothing in this Act shall impair any right to the
delivery or beneficial consumptive use of Colorado River water under
any compact, treaty, law, decree, or contract in effect on the date of
enactment of this Act.
(b) Continuity of Program Documents.--No future act of Congress
relating to Public Law 93-205 (16 U.S.C. 1531 et seq.) shall have the
effect of modifying the Program Documents unless expressly made
applicable to the LCR MSCP.
(c) Enforceability of Program Documents.--Any party to any
agreement entered into with the United States or any agency thereof
pursuant to the LCR MSCP may commence a civil action in United States
district court to enforce the agreement or to declare the rights and
obligations of the parties under the Program Documents. The district
court shall have jurisdiction of such actions and may issue such
orders, judgments, and decrees as are consistent with the court's
exercise of jurisdiction under this section. The United States or any
agency thereof may be named as a defendant in such actions. The
sovereign immunity of the United States is waived for purposes of
actions commenced pursuant to this section. Nothing in this section
waives the sovereign immunity of the United States to claims for money
damages, monetary compensation, the provision of indemnity, or any
claim seeking money from the United States. Any suit pursuant to this
section may be brought in any United States district court in the State
in which any non-Federal party to the suit is situated.
(d) Applicable Law.--Nothing in this Act affects the enforceability
of the requirement that the Program Documents comply with existing law
as of April 2, 2005, except that the Steering Committee shall not be
subject to the Federal Advisory Committee Act (5 U.S.C. App.). | Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement (Agreement).
Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in U.S. district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action. | A bill to authorize appropriations for the Bureau of Reclamation to carry out the Lower Colorado River Multi-Species Conservation Program in the States of Arizona, California, and Nevada, and for other purposes. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Clearwater Basin Project Act''.
SEC. 2. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Advisory panel.--The term ``advisory panel'' means the
Clearwater Advisory Panel, established by the Secretary under
section 3.
(2) Pilot project.--The term ``pilot project'' means the
Clearwater Basin Pilot Project authorized by section 4.
(3) Pilot project area.--The term ``pilot project area''
means the area described in section 4(a) in which the pilot
project will be conducted.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Stewardship contract.--The term ``stewardship
contract'' means a contract to achieve land management goals
for National Forest System lands as described in section 347 of
the Department of Interior and Related Agencies Appropriations
Act, 1999 (16 U.S.C. 2104 note).
(6) Stewardship objectives.--The term ``stewardship
objectives'' means objectives that enhance forest ecosystems,
and restore and improve land health water quality such as--
(A) road, trail, and infrastructure maintenance or
obliteration;
(B) soil productivity improvement;
(C) improvements in forest ecosystem health;
(D) watershed restoration and maintenance;
(E) restoration, maintenance and improvement of
wildlife and fish habitat;
(F) control of noxious weeds; and
(G) reestablishment of native species.
SEC. 3. CLEARWATER ADVISORY PANEL.
(a) Establishment and Purpose.--The Secretary shall establish an
advisory group, to be known as the ``Clearwater Advisory Panel'', for
the purpose of improving collaborative relationships and providing
advice and recommendations to the Forest Service regarding the
Clearwater Basin pilot project and activities under the pilot project,
as authorized by and consistent with this Act.
(b) Duties.--The advisory panel shall--
(1) review and make recommendations to the Forest Service
regarding activities proposed for high priority implementation
as part of the pilot project;
(2) provide early and continuous coordination with
appropriate Forest Service and other agency officials in
reviewing and recommending activities for high priority
implementation; and
(3) provide frequent opportunities for citizens,
organizations, tribes, agencies, and other interested parties
to participate in all stages of the activity schedule
development process.
(c) Appointment of Members.--
(1) Appointment and term.--No later than 90 days after the
date of enactment of this Act, and consistent with subsection
(d), the Secretary shall appoint the members of the advisory
panel and each member shall serve without compensation for a
term of three years beginning on the date of appointment. The
Secretary may reappoint members to subsequent three-year terms.
(2) Vacancies.--The Secretary shall make appointments to
fill vacancies on the advisory panel as soon as practicable
after the vacancy has occurred.
(d) Composition of Advisory Panel.--The advisory panel shall
be comprised of 15 members who shall be representative of the interests
of the following categories:
(1) Category i.--
(A) organized labor;
(B) developed outdoor recreation, off highway
vehicle users, or commercial recreation activities;
(C) energy and mineral development interests;
(D) commercial timber industry; and
(E) Federal grazing permit holders, or other land
use permit holders within the pilot project area.
(2) Category ii.--
(A) national environmental organizations;
(B) regional or local environmental organizations;
(C) dispersed recreational activities;
(D) archaeological and historical interests; and
(E) national or regional fish and wildlife interest
groups.
(3) Category iii.--
(A) State elected officeholders or their designee;
(B) county or local elected officeholders;
(C) Indian Tribes within or adjacent to the pilot
project area;
(D) school officials or teachers; and
(E) the affected public at large.
(4) Balanced representation.--The Secretary shall provide
for balanced representation from among the categories described
in paragraphs (1), (2), and (3).
(5) Geographic distribution.--The members of the advisory
panel shall reside within the State of Idaho, and to the extent
practicable, within or adjacent to the pilot project area.
(e) Approval Procedures.--
(1) Establishment.--Subject to paragraph (2) and the other
requirements of this Act, the advisory panel shall establish
procedures for proposing, developing, and reviewing activities
and schedules for recommendation to the Forest Service for
approval and implementation under the pilot project. A majority
must be present to constitute an official meeting of the
advisory panel.
(2) Majority vote.--An activity or schedule may be
recommended by the advisory panel to the applicable Forest
Supervisor for approval and implementation under the pilot
program if it is approved by a majority of the advisory panel
members from each of the three categories described in
subsection (d).
(f) Other Authorities and Requirements.--
(1) Chairperson.--A majority of the advisory panel shall
select a chairperson.
(2) Staff assistance.--The Secretary may provide staff
assistance to the advisory panel from employees under the
jurisdiction of the Secretary.
(3) Meetings.--All meetings of the advisory panel shall be
announced at least one week in advance in a local newspaper of
record and shall be open to the public. Records of the meetings
shall be retained and made available for public inspection.
SEC. 4 CLEARWATER BASIN PILOT PROJECT.
(a) Pilot Project Authorized.--The Secretary may conduct a pilot
project under this section, to be known as the ``Clearwater Basin pilot
project'', on those National Forest System land encompassed by the
North Fork, Powell, and Lochsa Ranger Districts of the Clearwater
National Forest in the State of Idaho, and the Red River/Elk City,
Moose Creek and Clearwater Ranger Districts of the Nez Perce National
Forest in the State of Idaho.
(b) Role of Advisory Panel.--The advisory panel shall review and
recommend activities for high priority implementation of stewardship
objectives within the pilot project area, for which funding is
authorized under this Act or other laws.
(c) Stewardship Contracts.--A total of three stewardship contracts
are authorized for recommendation by the advisory panel and for
approval and implementation in accordance with, and to achieve the
purposes of, the pilot project. These contracts are in addition to any
stewardship contracts authorized under any other law.
(d) Activity Schedules.--
(1) Development.--Within two years after the date of the
enactment of this Act, the advisory panel shall develop and
submit for Forest Supervisor review schedules of high priority
activities to be commenced within the pilot project area for
the ensuing five-year period. Separate schedules shall be developed for
the Clearwater National Forest portion of the pilot project area.
Thereafter, the advisory panel shall develop and submit in advance
schedules for subsequent five-year periods.
(2) Consultation.--The advisory panel shall develop each
five-year schedule in consultation with, and with technical
assistance from, the applicable Forest Supervisor and the Nez
Perce Tribe. The Forest Service shall ensure that the
activities in the schedules are consistent with treaty and any
other obligations to the Tribe.
(3) Content.--Each five-year schedule shall be in
sufficient detail to describe the high priority activities to
be conducted in the pilot project area over the five-year
period and the timing for their implementation, and to allow
reasonable site-specific, project-level evaluation of their
environmental effects. The scope of the activities included in
each schedule shall be reasonably adjusted to the extent that
the advisory panel and applicable Forest Supervisor determine
necessary to allow such evaluation to be completed within the
time periods provided by this Act.
(4) Consistency with forest plan.--The activities included
within the five-year schedules shall be consistent with the
applicable forest land and resource management plan. The
schedule may include any amendment of the applicable forest
land and resource management plan that the advisory panel
recommends or that the applicable Forest Supervisor determines
is necessary to allow or facilitate implementation of one or
more activities in the schedule.
(f) NEPA Requirements and Related Procedures.--
(1) Process.--The Forest Service shall conduct any
applicable procedures under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) for the approval of the
activities in each five-year schedule, tiered to the
environmental impact statement for the applicable forest land
and resource management plan. The procedures under such Act,
and any review, consultation, or coordination under other laws,
including the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.), Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.) and National Historic
Preservation Act (16 U.S.C. 470), shall be completed within one
year after the Forest Service, in consultation with the North
Central Idaho resource advisory committee, issues the public
scoping notice regarding the proposed schedule.
(2) Resources.--The Forest Service, and any other Federal
agencies involved in the process described in paragraph (1),
shall provide sufficient personnel and other resources,
directly or through contracting, to complete the review,
consultation, or coordination within the required one-year
period, and without substantially delaying implementation of
other forest management activities in Region 1 of the Forest
Service. The Forest Service and other involved agencies may
rely upon or use any analysis, documents, or procedures
previously performed under the National Environmental Policy
Act of 1969 or other law for any activity in the schedule.
(3) Effect of failure to complete process.--If any review,
consultation, or coordination required under the National
Environmental Policy Act of 1969 or other law has not been
completed for a schedule within the required one-year period,
the lack of completion shall not be a basis for challenging or
delaying submittal, approval, or implementation of an activity
in the schedule, if the applicable Forest Supervisor, in
consultation with the advisory panel, finds that sufficient
review, consultation, and coordination regarding the activity
has occurred and a sufficient record exists to make a reasoned
decision regarding approval of the activity.
