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113_hr1842 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Military Family Home Protection
Act''.
SEC. 2. MORTGAGE PROTECTION FOR MEMBERS OF THE ARMED FORCES, SURVIVING
SPOUSES, AND CERTAIN VETERANS.
(a) Members of the Armed Forces, Surviving Spouses, and Certain
Disabled Veterans.--
(1) In general.--Title III of the Servicemembers Civil
Relief Act (50 U.S.C. App. 501 et seq.) is amended by inserting
after section 303 the following new section:
``SEC. 303A. MORTGAGES AND TRUST DEEDS OF CERTAIN SERVICEMEMBERS,
SURVIVING SPOUSES, AND DISABLED VETERANS.
``(a) Mortgage as Security.--This section applies only to an
obligation on real or personal property owned by a covered individual
that--
``(1) originated at any time and for which the covered
individual is still obligated; and
``(2) is secured by a mortgage, trust deed, or other
security in the nature of a mortgage.
``(b) Stay of Proceedings.--
``(1) In general.--In accordance with subsection (d)(1), in
a judicial action pending or in a nonjudicial action commenced
during a covered time period to enforce an obligation described
in subsection (a), a court--
``(A) may, after a hearing and on its own motion,
stay the proceedings until the end of the covered time
period; and
``(B) shall, upon application by a covered
individual, stay the proceedings until the end of the
covered time period.
``(2) Obligation to stop proceedings.--Upon receipt of
notice provided under subsection (d)(1), a mortgagee, trustee,
or other creditor seeking to foreclose on real property secured
by an obligation covered by this section using any judicial or
nonjudicial proceedings shall immediately stop any such
proceeding until the end of the covered time period.
``(c) Sale or Foreclosure.--A sale, judicial or nonjudicial
foreclosure, or seizure of property for a breach of an obligation
described in subsection (a) that is not stayed under subsection (b)
shall not be valid during a covered time period except--
``(1) upon a court order granted before such sale, judicial
or nonjudicial foreclosure, or seizure with a return made and
approved by the court; or
``(2) if made pursuant to an agreement as provided in
section 107.
``(d) Notice Required.--
``(1) In general.--To be covered under this section, a
covered individual shall provide to the mortgagee, trustee, or
other creditor written notice that such individual is so
covered.
``(2) Manner.--Written notice under paragraph (1) may be
provided electronically.
``(3) Time.--Notice provided under paragraph (1) shall be
provided during the covered time period.
``(4) Contents.--With respect to a servicemember described
in subsection (g)(1)(A), notice shall include--
``(A) a copy of the servicemember's official
military orders, or any notification, certification, or
verification from a servicemember's commanding officer
that provides evidence of servicemember's eligibility
for special pay as described in subsection (g)(1)(A);
or
``(B) an official notice using a form designed
under paragraph (5).
``(5) Official forms.--
``(A) In general.--The Secretary of Defense shall
design and distribute an official Department of Defense
form that can be used by an individual to give notice
under paragraph (1).
``(B) Use of official form not required.--Failure
by any individual to use a form designed or distributed
under subparagraph (A) to provide notice shall not make
such provision of notice invalid.
``(e) Aggregate Duration.--The aggregate duration for which a
covered individual (except a servicemember described in subsection
(g)(1)(A)) may be covered under this section is one year.
``(f) Misdemeanor.--A person who knowingly makes or causes to be
made a sale, foreclosure, or seizure of property that is prohibited by
subsection (c), or who knowingly attempts to do so, shall be fined as
provided in title 18, United States Code, or imprisoned for not more
than one year, or both.
``(g) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means the following individuals:
``(A) A servicemember who is or was eligible for
hostile fire or imminent danger special pay under
section 310 of title 37, United States Code, during a
period of military service.
``(B) A servicemember placed on convalescent
status, including a servicemember transferred to the
temporary disability retired list under section 1202 or
1205 of title 10, United States Code.
``(C) A veteran who was medically discharged and
retired under chapter 61 of title 10, United States
Code, except for a veteran described in section 1207 of
such title.
``(D) A surviving spouse (as defined in section
101(3) of title 38, United States Code, and in
accordance with section 103 of such title) of a
servicemember who died while in military service if
such spouse is the successor in interest to property
covered under subsection (a).
``(2) Covered time period.--The term `covered time period'
means the following time periods:
``(A) With respect to a servicemember who is or was
eligible for hostile fire or imminent danger special
pay under section 310 of title 37, United States Code,
during a period of military service, during the period
beginning on the first day on which the servicemember
is or was eligible for such special pay during such
period of military service and ending on the date that
is one year after the last day of such period of
military service.
``(B) With respect to a servicemember described in
paragraph (1)(B), during the one-year period beginning
on the date on which the servicemember is placed on
convalescent status or transferred to the temporary
disability retired list under section 1202 or 1205 of
title 10, United States Code.
``(C) With respect to a veteran described in
paragraph (1)(C), during the one-year period beginning
on the date of the retirement of such veteran.
``(D) With respect to a surviving spouse of a
servicemember as described in paragraph (1)(D), during
the one-year period beginning on the date on which the
spouse receives notice of the death of the
servicemember.''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by inserting after the item
relating to section 303 the following new item:
``Sec. 303A. Mortgages and trust deeds of certain servicemembers,
surviving spouses, and disabled
veterans.''.
(3) Conforming amendment.--Section 107 of the
Servicemembers Civil Relief Act (50 U.S.C. App. 517) is amended
by adding at the end the following:
``(e) Other Individuals.--For purposes of this section, the term
`servicemember' includes any covered individual under section 303A.''.
(b) Increased Civil Penalties for Mortgage Violations.--Paragraph
(3) of section 801(b) of the Servicemembers Civil Relief Act (50 U.S.C.
App. 597(b)(3)) is amended to read as follows:
``(3) to vindicate the public interest, assess a civil
penalty--
``(A) with respect to a violation of section 207,
303, or 303A regarding real property--
``(i) in an amount not exceeding $110,000
for a first violation; and
``(ii) in an amount not exceeding $220,000
for any subsequent violation; and
``(B) with respect to any other violation of this
Act--
``(i) in an amount not exceeding $55,000
for a first violation; and
``(ii) in an amount not exceeding $110,000
for any subsequent violation.''.
(c) Credit Discrimination.--Section 108 of such Act (50 U.S.C. App.
518) is amended--
(1) by striking ``Application by'' and inserting ``(a)
Application or Receipt.--Application by''; and
(2) by adding at the end the following new subsection:
``(b) Eligibility.--In addition to the protections under subsection
(a), an individual who is entitled to any right or protection provided
under this Act may not be denied or refused credit or be subject to any
other action described under paragraphs (1) through (6) of subsection
(a) solely by reason of such entitlement.''.
(d) Effective Date.--Section 303A of the Servicemembers Civil
Relief Act, as added by subsection (a), and the amendments made by this
section, shall take effect on the date that is 90 days after the date
of the enactment of this Act.
SEC. 3. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF
MORTGAGE REFINANCING.
(a) In General.--Title III of the Servicemembers Civil Relief Act
(50 U.S.C. App. 531 et seq.) is amended by inserting after section
303A, as added by section 1(a)(1), the following new section:
``SEC. 303B. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF
MORTGAGE REFINANCING.
``(a) Treatment of Absence From Residence Due to Active Duty.--
``(1) In general.--Subject to paragraph (2), if, at any
time that a servicemember who is the mortgagor under an
existing mortgage does not reside in the residence that secures
the existing mortgage because of relocation described in
subsection (c)(1)(B), such servicemember inquires about or
applies for a covered refinancing mortgage, such servicemember
shall be, for all purposes relating to the covered refinancing
mortgage, including such inquiry or application and eligibility
for and compliance with any underwriting criteria and standards
regarding such covered refinancing mortgage, considered to
occupy the residence that secures the existing mortgage to be
paid or prepaid by such covered refinancing mortgage as the
principal residence of the servicemember during the period of
any such relocation.
``(2) Limitation.--Paragraph (1) shall not apply with
respect to a servicemember at any time if, during the five-year
period preceding such time, the servicemember entered into a
covered refinancing mortgage pursuant to this section.
``(b) Mortgages Originated Before Period Military Service.--If a
covered refinancing mortgage is entered into pursuant to this section
with respect to an existing mortgage that originated before the period
of the servicemember's military service, such covered refinancing
mortgage shall be deemed to be an obligation that originated before the
period of the servicemember's military service and for which the
servicemember is still obligated for purposes of section 303(a)(1).
``(c) Definitions.--In this section:
``(1) Existing mortgage.--The term `existing mortgage'
means a mortgage that is secured by a 1- to 4-family residence,
including a condominium or a share in a cooperative ownership
housing association, that was the principal residence of a
servicemember for a period that--
``(A) had a duration of 13 consecutive months or
longer; and
``(B) ended upon the relocation of the
servicemember caused by the servicemember receiving
military orders for a permanent change of station or to
deploy with a military unit, or as an individual in
support of a military operation, for a period of not
less than 90 days that did not allow the servicemember
to continue to occupy such residence as a principal
residence.
``(2) Covered refinancing mortgage.--The term `covered
refinancing mortgage' means any mortgage--
``(A) that is made for the purpose of paying or
prepaying, and extinguishing, the outstanding
obligations under an existing mortgage or mortgages;
and
``(B) that is secured by the same residence that
secured such existing mortgage or mortgages.''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 303A the
following new item:
``Sec. 303B. Treatment of relocation for active duty for purposes of
mortgage refinancing.''.
SEC. 4. REQUIREMENTS FOR LENDING INSTITUTIONS THAT ARE CREDITORS FOR
OBLIGATIONS AND LIABILITIES COVERED BY THE SERVICEMEMBERS
CIVIL RELIEF ACT.
Section 207 of the Servicemembers Civil Relief Act (50 U.S.C. App.
527) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Lending Institution Requirements.--
``(1) Compliance officers.--Each lending institution
subject to the requirements of this section shall designate an
employee of the institution as a compliance officer who is
responsible for ensuring the institution's compliance with this
section and for distributing information to servicemembers
whose obligations and liabilities are covered by this section.
``(2) Toll-free telephone number.--During any fiscal year,
a lending institution subject to the requirements of this
section that had annual assets for the preceding fiscal year of
$10,000,000,000 or more shall maintain a toll-free telephone
number and shall make such telephone number available on the
primary Internet website of the institution.''. | Military Family Home Protection Act - Amends the Servicemembers Civil Relief Act to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember who is, or was, eligible for hostile fire or imminent danger pay during a period of military service, a servicemember placed on convalescent status, a veteran who was medically discharged and retired, or the surviving spouse of a member who died during military service, to stay such proceedings, upon request of a covered individual, for a specified period . Prohibits the sale, foreclosure, or seizure of the subject property during such period, except upon a court order or pursuant to an agreement authorized under the Act. Requires the individual so covered to notify the mortgagee, trustee, or other creditor of such coverage. Provides a criminal penalty for violations of the sale or foreclosure prohibitions, and increases current civil penalties for mortgage violations under the Act. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this Act. Requires a servicemember-mortgagor who does not reside in the mortgage-secured residence due to military relocation and who inquires about, or applies for, a refinancing to be considered to occupy such residence during the period of the relocation. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information concerning such requirements. | Military Family Home Protection Act | 15,382 | 1,776 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Military Family Home Protection Act". <SECTION-HEADER> MORTGAGE PROTECTION FOR MEMBERS OF THE ARMED FORCES, SURVIVING SPOUSES, AND CERTAIN VETERANS. Members of the Armed Forces, Surviving Spouses, and Certain Disabled Veterans. In general. Title III of the Servicemembers Civil Relief Act is amended by inserting after section 303 the following new section: "Section 303A. MORTGAGES AND TRUST DEEDS OF CERTAIN SERVICEMEMBERS, SURVIVING SPOUSES, AND DISABLED VETERANS. Mortgage as Security. This section applies only to an obligation on real or personal property owned by a covered individual that originated at any time and for which the covered individual is still obligated. And is secured by a mortgage, trust deed, or other security in the nature of a mortgage. Stay of Proceedings. In general. In accordance with subsection (d)(1), in a judicial action pending or in a nonjudicial action commenced during a covered time period to enforce an obligation described in subsection (a), a court may, after a hearing and on its own motion, stay the proceedings until the end of the covered time period. And shall, upon application by a covered individual, stay the proceedings until the end of the covered time period. Obligation to stop proceedings. Upon receipt of notice provided under subsection (d)(1), a mortgagee, trustee, or other creditor seeking to foreclose on real property secured by an obligation covered by this section using any judicial or nonjudicial proceedings shall immediately stop any such proceeding until the end of the covered time period. Sale or Foreclosure. A sale, judicial or nonjudicial foreclosure, or seizure of property for a breach of an obligation described in subsection (a) that is not stayed under subsection (b) shall not be valid during a covered time period except upon a court order granted before such sale, judicial or nonjudicial foreclosure, or seizure with a return made and approved by the court. Or if made pursuant to an agreement as provided in section 107. Notice Required. In general. To be covered under this section, a covered individual shall provide to the mortgagee, trustee, or other creditor written notice that such individual is so covered. Manner. Written notice under paragraph (1) may be provided electronically. Time. Notice provided under paragraph (1) shall be provided during the covered time period. Contents. With respect to a servicemember described in subsection (g)(1)(A), notice shall include a copy of the servicemember's official military orders, or any notification, certification, or verification from a servicemember's commanding officer that provides evidence of servicemember's eligibility for special pay as described in subsection (g)(1)(A). Or an official notice using a form designed under paragraph (5). Official forms. In general. The Secretary of Defense shall design and distribute an official Department of Defense form that can be used by an individual to give notice under paragraph (1). Use of official form not required. Failure by any individual to use a form designed or distributed under subparagraph (A) to provide notice shall not make such provision of notice invalid. Aggregate Duration. The aggregate duration for which a covered individual (except a servicemember described in subsection (1)(A)) may be covered under this section is one year. Misdemeanor. A person who knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited by subsection (c), or who knowingly attempts to do so, shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. Definitions. In this section: Covered individual. The term `covered individual' means the following individuals: A servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service. A servicemember placed on convalescent status, including a servicemember transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code. A veteran who was medically discharged and retired under chapter 61 of title 10, United States Code, except for a veteran described in section 1207 of such title. A surviving spouse (as defined in section 101 of a servicemember who died while in military service if such spouse is the successor in interest to property covered under subsection (a). Covered time period. The term `covered time period' means the following time periods: With respect to a servicemember who is or was eligible for hostile fire or imminent danger special pay under section 310 of title 37, United States Code, during a period of military service, during the period beginning on the first day on which the servicemember is or was eligible for such special pay during such period of military service and ending on the date that is one year after the last day of such period of military service. With respect to a servicemember described in paragraph (1)(B), during the one-year period beginning on the date on which the servicemember is placed on convalescent status or transferred to the temporary disability retired list under section 1202 or 1205 of title 10, United States Code. With respect to a veteran described in paragraph (1)(C), during the one-year period beginning on the date of the retirement of such veteran. With respect to a surviving spouse of a servicemember as described in paragraph (1)(D), during the one-year period beginning on the date on which the spouse receives notice of the death of the servicemember.". Clerical amendment. The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 303 the following new item: "Section 303A. Mortgages and trust deeds of certain servicemembers, surviving spouses, and disabled veterans.". Conforming amendment. Section 107 of the Servicemembers Civil Relief Act is amended by adding at the end the following: Other Individuals. For purposes of this section, the term `servicemember' includes any covered individual under section 303A.". Increased Civil Penalties for Mortgage Violations. Paragraph of section 801(b) of the Servicemembers Civil Relief Act (50 USC. App. 597(b)(3)) is amended to read as follows: to vindicate the public interest, assess a civil penalty with respect to a violation of section 207, 303, or 303A regarding real property in an amount not exceeding $110,000 for a first violation. And in an amount not exceeding $220,000 for any subsequent violation. And with respect to any other violation of this Act in an amount not exceeding $55,000 for a first violation. And in an amount not exceeding $110,000 for any subsequent violation.". Credit Discrimination. Section 108 of such Act is amended by striking "Application by" and inserting "(a) Application or Receipt. Application by". And by adding at the end the following new subsection: Eligibility. In addition to the protections under subsection , an individual who is entitled to any right or protection provided under this Act may not be denied or refused credit or be subject to any other action described under paragraphs (1) through (6) of subsection solely by reason of such entitlement.". Effective Date. Section 303A of the Servicemembers Civil Relief Act, as added by subsection (a), and the amendments made by this section, shall take effect on the date that is 90 days after the date of the enactment of this Act. <SECTION-HEADER> TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF MORTGAGE REFINANCING. In General. Title III of the Servicemembers Civil Relief Act is amended by inserting after section 303A, as added by section 1(a)(1), the following new section: "Section 303B. TREATMENT OF RELOCATION FOR ACTIVE DUTY FOR PURPOSES OF MORTGAGE REFINANCING. Treatment of Absence From Residence Due to Active Duty. In general. Subject to paragraph (2), if, at any time that a servicemember who is the mortgagor under an existing mortgage does not reside in the residence that secures the existing mortgage because of relocation described in subsection (c)(1)(B), such servicemember inquires about or applies for a covered refinancing mortgage, such servicemember shall be, for all purposes relating to the covered refinancing mortgage, including such inquiry or application and eligibility for and compliance with any underwriting criteria and standards regarding such covered refinancing mortgage, considered to occupy the residence that secures the existing mortgage to be paid or prepaid by such covered refinancing mortgage as the principal residence of the servicemember during the period of any such relocation. Limitation. Paragraph (1) shall not apply with respect to a servicemember at any time if, during the five-year period preceding such time, the servicemember entered into a covered refinancing mortgage pursuant to this section. Mortgages Originated Before Period Military Service. If a covered refinancing mortgage is entered into pursuant to this section with respect to an existing mortgage that originated before the period of the servicemember's military service, such covered refinancing mortgage shall be deemed to be an obligation that originated before the period of the servicemember's military service and for which the servicemember is still obligated for purposes of section 303(a)(1). Definitions. In this section: Existing mortgage. The term `existing mortgage' means a mortgage that is secured by a 1- to 4-family residence, including a condominium or a share in a cooperative ownership housing association, that was the principal residence of a servicemember for a period that had a duration of 13 consecutive months or longer. And ended upon the relocation of the servicemember caused by the servicemember receiving military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days that did not allow the servicemember to continue to occupy such residence as a principal residence. Covered refinancing mortgage. The term `covered refinancing mortgage' means any mortgage that is made for the purpose of paying or prepaying, and extinguishing, the outstanding obligations under an existing mortgage or mortgages. And that is secured by the same residence that secured such existing mortgage or mortgages.". Clerical Amendment. The table of contents for such Act is amended by inserting after the item relating to section 303A the following new item: "Section 303B. Treatment of relocation for active duty for purposes of mortgage refinancing.". <SECTION-HEADER> REQUIREMENTS FOR LENDING INSTITUTIONS THAT ARE CREDITORS FOR OBLIGATIONS AND LIABILITIES COVERED BY THE SERVICEMEMBERS CIVIL RELIEF ACT. Section 207 of the Servicemembers Civil Relief Act is amended by redesignating subsections (d) and (e) as subsections and (f), respectively. And by inserting after subsection (c) the following new subsection (d): Lending Institution Requirements. Compliance officers. Each lending institution subject to the requirements of this section shall designate an employee of the institution as a compliance officer who is responsible for ensuring the institution's compliance with this section and for distributing information to servicemembers whose obligations and liabilities are covered by this section. Toll-free telephone number. During any fiscal year, a lending institution subject to the requirements of this section that had annual assets for the preceding fiscal year of $10,000,000,000 or more shall maintain a toll-free telephone number and shall make such telephone number available on the primary Internet website of the institution.". | Military Family Home Protection Act - Amends the Servicemembers Civil Relief Act to allow a court, in an action to enforce an obligation on real or personal property secured by a mortgage against a servicemember who is, or was, eligible for hostile fire or imminent danger pay during a period of military service, a servicemember placed on convalescent status, a veteran who was medically discharged and retired, or the surviving spouse of a member who died during military service, to stay such proceedings, upon request of a covered individual, for a specified period . Prohibits the sale, foreclosure, or seizure of the subject property during such period, except upon a court order or pursuant to an agreement authorized under the Act. Requires the individual so covered to notify the mortgagee, trustee, or other creditor of such coverage. Provides a criminal penalty for violations of the sale or foreclosure prohibitions, and increases current civil penalties for mortgage violations under the Act. Prohibits an individual from being denied or refused credit solely by reason of eligibility for relief under this Act. Requires a servicemember-mortgagor who does not reside in the mortgage-secured residence due to military relocation and who inquires about, or applies for, a refinancing to be considered to occupy such residence during the period of the relocation. Requires each lending institution acting as a creditor to such servicemember, veteran, or surviving spouse to designate an employee responsible for ensuring the institution's compliance with the requirements of this Act. Requires any such institution that had prior annual assets of $10 billion or more to maintain on its primary website a toll-free number for information concerning such requirements. | Military Family Home Protection Act |
105_hr2207 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Coastal Pollution Reduction Act of
1997''.