(g) Review by Forest Supervisor.--
(1) Submission.--The advisory panel shall submit a final
recommendation regarding each five-year schedule, together with
the record of the review, consultation, and coordination
performed under subsection (f) for the schedule, to the
applicable Forest Supervisor for review. The final
recommendation and record shall be submitted to the Forest
Supervisor at least 30 days in advance of the date for
commencing implementation of activities under the schedule.
(2) Review.--Within 30 days after receiving the schedule
and record from the advisory panel, the Forest Supervisor shall
issue a project or activity decision document regarding review
of the recommended schedule in accordance with the National
Environmental Policy Act of 1969 and any other applicable
procedures. In the decision document, the Forest Supervisor may
approve the schedule, or disapprove the schedule and return it
to the advisory panel for further consideration with
instructions. If the Forest Supervisor has not issued a
decision document upon expiration of the 30-day period, the schedule
shall be deemed approved by the Forest Supervisor and subject to
administrative appeal under Department of Agriculture procedures
applicable to Forest Service project or activity record of decision or
decision notice documents issued pursuant to the National Environmental
Policy Act of 1969.
(h) Implementation.--Upon approval of the schedule, but subject to
any stay that may be in effect pursuant to Forest Service project or
activity administrative appeal procedures, the Forest Service may issue
any permits, contracts, or other authorizations for activities in the
schedule without further review, consultation, or coordination under
the National Environmental Policy Act of 1969 or other laws.
(i) Activities Not Included in a 5-Year Schedule; Amendment of
Schedule.--An activity that the advisory panel determines should
proceed in advance of approval of the first five-year schedule, or an
activity in the pilot project area that is not included in a five-year
schedule, may be approved and implemented on an individual or group
basis, upon completing the process and requirements for review and
approval of a five-year schedule. A five-year schedule may be amended
upon completed the process and requirements for review and approval of
the schedule.
(j) Relation to Other Schedules, Plans, and Activities.--The five-
year schedules and activities authorized under the pilot project shall
supplement other schedules plans and projects or other activities
authorized and implemented under other law. Upon advisory panel
recommendation and applicable Forest Supervisor approval, an activity
that is included in another schedule or plan or proposed, authorized,
or funded under other law may be authorized and implemented as an
activity under the pilot project, if the activity meets the
requirements of this section for implementation as a high priority
activity.
SEC. 5. MONITORING AND REPORTING REQUIREMENTS.
(a) Report on Applicable Rules and Regulations.--The advisory panel
may submit to the Secretary, the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the House of
Representatives a compilation of regulations applicable to the pilot
project that the advisory panel determines are inappropriate for the
pilot project, incompatible with the pilot project, or unduly
burdensome in conducting the pilot project.
(b) Monitoring; Annual Report on the Project.--The Secretary shall
monitor the activities and achievement in the pilot project area under
the pilot project. Not later than two years after the date of the
enactment of this Act, and each year thereafter during the pilot
project, the Secretary shall submit a report to the Committee on Energy
and Natural Resources of the Senate and the Committee on Resources of
the House of Representatives on the results of such monitoring,
including detailed information on the sources and uses of funds and the
status, outputs, and other results accomplished for each activity
recommended for priority implementation by the advisory panel under the
pilot project.
(c) State of Idaho Report.--The Secretary shall request the State
of Idaho, through the University of Idaho College of Natural Resource
or other source, to prepare a report reviewing the activities and
achievements of the pilot project in the pilot project area. The
Secretary shall request the State to prepare and submit the report at
five-year intervals to the Secretary, the Committee on Energy and
Natural Resources of the Senate, and the Committee on Resources of the
House of Representatives. The requested report should include an
assessment of whether, and to what extent, the activities conducted
under the pilot project are meeting or enhancing the accomplishment of
stewardship objectives.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary, through fiscal year 2012, such sums as
may be necessary for the following purposes:
(1) Developing, submitting, reviewing, and implementing
five-year schedules and priority activities under the pilot
project, including the stewardship contracts authorized by this
Act.
(2) Other advisory panel activities and technical
assistance to the advisory panel for the purposes of the pilot
project.
(3) Monitoring and reporting requirements under section 5.
(4) Such other actions as are necessary to implement this
Act.
(b) Availability.--Amount appropriated for the purposes specified
in subsection (a) shall remain available until expended.
(c) Treatment of Receipts.--Notwithstanding the Secure Rural
Schools and Community Self-Determination Act of 2000 (Public Law 106-
393; 16 U.S.C. 500 note), any moneys received by the Forest Service
from activities approved and implemented under the pilot project shall
be distributed in accordance with the sixth paragraph under the heading
``Forest Service'' in the Act of May 23, 1908 (16 U.S.C. 500).
SEC. 7. SEVERABILITY.
If any provisions of this Act or the application of this Act to any
person or circumstances is held to be invalid, the validity of the
remainder of this Act and of the application of such provision to other
persons and circumstances shall not be affected. | Clearwater Basin Project Act - Directs the Secretary of Agriculture to establish and maintain the Clearwater Advisory Panel (CAP), which shall provide advice and recommendations to the Forest Service regarding the Clearwater Basin pilot project (the Project) within the Clearwater and Nez Perce National Forests, Idaho. States that the CAP shall: (1) make recommendations regarding activities for high priority implementation; (2) provide early and continuous coordination with Federal officials; and (3) provide for public input into its proceedings.Authorizes the Secretary to conduct the Project. Directs the CAP, in consultation with and receiving technical assistance from the applicable Forest Supervisor, to develop and submit for approval from the Forest Supervisor five-year schedules of high priority activities for the Project (with separate schedules for each Forest). Requires that the activities included in such schedules be consistent with the applicable forest land and resource management plan. Directs the Forest Service to complete any applicable National Environmental Policy Act (NEPA) procedures for the approval of the activities at the site-specific, project level. Directs the CAP to consult with the Nez Perce Tribe in developing and recommending each schedule.Directs the Forest Supervisor to issue a project or activity decision document regarding approval of the recommended schedule in accordance with NEPA and other applicable procedures.Provides for the schedules and activities authorized under this section to supplement certain other schedules, plans, and projects or other activities authorized and implemented under other law. | A bill to provide for enhanced collaborative forest stewardship management within the Clearwater and Nez Perce National Forests in Idaho, and for other purposes. | [
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] |
SECTION 1. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.
(a) Short Title.--This Act may be cited as the ``Veterans Programs
Improvement Act of 2003''.
(b) References.--Except as otherwise expressly provided, wherever
in this Act an amendment is expressed in terms of an amendment to a
section or other provision, the reference shall be considered to be
made to a section or other provision of title 38, United States Code.
SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND
INDEMNITY COMPENSATION.
(a) Rate Adjustment.--The Secretary of Veterans Affairs shall,
effective on December 1, 2003, increase the dollar amounts in effect
for the payment of disability compensation and dependency and indemnity
compensation by the Secretary, as specified in subsection (b).
(b) Amounts To Be Increased.--The dollar amounts to be increased
pursuant to subsection (a) are the following:
(1) Compensation.--Each of the dollar amounts in effect
under section 1114.
(2) Additional compensation for dependents.--Each of the
dollar amounts in effect under section 1115(1).
(3) Clothing allowance.--The dollar amount in effect under
section 1162.
(4) New dic rates.--Each of the dollar amounts in effect
under paragraphs (1) and (2) of section 1311(a).
(5) Old dic rates.--Each of the dollar amounts in effect
under section 1311(a)(3).
(6) Additional dic for surviving spouses with minor
children.--The dollar amount in effect under section 1311(b);
(7) Additional dic for disability.--Each of the dollar
amounts in effect under subsections (c) and (d) of section
1311.
(8) DIC for dependent children.--Each of the dollar amounts
in effect under sections 1313(a) and 1314.
(c) Determination of Increase.--
(1) The increase under subsection (a) shall be made in the
dollar amounts specified in subsection (b) as in effect on
November 30, 2003.
(2) Except as provided in paragraph (3), each such amount
shall be increased by the same percentage as the percentage by
which benefit amounts payable under title II of the Social
Security Act (42 U.S.C. 401 et seq.) are increased effective
December 1, 2003, as a result of a determination under section
215(i) of such Act (42 U.S.C. 415(i)).
(3) Each dollar amount increased pursuant to paragraph (2)
shall, if not a whole dollar amount, be rounded down to the
next lower whole dollar amount.
(d) Special Rule.--The Secretary may adjust administratively,
consistent with the increases made under subsection (a), the rates of
disability compensation payable to persons within the purview of
section 10 of Public Law No. 85-857 (72 Stat. 1263) who are not in
receipt of compensation payable pursuant to chapter 11 of title 38,
United States Code.
(e) Publication of Adjusted Rates.--At the same time as the matters
specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C.
415(i)(2)(D)) are required to be published by reason of a determination
made under section 215(i) of such Act during fiscal year 2004, the
Secretary of Veterans Affairs shall publish in the Federal Register the
amounts specified in subsection (b) as increased pursuant to subsection
(a).
SEC. 3. REPEAL OF 45-DAY RULE FOR EFFECTIVE DATE OF AWARD OF DEATH
PENSION.
Subsection (d) of section 5110 is amended--
(1) by striking the designation ``(1)'';
(2) by striking ``death compensation or dependency and
indemnity compensation'' and inserting ``death compensation,
dependency and indemnity compensation, or death pension''; and
(3) by striking paragraph (2).
SEC. 4. EXCLUSION OF LUMP-SUM LIFE INSURANCE PROCEEDS FROM
DETERMINATIONS OF ANNUAL INCOME FOR PENSION PURPOSES.
Subsection (a) of section 1503 is amended--
(1) by striking ``and'' at the end of paragraph (9);
(2) by striking ``materials.'' at the end of paragraph
(10)(B) and inserting ``materials; and''; and
(3) by adding at the end the following new paragraph:
``(11) lump-sum proceeds of any life insurance policy or
policies on a veteran, for purposes of pension under subchapter
III of this chapter.''.
SEC. 5. CLARIFICATION OF PROHIBITION ON PAYMENT OF COMPENSATION FOR
ALCOHOL OR DRUG-RELATED DISABILITY.