SEC. 2. MAYAGUEZ, PUERTO RICO.
(a) Findings.--Congress makes the following findings:
(1) The existing discharge from the Mayaguez publicly owned
treatment works is to the stressed waters of Mayaguez Bay, an
area containing severely degraded coral reefs, and relocation
of that discharge to unstressed ocean waters could benefit the
marine environment.
(2) The Federal Water Pollution Control Act should,
consistent with the environmental goals of the Act, be
administered with sufficient flexibility to take into
consideration the unique characteristics of Mayaguez, Puerto
Rico.
(3) Some deep ocean areas off the coastline of Mayaguez,
Puerto Rico, might be able to receive a less-than-secondary
sewage discharge while still maintaining healthy and diverse
marine life.
(4) A properly designed and operated deep ocean outfall off
the coast of Mayaguez, Puerto Rico, coupled with other
pollution reduction activities in the Mayaguez Watershed could
facilitate compliance with the requirements and purposes of the
Federal Water Pollution Control Act without the need for more
costly treatment.
(5) The owner or operator of the Mayaguez publicly owned
treatment works should be afforded an opportunity to make the
necessary scientific studies and submit an application
proposing use of a deep ocean outfall for review by the
Administrator of the Environmental Protection Agency under
section 301(h) of the Federal Water Pollution Control Act.
(b) Application for Secondary Treatment Waiver for Mayaguez, Puerto
Rico, Deep Ocean Outfall.--Section 301 of the Federal Water Pollution
Control Act (33 U.S.C. 1311) is amended by adding at the end the
following:
``(q) Application for Waiver.--
``(1) Study.--In order to be eligible to apply for a waiver
under this section, the owner or operator of the Mayaguez,
Puerto Rico, publicly owned treatment works shall transmit to
the Administrator a report on the results of a study of the
marine environment of coastal areas in the Mayaguez area to
determine the feasibility of constructing a deep ocean outfall
for the Mayaguez treatment works. In conducting the study, the
owner or operator shall consider variations in the currents,
tidal movement, and other hydrological and geological
characteristics at any proposed outfall location. Such study
may recommend one or more technically feasible and
environmentally acceptable locations for a deep ocean outfall
intended to meet the requirements of subsection (h). Such study
may be initiated, expanded, or continued not later than 3
months after the date of the enactment of this subsection.
``(2) Section 301(h) application for mayaguez, puerto
rico.--Notwithstanding subsection (j)(1)(A), not later than 18
months after the date of the enactment of this subsection, an
application may be submitted for a modification pursuant to
subsection (h) of the requirements of subsection (b)(1)(B) by
the owner or operator of the Mayaguez, Puerto Rico, publicly
owned treatment works at a location recommended in a study
conducted pursuant to paragraph (1). Such application shall not
be subject to the application revision procedures of section
125.59(d) of title 40, Code of Federal Regulations. No such
application may be filed unless and until the applicant has
entered into a binding consent decree with the United States
that includes, at a minimum, the following:
``(A) A schedule and milestones to ensure
expeditious compliance with the requirements of
subsection (b)(1)(B) in the event the requested
modification is denied, including interim effluent
limits and design activities to be undertaken while the
application is pending.
``(B) A schedule and interim milestones to ensure
expeditious compliance with the requirements of any
modification of subsection (b)(1)(B) in the event the
requested modification is approved.
``(C) A commitment by the applicant to contribute
not less than $400,000 to the Mayaguez Watershed
Initiative in accordance with such schedules as may be
specified in the consent decree.
``(3) Initial determination.--On or before the 270th day
after the date of submittal of an application under paragraph
(2) that has been deemed complete by the Administrator, the
Administrator shall issue to the applicant a tentative
determination regarding the requested modification.
``(4) Final determination.--On or before the 270th day
after the date of issuance of the tentative determination under
paragraph (3), the Administrator shall issue a final
determination regarding the modification.
``(5) Additional condition.--The Administrator may not
grant a modification pursuant to an application submitted under
this subsection unless the Administrator determines that the
new deep water ocean outfall will use a well-designed and
operated diffuser that discharges into unstressed ocean waters
and is situated so as to avoid discharge (or transport of
discharged pollutants) to coral reefs, other sensitive marine
resources or recreational areas, and shorelines.
``(6) Effectiveness.--If a modification is granted pursuant
to an application submitted under this subsection, such
modification shall be effective only if the new deepwater ocean
outfall is operational on or before the date that is 4\1/2\
years after the date of the Administrator's initial tentative
determination on the application.''.
SEC. 3. NATIONAL ESTUARY PROGRAM.
(a) Grants for Comprehensive Conservation and Management Plans.--
Section 320(g)(2) of the Federal Water Pollution Control Act (33 U.S.C.
1330(g)(2)) is amended by inserting ``and implementation'' after
``development''.
(b) Authorization of Appropriations.--Section 320(i) of such Act
(33 U.S.C. 1330(i)) is amended by striking ``1987'' and all that
follows through ``1991'' and inserting the following: ``1987 through
1991, such sums as may be necessary for fiscal years 1992 through 1997,
and $20,000,000 for fiscal year 1998''.
Passed the House of Representatives November 13, 1997.
Attest:
ROBIN H. CARLE,
Clerk. | Coastal Pollution Reduction Act of 1997 - Amends the Federal Water Pollution Control Act to require the owner or operator of the Mayaguez, Puerto Rico, publicly owned treatment works, in order to be eligible to apply for a waiver of secondary treatment requirements, to transmit to the Administrator of the Environmental Protection Agency the results of a study of the marine environment of coastal areas in the Mayaguez area to determine the feasibility of constructing a deep ocean outfall for the treatment works. Authorizes the owner or operator of such treatment works to submit an application for modification of secondary treatment requirements. Prohibits the filing of such application unless the applicant has entered into a binding consent decree with the United States that includes certain minimum requirements for schedules of compliance, milestones, and a commitment to contribute a minimum amount to the Mayaguez Watershed Initiative. Bars the Administrator from granting a modification unless the outfall will use a well-designed and operated diffuser that discharges into unstressed ocean waters and is situated so as to avoid discharge to coral reefs, sensitive marine resources or recreational areas, and shorelines. Makes a modification effective only if the outfall is operational within four and a half years of the date of the Administrator's initial determination on the application. Permits certain grants for the development of estuary conservation and management plans to be used for the implementation of plans as well. Extends the authorization of appropriations for the National Estuary Program through FY 1998. | Coastal Pollution Reduction Act of 1997 | 7,213 | 1,641 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Coastal Pollution Reduction Act of 1997". <SECTION-HEADER> MAYAGUEZ, PUERTO RICO. Findings. Congress makes the following findings: The existing discharge from the Mayaguez publicly owned treatment works is to the stressed waters of Mayaguez Bay, an area containing severely degraded coral reefs, and relocation of that discharge to unstressed ocean waters could benefit the marine environment. The Federal Water Pollution Control Act should, consistent with the environmental goals of the Act, be administered with sufficient flexibility to take into consideration the unique characteristics of Mayaguez, Puerto Rico. Some deep ocean areas off the coastline of Mayaguez, Puerto Rico, might be able to receive a less-than-secondary sewage discharge while still maintaining healthy and diverse marine life. A properly designed and operated deep ocean outfall off the coast of Mayaguez, Puerto Rico, coupled with other pollution reduction activities in the Mayaguez Watershed could facilitate compliance with the requirements and purposes of the Federal Water Pollution Control Act without the need for more costly treatment. The owner or operator of the Mayaguez publicly owned treatment works should be afforded an opportunity to make the necessary scientific studies and submit an application proposing use of a deep ocean outfall for review by the Administrator of the Environmental Protection Agency under section 301(h) of the Federal Water Pollution Control Act. Application for Secondary Treatment Waiver for Mayaguez, Puerto Rico, Deep Ocean Outfall. Section 301 of the Federal Water Pollution Control Act is amended by adding at the end the following: Application for Waiver. Study. In order to be eligible to apply for a waiver under this section, the owner or operator of the Mayaguez, Puerto Rico, publicly owned treatment works shall transmit to the Administrator a report on the results of a study of the marine environment of coastal areas in the Mayaguez area to determine the feasibility of constructing a deep ocean outfall for the Mayaguez treatment works. In conducting the study, the owner or operator shall consider variations in the currents, tidal movement, and other hydrological and geological characteristics at any proposed outfall location. Such study may recommend one or more technically feasible and environmentally acceptable locations for a deep ocean outfall intended to meet the requirements of subsection (h). Such study may be initiated, expanded, or continued not later than 3 months after the date of the enactment of this subsection. Section 301(h) application for mayaguez, puerto rico. Notwithstanding subsection (j)(1)(A), not later than 18 months after the date of the enactment of this subsection, an application may be submitted for a modification pursuant to subsection (h) of the requirements of subsection (b)(1)(B) by the owner or operator of the Mayaguez, Puerto Rico, publicly owned treatment works at a location recommended in a study conducted pursuant to paragraph (1). Such application shall not be subject to the application revision procedures of section 125.59(d) of title 40, Code of Federal Regulations. No such application may be filed unless and until the applicant has entered into a binding consent decree with the United States that includes, at a minimum, the following: A schedule and milestones to ensure expeditious compliance with the requirements of subsection (b)(1)(B) in the event the requested modification is denied, including interim effluent limits and design activities to be undertaken while the application is pending. A schedule and interim milestones to ensure expeditious compliance with the requirements of any modification of subsection (b)(1)(B) in the event the requested modification is approved. A commitment by the applicant to contribute not less than $400,000 to the Mayaguez Watershed Initiative in accordance with such schedules as may be specified in the consent decree. Initial determination. On or before the 270th day after the date of submittal of an application under paragraph that has been deemed complete by the Administrator, the Administrator shall issue to the applicant a tentative determination regarding the requested modification. Final determination. On or before the 270th day after the date of issuance of the tentative determination under paragraph (3), the Administrator shall issue a final determination regarding the modification. Additional condition. The Administrator may not grant a modification pursuant to an application submitted under this subsection unless the Administrator determines that the new deep water ocean outfall will use a well-designed and operated diffuser that discharges into unstressed ocean waters and is situated so as to avoid discharge to coral reefs, other sensitive marine resources or recreational areas, and shorelines. Effectiveness. If a modification is granted pursuant to an application submitted under this subsection, such modification shall be effective only if the new deepwater ocean outfall is operational on or before the date that is 412 years after the date of the Administrator's initial tentative determination on the application.". <SECTION-HEADER> NATIONAL ESTUARY PROGRAM. Grants for Comprehensive Conservation and Management Plans. Section 320(g)(2) of the Federal Water Pollution Control Act (33 USC. 1330(g)(2)) is amended by inserting "and implementation" after "development". Authorization of Appropriations. Section 320(i) of such Act (33 USC. 1330(i)) is amended by striking "1987" and all that follows through "1991" and inserting the following: "1987 through 1991, such sums as may be necessary for fiscal years 1992 through 1997, and $20,000,000 for fiscal year 1998". Passed the House of Representatives November 13, 1997. Attest: ROBIN H. CARLE, Clerk. | Coastal Pollution Reduction Act of 1997 - Amends the Federal Water Pollution Control Act to require the owner or operator of the Mayaguez, Puerto Rico, publicly owned treatment works, in order to be eligible to apply for a waiver of secondary treatment requirements, to transmit to the Administrator of the Environmental Protection Agency the results of a study of the marine environment of coastal areas in the Mayaguez area to determine the feasibility of constructing a deep ocean outfall for the treatment works. Authorizes the owner or operator of such treatment works to submit an application for modification of secondary treatment requirements. Prohibits the filing of such application unless the applicant has entered into a binding consent decree with the United States that includes certain minimum requirements for schedules of compliance, milestones, and a commitment to contribute a minimum amount to the Mayaguez Watershed Initiative. Bars the Administrator from granting a modification unless the outfall will use a well-designed and operated diffuser that discharges into unstressed ocean waters and is situated so as to avoid discharge to coral reefs, sensitive marine resources or recreational areas, and shorelines. Makes a modification effective only if the outfall is operational within four and a half years of the date of the Administrator's initial determination on the application. Permits certain grants for the development of estuary conservation and management plans to be used for the implementation of plans as well. Extends the authorization of appropriations for the National Estuary Program through FY 1998. | Coastal Pollution Reduction Act of 1997 |
104_hr3316 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Public Employee Retirement Security
Act of 1996''.
SEC. 2. TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415.
(a) Compensation Limit.--Subsection (b) of section 415 of the
Internal Revenue Code of 1986 is amended by adding immediately after
paragraph (10) the following new paragraph:
``(11) Special limitation rule for governmental plans.--In
the case of a governmental plan (as defined in section 414(d)),
subparagraph (B) of paragraph (1) shall not apply.''
(b) Treatment of Certain Excess Benefit Plans.--
(1) In general.--Section 415 of such Code is amended by
adding at the end the following new subsection:
``(m) Treatment of Qualified Governmental Excess Benefit
Arrangements.--
``(1) Governmental plan not affected.--In determining
whether a governmental plan (as defined in section 414(d))
meets the requirements of this section, benefits provided under
a qualified governmental excess benefit arrangement shall not
be taken into account. Income accruing to a governmental plan
(or to a trust that is maintained solely for the purpose of
providing benefits under a qualified governmental excess
benefit arrangement) in respect of a qualified governmental
excess benefit arrangement shall constitute income derived from
the exercise of an essential governmental function upon which
such governmental plan (or trust) shall be exempt from tax
under section 115.
``(2) Taxation of participant.--For purposes of this
chapter--
``(A) the taxable year or years for which amounts
in respect of a qualified governmental excess benefit
arrangement are includible in gross income by a
participant, and
``(B) the treatment of such amounts when so
includible by the participant,
shall be determined as if such qualified governmental excess
benefit arrangement were treated as a plan for the deferral of
compensation which is maintained by a corporation not exempt
from tax under this chapter and which does not meet the
requirements for qualification under section 401.
``(3) Qualified governmental excess benefit arrangement.--
For purposes of this subsection, the term `qualified
governmental excess benefit arrangement' means a portion of a
governmental plan if--
``(A) such portion is maintained solely for the
purpose of providing to participants in the plan that
part of the participant's annual benefit otherwise
payable under the terms of the plan that exceeds the
limitations on benefits imposed by this section,
``(B) under such portion no election is provided at
any time to the participant (directly or indirectly) to
defer compensation, and
``(C) benefits described in subparagraph (A) are
not paid from a trust forming a part of such
governmental plan unless such trust is maintained
solely for the purpose of providing such benefits.''
(2) Coordination with section 457.--Subsection (e) of
section 457 of such Code is amended by adding at the end the
following new paragraph:
``(14) Treatment of qualified governmental excess benefit
arrangements.--Subsections (b)(2) and (c)(1) shall not apply to
any qualified governmental excess benefit arrangement (as
defined in section 415(m)(3)), and benefits provided under such
an arrangement shall not be taken into account in determining
whether any other plan is an eligible deferred compensation
plan.''