(a) Clarification.--Chapter 11 is amended--
(1) in section 1110, by striking ``drugs.'' and inserting
``drugs, even if the abuse is secondary to a service-connected
disability.''; and
(2) in section 1131, by striking ``drugs.'' and inserting
``drugs, even if the abuse is secondary to a service-connected
disability.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to any claim--
(1) filed on or after the date of enactment of this Act; or
(2) filed before the date of enactment of this Act and not
finally decided as of that date.
SEC. 6. ALTERNATIVE BENEFICIARIES FOR NATIONAL SERVICE LIFE INSURANCE
AND UNITED STATES GOVERNMENT LIFE INSURANCE.
(a) National Service Life Insurance.--
(1) Section 1917 is amended by adding at the end the
following new subsection:
``(f)(1) Following the death of the insured and in a case not
covered by subsection (d)--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may be
made to another beneficiary designated by the insured, in the
order of precedence as designated by the insured, as if the
first beneficiary had predeceased the insured; and
``(B) if, within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a bar to
recovery by any other person.''.
(b) United States Government Life Insurance.--Section 1952 is
amended by adding at the end the following new subsection:
``(c)(1) Following the death of the insured and in a case not
covered by section 1950 of this title--
``(A) if the first beneficiary otherwise entitled to
payment of the insurance does not make a claim for such payment
within two years after the death of the insured, payment may be
made to another beneficiary designated by the insured, in the
order of precedence as designated by the insured, as if the
first beneficiary had predeceased the insured; and
``(B) if, within four years after the death of the insured,
no claim has been filed by a person designated by the insured
as a beneficiary and the Secretary has not received any notice
in writing that any such claim will be made, payment may
(notwithstanding any other provision of law) be made to such
person as may in the judgment of the Secretary be equitably
entitled thereto.
``(2) Payment of insurance under paragraph (1) shall be a bar to
recovery by any other person.''.
(c) Transition Provision.--In the case of a person insured under
subchapter I or II of chapter 19, title 38, United States Code, who
dies before the date of the enactment of this Act, the two-year and
four-year periods specified in subsection (f)(1) of section 1917 of
title 38, United States Code, as added by subsection (a), and
subsection (c)(1) of section 1952 of such title, as added by subsection
(b), as applicable, shall for purposes of the applicable subsection be
treated as being the two-year and four-year periods, respectively,
beginning on the date of the enactment of this Act.
SEC. 7. TIME LIMITATION ON RECEIPT OF CLAIM INFORMATION PURSUANT TO
REQUEST BY DEPARTMENT OF VETERANS AFFAIRS.
(a) In General.--Section 5102 is amended by adding at the end the
following new subsection:
``(c) Time Limitation.--
``(1) If information that a claimant and the claimant's
representative, if any, are notified under subsection (b) is
necessary to complete an application is not received by the
Secretary within one year from the date of such notification,
no benefit may be paid or furnished by reason of the claimant's
application.
``(2) This subsection shall not apply to any application or
claim for Government life insurance benefits.''.
(b) Repeal of Superseded Provisions.--Section 5103 is amended--
(1) by striking ``(a) Required Information and Evidence.--
''; and
(2) by striking subsection (b).
(c) Effective Date.--The amendments made by this section shall take
effect as if enacted on November 9, 2000, immediately after the
enactment of the Veterans Claims Assistance Act of 2000 (Public Law
106-475; 114 Stat. 2096).
SEC. 8. BURIAL PLOT ALLOWANCE.
(a) Subsection (b) of section 2303 is amended--
(1) in the matter preceding paragraph (1), by striking ``a
burial allowance under such section 2302, or under such
subsection, who was discharged from the active military, naval,
or air service for a disability incurred or aggravated in line
of duty, or who is a veteran of any war'' and inserting
``burial in a national cemetery under section 2402 of this
title''; and
(2) in paragraph (2), by striking ``(other than a veteran
whose eligibility for benefits under this subsection is based
on being a veteran of any war)'' and inserting ``is eligible
for a burial allowance under section 2302 of this title or
under subsection (a) of this section, or was discharged from
the active military, naval, or air service for a disability
incurred or aggravated in line of duty, and such veteran''.
(b) Section 2307 is amended in the last sentence by striking ``and
(b)'' and inserting ``and (b)(2)''.
SEC. 9. PROVISION OF MARKERS FOR PRIVATELY MARKED GRAVES.
(a) In General.--Subsection (d) of section 502 of the Veterans
Education and Benefits Expansion Act of 2001 (Public Law 107-103; 115
Stat. 995), as amended by section 203 of the Veterans Benefits Act of
2002 (Public Law 107-330; 116 Stat. 2824), is further amended by
striking ``September 11, 2001'' and inserting ``November 1, 1990''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of section 502 of Public
Law 107-103.
SEC. 10. EXPANSION OF BURIAL ELIGIBILITY FOR REMARRIED SPOUSES.
(a) In General.--Paragraph (5) of section 2042 is amended by
striking ``(which for purposes of this chapter includes an unremarried
surviving spouse who had a subsequent remarriage which was terminated
by death or divorce)'' and inserting ``(which for purposes of this
chapter includes a surviving spouse who remarries following the
veteran's death)''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to deaths occurring on or after the date of the enactment of this
Act.
SEC. 11. MAKE PERMANENT AUTHORITY FOR STATE CEMETERY GRANTS PROGRAM.
(a) Permanent Authorization.--Paragraph (2) of section 2408(a) is
amended--
(1) by striking ``for fiscal year 1999 and for each
succeeding fiscal year through fiscal year 2004''; and
(2) by adding at the end ``Funds appropriated under the
preceding sentence shall remain available until expended.''.
(b) Technical Amendment.--Subsection (e) of section 2408 is amended
by striking ``Sums appropriated under subsection (a) of this section
shall remain available until expended.''.
SEC. 12. FORFEITURE OF BENEFITS FOR SUBVERSIVE ACTIVITIES.
(a) Addition of Certain Offenses.--Paragraph (2) of section 6105(b)
is amended by striking ``sections 792, 793, 794, 798, 2381, 2382, 2383,
2384, 2385, 2837, 2388, 2389, 2390, and chapter 105 of title 18'' and
inserting ``sections 175, 229, 792, 793, 794, 798, 831, 1091, 2332a,
2332b, 2381, 2382, 2383, 2384, 2385, 2387, 2388, 2389, 2390, and
chapter 105 of title 18''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to claims filed after the date of the enactment of this Act.
SEC. 13. VETERANS' ADVISORY COMMITTEE ON EDUCATION.
Section 3692 is amended--
(1) in subsection (a), by inserting ``as far as
practicable'' after ``include'';
(2) in subsections (a) and (b), by striking ``chapter 106''
and inserting ``chapter 1606'' both places it appears; and
(3) in subsection (c), by striking ``2003'' and inserting
``2013''.
SEC. 14. REPEAL OF EDUCATION LOAN PROGRAM.
(a) Termination of Program.--No loans shall be made under
subchapter III of chapter 36 after the date of the enactment of this
Act, and such subchapter shall be repealed 90 days after such date of
enactment.
(b) Closing of Loan Fund.--All monies in the revolving fund
established in the Treasury of the United States of America known as
the ``Department of Veterans Affairs Education Loan Fund'' (the
``Fund'') on the day before the date of repeal of such subchapter III
shall be transferred to the Department of Veterans Affairs Readjustment
Benefits Account, and the Fund shall be closed.
(c) Discharge of Liability.--The liability on any education loan
debt outstanding under such subchapter III shall be discharged, and any
overpayments declared under section 3698(e)(1) of that subchapter shall
be waived without further process on the date funds are transferred as
referred to in subsection (b) of this section.
(d) Technical Amendment.--On the date of repeal of such subchapter
III, as provided herein, the table of sections at the beginning of
chapter 36 shall be amended by striking the items relating to
subchapter III.
(e) Conforming Amendments.--
(1) Chapter 34 is amended--
(A) by repealing paragraph (2) of section 3462(a);
and
(B) in paragraph (1) of section 3485(e), by
striking ``(other than an education loan under
subchapter III)''.
(2) Section 3512 is amended by repealing subsection (f).
(3) The amendments made by paragraphs (1)(B) and (2) shall
take effect 90 days after the date of the enactment of this
Act.
SEC. 15. RESTORATION OF CHAPTER 35 EDUCATION BENEFITS OF CERTAIN
INDIVIDUALS.
(a) Restoration.--Subsection (h) of section 3512 is amended by
inserting ``or is involuntarily ordered to full-time National Guard
duty under section 502(f) of title 32'' following ``title 10''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as of September 11, 2001.
SEC. 16. EXPANSION OF MONTGOMERY GI BILL EDUCATION BENEFITS FOR CERTAIN
SELF-EMPLOYMENT TRAINING.
(a) Self-Employment Training.--Subparagraph (B) of section 3002(3)
is amended--
(1) in clause (i) by striking ``and'';
(2) by adding at the end the following clause:
``(iii) a program of self-employment on-job
training approved as provided in section
3677(d) of this title; and''.
(b) Program Approval.--Section 3677 is amended--
(1) in subsections (a) and (c), by inserting ``self-
employment on-job training or'' after ``(other than'';
(2) in subsection (b)(1), by inserting ``described in
subsection (a)'' after ``offering training''; and
(3) by adding at the end the following new subsection:
``(d)(1) Any State approving agency may approve a program of self-
employment on-job training for purposes of chapter 30 of this title
only when it finds that the training is generally recognized as needed
or accepted for purposes of obtaining licensure to engage in the self-
employment occupation or is required for ownership and operation of a
franchise that is the objective of the training.
``(2) The training entity offering the training for which approval
is sought under this chapter must submit to the State approving agency
a written application for approval, in the form and with the content as
prescribed by the Secretary, which shall include such information as is
required by the State approving agency.
``(3) As a condition for approving a program of self-employment on-
job training, the State approving agency must find upon investigation
that the following criteria are met:
``(A) The training content is adequate to qualify the
eligible individual for the self-employment occupation that is
the objective of the training.
``(B) The training consists of full-time training for a
period of less than six months.