(3) Conforming amendment.--Paragraph (2) of section 457(f)
of such Code is amended by striking ``and'' at the end of
subparagraph (C), by striking the period at the end of
subparagraph (D) and inserting ``, and'', and by adding at the
end the following new subparagraph:
``(E) a qualified governmental excess benefit
arrangement described in section 415(m).''
(c) Exemption for Survivor and Disability Benefits.--Paragraph (2)
of section 415(b) of such Code is amended by adding at the end the
following new subparagraph:
``(I) Exemption for survivor and disability
benefits provided under governmental plans.--Paragraph
(5) and subparagraph (C) of this paragraph shall not
apply to--
``(i) income received from a governmental
plan (as defined in section 414(d)) as a
pension, annuity, or similar allowance as the
result of the recipient becoming disabled by
reason of personal injuries or sickness, or
``(ii) amounts received from a governmental
plan by the beneficiaries, survivors, or the
estate of an employee as the result of the
death of the employee.''
(d) Revocation of Grandfather Election.--
(1) In general.--Subparagraph (C) of section 415(b)(10) of
such Code is amended by adding at the end the following new
clause:
``(ii) Revocation of election.--An election
under clause (i) may be revoked not later than
the last day of the third plan year beginning
after the date of the enactment of this clause.
The revocation shall apply to all plan years to
which the election applied and to all
subsequent plan years. Any amount paid by a
plan in a taxable year ending after the
revocation shall be includible in income in
such taxable year under the rules of this
chapter in effect for such taxable year, except
that, for purposes of applying the limitations
imposed by this section, any portion of such
amount which is attributable to any taxable
year during which the election was in effect
shall be treated as received in such taxable
year.''
(2) Conforming amendment.--Subparagraph (C) of section
415(b)(10) of such Code is amended by striking ``This'' and
inserting:
``(i) In general.--This''.
(e) Compensation.--Subsection (k) of section 415 of such Code is
amended by adding at the end the following new paragraph:
``(3) Definition of compensation for government plans.--For
purposes of this section, in the case of a governmental plan
(as defined in section 414(d)), the term `compensation'
includes, in addition to the amounts described in subsection
(c)(3)--
``(A) any elective deferral (as defined in section
402(g)(3)), and
``(B) any amount which is contributed by the
employer at the election of the employee and which is
not includible in the gross income of the employee
under section 125 or 457.''
(f) Effective Date.--
(1) In general.--The amendments made by subsections (a),
(b), (c), and (e) shall apply to years beginning after the date
of the enactment of this Act. The amendments made by subsection
(d) shall apply with respect to revocations adopted after the
date of the enactment of this Act.
(2) Treatment for years beginning before date of
enactment.--Nothing in the amendments made by this section
shall be construed to infer that a governmental plan (as
defined in section 414(d) of the Internal Revenue Code of 1986)
fails to satisfy the requirements of section 415 of such Code
for any taxable year beginning before the date of the enactment
of this Act.
SEC. 3. TREATMENT OF DEFERRED COMPENSATION PLANS OF STATE AND LOCAL
GOVERNMENTS AND TAX-EXEMPT ORGANIZATIONS.
(a) Special Rules for Plan Distributions.--Paragraph (9) of section
457(e) of the Internal Revenue Code of 1986 (relating to other
definitions and special rules) is amended to read as follows:
``(9) Benefits not treated as made available by reason of
certain elections, etc.--
``(A) Total amount payable is $3,500 or less.--The
total amount payable to a participant under the plan
shall not be treated as made available merely because
the participant may elect to receive such amount (or
the plan may distribute such amount without the
participant's consent) if--
``(i) such amount does not exceed $3,500,
and
``(ii) such amount may be distributed only
if--
``(I) no amount has been deferred
under the plan with respect to such
participant during the 2-year period
ending on the date of the distribution,
and
``(II) there has been no prior
distribution under the plan to such
participant to which this subparagraph
applied.
A plan shall not be treated as failing to meet the
distribution requirements of subsection (d) by reason
of a distribution to which this subparagraph applies.
``(B) Election to defer commencement of
distributions.--The total amount payable to a
participant under the plan shall not be treated as made
available merely because the participant may elect to
defer commencement of distributions under the plan if--
``(i) such election is made after amounts
may be available under the plan in accordance
with subsection (d)(1)(A) and before
commencement of such distributions, and
``(ii) the participant may make only 1 such
election.''.
(b) Cost-of-Living Adjustment of Maximum Deferral Amount.--
Subsection (e) of section 457 of such Code, as amended by section
2(b)(2) (relating to governmental plans), is amended by adding at the
end the following new paragraph:
``(15) Cost-of-living adjustment of maximum deferral
amount.--The Secretary shall adjust the $7,500 amount specified
in subsections (b)(2) and (c)(1) at the same time and in the
same manner as under section 415(d), except that the base
period shall be the calendar quarter ending September 30, 1995,
and any increase under this paragraph which is not a multiple
of $500 shall be rounded to the next lowest multiple of
$500.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
SEC. 4. TRUST REQUIREMENT FOR DEFERRED COMPENSATION PLANS OF STATE AND
LOCAL GOVERNMENTS.
(a) In General.--Section 457 of the Internal Revenue Code of 1986
is amended by adding at the end the following new subsection:
``(g) Governmental Plans Must Maintain Set Asides for Exclusive
Benefit of Participants.--
``(1) In general.--A plan maintained by an eligible
employer described in subsection (e)(1)(A) shall not be treated
as an eligible deferred compensation plan unless all assets and
income of the plan described in subsection (b)(6) are held in
trust for the exclusive benefit of participants and their
beneficiaries.
``(2) Taxability of trusts and participants.--For purposes
of this title--
``(A) a trust described in paragraph (1) shall be
treated as an organization exempt from taxation under
section 501(a), and
``(B) notwithstanding any other provision of this
title, amounts in the trust shall be includible in the
gross income of participants and beneficiaries only to
the extent, and at the time, provided in this section.
``(3) Custodial accounts and contracts.--For purposes of
this subsection, custodial accounts and contracts described in
section 401(f) shall be treated as trusts under rules similar
to the rules under section 401(f).''
(b) Conforming Amendment.--Paragraph (6) of section 457(b) of such
Code is amended by inserting ``except as provided in subsection (g),''
before ``which provides that''.
(c) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to assets and
income described in section 457(b)(6) of such Code held by a
plan on and after the date of the enactment of this Act.
(2) Transition rule.--In the case of assets and income
described in paragraph (1) held by a plan before the first day
of the first calendar quarter beginning after the close of the
first regular session of the State legislature of the State in
which the governmental entity maintaining the plan is located
beginning after the date of the enactment of this Act, a trust
need not be established by reason of the amendments made by
this section before such first day. For purposes of the
preceding sentence, in the case of a State that has a 2-year
legislative session, each year of such session shall be deemed
to be a separate regular session of the State legislature. | Public Employee Retirement Security Act of 1996 - Amends the Internal Revenue Code to make inapplicable to defined benefit governmental plans a rule limiting benefits to 100 percent of a participant's average compensation for the participant's high three years. Provides for the treatment of and defines qualified governmental excess benefit arrangements. Exempts survivor and disability benefits under governmental plans from certain otherwise required benefit reductions. Revises provisions concerning the treatment of deferred benefits plans of State and local governments and tax-exempt organizations. | Public Employee Retirement Security Act of 1996 | 14,764 | 605 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Public Employee Retirement Security Act of 1996". <SECTION-HEADER> TREATMENT OF GOVERNMENTAL PLANS UNDER SECTION 415. Compensation Limit. Subsection (b) of section 415 of the Internal Revenue Code of 1986 is amended by adding immediately after paragraph (10) the following new paragraph: Special limitation rule for governmental plans. In the case of a governmental plan (as defined in section 414(d)), subparagraph (B) of paragraph (1) shall not apply." Treatment of Certain Excess Benefit Plans. In general. Section 415 of such Code is amended by adding at the end the following new subsection: Treatment of Qualified Governmental Excess Benefit Arrangements. Governmental plan not affected. In determining whether a governmental plan (as defined in section 414(d)) meets the requirements of this section, benefits provided under a qualified governmental excess benefit arrangement shall not be taken into account. Income accruing to a governmental plan in respect of a qualified governmental excess benefit arrangement shall constitute income derived from the exercise of an essential governmental function upon which such governmental plan shall be exempt from tax under section 115. Taxation of participant. For purposes of this chapter the taxable year or years for which amounts in respect of a qualified governmental excess benefit arrangement are includible in gross income by a participant, and the treatment of such amounts when so includible by the participant, shall be determined as if such qualified governmental excess benefit arrangement were treated as a plan for the deferral of compensation which is maintained by a corporation not exempt from tax under this chapter and which does not meet the requirements for qualification under section 401. Qualified governmental excess benefit arrangement. For purposes of this subsection, the term `qualified governmental excess benefit arrangement' means a portion of a governmental plan if such portion is maintained solely for the purpose of providing to participants in the plan that part of the participant's annual benefit otherwise payable under the terms of the plan that exceeds the limitations on benefits imposed by this section, under such portion no election is provided at any time to the participant to defer compensation, and benefits described in subparagraph (A) are not paid from a trust forming a part of such governmental plan unless such trust is maintained solely for the purpose of providing such benefits." Coordination with section 457. Subsection (e) of section 457 of such Code is amended by adding at the end the following new paragraph: Treatment of qualified governmental excess benefit arrangements. Subsections (b)(2) and (c)(1) shall not apply to any qualified governmental excess benefit arrangement (as defined in section 415(m)(3)), and benefits provided under such an arrangement shall not be taken into account in determining whether any other plan is an eligible deferred compensation plan." Conforming amendment. Paragraph (2) of section 457(f) of such Code is amended by striking "and" at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ", and", and by adding at the end the following new subparagraph: a qualified governmental excess benefit arrangement described in section 415(m)." Exemption for Survivor and Disability Benefits. Paragraph (2) of section 415(b) of such Code is amended by adding at the end the following new subparagraph: Exemption for survivor and disability benefits provided under governmental plans. Paragraph and subparagraph (C) of this paragraph shall not apply to income received from a governmental plan (as defined in section 414(d)) as a pension, annuity, or similar allowance as the result of the recipient becoming disabled by reason of personal injuries or sickness, or amounts received from a governmental plan by the beneficiaries, survivors, or the estate of an employee as the result of the death of the employee." Revocation of Grandfather Election. In general. Subparagraph (C) of section 415(b)(10) of such Code is amended by adding at the end the following new clause: Revocation of election. An election under clause (i) may be revoked not later than the last day of the third plan year beginning after the date of the enactment of this clause. The revocation shall apply to all plan years to which the election applied and to all subsequent plan years. Any amount paid by a plan in a taxable year ending after the revocation shall be includible in income in such taxable year under the rules of this chapter in effect for such taxable year, except that, for purposes of applying the limitations imposed by this section, any portion of such amount which is attributable to any taxable year during which the election was in effect shall be treated as received in such taxable year." Conforming amendment. Subparagraph (C) of section 415(b)(10) of such Code is amended by striking "This" and inserting: In general. This". Compensation. Subsection (k) of section 415 of such Code is amended by adding at the end the following new paragraph: Definition of compensation for government plans. For purposes of this section, in the case of a governmental plan (as defined in section 414(d)), the term `compensation' includes, in addition to the amounts described in subsection (3) any elective deferral (as defined in section 402(g)(3)), and any amount which is contributed by the employer at the election of the employee and which is not includible in the gross income of the employee under section 125 or 457." Effective Date. In general. The amendments made by subsections (a). (c), and (e) shall apply to years beginning after the date of the enactment of this Act. The amendments made by subsection shall apply with respect to revocations adopted after the date of the enactment of this Act. Treatment for years beginning before date of enactment. Nothing in the amendments made by this section shall be construed to infer that a governmental plan (as defined in section 414 fails to satisfy the requirements of section 415 of such Code for any taxable year beginning before the date of the enactment of this Act. <SECTION-HEADER> TREATMENT OF DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS AND TAX-EXEMPT ORGANIZATIONS. Special Rules for Plan Distributions. Paragraph (9) of section 457(e) of the Internal Revenue Code of 1986 is amended to read as follows: Benefits not treated as made available by reason of certain elections, etc. Total amount payable is $3,500 or less. The total amount payable to a participant under the plan shall not be treated as made available merely because the participant may elect to receive such amount if such amount does not exceed $3,500, and such amount may be distributed only if no amount has been deferred under the plan with respect to such participant during the 2-year period ending on the date of the distribution, and there has been no prior distribution under the plan to such participant to which this subparagraph applied. A plan shall not be treated as failing to meet the distribution requirements of subsection (d) by reason of a distribution to which this subparagraph applies. Election to defer commencement of distributions. The total amount payable to a participant under the plan shall not be treated as made available merely because the participant may elect to defer commencement of distributions under the plan if such election is made after amounts may be available under the plan in accordance with subsection (d)(1)(A) and before commencement of such distributions, and the participant may make only 1 such election.". Cost-of-Living Adjustment of Maximum Deferral Amount. Subsection (e) of section 457 of such Code, as amended by section 2(b)(2) , is amended by adding at the end the following new paragraph: Cost-of-living adjustment of maximum deferral amount. The Secretary shall adjust the $7,500 amount specified in subsections (b)(2) and (c)(1) at the same time and in the same manner as under section 415(d), except that the base period shall be the calendar quarter ending September 30, 1995, and any increase under this paragraph which is not a multiple of $500 shall be rounded to the next lowest multiple of $500.". Effective Date. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <SECTION-HEADER> TRUST REQUIREMENT FOR DEFERRED COMPENSATION PLANS OF STATE AND LOCAL GOVERNMENTS. In General. Section 457 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Governmental Plans Must Maintain Set Asides for Exclusive Benefit of Participants. In general. A plan maintained by an eligible employer described in subsection (e)(1)(A) shall not be treated as an eligible deferred compensation plan unless all assets and income of the plan described in subsection (b)(6) are held in trust for the exclusive benefit of participants and their beneficiaries. Taxability of trusts and participants. For purposes of this title a trust described in paragraph (1) shall be treated as an organization exempt from taxation under section 501(a), and notwithstanding any other provision of this title, amounts in the trust shall be includible in the gross income of participants and beneficiaries only to the extent, and at the time, provided in this section. Custodial accounts and contracts. For purposes of this subsection, custodial accounts and contracts described in section 401(f) shall be treated as trusts under rules similar to the rules under section 401(f)." Conforming Amendment. Paragraph (6) of section 457(b) of such Code is amended by inserting "except as provided in subsection (g)," before "which provides that". Effective Dates. In general. Except as provided in paragraph (2), the amendments made by this section shall apply to assets and income described in section 457(b)(6) of such Code held by a plan on and after the date of the enactment of this Act. Transition rule. In the case of assets and income described in paragraph (1) held by a plan before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature of the State in which the governmental entity maintaining the plan is located beginning after the date of the enactment of this Act, a trust need not be established by reason of the amendments made by this section before such first day. For purposes of the preceding sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. | Public Employee Retirement Security Act of 1996 - Amends the Internal Revenue Code to make inapplicable to defined benefit governmental plans a rule limiting benefits to 100 percent of a participant's average compensation for the participant's high three years. Provides for the treatment of and defines qualified governmental excess benefit arrangements. Exempts survivor and disability benefits under governmental plans from certain otherwise required benefit reductions. Revises provisions concerning the treatment of deferred benefits plans of State and local governments and tax-exempt organizations. | Public Employee Retirement Security Act of 1996 |
103_hr4027 | SECTION 1. PENALTY-FREE DISTRIBUTIONS FROM CERTAIN RETIREMENT PLANS TO
REPAIR OR REPLACE CERTAIN PROPERTY DAMAGED IN
PRESIDENTIALLY-DECLARED DISASTERS.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 (relating to exceptions to 10-percent additional
tax on early distributions from qualified retirement plans) is amended
by adding at the end thereof the following new subparagraph:
``(D) Distributions from certain retirement plans
for disaster-related expenses.--Distributions from an
individual retirement plan, or from amounts
attributable to employer contributions made pursuant to
elective deferrals described in subparagraph (A) or (C)
of section 402(g)(3) or section 501(c)(18)(D)(iii),
which are qualified disaster-related distributions (as
defined in paragraph (6)).''
(b) Definitions.--Section 72(t) of such Code is amended by adding
at the end thereof the following new paragraph:
``(6) Qualified disaster-related distributions.--
``(A) In general.--For purposes of paragraph
(2)(D), the term `qualified disaster-related
distribution' means any distribution received by an
individual to the extent such distribution is used by
such individual before the close of the 60th day after
the day on which such distribution is received to pay
for the repair or replacement of qualified disaster-
damaged property which is--
``(i) personal property of such individual,
or
``(ii) a residence of such individual.
``(B) Limitations.--
``(i) Only distributions within first 1
year to qualify.--Paragraph (2)(D) shall not
apply to any distribution made more than 1 year
after the date of the determination referred to
in subparagraph (C)(ii).
``(ii) Withdrawals limited to uninsured
losses.--Paragraph (2)(D) shall apply to
distributions to repair or replace any
property--
``(I) only to the extent of the
loss sustained with respect to such
property which is not compensated for
by insurance or otherwise, and
``(II) in the case of property
covered by insurance, only if a timely
claim is filed for compensation by such
insurance on the loss sustained with
respect to such property.
``(C) Definitions.--For purposes of this
paragraph--
``(i) Disaster-damaged property.--The term
`qualified disaster-damaged property' means
property--
``(I) which was located in a
disaster area on the date of the
determination referred to in clause
(ii),
``(II) which was damaged or
destroyed as a result of the disaster
occurring in such area, and
``(III) which is not connected with
a trade or business or a transaction
entered into for profit.
``(ii) Disaster area.--The term `disaster
area' means an area determined by the President
to warrant assistance under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act.
``(D) Special rules relating to replacement of
residence.--For purposes of this paragraph--
``(i) Certain costs included.--The cost of
replacing a residence includes any usual or
reasonable settlement, financing, or other
closing costs.
``(ii) Special rule where delay in
acquisition.--If any distribution fails to meet
the requirements of subparagraph (A) solely by
reason of a delay or cancellation of the
purchase or construction of a residence, the
amount of the distribution may be contributed
to an individual retirement plan as provided in
section 408(d)(3)(A)(i) (determined by
substituting `120 days' for `60 days' in such
section), except that--
``(I) section 408(d)(3)(B) shall
not be applied to such contribution,
and
``(II) such amount shall not be
taken into account in determining
whether section 408(d)(3)(A)(i) applies
to any other amount.''
(c) Conforming Amendments.--
(1) Section 401(k)(2)(B)(i) of such Code is amended by
striking ``or'' at the end of subclause (III), by striking
``and'' at the end of subclause (IV) and inserting ``or'', and
by inserting after subclause (IV) the following new subclause:
``(V) the date on which qualified
disaster-related distributions (as
defined in section 72(t)(6)) are made,
and''.
(2) Section 403(b)(11) of such Code 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
inserting after subparagraph (B) the following new
subparagraph:
``(C) for qualified disaster-related distributions
(as defined in section 72(t)(6)).''
(d) Effective Date.--The amendments made by this section shall
apply to distributions after December 31, 1993, with respect to areas
determined after such date to warrant assistance under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act. | Amends the Internal Revenue Code to allow penalty-free distributions from certain retirement plans to pay for the repair or replacement of qualified disaster-damaged property. | To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from certain retirement plans for the repair or replacement of certain property damaged in a Presidentially-declared disaster. | 7,035 | 175 | <SECTION-HEADER> PENALTY-FREE DISTRIBUTIONS FROM CERTAIN RETIREMENT PLANS TO REPAIR OR REPLACE CERTAIN PROPERTY DAMAGED IN PRESIDENTIALLY-DECLARED DISASTERS. In General. Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end thereof the following new subparagraph: Distributions from certain retirement plans for disaster-related expenses. Distributions from an individual retirement plan, or from amounts attributable to employer contributions made pursuant to elective deferrals described in subparagraph (A) or (C) of section 402(g)(3) or section 501(c)(18)(D)(iii), which are qualified disaster-related distributions (as defined in paragraph (6))." Definitions. Section 72(t) of such Code is amended by adding at the end thereof the following new paragraph: Qualified disaster-related distributions. In general. For purposes of paragraph (D), the term `qualified disaster-related distribution' means any distribution received by an individual to the extent such distribution is used by such individual before the close of the 60th day after the day on which such distribution is received to pay for the repair or replacement of qualified disaster- damaged property which is personal property of such individual, or a residence of such individual. Limitations. Only distributions within first 1 year to qualify. Paragraph (2)(D) shall not apply to any distribution made more than 1 year after the date of the determination referred to in subparagraph (C)(ii). Withdrawals limited to uninsured losses. Paragraph (2)(D) shall apply to distributions to repair or replace any property only to the extent of the loss sustained with respect to such property which is not compensated for by insurance or otherwise, and in the case of property covered by insurance, only if a timely claim is filed for compensation by such insurance on the loss sustained with respect to such property. Definitions. For purposes of this paragraph Disaster-damaged property. The term `qualified disaster-damaged property' means property which was located in a disaster area on the date of the determination referred to in clause , which was damaged or destroyed as a result of the disaster occurring in such area, and which is not connected with a trade or business or a transaction entered into for profit. Disaster area. The term `disaster area' means an area determined by the President to warrant assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Special rules relating to replacement of residence. For purposes of this paragraph Certain costs included. The cost of replacing a residence includes any usual or reasonable settlement, financing, or other closing costs. Special rule where delay in acquisition. If any distribution fails to meet the requirements of subparagraph (A) solely by reason of a delay or cancellation of the purchase or construction of a residence, the amount of the distribution may be contributed to an individual retirement plan as provided in section 408(d)(3)(A)(i) , except that section 408(d)(3)(B) shall not be applied to such contribution, and such amount shall not be taken into account in determining whether section 408(d)(3)(A)(i) applies to any other amount." Conforming Amendments. Section 401(k)(2)(B)(i) of such Code is amended by striking "or" at the end of subclause (III), by striking "and" at the end of subclause (IV) and inserting "or", and by inserting after subclause (IV) the following new subclause: the date on which qualified disaster-related distributions (as defined in section 72(t)(6)) are made, and". Section 403(b)(11) of such Code 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 inserting after subparagraph (B) the following new subparagraph: for qualified disaster-related distributions (as defined in section 72(t)(6))." Effective Date. The amendments made by this section shall apply to distributions after December 31, 1993, with respect to areas determined after such date to warrant assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. | Amends the Internal Revenue Code to allow penalty-free distributions from certain retirement plans to pay for the repair or replacement of qualified disaster-damaged property. | To amend the Internal Revenue Code of 1986 to allow penalty-free withdrawals from certain retirement plans for the repair or replacement of certain property damaged in a Presidentially-declared disaster. |
115_hr1567 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``United States-Mexico Economic
Partnership Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States and Mexico have benefitted from a
bilateral, mutually beneficial partnership focused on advancing
the economic interests of both countries.
(2) In 2013, Mexico adopted major energy reforms that
opened its energy sector to private investment, increasing
energy cooperation between Mexico and the United States and
opening new opportunities for United States energy engagement.
(3) On January 18, 2018, the Principal Deputy Assistant
Secretary for Educational and Cultural Affairs at the
Department of State stated, ``Our exchange programs build
enduring relationships and networks to advance U.S. national
interests and foreign policy goals. . . The role of our
exchanges. . . in advancing U.S. national security and economic
interests enjoys broad bipartisan support from Congress and
other stakeholders, and provides a strong return on
investment.''.
(4) According to the Institute of International Education,
in the 2015-2016 academic year, more than 56,000 United States
students studied in other countries in the Western Hemisphere
region while more than 84,000 non-United States students from
the region studied in the United States, but only 5,000 of
those United States students studied in Mexico and only 16,000
of those non-United States students were from Mexico.
(5) In March 2011, the United States launched the 100,000
Strong in the Americas Initiative, which seeks to increase
educational exchanges between the United States and other
countries in the Western Hemisphere region so that 100,000
United States students are studying in other countries in the
Western Hemisphere region and 100,000 non-United States
students from the region are studying in the United States per
year by 2020.
(6) In January 2014, the United States established the
100,000 Strong in the Americas Innovation Fund, which seeks to
realize the goals of the 100,000 Strong in the Americas
Initiative by facilitating a public-private partnership between
the Department of State and nongovernmental organizations,
corporations, and universities in the United States and other
countries of the Western Hemisphere region.
(7) To date, the 100,000 Strong in the Americas Innovation
Fund has awarded more than 100 grants to more than 250 higher
education institutions from 25 countries in the Western
Hemisphere region, and has raised $9,000,000 in investments, 75
percent of which was from corporations, foundations, and
regional governments.
SEC. 3. STATEMENT OF POLICY.
It is the policy of the United States--
(1) to continue deepening economic cooperation between the
United States and Mexico; and
(2) to seek to prioritize and expand educational and
professional exchange programs with Mexico, including through
the framework of the 100,000 Strong in the Americas Initiative.
SEC. 4. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND PROFESSIONAL
EXCHANGE PROGRAMS WITH MEXICO.
(a) In General.--The Secretary of State shall develop a strategy to
carry out the policy described in section 3, to include prioritizing
and expanding educational and professional exchange programs with
Mexico through the framework of the 100,000 Strong in the Americas
Initiative.
(b) Elements.--The strategy required under subsection (a) shall--
(1) encourage more academic exchanges between the United
States and Mexico at the secondary, post-secondary, and post-
graduate levels, especially with communities and through
academic institutions in the covered United States-Mexico
border region;
(2) encourage United States and Mexican academic
institutions and businesses to collaborate to assist
prospective and developing entrepreneurs in strengthening their
business skills and promoting cooperation and joint business
initiatives across the United States and Mexico, with a focus
on initiatives in the covered United States-Mexico border
region;
(3) promote energy infrastructure coordination and
cooperation through support of vocational-level education,
internships, and exchanges between the United States and
Mexico, particularly in the region in which the Eagle Ford
Shale is located and in proximity to such region; and
(4) assess the feasibility of fostering partnerships
between universities in the United States and medical school
and nursing programs in Mexico to ensure that medical school
and nursing programs in Mexico have comparable accreditation
standards as medical school and nursing programs in the United
States by the Accreditation and Standards in Foreign Medical
Education, in addition to the Accreditation Commission For
Education in Nursing, so that medical students can pass medical
licensing board exams, and nursing students can pass nursing
licensing exams, in the United States.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to Congress
a report on the strategy required under subsection (a).
SEC. 5. DEFINITIONS.
In this Act:
(1) 100,000 strong in the americas initiative.--The term
``100,000 Strong in the Americas Initiative'' means the
initiative established in March 2011 by the United States
Government to increase educational exchanges in the Western
Hemisphere.
(2) Covered united states-mexico border region.--The term
``covered United States-Mexico border region'' means those
portions of the United States and Mexico that are within 100
kilometers of the international boundary between those
countries.
Passed the House of Representatives November 27, 2018.
Attest:
KAREN L. HAAS,
Clerk. | United States-Mexico Economic Partnership Act This bill declares that it shall be US policy to increase US-Mexico academic exchanges at the secondary, post-secondary, and post-graduate levels. The United States and Mexico should seek to contribute to doubling the number of students studying in each other's country within five years. Priority should be given to strengthening ties between communities and academic institutions in those portions of the United States and Mexico that are within 100 kilometers of the international boundary between those countries. The President shall develop a plan to implement policies and programs that support cooperation, training, and mentoring of entrepreneurs. Such policies and programs should seek to provide not less than 100 grants of not more than $25,000 each for program participants to better leverage participation by the private sector. The President shall develop a plan to implement policies and programs that promote US-Mexico energy infrastructure coordination and cooperation through support of vocational-level education, internships, and exchanges between the two countries. Such policies and programs should seek to provide education, internships, and exchanges for at least 1,000 program participants. The President shall develop a plan to implement a pilot program to develop a pipeline between undergraduate colleges and universities in the United States and medical school programs in Mexico. Such program should be utilized to prepare medical students to become doctors who can pass US medical licensing board exams. The pilot program should seek to increase the number of bilingual medical professionals in a cost-effective manner who can practice in US underserved communities. | United States-Mexico Economic Partnership Act | 6,664 | 1,743 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "United States-Mexico Economic Partnership Act". <SECTION-HEADER> FINDINGS. Congress finds the following: The United States and Mexico have benefitted from a bilateral, mutually beneficial partnership focused on advancing the economic interests of both countries. In 2013, Mexico adopted major energy reforms that opened its energy sector to private investment, increasing energy cooperation between Mexico and the United States and opening new opportunities for United States energy engagement. On January 18, 2018, the Principal Deputy Assistant Secretary for Educational and Cultural Affairs at the Department of State stated, "Our exchange programs build enduring relationships and networks to advance US national interests and foreign policy goals. . The role of our exchanges. . in advancing US national security and economic interests enjoys broad bipartisan support from Congress and other stakeholders, and provides a strong return on investment.". According to the Institute of International Education, in the 2015-2016 academic year, more than 56,000 United States students studied in other countries in the Western Hemisphere region while more than 84,000 non-United States students from the region studied in the United States, but only 5,000 of those United States students studied in Mexico and only 16,000 of those non-United States students were from Mexico. In March 2011, the United States launched the 100,000 Strong in the Americas Initiative, which seeks to increase educational exchanges between the United States and other countries in the Western Hemisphere region so that 100,000 United States students are studying in other countries in the Western Hemisphere region and 100,000 non-United States students from the region are studying in the United States per year by 2020. In January 2014, the United States established the 100,000 Strong in the Americas Innovation Fund, which seeks to realize the goals of the 100,000 Strong in the Americas Initiative by facilitating a public-private partnership between the Department of State and nongovernmental organizations, corporations, and universities in the United States and other countries of the Western Hemisphere region. To date, the 100,000 Strong in the Americas Innovation Fund has awarded more than 100 grants to more than 250 higher education institutions from 25 countries in the Western Hemisphere region, and has raised $9,000,000 in investments, 75 percent of which was from corporations, foundations, and regional governments. <SECTION-HEADER> STATEMENT OF POLICY. It is the policy of the United States to continue deepening economic cooperation between the United States and Mexico. And to seek to prioritize and expand educational and professional exchange programs with Mexico, including through the framework of the 100,000 Strong in the Americas Initiative. <SECTION-HEADER> STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND PROFESSIONAL EXCHANGE PROGRAMS WITH MEXICO. In General. The Secretary of State shall develop a strategy to carry out the policy described in section 3, to include prioritizing and expanding educational and professional exchange programs with Mexico through the framework of the 100,000 Strong in the Americas Initiative. Elements. The strategy required under subsection (a) shall encourage more academic exchanges between the United States and Mexico at the secondary, post-secondary, and post- graduate levels, especially with communities and through academic institutions in the covered United States-Mexico border region. Encourage United States and Mexican academic institutions and businesses to collaborate to assist prospective and developing entrepreneurs in strengthening their business skills and promoting cooperation and joint business initiatives across the United States and Mexico, with a focus on initiatives in the covered United States-Mexico border region. Promote energy infrastructure coordination and cooperation through support of vocational-level education, internships, and exchanges between the United States and Mexico, particularly in the region in which the Eagle Ford Shale is located and in proximity to such region. And assess the feasibility of fostering partnerships between universities in the United States and medical school and nursing programs in Mexico to ensure that medical school and nursing programs in Mexico have comparable accreditation standards as medical school and nursing programs in the United States by the Accreditation and Standards in Foreign Medical Education, in addition to the Accreditation Commission For Education in Nursing, so that medical students can pass medical licensing board exams, and nursing students can pass nursing licensing exams, in the United States. Report. Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress a report on the strategy required under subsection (a). <SECTION-HEADER> DEFINITIONS. In this Act: 100,000 strong in the americas initiative. The term "100,000 Strong in the Americas Initiative" means the initiative established in March 2011 by the United States Government to increase educational exchanges in the Western Hemisphere. Covered united states-mexico border region. The term "covered United States-Mexico border region" means those portions of the United States and Mexico that are within 100 kilometers of the international boundary between those countries. Passed the House of Representatives November 27, 2018. Attest: KAREN L. HAAS, Clerk. | United States-Mexico Economic Partnership Act This bill declares that it shall be US policy to increase US-Mexico academic exchanges at the secondary, post-secondary, and post-graduate levels. The United States and Mexico should seek to contribute to doubling the number of students studying in each other's country within five years. Priority should be given to strengthening ties between communities and academic institutions in those portions of the United States and Mexico that are within 100 kilometers of the international boundary between those countries. The President shall develop a plan to implement policies and programs that support cooperation, training, and mentoring of entrepreneurs. Such policies and programs should seek to provide not less than 100 grants of not more than $25,000 each for program participants to better leverage participation by the private sector. The President shall develop a plan to implement policies and programs that promote US-Mexico energy infrastructure coordination and cooperation through support of vocational-level education, internships, and exchanges between the two countries. Such policies and programs should seek to provide education, internships, and exchanges for at least 1,000 program participants. The President shall develop a plan to implement a pilot program to develop a pipeline between undergraduate colleges and universities in the United States and medical school programs in Mexico. Such program should be utilized to prepare medical students to become doctors who can pass US medical licensing board exams. The pilot program should seek to increase the number of bilingual medical professionals in a cost-effective manner who can practice in US underserved communities. | United States-Mexico Economic Partnership Act |
108_hr1017 | SECTION 1. FINDINGS.
The Congress makes the following findings:
(1) Jesse Louis Jackson, Sr. was born on October 8, 1941,
in Greenville, South Carolina.
(2) In 1965 Jesse L. Jackson, Sr. joined the civil rights
movement full-time, beginning his activism as a student leader
in the sit-in movement and continuing as a young organizer for
the Southern Christian Leadership Conference as an assistant to
Dr. Martin Luther King, Jr.
(3) On June 30, 1968, Jesse L. Jackson, Sr. became an
ordained minister, having attended the Chicago Theological
Seminary.
(4) Jesse L. Jackson, Sr. served as the national director
for Operation Breadbasket and, in 1971 in Chicago, Illinois,
founded People United to Save Humanity, known as PUSH.
(5) In 1984 Jesse L. Jackson, Sr. founded the National
Rainbow Coalition, a national social justice organization
devoted to political empowerment and to expanding educational
and employment opportunities for disadvantaged people and for
communities of color.
(6) In 1996 Jesse L. Jackson, Sr. merged the National
Rainbow Coalition and PUSH to continue the philosophies of both
organizations and to maximize their resources.
(7) Jesse L. Jackson, Sr. is, and has been for more than 30
years, one of the foremost political figures in the United
States, playing a pivotal role in virtually every movement for
human rights, civil rights, peace, gender equality,
empowerment, and economic and social justice.
(8) Jesse L. Jackson, Sr. has been and continues to be
counted on to serve as a champion and spokesman for a segment
of the population whose voices all too often are not heard.
(9) Jesse L. Jackson, Sr. has been called the ``conscience
of the Nation'' and the ``great unifier'', challenging the
United States to establish just and humane priorities.
(10) Jesse L. Jackson, Sr. has led a myriad of successful
delegations, marches, and missions for justice, peace, and
reconciliation.
(11) Jesse L. Jackson, Sr. is a highly respected world
leader who has acted on many occasions as an international
diplomat.
(12) In 1984 Jesse L. Jackson, Sr. secured the release of a
captured Navy pilot, Lieutenant Robert Goodman, who was shot
down over Lebanon. He also negotiated the release of 22
Americans and 26 Cubans in Cuba during 1984.
(13) In 1990 Jesse L. Jackson, Sr. won the release of
hundreds of foreign nationals, including 47 Americans, being
held in Iraq and Kuwait by Saddam Hussein.
(14) In October 1997 Jesse L. Jackson, Sr. was appointed by
President William Jefferson Clinton and by Secretary of State
Madeleine K. Albright as the Special Envoy of the President and
the Secretary of State for the Promotion of Democracy in
Africa.