``(C) The length of the training period is not longer than
that customarily required to obtain the knowledge, skills, and
experience needed to successfully engage in the particular
self-employment occupation that is the objective of the
training.
``(D) The training entity has adequate instructional space,
equipment, materials, and personnel to provide satisfactory
training on the job.
``(E) The training entity keeps adequate records of each
trainee's progress toward the self-employment objective and, at
the end of the training period, issues a license, certificate,
or other document recording the individual's successful
completion of the training program.
``(F) The training entity and the self-employment on-job
training program meet such other criteria as the Secretary may
prescribe and as the State approving agency, with the
Secretary's approval, may establish.''.
(c) Conforming Amendment.--Paragraph (2) of section 3687(a) is
amended by inserting ``subsections (a), (b), and (c) of'' before
``section 3677''.
(d) Effective Date.--The amendments made by this section shall take
effect on the date six months after the enactment of this Act and shall
apply to self-employment on-job training approved and pursued on or
after that date. | Veterans Programs Improvement Act of 2003 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2003, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children.
Makes the effective date for the award of death pension the same as that for the award of death compensation or dependency and indemnity compensation.
Excludes lump-sum insurance proceeds from income for purposes of eligibility for veterans' pensions.
Prohibits the payment of veterans' disability compensation for an alcohol- or drug-abuse related disability even if the the alcohol or drug abuse is secondary to a service-connected disability.
Provides alternative beneficiaries for National Service Life Insurance and United States Government Life Insurance proceeds when the first beneficiary does not make a claim.
Provides burial benefit eligibility for a veteran's surviving spouse who remarries following the veteran's death.
Makes permanent the authority for the State cemetery grants program.
Repeals the Department of Veterans Affairs Education Loan program.
Includes self-employment training under the Montgomery GI Bill. | A bill to amend title 38, United States Code, to improve the authorities of the Department of Veterans Affairs relating to compensation, dependency and indemnity compensation, pension, education benefits, life insurance benefits, and memorial benefits, to improve the administration of benefits for veterans, and for other purposes. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Iran Nonproliferation Amendments Act
of 2005''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The Director of Central Intelligence's most recent
Unclassified Report to Congress on the Acquisition of Technology
Relating to Weapons of Mass Destruction and Advanced Conventional
Munitions, 1 July Through 31 December 2003, states ``Russian
entities during the reporting period continued to supply a variety
of ballistic missile-related goods and technical know-how to
countries such as Iran, India, and China. Iran's earlier success in
gaining technology and materials from Russian entities helped
accelerate Iranian development of the Shahab-3 MRBM, and continuing
Russian entity assistance has supported Iranian efforts to develop
new missiles and increase Tehran's self-sufficiency in missile
production.''
(2) Vice Admiral Lowell E. Jacoby, the Director of the Defense
Intelligence Agency, stated in testimony before the Select
Committee on Intelligence of the Senate on February 16, 2005, that
``Tehran probably will have the ability to produce nuclear weapons
early in the next decade''.
(3) Iran has--
(A) failed to act in accordance with the Agreement Between
Iran and the International Atomic Energy Agency for the
Application of Safeguards in Connection with the Treaty on the
Non-Proliferation of Nuclear Weapons, done at Vienna June 19,
1973 (commonly referred to as the ``Safeguards Agreement'');
(B) acted in a manner inconsistent with the Protocol
Additional to the Agreement Between Iran and the International
Atomic Energy Agency for the Application of Safeguards, signed
at Vienna December 18, 2003 (commonly referred to as the
``Additional Protocol'');
(C) acted in a manner inconsistent with its obligations
under the Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow July 1, 1968, and
entered into force March 5, 1970 (commonly referred to as the
``Nuclear Non-Proliferation Treaty''); and
(D) resumed uranium conversion activities, thus ending the
confidence building measures it adopted in its November 2003
agreement with the foreign ministers of the United Kingdom,
France, and Germany.
(4) On September 24, 2005, the Board of Governors of the
International Atomic Energy Agency (IAEA) formally declared that
Iranian actions constituted noncompliance with its nuclear
safeguards obligations, and that Iran's history of concealment of
its nuclear activities has given rise to questions that are within
the purview of the United Nations Security Council.
(5) The executive branch has on multiple occasions used the
authority provided under section 3 of the Iran Nonproliferation Act
of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) to impose
sanctions on entities that have engaged in activities in violation
of restrictions in the Act relating to--
(A) the export of equipment and technology controlled under
multilateral export control lists, including under the
Australia Group, Chemical Weapons Convention, Missile
Technology Control Regime, Nuclear Suppliers Group, and the
Wassenaar Arrangement or otherwise having the potential to make
a material contribution to the development of weapons of mass
destruction or cruise or ballistic missile systems to Iran; and
(B) the export of other items to Iran with the potential of
making a material contribution to Iran's weapons of mass
destruction programs or on United States national control lists
for reasons related to the proliferation of weapons of mass
destruction or missiles.
(6) The executive branch has never made a determination
pursuant to section 6(b) of the Iran Nonproliferation Act of 2000
that--
(A) it is the policy of the Government of the Russian
Federation to oppose the proliferation to Iran of weapons of
mass destruction and missile systems capable of delivering such
weapons;
(B) the Government of the Russian Federation (including the
law enforcement, export promotion, export control, and
intelligence agencies of such government) has demonstrated and
continues to demonstrate a sustained commitment to seek out and
prevent the transfer to Iran of goods, services, and technology
that could make a material contribution to the development of
nuclear, biological, or chemical weapons, or of ballistic or
cruise missile systems; and
(C) no entity under the jurisdiction or control of the
Government of the Russian Federation, has, during the 1-year
period prior to the date of the determination pursuant to
section 6(b) of such Act, made transfers to Iran reportable
under section 2(a) of the Act.
(7) On June 29, 2005, President George W. Bush issued Executive
Order 13382 blocking property of weapons of mass destruction
proliferators and their supporters, and used the authority of such
order against 4 Iranian entities, Aerospace Industries
Organization, Shahid Hemmat Industrial Group, Shahid Bakeri
Industrial Group, and the Atomic Energy Organization of Iran, that
have engaged, or attempted to engage, in activities or transactions
that have materially contributed to, or pose a risk of materially
contributing to, the proliferation of weapons of mass destruction
or their means of delivery (including missiles capable of
delivering such weapons), including efforts to manufacture,
acquire, possess, develop, transport, transfer, or use such items.
SEC. 3. AMENDMENTS TO IRAN NONPROLIFERATION ACT OF 2000 RELATED TO
INTERNATIONAL SPACE STATION PAYMENTS.
(a) Treatment of Certain Payments.--Section 7(1)(B) of the Iran
Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note)
is amended--
(1) by striking the period at the end and inserting a comma;
and
(2) by adding at the end the following:
``except that such term does not mean payments in cash or in kind
made or to be made by the United States Government prior to January
1, 2012, for work to be performed or services to be rendered prior
to that date necessary to meet United States obligations under the
Agreement Concerning Cooperation on the Civil International Space
Station, with annex, signed at Washington January 29, 1998, and
entered into force March 27, 2001, or any protocol, agreement,
memorandum of understanding, or contract related thereto.''.
(b) Exception.--Section 6(h) of the Iran Nonproliferation Act of
2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by inserting
after ``extraordinary payments in connection with the International
Space Station'' the following: ``, or any other payments in connection
with the International Space Station,''.
(c) Reporting Requirements.--Section 6 of the Iran Nonproliferation
Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by
adding at the end the following new subsection:
``(i) Report on Certain Payments Related to International Space
Station.--
``(1) In general.--The President shall, together with each
report submitted under section 2(a), submit to the Committee on
Foreign Relations of the Senate and the Committee on International
Relations of the House of Representatives a report that identifies
each Russian entity or person to whom the United States Government
has, since the date of the enactment of the Iran Nonproliferation
Amendments Act of 2005, made a payment in cash or in kind for work
to be performed or services to be rendered under the Agreement
Concerning Cooperation on the Civil International Space Station,
with annex, signed at Washington January 29, 1998, and entered into
force March 27, 2001, or any protocol, agreement, memorandum of
understanding, or contract related thereto.
``(2) Content.--Each report submitted under paragraph (1) shall
include--
``(A) the specific purpose of each payment made to each
entity or person identified in the report; and
``(B) with respect to each such payment, the assessment of
the President that the payment was not prejudicial to the
achievement of the objectives of the United States Government
to prevent the proliferation of ballistic or cruise missile
systems in Iran and other countries that have repeatedly
provided support for acts of international terrorism, as
determined by the Secretary of State under section 620A(a) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), section
6(j) of the Export Administration Act of 1979 (50 U.S.C. App.
2405(j)), or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)).''.
SEC. 4. AMENDMENTS TO THE IRAN NONPROLIFERATION ACT OF 2000 TO MAKE
SUCH ACT APPLICABLE TO IRAN AND SYRIA.
(a) Reports on Proliferation Relating to Iran or Syria.--Section 2
of the Iran Nonproliferation Act of 2000 (Public Law 106-178; 50 U.S.C.
1701 note) is amended--
(1) in the heading, by striking ``TO IRAN'' and inserting
``RELATING TO IRAN AND SYRIA''; and
(2) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``or acquired from'' after
``transferred to''; and
(ii) by inserting after ``Iran'' the following: ``, or
on or after January 1, 2005, transferred to or acquired
from Syria''; and
(B) in paragraph (2), by inserting after ``Iran'' the
following: ``or Syria, as the case may be,''.
(b) Determination Exempting Foreign Persons From Certain
Measures.--Section 5(a) of the Iran Nonproliferation Act of 2000
(Public Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) in paragraph (1), by striking ``transfer to Iran'' and
inserting ``transfer to or acquire from Iran or Syria, as the case
may be,''; and
(2) in paragraph (2), by striking ``Iran's efforts'' and
inserting ``the efforts of Iran or Syria, as the case may be,''.