(15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the
negotiated release of Army Specialist Steven M. Gonzales and
Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3
United States soldiers who had spent 32 days in captivity in
Yugoslavia as prisoners of war and hostages.
(16) Jesse L. Jackson, Sr. has dedicated his life to the
principles of freedom, peace, justice, international good will,
and the struggle for civil rights and equality for Americans
and for all peoples, at home and abroad.
SEC. 2. CONGRESSIONAL GOLD MEDAL.
(a) Presentation Authorized.--The President is authorized to
present, on behalf of the Congress, a gold medal of appropriate design
to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring
contributions to the Nation.
(b) Design and Striking.--For the purpose of the presentation
referred to in subsection (a), the Secretary of the Treasury shall
strike a gold medal with suitable emblems, devices, and inscriptions,
to be determined by the Secretary.
(c) Authorization of Appropriation.--Effective February 1, 2001,
there are authorized to be appropriated $30,000 to carry out this
section.
SEC. 3. DUPLICATE MEDALS.
(a) Striking and Sale.--The Secretary of the Treasury may strike
and sell duplicates in bronze of the gold medal struck under section 2
under such regulations as the Secretary may prescribe, at a price
sufficient to cover the cost thereof, including labor, materials, dies,
use of machinery, and overhead expenses, and the cost of the gold
medal.
(b) Reimbursement of Appropriation.--The appropriation used to
carry out section 2 shall be reimbursed out of the proceeds of sales
under subsection (a).
SEC. 4. NATIONAL MEDALS.
The medals struck under this Act are national medals for purposes
of chapter 51 of title 31, United States Code. | Authorizes the President to present, on behalf of Congress, a gold medal to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. | To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. | 5,110 | 173 | <SECTION-HEADER> FINDINGS. The Congress makes the following findings: Jesse Louis Jackson, Sr. was born on October 8, 1941, in Greenville, South Carolina. In 1965 Jesse L. Jackson, Sr. joined the civil rights movement full-time, beginning his activism as a student leader in the sit-in movement and continuing as a young organizer for the Southern Christian Leadership Conference as an assistant to Dr. Martin Luther King, Jr. On June 30, 1968, Jesse L. Jackson, Sr. became an ordained minister, having attended the Chicago Theological Seminary. Jesse L. Jackson, Sr. served as the national director for Operation Breadbasket and, in 1971 in Chicago, Illinois, founded People United to Save Humanity, known as PUSH. In 1984 Jesse L. Jackson, Sr. founded the National Rainbow Coalition, a national social justice organization devoted to political empowerment and to expanding educational and employment opportunities for disadvantaged people and for communities of color. In 1996 Jesse L. Jackson, Sr. merged the National Rainbow Coalition and PUSH to continue the philosophies of both organizations and to maximize their resources. Jesse L. Jackson, Sr. is, and has been for more than 30 years, one of the foremost political figures in the United States, playing a pivotal role in virtually every movement for human rights, civil rights, peace, gender equality, empowerment, and economic and social justice. Jesse L. Jackson, Sr. has been and continues to be counted on to serve as a champion and spokesman for a segment of the population whose voices all too often are not heard. Jesse L. Jackson, Sr. has been called the "conscience of the Nation" and the "great unifier", challenging the United States to establish just and humane priorities. Jesse L. Jackson, Sr. has led a myriad of successful delegations, marches, and missions for justice, peace, and reconciliation. Jesse L. Jackson, Sr. is a highly respected world leader who has acted on many occasions as an international diplomat. In 1984 Jesse L. Jackson, Sr. secured the release of a captured Navy pilot, Lieutenant Robert Goodman, who was shot down over Lebanon. He also negotiated the release of 22 Americans and 26 Cubans in Cuba during 1984. In 1990 Jesse L. Jackson, Sr. won the release of hundreds of foreign nationals, including 47 Americans, being held in Iraq and Kuwait by Saddam Hussein. In October 1997 Jesse L. Jackson, Sr. was appointed by President William Jefferson Clinton and by Secretary of State Madeleine K. Albright as the Special Envoy of the President and the Secretary of State for the Promotion of Democracy in Africa. On May 2, 1999, Jesse L. Jackson, Sr. obtained the negotiated release of Army Specialist Steven M. Gonzales and Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3 United States soldiers who had spent 32 days in captivity in Yugoslavia as prisoners of war and hostages. Jesse L. Jackson, Sr. has dedicated his life to the principles of freedom, peace, justice, international good will, and the struggle for civil rights and equality for Americans and for all peoples, at home and abroad. <SECTION-HEADER> CONGRESSIONAL GOLD MEDAL. Presentation Authorized. The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. Design and Striking. For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. Authorization of Appropriation. Effective February 1, 2001, there are authorized to be appropriated $30,000 to carry out this section. <SECTION-HEADER> DUPLICATE MEDALS. Striking and Sale. The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck under section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. Reimbursement of Appropriation. The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a). <SECTION-HEADER> NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. | Authorizes the President to present, on behalf of Congress, a gold medal to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. | To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. |
106_hr39 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Neotropical Migratory Bird
Conservation Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Neotropical migratory bird populations in nations
within the range of neotropical migratory birds have continued
to decline to the point that the long-term survival of various
species in the wild is in jeopardy.
(2) 90 North American bird species are listed as endangered
species or threatened species under section 4 of the Endangered
Species Act of 1973, and 124 species of migratory birds are
currently on the United States Fish and Wildlife Service's List
of Migratory Nongame Birds of Management Concern.
(3) The United States, through 4 bilateral treaties, has
responsibility of maintaining healthy populations of 778
species of migratory nongame birds and 58 species of migratory
game birds that migrate between the Caribbean, Latin America,
and North America.
(4) The Government of Mexico presently lists approximately
390 bird species as endangered, threatened, vulnerable, or
rare.
(5) Healthy bird populations provide important economic
benefits, such as control of detrimental insects on
agricultural crops, thus preventing the loss of millions of
dollars each year to farming and timber interests.
(6) Neotropical migratory birds travel across many
international borders, therefore the conservation of these
species requires that safeguards be established at both the
beginning and end of the migration routes, as well as at
essential stopover areas along the way.
(7) Because the challenges facing the conservation of
neotropical migratory birds are so great, resources to date
have not been sufficient to cope with continued loss of habitat
and the consequent reduction of neotropical migratory bird
populations.
(8) To reduce, remove, or otherwise effectively address
these threats through the long-term viability of populations of
neotropical migratory birds in the wild will require the joint
commitment and efforts of nations within the range of
neotropical migratory birds and the private sector.
(9) A Neotropical Migratory Bird Conservation fund would
provide much-needed support for projects aimed at protecting
critical habitat for declining migratory bird species, in an
innovative way that promotes conservation partnerships and cost
sharing through joint Federal and non-Federal support
mechanisms.
SEC. 3. PURPOSES.
The purposes of this Act are the following:
(1) To perpetuate healthy populations of neotropical
migratory birds.
(2) To assist in the conservation and protection of
neotropical migratory birds by supporting conservation
initiatives in Canada, Latin America, and the Caribbean.
(3) To provide financial resources and to foster
international cooperation for those initiatives.
SEC. 4. DEFINITIONS.
In this Act:
(1) Account.--The term ``Account'' means the Neotropical
Migratory Bird Conservation Account established by section
9(a).
(2) Conservation.--The term ``conservation'' means the use
of methods and procedures necessary to bring a species of
neotropical migratory bird to the point at which there are
sufficient populations in the wild to ensure the long-term
viability of the species, including--
(A) protection and management of neotropical
migratory bird populations;
(B) maintenance, management, protection, and
restoration of neotropical migratory bird habitat;
(C) research and monitoring;
(D) law enforcement; and
(E) community outreach and education.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 5. FINANCIAL ASSISTANCE.
(a) In General.--The Secretary shall establish a program to provide
financial assistance for projects outside of the United States to
promote the conservation of neotropical migratory birds.
(b) Project Applicants.--A project proposal may be submitted by--
(1) an individual, corporation, partnership, trust,
association, or other private entity;
(2) an officer, employee, agent, department, or
instrumentality of the Federal Government, of any State,
municipality, or political subdivision of a State, or of any
foreign government;
(3) a State, municipality, or political subdivision of a
State;
(4) any other entity subject to the jurisdiction of the
United States or of any foreign country; and
(5) an international organization (as defined in section 1
of the International Organizations Immunities Act (22 U.S.C.
288)).
(c) Project Proposals.--To be considered for financial assistance
for a project under this Act, an applicant shall submit a project
proposal that--
(1) includes--
(A) the name of the individual responsible for the
project;
(B) a succinct statement of the purposes of the
organization that will conduct the project and of the
project;
(C) a description of the qualifications of
individuals conducting the project; and
(D) an estimate of the funds and time necessary to
complete the project, including sources and amounts of
matching funds;
(2) demonstrates that the project will enhance the
conservation of neotropical migratory bird species in Latin
America, the Caribbean, or the United States;
(3) includes mechanisms to ensure adequate local public
participation in project development and implementation;
(4) contains assurances that the project will be
implemented in consultation with relevant wildlife management
authorities and other appropriate government officials with
jurisdiction over the resources addressed by the project;
(5) demonstrates sensitivity to local historic and cultural
resources and complies with applicable laws;
(6) describes how the project will promote sustainable,
effective, long-term programs to conserve neotropical migratory
birds;
(7) provides any other information that the Secretary
considers to be necessary for evaluating the proposal; and
(8) provides assurances of the financial viability of the
applicant and the project by providing financial information to
prove the applicant's ability to complete the project.
(d) Project Reporting.--Each recipient of assistance for a project
under this Act shall submit to the Secretary such periodic reports as
the Secretary considers to be necessary. Each report shall include all
information required by the Secretary for evaluating the progress and
outcome of the project.
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of each
project shall be not greater than 33 percent.
(2) Non-federal share.--
(A) Source.--The non-Federal share required to be
paid for a project shall not be derived from any
Federal grant program.
(B) Form of payment.--The non-Federal share of the
costs of a project carried out with assistance under
this Act may be paid in cash or in kind.
(f) Purchase of Land Only From Willing Sellers.--Amounts of
financial assistance provided under this Act shall not be used to
acquire any land or interest in land except from a willing seller.
SEC. 6. DUTIES OF THE SECRETARY.
In carrying out this Act, the Secretary shall--
(1) develop guidelines for the solicitation of proposals
for projects eligible for financial assistance under section 5;
(2) encourage submission of proposals for projects eligible
for financial assistance under section 5, particularly
proposals from relevant wildlife management authorities;
(3) select proposals for financial assistance that satisfy
the requirements of section 5, giving priority to proposals
that address conservation needs not adequately addressed by
existing efforts and that are supported by relevant wildlife
management authorities; and
(4) generally implement this Act in accordance with its
purposes.
SEC. 7. COOPERATION.
(a) In General.--In carrying out this Act, the Secretary shall--
(1) support and coordinate existing efforts to conserve
neotropical migratory bird species, through--
(A) facilitating meetings among persons involved in
such efforts;
(B) promoting the exchange of information among
such persons;
(C) developing and entering into agreements with
other Federal agencies, foreign, State, and local
governmental agencies, and nongovernmental
organizations; and
(D) conducting such other activities as the
Secretary considers to be appropriate; and
(2) coordinate activities and projects under this Act with
existing efforts in order to enhance conservation of
neotropical migratory bird species.
(b) Advisory Group.--
(1) In general.--The Secretary may establish an advisory
group in accordance with this subsection to advise the
Secretary regarding the implementation of this Act.
(2) Membership.--An advisory group established under this
subsection shall consist of individuals who represent public
and private organizations that are actively involved in the
conservation of neotropical migratory birds.
(3) Public participation.--
(A) Meetings.--An advisory group established under
this subsection shall--
(i) ensure that each meeting of the
advisory group is open to the public; and
(ii) provide, at each meeting of the
advisory group, an opportunity for interested
persons to present oral or written statements
concerning items on the agenda for the meeting.
(B) Notice.--The Secretary shall provide to the
public timely notice of each meeting of the advisory
group.
(C) Minutes.--The Secretary shall keep and make
available to the public minutes of each meeting of the
advisory group.
(4) Exemption.--The Federal Advisory Committee Act (5 App.
U.S.C.) shall not apply to the establishment and activities of
an advisory group in accordance with this subsection.
SEC. 8. REPORT TO CONGRESS.
Not later than October 1, 2002, the Secretary shall submit to
Congress a report on the results and effectiveness of the program
carried out under this Act, including recommendations concerning how
the Act might be improved and whether the program should be continued
in the future.
SEC. 9. NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.
(a) Establishment.--There is established in the Multinational
Species Conservation Fund of the Treasury a separate account to be
known as the ``Neotropical Migratory Bird Conservation Account'', which
shall consist of amounts deposited into the Account by the Secretary of
the Treasury under subsection (b).
(b) Deposits Into the Account.--The Secretary of the Treasury shall
deposit into the Account--
(1) all amounts received by the Secretary in the form of
donations under subsection (d); and
(2) other amounts appropriated to the Account.
(c) Use.--
(1) In general.--Subject to paragraph (2), the Secretary
may use amounts in the Account, without further Act of
appropriation, to carry out this Act.
(2) Administrative expenses.--Of amounts in the Account
available for each fiscal year, the Secretary may expend not
more than 6 percent to pay the administrative expenses
necessary to carry out this Act.
(d) Acceptance and Use of Donations.--The Secretary may accept and
use donations to carry out this Act. Amounts received by the Secretary
in the form of donations shall be transferred to the Secretary of the
Treasury for deposit into the Account.
SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Account to carry out
this Act $8,000,000 for each of fiscal years 2000 through 2002, to
remain available until expended.
SEC. 11. PRIVATE PROPERTY.