(c) Restriction on Extraordinary Payments in Connection With the
International Space Station.--Section 6(b) of the Iran Nonproliferation
Act of 2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) in the heading, by striking ``to Iran'' and inserting
``Relating to Iran and Syria'';
(2) in paragraphs (1) and (2), by striking ``to Iran'' each
place it appears and inserting ``to or from Iran and Syria''; and
(3) in paragraph (3), by striking ``to Iran'' and inserting
``to or from Iran or Syria''.
(d) Definitions.--Section 7(2) of the Iran Nonproliferation Act of
2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended--
(1) in subparagraph (C) to read as follows:
``(C) any foreign government, including any foreign
governmental entity; and''; and
(2) in subparagraph (D), by striking ``subparagraph (B) or
(C)'' and inserting ``subparagraph (A), (B), or (C), including any
entity in which any entity described in any such subparagraph owns
a controlling interest''.
(e) Short Title.--
(1) Amendment.--Section 1 of the Iran Nonproliferation Act of
2000 (Public Law 106-178; 50 U.S.C. 1701 note) is amended by
striking ``Iran Nonproliferation Act of 2000'' and inserting ``Iran
and Syria Nonproliferation Act''.
(2) References.--Any reference in a law, regulation, document,
or other record of the United States to the Iran Nonproliferation
Act of 2000 shall be deemed to be a reference to the Iran and Syria
Nonproliferation Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | Iran Nonproliferation Amendments Act of 2005 - Amends the Iran Nonproliferation Act of 2000 to state that the definition of "extraordinary payments in connection with the International Space Station" does not mean payments in cash or in kind made or to be made by the U.S. government prior to January 1, 2012, for work to be performed or services to be rendered prior to that date necessary to meet U.S. obligations under the Agreement Concerning Cooperation on the Civil International Space Station, with annex, signed at Washington January 29, 1998, and entered into force March 27, 2001, or any protocol, agreement, memorandum of understanding, or contract related thereto. (Under such Act the United States is prohibited from making such payments to the Russian Aviation and Space Agency unless specified determinations are made with respect to Russian cooperation in preventing proliferation to Iran, or to a foreign person identified as contributing to proliferation to Iran.)
Prohibits any U.S. agency from making extraordinary payments and any other payments (currently, such prohibition is limited to extraordinary payments) in connection with the International Space Station to a foreign person subject to specified measures under such Act or Executive Order No. 12938.
Directs the President to submit to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives a report that identifies each Russian entity or person to whom the United States has, since the date of enactment of this Act, made a cash or in-kind payment under the Agreement.
Requires such report to include: (1) the purpose of each payment; and (2) with respect to each such payment, an assessment that the payment was not prejudicial to preventing the proliferation of ballistic or cruise missile systems in Iran and other countries that have supported acts of international terrorism.
Applies the provisions of such Act to: (1) Syria with respect to transfers on or after January 1, 2005; and (2) transfers to or from such countries (currently, limited to transfers to Iran).
Redefines "foreign person" or "person" to include any foreign government or government entity (currently, any governmental entity operating as a business enterprise).
Retitles the Iran Nonproliferation Act of 2002 as the Iran and Syria Nonproliferation Act. | An act to make amendments to the Iran Nonproliferation Act to 2000 related to International Space Station payments, and for other purposes. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Park Service
Entrepreneurial Management Reform Act of 1994''.
SEC. 2. FEES.
(a) Admission Fees.--Section 4(a) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is
amended as follows:
(1) In the first sentence of paragraph (1)(A)(i), by
striking ``$25'' and inserting ``$40''.
(2) By amending the second sentence of paragraph (1)(A)(i)
to read as follows: ``The permittee and the accompanying
spouse, children, and parents of the permittee shall be
entitled to general admission into any area designated pursuant
to this section.''.
(3) By modifying the margin of clause (ii) of paragraph
(1)(A) to align with the margin of clause (i).
(4) By inserting at the end of clause (ii) of paragraph
(1)(A) the following: ``Such receipts shall be made available,
subject to appropriation, for authorized resource protection,
rehabilitation, and conservation projects as provided for by
subsection (i), including projects to be carried out by the
Public Land Corps or any other conservation corps pursuant to
the Youth Conservation Corps Act of 1970 (16 U.S.C. 1701 and
following), or other related programs or authorities, on lands
administered by the Secretary of the Interior and the Secretary
of Agriculture.''.
(5) In paragraph (1)(B), by striking ``$15'' and inserting
``$25'' and by adding at the end the following new sentence:
``Any amount by which the fee for such an annual permit exceeds
$15 shall be credited to the appropriation account of the unit
of the National Park System that collected the fee, shall be
available to the unit without further appropriation, and shall
remain available until expended.''.
(6) In paragraph (2), by inserting ``(A)'' after ``(2)'',
by striking the fifth and sixth sentences, by amending the
fourth sentence to read as follows: ``The fee for a single-
visit permit at any designated area shall be not more than $6
per person for persons entering by any means, except that the
fee shall not exceed $20 for all persons entering a designated
area in a single noncommercial vehicle.'', and by adding at the
end the following new subparagraph:
``(B) The Secretary shall establish a pilot project at
Yosemite National Park that utilizes incentives, including
waiving or reducing admission fees, to encourage use of public
transit which serves the purpose of reducing vehicular traffic
within Yosemite National Park.''.
(7) In paragraph (3), by striking the last sentence.
(8) In paragraph (4), by striking ``No other free permits
shall be issued to any person'' and inserting ``No other free
permits shall be issued to any person, except as otherwise
provided by this subsection''.
(9) In paragraph (4), by amending the second sentence to
read as follows: ``Such permit shall be nontransferable, shall
be issued for a one-time charge of $10, and shall entitle the
permittee and the accompanying spouse of the permitee to
general admission into any area designated pursuant to this
subsection.''.
(10) In paragraph (6) by striking ``on Interior and Insular
Affairs'' and inserting ``on Natural Resources''.
(11) In paragraph (9), by striking ``San Juan National
Historic Site, and Canaveral National Seashore'' and inserting
``and San Juan National Historic Site'' and by adding the
following at the end thereof: ``The Secretary of the Interior
shall submit a report to the Congress within 6 months after the
enactment of this sentence respecting the areas at which the
Secretary determines admission fees would be appropriate but at
which such fees are prohibited by law and respecting each area
at which such fees are authorized but not being collected
(including an explanation of the reasons that such fees are not
being collected).''.
(12) By amending paragraph (11) to read as follows:
``(11) In the case of Yellowstone and Grand Teton National
Parks, a single-visit fee collected at one unit shall also
admit the person who paid such fee for a single visit to the
other unit.''.
(b) Penalty.--Section 4(e) of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-4 and following) is amended by striking
``$100'' and inserting ``$1,000''.
(c) Technical Amendments.--(1) Section 4(h) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is
amended by striking ``on Interior and Insular Affairs of the United
States House of Representatives and United States Senate'' and
inserting ``on Natural Resources of the United States House of
Representatives and on Energy and Natural Resources of the United
States Senate'', by striking ``Bureau of Outdoor Recreation'' and
inserting ``National Park Service'', and by striking ``Bureau'' and
inserting ``National Park Service''.
(2) Section 4(g) of the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-4 and following) is amended by striking ``or
charges for commercial or other activities not related to recreation''.
(d) Use of Fees.--Section 4(i) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-4 and following) is amended as
follows:
(1) By inserting ``Use of Fees.--'' after ``(i)''.
(2) In the first sentence of paragraph (1)(B), by striking
``fee collection costs for that fiscal year'' and inserting
``fee collection costs for the immediately preceding fiscal
year'' and by striking ``section in that fiscal year'' and
inserting ``section in such immediately preceding fiscal
year''.
(3) In the second sentence of paragraph (1)(B), by striking
``in that fiscal year''.
(4) In paragraph (1), by adding at the end the following
new subparagraph:
``(C) Notwithstanding subparagraph (A) and notwithstanding any
other provision of law, for fiscal years after fiscal year 1995, the
amount by which the receipts collected pursuant to this section by the
National Park Service (except for the portion of fee receipts withheld
as provided in subparagraph (B) for fee collection costs) exceeds the
receipts collected pursuant to this section by the National Park
Service in fiscal year 1993 shall be covered into a special fund
established in the Treasury of the United States to be known as the
`National Park Renewal Fund'. Amounts in such fund shall be available
to the Secretary of the Interior, without further appropriation, for
resource protection, research, interpretation, and maintenance
activities related to resource protection and visitor enjoyment in
areas managed by the National Park Service and shall be allocated among
national park system units in accordance with subsection (j). Such
amounts shall remain available until expended. The Secretary shall
develop procedures for the use of amounts in the fund that ensure
accountability and demonstrated results consistent with the purposes of
this Act. Beginning after the first full fiscal year following
enactment of this subparagraph, the Secretary shall submit an annual
report to Congress, on a unit-by-unit basis, detailing the fees
receipts collected pursuant to this section and the expenditures of
such receipts.''.
(e) Time of Reimbursement.--Section 4(k) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is
amended by striking the last sentence.
(f) Fees for Special Uses.--Section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is
amended by adding the following new subsection at the end:
``(o) Fees for Special Uses.--The Secretary of the Interior shall
establish reasonable fees for nonrecreational uses of national park
system units that require special arrangements, including permits. The
fees shall be set at such level as the Secretary deems necessary to
insure that the United States will receive fair market value for the
use of the area concerned and shall, at a minimum, cover all costs of
providing necessary services associated with such special uses, except
that the Secretary may, in his discretion, waive or reduce such fees in
the case of any nonprofit organization or any organization using an
area within the national park system for educational or park-related
purposes. Notwithstanding any other provision of law, the Secretary
shall retain so much of the revenue from such fees as is equal to fee
collection costs and the costs of providing the necessary services
associated with such special uses. Such retained amounts shall be
credited to the appropriation account for the national park system unit
concerned and shall remain available until expended, beginning in the
fiscal year in which the amounts are so credited.''.
(g) Admission or Recreation Use Fees.--Section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-4 and following) is
amended by adding the following new subsection at the end:
``(p) Admission or Recreation Use Fees.--Notwithstanding any other
provision of law, no admission or recreation use fee of any kind shall
be charged or imposed for entrance into, or use of, any federally owned
area operated and maintained by a Federal agency and used for outdoor
recreation purposes, except as provided for by this Act.''.