Nothing in this Act shall place restrictions on commercial or
private use of private property in the United States, nor shall there
be any taking of private land in the United States under this Act. | Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior to establish a program to provide financial assistance for projects outside of the United States to promote the conservation of neotropical migratory birds. Authorizes project proposals to be submitted by the following entities: (1) individuals or other private entities. (2) Federal, State, or local government entities or foreign government entities, (3) other entities subject to US or foreign jurisdiction. And (4) international organizations. Limits the Federal share of project costs to 33 percent. Prohibits amounts of financial assistance provided under this Act from being used to acquire any land or interest in land except from a willing seller. Authorizes the Secretary to create an advisory group regarding this Act's implementation. Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account. Authorizes appropriations. Prohibits: (1) anything under this Act from placing restrictions on commercial or private use of private property in the United States. And (2) any taking of private land in the United States under this Act. | Neotropical Migratory Bird Conservation Act | 13,774 | 1,192 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Neotropical Migratory Bird Conservation Act". <SECTION-HEADER> FINDINGS. The Congress finds the following: Neotropical migratory bird populations in nations within the range of neotropical migratory birds have continued to decline to the point that the long-term survival of various species in the wild is in jeopardy. 90 North American bird species are listed as endangered species or threatened species under section 4 of the Endangered Species Act of 1973, and 124 species of migratory birds are currently on the United States Fish and Wildlife Service's List of Migratory Nongame Birds of Management Concern. The United States, through 4 bilateral treaties, has responsibility of maintaining healthy populations of 778 species of migratory nongame birds and 58 species of migratory game birds that migrate between the Caribbean, Latin America, and North America. The Government of Mexico presently lists approximately 390 bird species as endangered, threatened, vulnerable, or rare. Healthy bird populations provide important economic benefits, such as control of detrimental insects on agricultural crops, thus preventing the loss of millions of dollars each year to farming and timber interests. Neotropical migratory birds travel across many international borders, therefore the conservation of these species requires that safeguards be established at both the beginning and end of the migration routes, as well as at essential stopover areas along the way. Because the challenges facing the conservation of neotropical migratory birds are so great, resources to date have not been sufficient to cope with continued loss of habitat and the consequent reduction of neotropical migratory bird populations. To reduce, remove, or otherwise effectively address these threats through the long-term viability of populations of neotropical migratory birds in the wild will require the joint commitment and efforts of nations within the range of neotropical migratory birds and the private sector. A Neotropical Migratory Bird Conservation fund would provide much-needed support for projects aimed at protecting critical habitat for declining migratory bird species, in an innovative way that promotes conservation partnerships and cost sharing through joint Federal and non-Federal support mechanisms. <SECTION-HEADER> PURPOSES. The purposes of this Act are the following: To perpetuate healthy populations of neotropical migratory birds. To assist in the conservation and protection of neotropical migratory birds by supporting conservation initiatives in Canada, Latin America, and the Caribbean. To provide financial resources and to foster international cooperation for those initiatives. <SECTION-HEADER> DEFINITIONS. In this Act: Account. The term "Account" means the Neotropical Migratory Bird Conservation Account established by section 9(a). Conservation. The term "conservation" means the use of methods and procedures necessary to bring a species of neotropical migratory bird to the point at which there are sufficient populations in the wild to ensure the long-term viability of the species, including protection and management of neotropical migratory bird populations, maintenance, management, protection, and restoration of neotropical migratory bird habitat, research and monitoring, law enforcement. And community outreach and education. Secretary. The term "Secretary" means the Secretary of the Interior. <SECTION-HEADER> FINANCIAL ASSISTANCE. In General. The Secretary shall establish a program to provide financial assistance for projects outside of the United States to promote the conservation of neotropical migratory birds. Project Applicants. A project proposal may be submitted by an individual, corporation, partnership, trust, association, or other private entity. An officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government, a State, municipality, or political subdivision of a State. Any other entity subject to the jurisdiction of the United States or of any foreign country. And an international organization (as defined in section 1 of the International Organizations Immunities Act . Project Proposals. To be considered for financial assistance for a project under this Act, an applicant shall submit a project proposal that includes the name of the individual responsible for the project. A succinct statement of the purposes of the organization that will conduct the project and of the project, a description of the qualifications of individuals conducting the project. And an estimate of the funds and time necessary to complete the project, including sources and amounts of matching funds. Demonstrates that the project will enhance the conservation of neotropical migratory bird species in Latin America, the Caribbean, or the United States. Includes mechanisms to ensure adequate local public participation in project development and implementation. Contains assurances that the project will be implemented in consultation with relevant wildlife management authorities and other appropriate government officials with jurisdiction over the resources addressed by the project. Demonstrates sensitivity to local historic and cultural resources and complies with applicable laws. Describes how the project will promote sustainable, effective, long-term programs to conserve neotropical migratory birds. Provides any other information that the Secretary considers to be necessary for evaluating the proposal. And provides assurances of the financial viability of the applicant and the project by providing financial information to prove the applicant's ability to complete the project. Project Reporting. Each recipient of assistance for a project under this Act shall submit to the Secretary such periodic reports as the Secretary considers to be necessary. Each report shall include all information required by the Secretary for evaluating the progress and outcome of the project. Cost Sharing. Federal share. The Federal share of the cost of each project shall be not greater than 33 percent. Non-federal share. Source. The non-Federal share required to be paid for a project shall not be derived from any Federal grant program. Form of payment. The non-Federal share of the costs of a project carried out with assistance under this Act may be paid in cash or in kind. Purchase of Land Only From Willing Sellers. Amounts of financial assistance provided under this Act shall not be used to acquire any land or interest in land except from a willing seller. <SECTION-HEADER> DUTIES OF THE SECRETARY. In carrying out this Act, the Secretary shall develop guidelines for the solicitation of proposals for projects eligible for financial assistance under section 5. Encourage submission of proposals for projects eligible for financial assistance under section 5, particularly proposals from relevant wildlife management authorities. Select proposals for financial assistance that satisfy the requirements of section 5, giving priority to proposals that address conservation needs not adequately addressed by existing efforts and that are supported by relevant wildlife management authorities. And generally implement this Act in accordance with its purposes. <SECTION-HEADER> COOPERATION. In General. In carrying out this Act, the Secretary shall support and coordinate existing efforts to conserve neotropical migratory bird species, through facilitating meetings among persons involved in such efforts, promoting the exchange of information among such persons. Developing and entering into agreements with other Federal agencies, foreign, State, and local governmental agencies, and nongovernmental organizations. And conducting such other activities as the Secretary considers to be appropriate. And coordinate activities and projects under this Act with existing efforts in order to enhance conservation of neotropical migratory bird species. Advisory Group. In general. The Secretary may establish an advisory group in accordance with this subsection to advise the Secretary regarding the implementation of this Act. Membership. An advisory group established under this subsection shall consist of individuals who represent public and private organizations that are actively involved in the conservation of neotropical migratory birds. Public participation. Meetings. An advisory group established under this subsection shall ensure that each meeting of the advisory group is open to the public. And provide, at each meeting of the advisory group, an opportunity for interested persons to present oral or written statements concerning items on the agenda for the meeting. Notice. The Secretary shall provide to the public timely notice of each meeting of the advisory group. Minutes. The Secretary shall keep and make available to the public minutes of each meeting of the advisory group. Exemption. The Federal Advisory Committee Act shall not apply to the establishment and activities of an advisory group in accordance with this subsection. <SECTION-HEADER> REPORT TO CONGRESS. Not later than October 1, 2002, the Secretary shall submit to Congress a report on the results and effectiveness of the program carried out under this Act, including recommendations concerning how the Act might be improved and whether the program should be continued in the future. <SECTION-HEADER> NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT. Establishment. There is established in the Multinational Species Conservation Fund of the Treasury a separate account to be known as the "Neotropical Migratory Bird Conservation Account", which shall consist of amounts deposited into the Account by the Secretary of the Treasury under subsection (b). Deposits Into the Account. The Secretary of the Treasury shall deposit into the Account all amounts received by the Secretary in the form of donations under subsection (d). And other amounts appropriated to the Account. Use. In general. Subject to paragraph (2), the Secretary may use amounts in the Account, without further Act of appropriation, to carry out this Act. Administrative expenses. Of amounts in the Account available for each fiscal year, the Secretary may expend not more than 6 percent to pay the administrative expenses necessary to carry out this Act. Acceptance and Use of Donations. The Secretary may accept and use donations to carry out this Act. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Account. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Account to carry out this Act $8,000,000 for each of fiscal years 2000 through 2002, to remain available until expended. <SECTION-HEADER> PRIVATE PROPERTY. Nothing in this Act shall place restrictions on commercial or private use of private property in the United States, nor shall there be any taking of private land in the United States under this Act. | Neotropical Migratory Bird Conservation Act - Requires the Secretary of the Interior to establish a program to provide financial assistance for projects outside of the United States to promote the conservation of neotropical migratory birds. Authorizes project proposals to be submitted by the following entities: (1) individuals or other private entities. (2) Federal, State, or local government entities or foreign government entities, (3) other entities subject to US or foreign jurisdiction. And (4) international organizations. Limits the Federal share of project costs to 33 percent. Prohibits amounts of financial assistance provided under this Act from being used to acquire any land or interest in land except from a willing seller. Authorizes the Secretary to create an advisory group regarding this Act's implementation. Establishes in the Multinational Species Conservation Fund of the Treasury a Neotropical Migratory Bird Conservation Account. Authorizes appropriations. Prohibits: (1) anything under this Act from placing restrictions on commercial or private use of private property in the United States. And (2) any taking of private land in the United States under this Act. | Neotropical Migratory Bird Conservation Act |
110_hr6962 | SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title.--This Act may be cited as the ``Humanitarian
Relief to Cuba Act''.
(b) Findings.--Congress makes the following findings:
(1) Hurricane Gustav, which struck Cuba on September 1,
2008, was the worst hurricane to hit the island of Cuba in over
50 years. The Category Four storm displaced over 400,000 Cubans
and damaged or destroyed 130,000 homes and caused severe damage
to infrastructure.
(2) Hurricane Ike, which made landfall on Cuba on September
7, 2008, forced the evacuation of over 2,500,000 Cubans,
damaged an additional 100,000 structures, and damaged local
infrastructure.
(3) The number of Cubans left homeless is expected to reach
100,000, and the total economic losses of Hurricanes Gustav and
Ike are expected to reach upwards of $10,000,000,000, with
serious damage done to the island's agricultural industry.
(4) In the wake of past natural disasters, the United
States eased restrictions to mobilize the generous spirit of
many thousands of Americans by allowing humanitarian aid
originating from the United States to be transported directly
to Cuba to the benefit of the Cuban people.
(5) Allowing the people of the United States to assist the
Cuban people in reclaiming their lives and livelihoods
following a major natural disaster just 90 miles from the
United States is an important aspect of United States national
security and defense policy.
SEC. 2. EASING OF RESTRICTIONS ON TRAVEL TO CUBA FOR A PERIOD OF 180
DAYS.
(a) In General.--
(1) Freedom of travel for united states citizens and
certain other persons to visit family members in cuba.--For the
180-day period beginning on the date of the enactment of this
Act, the President may not prohibit or regulate, directly or
indirectly--
(A) travel to or from Cuba by United States
citizens or any person subject to the jurisdiction of
the United States with family currently residing in
Cuba; or
(B) any of the transactions incident to such travel
that are described in paragraph (2).
(2) Transactions incident to travel.--The transactions
referred to in paragraph (1) are--
(A) any transaction ordinarily incidental to travel
to or from Cuba, including the importation into Cuba or
the United States of accompanied baggage for personal
or family use only;
(B) any transaction ordinarily incident to travel
to or maintenance within Cuba, including the payment of
living expenses and the acquisition of goods or
services for personal and family use only; and
(C) any transaction ordinarily incident to the
arrangement, promotion, or facilitation of scheduled
and nonscheduled travel to, from, or within Cuba,
including lodging and meals in an amount not to exceed
the per diem amount authorized under chapter 57 of
title 5, United States Code.
(b) Supersedes Other Provisions.--This section supersedes any other
provision of law, including section 102(h) of the Cuban Liberty and
Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)).
(c) Effective Date.--This section applies to actions taken by the
President before the date of the enactment of this Act that are in
effect on such date and to actions taken on or after such date during
the 180-day period beginning on such date of enactment.
SEC. 3. EASING RESTRICTIONS ON REMITTANCES FOR A PERIOD OF 180 DAYS.
(a) In General.--Except as provided in subsection (b), for the 180-
day period beginning on the date of the enactment of this Act, the
Secretary of the Treasury may not limit the amount of remittances to
Cuba that may be made by any person who is subject to the jurisdiction
of the United States, and the Secretary shall rescind, for such 180-day
period, all regulations in effect on the date of enactment of this Act
that so limit the amount of those remittances.
(b) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments), or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity).
SEC. 4. EASING RESTRICTIONS ON GIFT OR RELIEF PACKAGES FOR 180 DAYS.
(a) In General.--Except as provided in subsection (d), for the 180-
day period beginning on the date of the enactment of this Act, the
President may not limit the size, quantity or frequency, or the
carrying, transporting or shipping of personal gift items and relief
supplies (not for sale or resale) that are eligible to be shipped
through existing or new mechanisms established expressly for the
delivery of such packages. Such items and supplies may be sent to Cuba
by any person who is subject to the jurisdiction of the United States
and the President shall rescind, for such 180-day period, all
regulations in effect on the date of the enactment of this Act that so
limit such items.
(b) Personal Gift Items.--For purposes of this section, the term
``personal gift items'' includes goods intended to improve the daily
life of the Cuban people, including clothing, medication, foodstuffs,
personal hygiene items, and other daily necessities.
(c) Relief Supplies.--For the purposes of this section, the term
``relief supplies'' means any item intended to provide temporary or
permanent comfort or shelter to hurricane victims in Cuba, or intended
to facilitate repairs to personal dwellings in Cuba damaged during the
2008 hurricane season.
(d) Statutory Construction.--Nothing in subsection (a) may be
construed to prohibit the prosecution or conviction of any person
committing an offense described in section 1956 of title 18, United
States Code (relating to the laundering of monetary instruments), or
section 1957 of such title (relating to engaging in monetary
transactions in property derived from specific unlawful activity). | Humanitarian Relief to Cuba Act - Prohibits for 180 days from the enactment of this Act: (1) the President from prohibiting or regulating travel to or from Cuba, or certain transactions incident to such travel, by a US citizen or any person subject to US jurisdiction with family residing in Cuba. (2) the President from limiting the size, quantity or frequency, or the carrying or shipping of, personal gift items and relief supplies by any person subject to US jurisdiction that are eligible to be so shipped or delivered. And (3) the Secretary of the Treasury from limiting the amount of remittances to Cuba that may be made by any person subject to US jurisdiction. | To facilitate the provision of humanitarian relief to Cuba. | 6,612 | 669 | <SECTION-HEADER> SHORT TITLE. FINDINGS. Short Title. This Act may be cited as the "Humanitarian Relief to Cuba Act". Findings. Congress makes the following findings: Hurricane Gustav, which struck Cuba on September 1, 2008, was the worst hurricane to hit the island of Cuba in over 50 years. The Category Four storm displaced over 400,000 Cubans and damaged or destroyed 130,000 homes and caused severe damage to infrastructure. Hurricane Ike, which made landfall on Cuba on September 7, 2008, forced the evacuation of over 2,500,000 Cubans, damaged an additional 100,000 structures, and damaged local infrastructure. The number of Cubans left homeless is expected to reach 100,000, and the total economic losses of Hurricanes Gustav and Ike are expected to reach upwards of $10,000,000,000, with serious damage done to the island's agricultural industry. In the wake of past natural disasters, the United States eased restrictions to mobilize the generous spirit of many thousands of Americans by allowing humanitarian aid originating from the United States to be transported directly to Cuba to the benefit of the Cuban people. Allowing the people of the United States to assist the Cuban people in reclaiming their lives and livelihoods following a major natural disaster just 90 miles from the United States is an important aspect of United States national security and defense policy. <SECTION-HEADER> EASING OF RESTRICTIONS ON TRAVEL TO CUBA FOR A PERIOD OF 180 DAYS. In General. Freedom of travel for united states citizens and certain other persons to visit family members in cuba. For the 180-day period beginning on the date of the enactment of this Act, the President may not prohibit or regulate, directly or indirectly travel to or from Cuba by United States citizens or any person subject to the jurisdiction of the United States with family currently residing in Cuba. Or any of the transactions incident to such travel that are described in paragraph (2). Transactions incident to travel. The transactions referred to in paragraph (1) are any transaction ordinarily incidental to travel to or from Cuba, including the importation into Cuba or the United States of accompanied baggage for personal or family use only. Any transaction ordinarily incident to travel to or maintenance within Cuba, including the payment of living expenses and the acquisition of goods or services for personal and family use only. And any transaction ordinarily incident to the arrangement, promotion, or facilitation of scheduled and nonscheduled travel to, from, or within Cuba, including lodging and meals in an amount not to exceed the per diem amount authorized under chapter 57 of title 5, United States Code. Supersedes Other Provisions. This section supersedes any other provision of law, including section 102(h) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 USC. 6032(h)). Effective Date. This section applies to actions taken by the President before the date of the enactment of this Act that are in effect on such date and to actions taken on or after such date during the 180-day period beginning on such date of enactment. <SECTION-HEADER> EASING RESTRICTIONS ON REMITTANCES FOR A PERIOD OF 180 DAYS. In General. Except as provided in subsection (b), for the 180- day period beginning on the date of the enactment of this Act, the Secretary of the Treasury may not limit the amount of remittances to Cuba that may be made by any person who is subject to the jurisdiction of the United States, and the Secretary shall rescind, for such 180-day period, all regulations in effect on the date of enactment of this Act that so limit the amount of those remittances. Statutory Construction. Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code , or section 1957 of such title . <SECTION-HEADER> EASING RESTRICTIONS ON GIFT OR RELIEF PACKAGES FOR 180 DAYS. In General. Except as provided in subsection (d), for the 180- day period beginning on the date of the enactment of this Act, the President may not limit the size, quantity or frequency, or the carrying, transporting or shipping of personal gift items and relief supplies that are eligible to be shipped through existing or new mechanisms established expressly for the delivery of such packages. Such items and supplies may be sent to Cuba by any person who is subject to the jurisdiction of the United States and the President shall rescind, for such 180-day period, all regulations in effect on the date of the enactment of this Act that so limit such items. Personal Gift Items. For purposes of this section, the term "personal gift items" includes goods intended to improve the daily life of the Cuban people, including clothing, medication, foodstuffs, personal hygiene items, and other daily necessities. Relief Supplies. For the purposes of this section, the term "relief supplies" means any item intended to provide temporary or permanent comfort or shelter to hurricane victims in Cuba, or intended to facilitate repairs to personal dwellings in Cuba damaged during the 2008 hurricane season. Statutory Construction. Nothing in subsection (a) may be construed to prohibit the prosecution or conviction of any person committing an offense described in section 1956 of title 18, United States Code , or section 1957 of such title . | Humanitarian Relief to Cuba Act - Prohibits for 180 days from the enactment of this Act: (1) the President from prohibiting or regulating travel to or from Cuba, or certain transactions incident to such travel, by a US citizen or any person subject to US jurisdiction with family residing in Cuba. (2) the President from limiting the size, quantity or frequency, or the carrying or shipping of, personal gift items and relief supplies by any person subject to US jurisdiction that are eligible to be so shipped or delivered. And (3) the Secretary of the Treasury from limiting the amount of remittances to Cuba that may be made by any person subject to US jurisdiction. | To facilitate the provision of humanitarian relief to Cuba. |
112_hr1241 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rio Grande del Norte National
Conservation Area Establishment Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Conservation area.--The term ``Conservation Area''
means the Rio Grande del Norte National Conservation Area
established by section 3(a)(1).
(2) Land grant community.--The term ``land grant
community'' means a member of the Board of Trustees of
confirmed or nonconfirmed community land grants within the
Conservation Area.
(3) Management plan.--The term ``management plan'' means
the management plan for the Conservation Area developed under
section 3(d).
(4) Map.--The term ``map'' means the map entitled ``Rio
Grande del Norte National Conservation Area'' and dated
November 4, 2009.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means the State of New
Mexico.
SEC. 3. ESTABLISHMENT OF NATIONAL CONSERVATION AREA.
(a) Establishment.--
(1) In general.--There is established the Rio Grande del
Norte National Conservation Area in the State.
(2) Area included.--The Conservation Area shall consist of
approximately 235,980 acres of public land in Taos and Rio
Arriba counties in the State, as generally depicted on the map.
(b) Purposes.--The purposes of the Conservation Area are to
conserve, protect, and enhance for the benefit and enjoyment of present
and future generations the cultural, traditional, archaeological,
natural, ecological, geological, historical, wildlife, educational,
recreational, and scenic resources of the Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the
Conservation Area--
(A) in a manner that conserves, protects, and
enhances the resources of the Conservation Area; and
(B) in accordance with--
(i) the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1701 et seq.);
(ii) this Act; and
(iii) any other applicable laws.
(2) Uses.--
(A) In general.--The Secretary shall allow only
such uses of the Conservation Area that the Secretary
determines would further the purposes described in
subsection (b).
(B) Use of motorized vehicles.--
(i) In general.--Except as needed for
administrative purposes or to respond to an
emergency, the use of motorized vehicles in the
Conservation Area shall be permitted only on
roads designated for use by motorized vehicles
in the management plan.
(ii) New roads.--No additional road shall
be built within the Conservation Area after the
date of enactment of this Act unless the road
is needed for public safety or natural resource
protection.
(C) Grazing.--The Secretary shall permit grazing
within the Conservation Area, where established before
the date of enactment of this Act--
(i) subject to all applicable laws
(including regulations) and Executive orders;
and
(ii) consistent with the purposes described
in subsection (b).
(D) Collection of pinon nuts, firewood, medicinal
plants and herbs.--Nothing in this section precludes
the traditional collection of firewood, medicinal
plants and herbs, and pinon nuts in the Conservation
Area for noncommercial personal use--
(i) in accordance with any applicable laws;
and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(E) Utility right-of-way upgrades.--Nothing in this
section precludes the Secretary from renewing or
authorizing the upgrading (including widening) of an
existing utility right-of-way through the Conservation
Area in a manner that minimizes harm to the purposes of
the Conservation Area described in subsection (b)--
(i) in accordance with--
(I) the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.); and
(II) any other applicable law; and
(ii) subject to such terms and conditions
as the Secretary determines to be appropriate.