SEC. 3. CHALLENGE COST-SHARE AGREEMENTS.
(a) Agreements.--The Secretary of the Interior is authorized to
negotiate and enter into challenge cost-share agreements with
cooperators. For purposes of this section--
(1) The term ``challenge cost-share agreement'' means any
agreement entered into between the Secretary and any cooperator
for the purpose of sharing costs or services in carrying out
any authorized functions and responsibilities of the Secretary
with respect to any unit of the national park system (as
defined in section 2(a) of the Act of August 8, 1953 (16 U.S.C.
1b-1c)), any affiliated area, or any designated national scenic
or historic trail.
(2) The term ``cooperator'' means any State or local
government, public or private agency, organization,
institution, corporation, individual, or other entity.
(b) Use of Federal Funds.--In carrying out challenge cost-share
agreements, the Secretary is authorized, subject to appropriation, to
provide the Federal funding share from any funds available to the
National Park Service.
SEC. 4. COST RECOVERY FOR DAMAGE TO NATIONAL PARK RESOURCES.
Notwithstanding any other provision of law, any funds payable to
United States as restitution on account of damage to national park
resources or property shall be paid to the Secretary of the Interior.
Any such funds, and any other funds received as a result of forfeiture,
compromise, or settlement on account of damage to national park
resources or property shall be credited to the appropriation account
for the national park system unit concerned and shall be available,
without further appropriation, for expenditure by the Secretary,
without regard to fiscal year limitation, to improve, protect, or
rehabilitate any park resources or property which have been damaged by
the action of a permittee or any unauthorized person. | National Park Service Entrepreneurial Management Reform Act of 1994 - Amends the Land and Water Conservation Fund Act of 1965 to increase fees for admission to units of the National Park System (NPS) and other specified areas. Makes receipts from admission available, subject to appropriation, for authorized resource protection, rehabilitation, and conservation projects.
(Sec. 2) Requires the Secretary of the Interior to establish a pilot project at Yosemite National Park that utilizes incentives, including waiving or reducing admission fees, to encourage use of public transit which serves the purpose of reducing vehicular traffic within such park.
Revises provisions regarding the issuance of lifetime admission permits, including a limitation that such a permit entitles only the permittee and the accompanying spouse to free admission.
Directs the Secretary to report to the Congress respecting areas where the Secretary determines that admission fees would be appropriate but where such fees are prohibited by law, and areas where such fees are authorized but not being collected.
Increases the penalty for violations of rules and regulations regarding admission and special recreation use fees.
Modifies provisions regarding the use of fees collected. Requires that specified receipts be covered into a special National Park Renewal Fund. Makes such funds available for resource protection, research, interpretation, and maintenance activities related to resource protection and visitor enjoyment in areas managed by the National Park Service.
Repeals a requirement that qualified public or private entities selling annual admission permits reimburse the United States for the full amount to be received from the sale of such permits when or before the agency delivers the permits to such entity for sale.
Directs the Secretary to establish reasonable fees for nonrecreational uses of NPS units that require special arrangements.
Prohibits charging an admission or recreation use fee for entrance into, or use of, any federally owned area operated and maintained by a Federal agency which is used for outdoor recreation purposes, except as provided for by such Act.
(Sec. 3) Authorizes the Secretary to: (1) negotiate and enter into agreements with State or local governments, individuals, or other entities for the purpose of sharing costs or services in carrying out authorized functions and responsibilities of the Secretary with respect to NPS units; and (2) provide, subject to appropriation, the Federal funding share from any funds available to the National Park Service in carrying out such agreements.
(Sec. 4) Requires any funds payable to the United States as restitution for damages to national park resources or property to be paid to the Secretary and made available for improvement, protection, or rehabilitation of damaged resources or property. | National Park Service Entrepreneurial Management Reform Act of 1994 | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Overseas Citizens Voting Rights Act
of 1996''.
SEC. 2. EXTENSION OF PERIOD FOR RECEIPT OF ABSENTEE BALLOTS.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (42 U.S.C. 1973ff-1) is amended--
(1) by striking out ``and'' at the end of paragraph (2);
(2) by striking out the period at the end of paragraph (3)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) permit absentee ballots to be received at least until
the close of polls on election day.''.
SEC. 3. EXTENSION OF FEDERAL WRITE-IN ABSENTEE BALLOT PROVISIONS TO
SPECIAL, PRIMARY, AND RUNOFF ELECTIONS.
(a) In General.--Section 103(a) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(a)) is amended--
(1) by inserting after ``general'' the following: ``,
special, primary, and runoff''; and
(2) by striking out ``States,'' and inserting in lieu
thereof ``State''.
(b) Special Rules.--Section 103(c) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(c)) is amended--
(1) in paragraph (1), by inserting after ``candidate or''
the following: ``, with respect to a general or special
election,''; and
(2) in paragraph (2), by inserting after ``candidate or''
the following: ``with respect to a general election''.
(c) Use of Approved State Absentee Ballot in Place of Federal
Write-in Absentee Ballot.--Section 103(e) of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(e)) is amended by
striking out ``a general'' and inserting in lieu thereof ``an''.
(d) Certain States Exempted.--Section 103(f) of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-2(f)) is
amended by striking out ``general'' each place it appears.
(e) Effective Date.--The amendments made by this section shall
apply with respect to elections taking place after December 31, 1996.
SEC. 4. USE OF ELECTRONIC RETURN OF ABSENTEE BALLOTS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3) is amended--
(1) by striking out ``and'' at the end of paragraph (8);
(2) by striking out the period at the end of paragraph (9)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(10) in consultation with the Presidential designee,
consider means for providing for expeditious methods for the
return of absentee ballots, including return by electronic
transmittal, with maximum regard for ballot secrecy, audit
procedures, and other considerations relating to the integrity
of the election process.''.
(b) Secrecy and Verification of Electronically Transmitted
Ballots.--Section 104 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-3) is amended--
(1) by striking out ``To afford'' and inserting in lieu
thereof ``(a) In General.--To afford''; and
(2) by adding at the end the following new subsection:
``(b) Secrecy and Verification of Electronically Transmitted
Ballots.--No electronic transmittal or related procedure under
subsection (a)(10) that is paid for, in whole or in part, with Federal
funds may be carried out in any manner that (1) permits any person
other than the voter to view a completed ballot, or (2) otherwise
compromises ballot secrecy. At the earliest possible opportunity, the
original of each completed ballot that is transmitted electronically
shall be submitted in a secrecy envelope to the applicable location in
the State involved.''
SEC. 5. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS.
(a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff et seq.) is amended by adding at the end
the following new sections:
``SEC. 108. ELECTRONIC TRANSMITTAL OF BALLOTING MATERIALS.
``(a) In General.--Each State, in cooperation with the Presidential
designee, shall establish a system for electronic transmittal of
balloting materials for overseas voters. The system shall provide for--
``(1) electronic transmittal as an alternative method for
transmittal of balloting materials to overseas voters;
``(2) use of the format of the official post card form
prescribed under section 101 (or the format of any other
registration form provided for under State law) for purposes of
absentee voter registration application and absentee ballot
application, with the condition that a State may require
receipt of a form with an original signature before the ballot
of the voter is counted;
``(3) furnishing of absentee ballots by electronic
transmittal, from locations within the State, as selected by
the chief State election official, to overseas voters who
request such transmittal; and
``(4) special alternative methods of transmittal of
balloting materials for use only when required by an emergency
declared by the President or the Congress.
``(b) Funding Requirement.--The requirements of subsection (a)
shall apply to a State with respect to an election--
``(1) if there is full payment by the Federal Government of
any additional cost incurred by the State after the date of the
enactment of this Act for the implementation of such subsection
(a), with such costs to be determined by the Presidential
designee and the chief State election official, acting jointly;
or
``(2) in any case of less than full payment, as described
in paragraph (1), if the State, in the manner provided for
under the law of the State, agrees to the application of such
requirements.
``SEC. 109. NOTIFICATION REQUIREMENT FOR APPROVAL OF ELECTRONIC
TRANSMITTAL METHOD.
``The Presidential designee may not approve use of any method of
electronic transmittal for purposes of this Act, unless, not later than
90 days before the effective date of the approval, the Presidential
designee submits to the Congress a detailed report describing the
method.''.
(b) Definition Amendment.--Section 107 of the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6) is amended--
(1) by striking out ``and'' at the end of paragraph (7);
(2) by striking out the period at the end of paragraph (8)
and inserting in lieu thereof ``; and''; and
(3) by adding at the end the following new paragraph:
``(9) the term `electronic transmittal' means, with respect
to balloting materials, transmittal by facsimile machine or
other electronic method approved by the Presidential
designee.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections taking place after December 31, 1996.
SEC. 6. REPORT PROVISION.
Section 101(b)(6) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff(b)(6)) is amended--
(1) by striking out ``participation and'' and inserting in
lieu thereof ``participation,''; and
(2) by inserting before the period at the end the
following: ``, and a separate analysis of electronic
transmittal of balloting materials''.
Passed the House of Representatives May 14, 1996.
Attest:
ROBIN H. CARLE,
Clerk. | Overseas Citizens Voting Rights Act of 1996 - Amends the Uniformed and Overseas Citizens Absentee Voting Act to require each State to allow absentee ballots to be received at least until the closing of polls on election day.
(Sec. 3) Extends the Federal write-in ballot provisions to include special, primary, and run-off elections.
(Sec. 4) Recommends that the States consider, with respect to absent uniformed services voters and overseas voters, means to provide for the expeditious return of absentee ballots, including return by electronic transmittal.
(Sec. 5) Requires each State to establish a system for electronic transmittal of balloting materials for overseas voters. Sets forth provisions concerning system requirements, including funding and notification requirements. | Overseas Citizens Voting Rights Act of 1996 | [
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] |
SECTION 1. SHORT TITLE.
This Act may cited as the ``District of Columbia Full Self-
Government Act''.
TITLE I--STATUS OF THE DISTRICT OF COLUMBIA
SEC. 101. STATUS OF THE DISTRICT.