(F) Tribal cultural uses.--
(i) Access.--The Secretary shall, in
consultation with Indian tribes or pueblos--
(I) ensure the protection of
religious and cultural sites in the
Conservation Area; and
(II) provide access to the sites by
members of Indian tribes or pueblos for
traditional cultural and customary
uses, consistent with Public Law 95-341
(commonly known as the ``American
Indian Religious Freedom Act'') (42
U.S.C. 1996).
(ii) Temporary closures.--In accordance
with Public Law 95-341 (commonly known as the
``American Indian Religious Freedom Act'') (42
U.S.C. 1996), the Secretary, on request of an
Indian tribe or pueblo, may temporarily close
to general public use 1 or more specific areas
of the Conservation Area in order to protect
traditional cultural and customary uses in
those areas by members of the Indian tribe or
the pueblo.
(d) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall develop a management
plan for the Conservation Area.
(2) Other plans.--To the extent consistent with this Act,
the plan may incorporate in the management plan the Rio Grande
Corridor Management Plan in effect on the date of enactment of
this Act.
(3) Consultation.--The management plan shall be developed
in consultation with--
(A) State and local governments;
(B) tribal governmental entities;
(C) land grant communities; and
(D) the public.
(4) Considerations.--In preparing and implementing the
management plan, the Secretary shall consider the
recommendations of Indian tribes and pueblos on methods for--
(A) ensuring access to religious and cultural
sites;
(B) enhancing the privacy and continuity of
traditional cultural and religious activities in the
Conservation Area; and
(C) protecting traditional cultural and religious
sites in the Conservation Area.
(e) Incorporation of Acquired Land and Interests in Land.--Any land
that is within the boundary of the Conservation Area that is acquired
by the United States shall--
(1) become part of the Conservation Area; and
(2) be managed in accordance with--
(A) this Act; and
(B) any other applicable laws.
(f) Special Management Areas.--
(1) In general.--The establishment of the Conservation Area
shall not change the management status of any area within the
boundary of the Conservation Area that is--
(A) designated as a component of the National Wild
and Scenic Rivers System under the Wild and Scenic
Rivers Act (16 U.S.C. 1271 et seq.); or
(B) managed as an area of critical environmental
concern.
(2) Conflict of laws.--If there is a conflict between the
laws applicable to the areas described in paragraph (1) and
this Act, the more restrictive provision shall control.
SEC. 4. DESIGNATION OF WILDERNESS AREAS.
(a) In General.--In accordance with the Wilderness Act (16 U.S.C.
1131 et seq.), the following areas in the Conservation Area are
designated as wilderness and as components of the National Wilderness
Preservation System:
(1) Cerro del yuta wilderness.--Certain land administered
by the Bureau of Land Management in Taos County, New Mexico,
comprising approximately 13,420 acres as generally depicted on
the map, which shall be known as the ``Cerro del Yuta
Wilderness''.
(2) Rio san antonio wilderness.--Certain land administered
by the Bureau of Land Management in Rio Arriba County, New
Mexico, comprising approximately 8,000 acres, as generally
depicted on the map, which shall be known as the ``Rio San
Antonio Wilderness''.
(b) Management of Wilderness Areas.--Subject to valid existing
rights, the wilderness areas designated by subsection (a) shall be
administered in accordance with the Wilderness Act (16 U.S.C. 1131 et
seq.) and this Act, except that with respect to the wilderness areas
designated by this Act--
(1) any reference to the effective date of the Wilderness
Act shall be considered to be a reference to the date of
enactment of this Act; and
(2) any reference in the Wilderness Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(c) Incorporation of Acquired Land and Interests in Land.--Any land
or interest in land within the boundary of the wilderness areas
designated by subsection (a) that is acquired by the United States
shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) the Wilderness Act (16 U.S.C. 1131 et seq.);
(B) this Act; and
(C) any other applicable laws.
(d) Grazing.--Grazing of livestock in the wilderness areas
designated by subsection (a), where established before the date of
enactment of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in appendix A of the Report of
the Committee on Interior and Insular Affairs to accompany H.R.
2570 of the 101st Congress (H. Rept. 101-405).
(e) Buffer Zones.--
(1) In general.--Nothing in this section creates a
protective perimeter or buffer zone around any wilderness area
designated by subsection (a).
(2) Activities outside wilderness areas.--The fact that an
activity or use on land outside any wilderness area designated
by subsection (a) can be seen or heard within the wilderness
area shall not preclude the activity or use outside the
boundary of the wilderness area.
(f) Release of Wilderness Study Areas.--Congress finds that, for
purposes of section 603(c) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio
Wilderness Study Area not designated as wilderness by this section--
(1) has been adequately studied for wilderness designation;
(2) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
(3) shall be managed in accordance with this Act.
SEC. 5. GENERAL PROVISIONS.
(a) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file the map and
legal descriptions of the Conservation Area and the wilderness
areas designated by section 4(a) with--
(A) the Committee on Energy and Natural Resources
of the Senate; and
(B) the Committee on Natural Resources of the House
of Representatives.
(2) Force of law.--The map and legal descriptions filed
under paragraph (1) shall have the same force and effect as if
included in this Act, except that the Secretary may correct
errors in the legal description and map.
(3) Public availability.--The map and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management.
(b) National Landscape Conservation System.--The Conservation Area
and the wilderness areas designated by section 4(a) shall be
administered as components of the National Landscape Conservation
System.
(c) Fish and Wildlife.--Nothing in this Act affects the
jurisdiction of the State with respect to fish and wildlife located on
public land in the State, except that the Secretary, after consultation
with the New Mexico Department of Game and Fish, may designate zones
where, and establishing periods when, hunting shall not be allowed for
reasons of public safety, administration, or public use and enjoyment.
(d) Withdrawals.--Subject to valid existing rights, any Federal
land within the Conservation Area and the wilderness areas designated
by section 4(a), including any land or interest in land that is
acquired by the United States after the date of enactment of this Act,
is withdrawn from--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(e) Treaty Rights.--Nothing in this Act enlarges, diminishes, or
otherwise modifies any treaty rights. | Rio Grande Del Norte National Conservation Area Establishment Act - Establishes the Rio Grande Del Norte National Conservation Area in New Mexico. Requires the Secretary of the Interior to ensure the protection of religious and cultural sites in the Conservation Area and to provide access to them by tribal members. Requires the Secretary to develop a management plan for the Conservation Area. Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System (NWPS). | To establish the Rio Grande del Norte National Conservation Area in the State of New Mexico, and for other purposes. | 15,166 | 554 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rio Grande del Norte National Conservation Area Establishment Act". <SECTION-HEADER> DEFINITIONS. In this Act: Conservation area. The term "Conservation Area" means the Rio Grande del Norte National Conservation Area established by section 3(a)(1). Land grant community. The term "land grant community" means a member of the Board of Trustees of confirmed or nonconfirmed community land grants within the Conservation Area. Management plan. The term "management plan" means the management plan for the Conservation Area developed under section 3(d). Map. The term "map" means the map entitled "Rio Grande del Norte National Conservation Area" and dated November 4, 2009. Secretary. The term "Secretary" means the Secretary of the Interior. State. The term "State" means the State of New Mexico. <SECTION-HEADER> ESTABLISHMENT OF NATIONAL CONSERVATION AREA. Establishment. In general. There is established the Rio Grande del Norte National Conservation Area in the State. Area included. The Conservation Area shall consist of approximately 235,980 acres of public land in Taos and Rio Arriba counties in the State, as generally depicted on the map. Purposes. The purposes of the Conservation Area are to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the cultural, traditional, archaeological, natural, ecological, geological, historical, wildlife, educational, recreational, and scenic resources of the Conservation Area. Management. In general. The Secretary shall manage the Conservation Area in a manner that conserves, protects, and enhances the resources of the Conservation Area. And in accordance with the Federal Land Policy and Management Act of 1976, this Act. And any other applicable laws. Uses. In general. The Secretary shall allow only such uses of the Conservation Area that the Secretary determines would further the purposes described in subsection (b). Use of motorized vehicles. In general. Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Conservation Area shall be permitted only on roads designated for use by motorized vehicles in the management plan. New roads. No additional road shall be built within the Conservation Area after the date of enactment of this Act unless the road is needed for public safety or natural resource protection. Grazing. The Secretary shall permit grazing within the Conservation Area, where established before the date of enactment of this Act subject to all applicable laws and Executive orders. And consistent with the purposes described in subsection (b). Collection of pinon nuts, firewood, medicinal plants and herbs. Nothing in this section precludes the traditional collection of firewood, medicinal plants and herbs, and pinon nuts in the Conservation Area for noncommercial personal use in accordance with any applicable laws. And subject to such terms and conditions as the Secretary determines to be appropriate. Utility right-of-way upgrades. Nothing in this section precludes the Secretary from renewing or authorizing the upgrading of an existing utility right-of-way through the Conservation Area in a manner that minimizes harm to the purposes of the Conservation Area described in subsection (b) in accordance with the National Environmental Policy Act of 1969, and any other applicable law. And subject to such terms and conditions as the Secretary determines to be appropriate. Tribal cultural uses. Access. The Secretary shall, in consultation with Indian tribes or pueblos ensure the protection of religious and cultural sites in the Conservation Area. And provide access to the sites by members of Indian tribes or pueblos for traditional cultural and customary uses, consistent with Public Law 95-341 . Temporary closures. In accordance with Public Law 95-341 , the Secretary, on request of an Indian tribe or pueblo, may temporarily close to general public use 1 or more specific areas of the Conservation Area in order to protect traditional cultural and customary uses in those areas by members of the Indian tribe or the pueblo. Management Plan. In general. Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Conservation Area. Other plans. To the extent consistent with this Act, the plan may incorporate in the management plan the Rio Grande Corridor Management Plan in effect on the date of enactment of this Act. Consultation. The management plan shall be developed in consultation with State and local governments, tribal governmental entities, land grant communities. And the public. Considerations. In preparing and implementing the management plan, the Secretary shall consider the recommendations of Indian tribes and pueblos on methods for ensuring access to religious and cultural sites. Enhancing the privacy and continuity of traditional cultural and religious activities in the Conservation Area. And protecting traditional cultural and religious sites in the Conservation Area. Incorporation of Acquired Land and Interests in Land. Any land that is within the boundary of the Conservation Area that is acquired by the United States shall become part of the Conservation Area, and be managed in accordance with this Act. And any other applicable laws. Special Management Areas. In general. The establishment of the Conservation Area shall not change the management status of any area within the boundary of the Conservation Area that is designated as a component of the National Wild and Scenic Rivers System under the Wild and Scenic Rivers Act. Or managed as an area of critical environmental concern. Conflict of laws. If there is a conflict between the laws applicable to the areas described in paragraph (1) and this Act, the more restrictive provision shall control. <SECTION-HEADER> DESIGNATION OF WILDERNESS AREAS. In General. In accordance with the Wilderness Act , the following areas in the Conservation Area are designated as wilderness and as components of the National Wilderness Preservation System: Cerro del yuta wilderness. Certain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the "Cerro del Yuta Wilderness". Rio san antonio wilderness. Certain land administered by the Bureau of Land Management in Rio Arriba County, New Mexico, comprising approximately 8,000 acres, as generally depicted on the map, which shall be known as the "Rio San Antonio Wilderness". Management of Wilderness Areas. Subject to valid existing rights, the wilderness areas designated by subsection (a) shall be administered in accordance with the Wilderness Act and this Act, except that with respect to the wilderness areas designated by this Act any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act. And any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. Incorporation of Acquired Land and Interests in Land. Any land or interest in land within the boundary of the wilderness areas designated by subsection (a) that is acquired by the United States shall become part of the wilderness area in which the land is located, and be managed in accordance with the Wilderness Act, this Act. And any other applicable laws. Grazing. Grazing of livestock in the wilderness areas designated by subsection (a), where established before the date of enactment of this Act, shall be administered in accordance with section 4(d)(4) of the Wilderness Act (16 USC. 1133(d)(4)). And the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H. R. 2570 of the 101st Congress . Buffer Zones. In general. Nothing in this section creates a protective perimeter or buffer zone around any wilderness area designated by subsection (a). Activities outside wilderness areas. The fact that an activity or use on land outside any wilderness area designated by subsection (a) can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area. Release of Wilderness Study Areas. Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 USC. 1782(c)), the public land within the San Antonio Wilderness Study Area not designated as wilderness by this section has been adequately studied for wilderness designation. Is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 USC. 1782(c)). And shall be managed in accordance with this Act. <SECTION-HEADER> GENERAL PROVISIONS. Maps and Legal Descriptions. In general. As soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the Conservation Area and the wilderness areas designated by section 4(a) with the Committee on Energy and Natural Resources of the Senate. And the Committee on Natural Resources of the House of Representatives. Force of law. The map and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct errors in the legal description and map. Public availability. The map and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. National Landscape Conservation System. The Conservation Area and the wilderness areas designated by section 4(a) shall be administered as components of the National Landscape Conservation System. Fish and Wildlife. Nothing in this Act affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones where, and establishing periods when, hunting shall not be allowed for reasons of public safety, administration, or public use and enjoyment. Withdrawals. Subject to valid existing rights, any Federal land within the Conservation Area and the wilderness areas designated by section 4(a), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from entry, appropriation, or disposal under the public land laws, location, entry, and patent under the mining laws. And operation of the mineral leasing, mineral materials, and geothermal leasing laws. Treaty Rights. Nothing in this Act enlarges, diminishes, or otherwise modifies any treaty rights. | Rio Grande Del Norte National Conservation Area Establishment Act - Establishes the Rio Grande Del Norte National Conservation Area in New Mexico. Requires the Secretary of the Interior to ensure the protection of religious and cultural sites in the Conservation Area and to provide access to them by tribal members. Requires the Secretary to develop a management plan for the Conservation Area. Designates the Cerro Del Yuta Wilderness and Rio San Antonio Wilderness as wilderness and as components of the National Wilderness Preservation System (NWPS). | To establish the Rio Grande del Norte National Conservation Area in the State of New Mexico, and for other purposes. |
104_hr890 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Economic Growth Incentive Act of
1995''.
TITLE I--REDUCTION IN INDIVIDUAL INCOME TAXES
SEC. 101. 5-PERCENT DECREASE IN INDIVIDUAL INCOME TAXES FOR MOST
TAXPAYERS.
(a) Rate Reductions.--Subsection (f) of section 1 of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
paragraph:
``(8) Rate reductions.--In prescribing the tables under
paragraph (1) which apply with respect to taxable years
beginning in a calendar year after 1995--
``(A) `14.25%' shall be substituted for `15%',
``(B) `26.6%' shall be substituted for `28%',
``(C) `29.45%' shall be substituted for `31%', and
``(D) `34.2%' shall be substituted for `36%'.''
(b) Technical Amendments.--
(1) Subparagraph (B) of section 1(f)(2) of such Code is
amended by inserting ``except as provided in paragraph (8),''
before ``by not changing''.
(2) Subparagraph (C) of section 1(f)(2) of such Code is
amended by inserting ``and the reductions under paragraph (8)
in the rates of tax'' before the period.
(3) The heading for subsection (f) of section 1 of such
Code is amended by inserting ``Rate Reductions;'' before
``Adjustments''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 1995.
TITLE II--INCENTIVE FOR PURCHASE OF AMERICAN-MADE PROPERTY
SEC. 201. DEDUCTION FOR GENERAL SALES TAXES ON AMERICAN-MADE TANGIBLE
PERSONAL PROPERTY.
(a) In General.--Subsection (a) of section 164 of the Internal
Revenue Code of 1986 (relating to deduction for taxes) is amended by
inserting after paragraph (5) the following new paragraph:
``(6) State and local general sales taxes imposed in
respect of qualified sales at retail of American-made
property.''
(b) Definitions.--Subsection (b) of section 164 of such Code is
amended by adding at the end thereof the following new paragraph:
``(5) Definitions relating to general sales taxes.--For
purposes of subsection (a)(6)--
``(A) Qualified sales.--The term `qualified sale'
means any sale of property if the price (including
taxes and shipping (if any)) paid by the taxpayer for
such property and all other American-made property
purchased with such property in the same transaction
exceeds $500.
``(B) American-made property.--The term `American-
made property' means tangible personal property more
than 50 percent of the cost of which is attributable to
value added in the United States.''
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
TITLE III--SURFACE TRANSPORTATION PROGRAMS
SEC. 301. OBLIGATION CEILING.
Section 1002 of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 104 note; 105 Stat. 1916-1918) is repealed.
SEC. 302. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY PROGRAMS.
Section 1003(a) of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 1918-1922) is amended--
(1) in paragraph (1)--
(A) by striking ``and''; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(2) in paragraph (2)--
(A) by striking ``and''; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(3) in paragraph (3)--
(A) by striking ``and''; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(4) in paragraph (4)--
(A) by striking ``and'' the second place it
appears; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(5) in paragraph (5)--
(A) by striking ``and''; and
(B) by striking ``fiscal year 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999'';
(6) in paragraph (6)(A) by striking ``and 1997'' and
inserting ``1997, 1998, and 1999'';
(7) in paragraph (6)(B) by striking ``and 1997'' and
inserting ``, 1997, 1998, and 1999'';
(8) in paragraph (6)(C) by striking ``and 1997'' and
inserting ``, 1997, 1998, and 1999'';
(9) in paragraph (7) by striking ``and 1997'' and inserting
``1997, 1998, and 1999''; and
(10) in paragraph (8) by striking ``and 1997'' and
inserting ``1997, 1998, and 1999''.
SEC. 303. DONOR STATE BONUS AMOUNTS.
Section 1013(c)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 157 note; 105 Stat. 1940) is amended
by adding at the end the following new subparagraphs:
``(G) For fiscal year 1998 $514,000,000.
``(H) For fiscal year 1999 $514,000,000.''.
SEC. 304. APPORTIONMENT ADJUSTMENTS.