(a) In General.--All of the territory constituting the permanent
seat of the Government of the United States shall continue to be
designated as the District of Columbia. The District of Columbia shall
remain and continue a body corporate, as provided in section 2 of the
Revised Statutes relating to the District (sec. 1-102, D.C. Official
Code).
(b) No Effect on Existing Laws.--No law or regulation which is in
force on the effective date of this Act shall be deemed amended or
repealed by this Act except to the extent specifically provided herein
or to the extent that such law or regulation is inconsistent with this
Act, but any such law or regulation may be amended or repealed by act
or resolution as authorized in this Act, or by Act of Congress.
(c) No Effect on Boundary Line.--Nothing contained in this section
shall affect the boundary line between the District of Columbia and the
Commonwealth of Virginia as the same was established or may be
subsequently established under the provisions of title I of the Act of
October 31, 1945 (59 Stat. 552).
SEC. 102. LEGISLATIVE POWER OF DISTRICT OF COLUMBIA.
Except as provided in section 202, the legislative power of the
District of Columbia shall extend to all rightful subjects of
legislation within the District consistent with the Constitution of the
United States and the provisions of this Act subject to all the
restrictions and limitations imposed upon the States by the tenth
section of the first article of the Constitution of the United States.
TITLE II--LEGISLATIVE BRANCH
SEC. 201. ESTABLISHMENT OF THE COUNCIL.
(a) Establishment.--There is established a Council of the District
of Columbia (hereafter in this Act referred to as the ``Council''), and
the members of the Council shall be elected by the registered qualified
electors of the District.
(b) Powers, Organization, and Procedure.--The powers, organization,
and procedure of the Council shall be set forth under such laws as may
be enacted by the District of Columbia consistent with the provisions
of this Act.
SEC. 202. LIMITATIONS ON AUTHORITY.
The Council shall have no authority to pass any act contrary to the
provisions of this Act except as specifically provided in this Act, or
to--
(1) impose any tax on property of the United States or any
of the several States;
(2) lend the public credit for support of any private
undertaking;
(3) enact any act, or enact any act to amend or repeal any
Act of Congress, which concerns the functions or property of
the United States or which is not restricted in its application
exclusively in or to the District of Columbia;
(4) enact any act, resolution, or rule with respect to any
provision of title 11 of the District of Columbia Official Code
(relating to organization and jurisdiction of the District of
Columbia courts);
(5) impose any tax on the whole or any portion of the
personal income, either directly or at the source thereof, of
any individual not a resident of the District (the terms
``individual'' and ``resident'' in this paragraph to have the
meaning given such terms in section 47-1801.04, D.C. Official
Code);
(6) enact any act, resolution, or rule which permits the
building of any structure within the District of Columbia in
excess of the height limitations contained in section 5 of the
Act of June 1, 1910 (sec. 5-405, D.C. Official Code), and in
effect on the effective date of this Act;
(7) enact any act, resolution, or regulation with respect
to the Commission of Mental Health;
(8) enact any act or regulation relating to the United
States District Court for the District of Columbia or any other
court of the United States in the District other than the
District courts, or relating to the duties or powers of the
United States attorney or the United States Marshal for the
District of Columbia; or
(9) enact any act, resolution, or rule with respect to the
District of Columbia Financial Responsibility and Management
Assistance Authority established under section 101(a) of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995.
TITLE III--EXECUTIVE BRANCH
SEC. 301. OFFICE OF THE MAYOR.
(a) Establishment.--There is established the Office of the Mayor of
the District of Columbia, and the Mayor shall be elected by the
registered qualified electors of the District.
(b) Powers and Duties.--The powers and duties of the Mayor of the
District of Columbia, and the organization of the Office of the Mayor
of the District of Columbia, shall be set forth under such laws as may
be enacted by the District of Columbia consistent with the provisions
of this Act.
SEC. 302. TREATMENT OF EMPLOYEES FORMERLY COVERED BY FEDERAL CIVIL
SERVICE SYSTEM.
In the case of persons employed by the District government
immediately preceding the effective date of the personnel system
established by the District government pursuant to section 422(3) of
the District of Columbia Home Rule Act, the personnel system of the
District government may provide for continued participation in all or
part of the Federal Civil Service System and shall provide for
benefits, including but not limited to pay, tenure, leave, residence,
retirement, health and life insurance, and employee disability and
death benefits, all at least equal to those provided by legislation
enacted by Congress, or regulation adopted pursuant thereto, and
applicable to such officers and employees immediately prior to such
date, except that nothing in this Act shall prohibit the District from
separating an officer or employee subject to such system in the
implementation of a financial plan and budget for the District
government approved under subtitle A of title II of the District of
Columbia Financial Responsibility and Management Assistance Act of
1995.
SEC. 303. RESTRICTIONS ON CERTAIN MUNICIPAL PLANNING ACTIVITIES.
The Mayor's planning responsibility shall not extend to Federal and
international projects and developments in the District, as determined
by the National Capital Planning Commission, or to the United States
Capitol buildings and grounds as defined in chapter 51 of title 40,
United States Code, or to any extension thereof or addition thereto, or
to buildings and grounds under the care of the Architect of the
Capitol.
SEC. 304. EMERGENCY CONTROL OF METROPOLITAN POLICE DEPARTMENT.
(a) Authority of President To Exercise Control in Emergencies.--
(1) Authority.--Notwithstanding any other provision of law,
whenever the President of the United States determines that
special conditions of an emergency nature exist which require
the use of the Metropolitan Police force for Federal purposes,
he may direct the Mayor to provide him, and the Mayor shall
provide, such services of the Metropolitan Police force as the
President may deem necessary and appropriate.
(2) Limitation of duration of authority.--In no case shall
services made available pursuant to any direction of the
President under this subsection extend--
(A) for a period in excess of 48 hours unless the
President has, prior to the expiration of such period,
notified the chairman and ranking minority member of
the Committee on Oversight and Government Reform of the
House of Representatives and the chairman and ranking
minority member of the Committee on Homeland Security
and Governmental Affairs of the Senate, in writing, as
to the reason for such direction and the period of time
during which the need for such services is likely to
continue; or
(B) for any period in excess of 30 days, unless the
Senate and the House of Representatives enact into law
a joint resolution authorizing such an extension.
(b) Termination.--
(1) In general.--Subject to paragraph (2), the services
made available in accordance with subsection (a) shall
terminate upon the end of such emergency, the expiration of a
period of 30 days following the date on which such services are
first made available, or the enactment into law of a joint
resolution by the Congress providing for such termination,
whichever first occurs.
(2) Special rule in case of adjournment of congress sine
die.--Notwithstanding paragraph (1), in any case in which
services are made available in accordance with subsection (a)
during any period of an adjournment of the Congress sine die,
such services shall terminate upon the end of the emergency,
the expiration of the 30-day period following the date on which
Congress first convenes following such adjournment, or the
enactment into law of a joint resolution by the Congress
providing for such termination, whichever first occurs.
TITLE IV--JUDICIAL BRANCH
SEC. 401. JUDICIAL BRANCH.
The judicial powers of the District of Columbia, and the provisions
of the charter of the District of Columbia government which are
applicable to the judges and courts of the District of Columbia, shall
be those set forth in part C of title IV of the District of Columbia
Home Rule Act (sec. 1-204.31 et seq., D.C. Official Code), as in effect
on the effective date of this Act.
TITLE V--BUDGET AND FINANCIAL MANAGEMENT
SEC. 501. APPLICATION OF LAWS ESTABLISHED BY DISTRICT OF COLUMBIA.
(a) Budget and Financial Management.--Subject to this Act, the
process by which the District of Columbia develops and enacts the
budget for the District government for a fiscal year, and the
activities carried out with respect to the financial management of the
District government for a fiscal year, shall be established under such
laws as may be enacted by the District.
(b) Borrowing.--Subject to this Act, the process and rules by which
the District of Columbia issues bonds or otherwise borrows money shall
be established under such laws as may be enacted by the District.
SEC. 502. FULL FAITH AND CREDIT OF UNITED STATES NOT PLEDGED.
The full faith and credit of the United States is not pledged for
the payment of any principal of or interest on any bond, note, or other
obligation issued by the District of Columbia, and the United States is
not responsible or liable for the payment of any principal of or
interest on any bond, note, or other obligation issued by the District.
SEC. 503. FEDERAL TAX EXEMPTION.
Bonds and notes issued by the District of Columbia and the interest
thereon shall be exempt from all Federal taxation except estate,
inheritance, and gift taxes.
SEC. 504. LEGAL INVESTMENT IN BONDS AND NOTES ISSUED BY DISTRICT OF
COLUMBIA.
Notwithstanding any restriction on the investment of funds by
fiduciaries contained in any other law, all domestic insurance
companies, domestic insurance associations, executors, administrators,
guardians, trustees, and other fiduciaries within the District of
Columbia may legally invest any sinking funds, moneys, trust funds, or
other funds belonging to them or under or within their control in any
bonds issued by the District of Columbia. National banking associations
are authorized to deal in, underwrite, purchase and sell, for their own
accounts or for the accounts of customers, bonds and notes issued by
the District to the same extent as national banking associations are
authorized by paragraph seven of section 5136 of the Revised Statutes
(12 U.S.C. 24), to deal in, underwrite, purchase and sell obligations
of the United States, States, or political subdivision thereof. All
Federal building and loan associations and Federal savings and loan
associations, and banks, trust companies, building and loan
associations, and savings and loan associations, domiciled in the
District may purchase, sell, underwrite, and deal in, for their own
account or for the account of others, all bonds or notes issued by the
District of Columbia. Nothing contained in this section shall be
construed as relieving any person, firm, association, or corporation
from any duty of exercising due and reasonable care in selecting
securities for purchase or investment.
TITLE VI--RETENTION OF FEDERAL AUTHORITIES
SEC. 601. RETENTION OF CONGRESSIONAL AUTHORITY.
Notwithstanding any other provision of this Act, Congress reserves
the right, at any time, to exercise its constitutional authority as
legislature for the District of Columbia, by enacting legislation for
the District on any subject, whether within or without the scope of
legislative power granted to the Council by this Act, including
legislation to amend or repeal any law in force in the District prior
to or after the effective date of this Act and any act passed by the
Council.
SEC. 602. LIMITATION ON AUTHORITY OF DISTRICT OVER CERTAIN AGENCIES.
Nothing in this Act shall be construed as vesting in the District
of Columbia government any greater authority over the National
Zoological Park, the National Guard of the District of Columbia, the
Washington Aqueduct, the National Capital Planning Commission, or over
any Federal agency, than was vested in the Commissioner of the District
of Columbia established under Reorganization Plan Numbered 3 of 1967
prior to January 2, 1975.
TITLE VII--TERMINATION OF EXISTING CHARTER; TRANSITION
SEC. 701. TERMINATION OF EXISTING CHARTER.
(a) In General.--Except as provided in section 401 and subsection
(b), the District of Columbia Home Rule Act (sec. 1-201.01 et seq.,
D.C. Official Code) is repealed.
(b) No Effect on Amendatory Provisions.--Nothing in subsection (a)
shall be construed to affect any provision of law which is amended or
repealed by the District of Columbia Home Rule Act.
SEC. 702. NO EFFECT ON EXISTING OBLIGATIONS.
(a) Budgets.--Nothing in this Act or in the amendment made by
section 701 may be construed to relieve the District of Columbia of any
contractual or other financial obligations incurred by the District
under a budget enacted for a fiscal year prior to the effective date of
this Act.
(b) Borrowing.--Nothing in this Act or in the amendment made by
section 701 may be construed--
(1) to relieve the District of Columbia of any obligation
incurred with respect to bonds or other forms of borrowing
issued prior to the effective date of this Act; or
(2) to waive the application to the District of Columbia of
any other Federal law governing the borrowing of funds by
States or units of local government, including the Internal
Revenue Code of 1986.
SEC. 703. NO EFFECT ON INDIVIDUALS HOLDING POSITIONS WITHIN DISTRICT
GOVERNMENT.
Nothing in this Act or in the amendment made by section 701 may be
construed to affect the status of any individual who holds elective or
appointed office in, or is an officer or employee of, the government of
the District of Columbia as of the effective date of this Act.
SEC. 704. NO EFFECT ON PENDING ACTIONS OR PROCEEDINGS.
No suit, action, or other judicial proceeding lawfully commenced by
or against any officer or agency in his or its official capacity or in
relation to the exercise of his or its official functions, and no
administrative action or proceeding lawfully commenced, shall abate by
reason of this Act or the amendment made by section 701.
TITLE VIII--EFFECTIVE DATE
SEC. 801. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on
the effective date of legislation enacted by the District of Columbia
after the date of the enactment of this Act which establishes--
(1) the powers, organization, and procedure of the Council
of the District of Columbia; and
(2) the powers and duties of the Mayor of the District of
Columbia, and the organization of the Office of the Mayor of
the District of Columbia. | District of Columbia Full Self-Government Act - Declares that: (1) this Act shall have no effect on existing law or regulation unless otherwise repealed or amended by this Act or an Act of Congress; and (2) the legislative power of the District shall extend to all rightful subjects of legislation within the District consistent with the U.S. Constitution and the provisions of this Act, subject to all the restrictions and limitations imposed upon the states by the Constitution.
Establishes a Council of the District of Columbia and the Office of the Mayor.
Prescribes requirements for treatment of District employees formerly covered by the Federal Civil Service System.
Prohibits the Mayor's planning responsibility from extending to federal and District international projects and developments.
Prescribes requirements granting the President emergency control of the Metropolitan Police Department.
Declares that the District's judicial powers and the provisions of the District charter applicable to District judges and courts shall be those set forth in the District of Columbia Home Rule Act as in effect on the enactment of this Act.
Subjects the process by which the District develops and enacts its fiscal year budget and related financial management activities to such laws as the District may enact.
Declares that the full faith and credit of the United States is not pledged for any District obligations, nor is the United States responsible or liable for them.
Exempts all District bonds and notes (and interest) from federal taxation, except estate, inheritance, and gift taxes. Authorizes certain entities to invest in District bonds and notes.
Reserves Congress the right to exercise constitutional authority as legislature for the District.
Repeals the District of Columbia Home Rule Act (establishing the existing District charter), but not any provision of law amended or repealed by such Act. | To establish the charter for the government of the District of Columbia. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preserve Rights Of States and
Political subdivisions to Encourage Retirement Savings Act'' or the
``PROSPERS Act''.
SEC. 2. DEFINITIONS.
Section 3 of the Employee Retirement Income Security Act of 1974
(29 U.S.C. 1002) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (C)''; and
(B) by adding at the end the following:
``(C)(i) The terms `employee pension benefit plan' and `pension
plan' do not include an individual retirement plan (as defined in
section 7701(a)(37) of the Internal Revenue Code of 1986) established
and maintained pursuant to a payroll deduction savings program of a
State or qualified political subdivision of a State, provided that--
``(I) the program is specifically established pursuant to
State or qualified political subdivision law;
``(II) the program is implemented and administered by the
State or qualified political subdivision establishing the
program (or by a governmental agency or instrumentality of
either), which is responsible for investing the employee
savings or for selecting investment alternatives for employees
to choose;
``(III) the State or qualified political subdivision (or
governmental agency or instrumentality of either) assumes
responsibility for the security of payroll deductions and
employee savings, including by requiring that amounts withheld
from wages by the employer be transmitted to the program
promptly and by providing an enforcement mechanism to assure
compliance with this requirement;
``(IV) the State or qualified political subdivision (or
governmental agency or instrumentality of either) adopts
measures to ensure that employees are notified of their rights
under the program, and creates a mechanism for enforcement of
those rights;
``(V) participation in the program is voluntary for
employees;
``(VI) all rights of the employee, former employee, or
beneficiary under the program are enforceable only by the
employee, former employee, or beneficiary, an authorized
representative of such a person, or by the State or qualified
political subdivision (or governmental agency or
instrumentality of either);
``(VII) the involvement of the employer is limited to--
``(aa) collecting employee contributions through
payroll deductions and remitting them to the program;
``(bb) providing notice to the employees and
maintaining records regarding the employer's collection
and remittance of payments under the program;
``(cc) providing information to the State or
qualified political subdivision (or governmental agency
or instrumentality of either) necessary to facilitate
the operation of the program; and
``(dd) distributing program information to
employees from the State or qualified political
subdivision (or governmental agency or instrumentality
of either) and permitting the State or qualified
political subdivision (or governmental agency or
instrumentality of either) to publicize the program to
employees;
``(VIII) the employer contributes no funds to the program
and provides no bonus or other monetary incentive to employees
to participate in the program;
``(IX) the employer's participation in the program is
required by the law of the State law or qualified political
subdivision;
``(X) the employer has no discretionary authority, control,
or responsibility under the program; and
``(XI) the employer receives no direct or indirect
consideration in the form of cash or otherwise, other than
consideration (including tax incentives and credits) received
directly from the State or qualified political subdivision (or
governmental agency or instrumentality of either) that does not
exceed an amount that reasonably approximates the employer's
(or a typical employer's) costs under the program.
``(ii) A State savings program will not fail to satisfy the
requirements of subclauses (I) through (XI) of clause (i) merely
because the program--
``(I) is directed toward those employers that do not offer
some other workplace savings arrangement;
``(II) utilizes one or more service or investment providers
to operate and administer the program, provided that the State
(or governmental agency or instrumentality of the State)
retains full responsibility for the operation and
administration of the program; or
``(III) treats employees as having automatically elected
payroll deductions in an amount or percentage of compensation,
including any automatic increases in such amount or percentage,
unless the employee specifically elects not to have such
deductions made (or specifically elects to have the deductions
made in a different amount or percentage of compensation
allowed by the program), provided that the employee is given
adequate advance notice of the right to make such elections and
provided, further, that a program may also satisfy the
requirements of such subclauses (I) through (XI) without
requiring or otherwise providing for automatic elections such
as those described in this subclause.
``(iii) For purposes of this subparagraph, the term ``qualified
political subdivision'' means any governmental unit of a State,
including a city, county, or similar governmental body, that--
``(I) has the authority, implicit or explicit, under State
law to require employers' participation in the program as
described in clause (i); and
``(II) at the time of the establishment of the political
subdivision's payroll deduction savings program--
``(aa) has a population equal to or greater than
the population of the least populated State (excluding
the District of Columbia and territories listed in
paragraph (10));
``(bb) has no geographic overlap with any other
political subdivision that has enacted a mandatory
payroll deduction savings program for private-sector
employees and is not located in a State that has
enacted such a program statewide; and
``(cc) has implemented and administers a plan,
fund, or program that provides retirement income to its
employees, or results in a deferral of income by its
employees for periods extending to the termination of
covered employment or beyond.
``(iv) For purposes of clause (i)(III), amounts withheld from an
employee's wages by the employer are deemed to be transmitted promptly
if such amounts are transmitted to the program as of the earliest date
on which such contributions can reasonably be segregated from the
employer's general assets, but in no event later than the last day of
the month following the month in which such amounts would otherwise
have been payable to the employee in cash.''. | Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act or the PROSPERS Act This bill amends the Employee Retirement Income Security Act of 1974 (ERISA) to specify that states and certain political subdivisions may establish and administer voluntary payroll deduction retirement savings programs for private sector employees that are not considered employee pension benefit plans or pension plans covered by ERISA if the plans meet certain requirements. The bill requires the plans to be established, implemented, and administered by states or political subdivisions. The plans must also be voluntary for employees and meet other specified requirements, including restrictions on the involvement of employers and obligations to enforce the rights of employees. | Preserve Rights Of States and Political subdivisions to Encourage Retirement Savings Act | [
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Dataset Card for AutoTrain Evaluator
This repository contains model predictions generated by AutoTrain for the following task and dataset:
- Task: Summarization
- Model: pszemraj/led-base-book-summary
- Dataset: billsum
- Config: default
- Split: test
To run new evaluation jobs, visit Hugging Face's automatic model evaluator.
Contributions
Thanks to @pszemraj for evaluating this model.
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