(a) Hold Harmless.--Section 1015(a)(1) of the Intermodal Surface
Transportation Efficiency Act of 1991 (23 U.S.C. 104 note; 105 Stat.
1943) is amended by striking ``1997'' and inserting ``1999''.
(b) 90-Percent of Payment Adjustments.--Section 1015(b)(1) of such
Act is amended by striking ``1997'' and inserting ``1999''.
(c) Authorization of Appropriations.--Section 1015(e) of such Act
is amended by striking ``1997'' and inserting ``1999''.
SEC. 305. SET-ASIDE FOR 4R PROJECTS.
Section 118(c)(2)(A) of title 23, United States Code, is amended by
striking ``fiscal year 1997'' and inserting ``each of fiscal years
1997, 1998, and 1999''.
SEC. 306. DISCRETIONARY BRIDGE PROGRAM.
Section 144(g)(1) of title 23, United States Code, is amended by
striking ``and 1997'' each place it appears and inserting ``1997, 1998,
and 1999''.
SEC. 307. NATIONAL HIGH-SPEED GROUND TRANSPORTATION PROGRAMS.
Section 1036(d)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (105 Stat. 1986) is amended--
(1) in subparagraph (A) by striking ``fiscal year 1997''
and inserting ``each of fiscal years 1997, 1998, and 1999'';
and
(2) in subparagraph (B) by striking ``and 1997'' and
inserting ``1997, 1998, and 1999''.
SEC. 308. HIGHWAY TIMBER BRIDGE PROGRAM.
Section 1039(a) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 144 note; 105 Stat. 1991) is amended by striking
``and 1997'' and inserting ``1997, 1998, and 1999''.
SEC. 309. HIGHWAY USE TAX EVASION PROJECTS.
Section 1040(f)(1) of the Intermodal Surface Transportation
Efficiency Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1992-1993) is
amended by striking ``and 1997'' and inserting ``1997, 1998, and
1999''.
SEC. 310. SCENIC BYWAYS PROGRAM.
Section 1047(d) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 101 note; 105 Stat. 1998) is amended by striking
``and 1997'' and inserting ``1997, 1998, and 1999''.
SEC. 311. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
Section 1064(c) of the Intermodal Surface Transportation Efficiency
Act of 1991 (23 U.S.C. 129 note; 105 Stat. 2005) is amended by striking
``and 1997'' and inserting ``1997, 1998, and 1999''.
SEC. 312. HIGHWAY SAFETY AUTHORIZATION OF APPROPRIATIONS.
Section 2005 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2079) is amended--
(1) in paragraph (1) by striking ``and 1997'' and inserting
``1997, 1998, and 1999''; and
(2) in paragraph (2) by striking ``1997'' and inserting
``1999''.
SEC. 313. HIGHWAY SAFETY OBLIGATION CEILINGS.
Section 2009 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2080) is amended by striking subsections (a) and
(b) and inserting the following:
``Sums authorized to be appropriated by this title and the
amendments made by this title shall not be subject to any obligation
limitation.''.
SEC. 314. FEDERAL TRANSIT ACT AUTHORIZATIONS.
Section 5338 of title 49, United States Code, is amended--
(1) in subsection (a)(1)(E) by striking ``the fiscal year
ending September 30, 1997'' and inserting ``each of fiscal
years 1997, 1998, and 1999''; and
(2) in subsection (b)(1)(E) by striking ``the fiscal year
ending September 30, 1997'' and inserting ``each of fiscal
years 1997, 1998, and 1999''.
SEC. 315. REDUCTION IN FEDERAL TRANSIT ACT AUTHORIZATIONS FOR BUDGET
COMPLIANCE.
Section 3038 of the Intermodal Surface Transportation Efficiency
Act of 1991 (105 Stat. 2138) is repealed.
SEC. 316. MOTOR CARRIER SAFETY GRANT PROGRAM.
Section 31104(a)(5) of title 49, United States Code, is amended by
striking ``the fiscal year ending September 30, 1997'' and inserting
``each of fiscal years 1997, 1998, and 1999''.
SEC. 317. 2-YEAR EXTENSION OF HIGHWAY TRUST FUND EXPENDITURES.
Subsections (c)(1) and (d)(3) of section 9503 of the Internal
Revenue Code of 1986, as amended by this Act, are each amended by
striking ``1997'' and inserting ``1999''.
TITLE IV--RELIEF FROM CREDIT CRUNCH
SEC. 401. LOOSENING OF REQUIREMENTS ON LOAN LOSS RESERVES ENCOURAGED.
(a) Findings.--The Congress hereby finds that--
(1) the economy of the United States has been in a
sustained period of slow growth;
(2) credit for commercial and consumer loans and leases has
become more difficult to obtain over the past three years,
resulting in a ``credit crunch'';
(3) the banking industry has adopted a cautious credit
policy in response to the state of the economy and the problems
experienced by the savings and loan industry;
(4) the Federal Reserve has lowered its reserve
requirements on member banks for both checking and savings
deposits over the past two years in an effort to stimulate the
economy, with only moderate success; and
(5) the loosening of the requirements on loan loss reserves
by State banking authorities and the appropriate Federal
banking agencies, as that term is defined in section 3(q) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), might
help stimulate the economy.
(b) Declaration.--It is the sense of the Congress that--
(1) the current ``credit crunch'' should be eased by making
it easier for businesses and individuals to obtain loans and
leases; and
(2) State banking authorities and the appropriate Federal
banking agencies, as that term is defined in section 3(q) of
the Federal Deposit Insurance Act (12 U.S.C. 1813(q)), should
more sensibly apply the requirements on loan loss reserves so
as not to punish or restrain responsible borrowers.
TITLE V--CAP ON FEDERAL EMPLOYMENT
SEC. 501. CAP ON FEDERAL EMPLOYMENT.
(a) Employment Cap.--Notwithstanding any other provision of law,
the total number of individuals employed by the Federal Government may
not exceed the number of individuals employed by the Federal Government
on the date of the enactment of this Act.
(b) Rescission of Appropriations.--Notwithstanding any other
provision of law, there are hereby rescinded all unobligated amounts
that were appropriated before the date of the enactment of this Act to
pay salary, wages, or benefits for a position in the employment of the
Federal Government that is not filled on that date.
TITLE VI--REDUCTION IN FEDERAL OVERHEAD EXPENSES
SEC. 601. REDUCTION OF AMOUNTS AVAILABLE TO FEDERAL AGENCIES FOR PAYING
OVERHEAD EXPENSES.
(a) Rescission of Appropriations.--Notwithstanding any other
provision of law, there is hereby rescinded an amount equal to 10
percent of all unobligated amounts that were appropriated before the
date of the enactment of this Act to pay overhead expenses of any
Federal agency.
(b) Reduction in Authorizations.--The amount authorized to be
appropriated for any fiscal year to pay overhead expenses of any
Federal agency is hereby reduced by 10 percent.
(c) Overhead Expenses Defined.--For purposes of this section, the
term ``overhead expenses'' means any expense incurred by a Federal
agency, except--
(1) the payment of salaries and wages of employees of the
agency; and
(2) direct spending (as that term is defined in section 250
of the Balanced Budget and Emergency Deficit Control Act of
1985). | TABLE OF CONTENTS: Title I: Reduction in Individual Income Taxes Title II: Incentive for Purchase of American-Made Property Title III: Surface Transportation Programs Title IV: Relief from Credit Crunch Title V: Cap on Federal Employment Title VI: Reduction in Federal Overhead Expenses Economic Growth Incentive Act of 1995 - Title I: Reduction in Individual Income Taxes - Amends the Internal Revenue Code to reduce individual income taxes. Title II: Incentive for Purchase of American-Made Property - Allows an itemized deduction for State and local general sales taxes imposed on the retail sale of American-made property. Title III: Surface Transportation Programs - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal the obligation ceiling for Federal-aid highways and highway safety construction programs. Authorizes appropriations for FY 1998 through 1999 for: (1) highway programs, (2) donor State bonus amounts, (3) apportionment adjustments, (4) set asides for interstate discretionary projects, (5) the discretionary bridge program, (6) national high-speed ground transportation programs, (7) the highway timber bridge program, (8) highway use tax evasion projects, (9) the scenic byways program, (10) construction of ferry boats and ferry terminal facilities, (11) certain highway safety programs, (12) Federal Transit Act authorizations. And (13) the motor carrier safety grant program. Removes the highway safety obligation ceilings. Amends the Internal Revenue Code to extend the authority to make expenditures from the Highway Trust Fund until September 30, 1999. Title IV: Relief from Credit Crunch - Expresses the sense of the Congress that: (1) the current credit crunch should be eased by making it easier for businesses and individuals to obtain loans and leases. And (2) State banking authorities and the appropriate Federal banking agencies should more sensibly apply the requirements on loan loss reserves so as not to punish or restrain responsible borrowers. Title V: Cap on Federal Employment - Prohibits the number of Federal employees from exceeding such number on the date of enactment of this Act. Rescinds all unobligated amounts that were appropriated before such date to pay the salary, wages, or benefits for a position not filled on that date. Title VI: Reduction in Federal Overhead Expenses - Rescinds ten percent of all unobligated amounts that were appropriated before the date of enactment of this Act to pay overhead expenses of any Federal agency. Reduces authorizations for any fiscal year to pay overhead expenses of any Federal agency by ten percent. | Economic Growth Incentive Act of 1995 | 13,327 | 2,624 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Economic Growth Incentive Act of 1995". TITLE I REDUCTION IN INDIVIDUAL INCOME TAXES Section 101. 5-PERCENT DECREASE IN INDIVIDUAL INCOME TAXES FOR MOST TAXPAYERS. Rate Reductions. Subsection (f) of section 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: Rate reductions. In prescribing the tables under paragraph (1) which apply with respect to taxable years beginning in a calendar year after 1995 `14.25' shall be substituted for `15', `26.6' shall be substituted for `28', `29.45' shall be substituted for `31', and `34.2' shall be substituted for `36'." Technical Amendments. Subparagraph (B) of section 1(f)(2) of such Code is amended by inserting "except as provided in paragraph (8)," before "by not changing". Subparagraph (C) of section 1(f)(2) of such Code is amended by inserting "and the reductions under paragraph (8) in the rates of tax" before the period. The heading for subsection (f) of section 1 of such Code is amended by inserting "Rate Reductions. " before "Adjustments". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 1995. TITLE II INCENTIVE FOR PURCHASE OF AMERICAN-MADE PROPERTY Section 201. DEDUCTION FOR GENERAL SALES TAXES ON AMERICAN-MADE TANGIBLE PERSONAL PROPERTY. In General. Subsection (a) of section 164 of the Internal Revenue Code of 1986 is amended by inserting after paragraph (5) the following new paragraph: State and local general sales taxes imposed in respect of qualified sales at retail of American-made property." Definitions. Subsection (b) of section 164 of such Code is amended by adding at the end thereof the following new paragraph: Definitions relating to general sales taxes. For purposes of subsection (a)(6) Qualified sales. The term `qualified sale' means any sale of property if the price (including taxes and shipping paid by the taxpayer for such property and all other American-made property purchased with such property in the same transaction exceeds $500. American-made property. The term `American- made property' means tangible personal property more than 50 percent of the cost of which is attributable to value added in the United States." Effective Date. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. TITLE III SURFACE TRANSPORTATION PROGRAMS Section 301. OBLIGATION CEILING. Section 1002 of the Intermodal Surface Transportation Efficiency Act of 1991 is repealed. Section 302. AUTHORIZATION OF APPROPRIATIONS FOR HIGHWAY PROGRAMS. Section 1003(a) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended in paragraph (1) by striking "and". And by striking "fiscal year 1997" and inserting "each of fiscal years 1997, 1998, and 1999", in paragraph (2) by striking "and". And by striking "fiscal year 1997" and inserting "each of fiscal years 1997, 1998, and 1999", in paragraph (3) by striking "and". And by striking "fiscal year 1997" and inserting "each of fiscal years 1997, 1998, and 1999". In paragraph (4) by striking "and" the second place it appears. And by striking "fiscal year 1997" and inserting "each of fiscal years 1997, 1998, and 1999", in paragraph (5) by striking "and". And by striking "fiscal year 1997" and inserting "each of fiscal years 1997, 1998, and 1999". In paragraph (6)(A) by striking "and 1997" and inserting "1997, 1998, and 1999". In paragraph (6)(B) by striking "and 1997" and inserting ", 1997, 1998, and 1999". In paragraph (6)(C) by striking "and 1997" and inserting ", 1997, 1998, and 1999". In paragraph (7) by striking "and 1997" and inserting "1997, 1998, and 1999". And in paragraph (8) by striking "and 1997" and inserting "1997, 1998, and 1999". Section 303. DONOR STATE BONUS AMOUNTS. Section 1013(c)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end the following new subparagraphs: For fiscal year 1998 $514,000,000. For fiscal year 1999 $514,000,000.". Section 304. APPORTIONMENT ADJUSTMENTS. Hold Harmless. Section 1015(a)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking "1997" and inserting "1999". 90-Percent of Payment Adjustments. Section 1015(b)(1) of such Act is amended by striking "1997" and inserting "1999". Authorization of Appropriations. Section 1015(e) of such Act is amended by striking "1997" and inserting "1999". Section 305. SET-ASIDE FOR 4R PROJECTS. Section 118(c)(2)(A) of title 23, United States Code, is amended by striking "fiscal year 1997" and inserting "each of fiscal years 1997, 1998, and 1999". Section 306. DISCRETIONARY BRIDGE PROGRAM. Section 144(g)(1) of title 23, United States Code, is amended by striking "and 1997" each place it appears and inserting "1997, 1998, and 1999". Section 307. NATIONAL HIGH-SPEED GROUND TRANSPORTATION PROGRAMS. Section 1036(d)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended in subparagraph (A) by striking "fiscal year 1997" and inserting "each of fiscal years 1997, 1998, and 1999". And in subparagraph (B) by striking "and 1997" and inserting "1997, 1998, and 1999". Section 308. HIGHWAY TIMBER BRIDGE PROGRAM. Section 1039(a) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking "and 1997" and inserting "1997, 1998, and 1999". Section 309. HIGHWAY USE TAX EVASION PROJECTS. Section 1040(f)(1) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking "and 1997" and inserting "1997, 1998, and 1999". Section 310. SCENIC BYWAYS PROGRAM. Section 1047(d) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking "and 1997" and inserting "1997, 1998, and 1999". Section 311. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES. Section 1064(c) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking "and 1997" and inserting "1997, 1998, and 1999". Section 312. HIGHWAY SAFETY AUTHORIZATION OF APPROPRIATIONS. Section 2005 of the Intermodal Surface Transportation Efficiency Act of 1991 is amended in paragraph (1) by striking "and 1997" and inserting "1997, 1998, and 1999". And in paragraph (2) by striking "1997" and inserting "1999". Section 313. HIGHWAY SAFETY OBLIGATION CEILINGS. Section 2009 of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by striking subsections (a) and and inserting the following: "Sums authorized to be appropriated by this title and the amendments made by this title shall not be subject to any obligation limitation.". Section 314. FEDERAL TRANSIT ACT AUTHORIZATIONS. Section 5338 of title 49, United States Code, is amended in subsection (a)(1)(E) by striking "the fiscal year ending September 30, 1997" and inserting "each of fiscal years 1997, 1998, and 1999". And in subsection (b)(1)(E) by striking "the fiscal year ending September 30, 1997" and inserting "each of fiscal years 1997, 1998, and 1999". Section 315. REDUCTION IN FEDERAL TRANSIT ACT AUTHORIZATIONS FOR BUDGET COMPLIANCE. Section 3038 of the Intermodal Surface Transportation Efficiency Act of 1991 is repealed. Section 316. MOTOR CARRIER SAFETY GRANT PROGRAM. Section 31104(a)(5) of title 49, United States Code, is amended by striking "the fiscal year ending September 30, 1997" and inserting "each of fiscal years 1997, 1998, and 1999". Section 317. 2-YEAR EXTENSION OF HIGHWAY TRUST FUND EXPENDITURES. Subsections (c)(1) and (d)(3) of section 9503 of the Internal Revenue Code of 1986, as amended by this Act, are each amended by striking "1997" and inserting "1999". TITLE IV RELIEF FROM CREDIT CRUNCH Section 401. LOOSENING OF REQUIREMENTS ON LOAN LOSS RESERVES ENCOURAGED. Findings. The Congress hereby finds that the economy of the United States has been in a sustained period of slow growth. Credit for commercial and consumer loans and leases has become more difficult to obtain over the past three years, resulting in a "credit crunch". The banking industry has adopted a cautious credit policy in response to the state of the economy and the problems experienced by the savings and loan industry. The Federal Reserve has lowered its reserve requirements on member banks for both checking and savings deposits over the past two years in an effort to stimulate the economy, with only moderate success. And the loosening of the requirements on loan loss reserves by State banking authorities and the appropriate Federal banking agencies, as that term is defined in section 3(q) of the Federal Deposit Insurance Act (12 USC. 1813(q)), might help stimulate the economy. Declaration. It is the sense of the Congress that the current "credit crunch" should be eased by making it easier for businesses and individuals to obtain loans and leases. And State banking authorities and the appropriate Federal banking agencies, as that term is defined in section 3(q) of the Federal Deposit Insurance Act (12 USC. 1813(q)), should more sensibly apply the requirements on loan loss reserves so as not to punish or restrain responsible borrowers. TITLE V CAP ON FEDERAL EMPLOYMENT Section 501. CAP ON FEDERAL EMPLOYMENT. Employment Cap. Notwithstanding any other provision of law, the total number of individuals employed by the Federal Government may not exceed the number of individuals employed by the Federal Government on the date of the enactment of this Act. Rescission of Appropriations. Notwithstanding any other provision of law, there are hereby rescinded all unobligated amounts that were appropriated before the date of the enactment of this Act to pay salary, wages, or benefits for a position in the employment of the Federal Government that is not filled on that date. TITLE VI REDUCTION IN FEDERAL OVERHEAD EXPENSES Section 601. REDUCTION OF AMOUNTS AVAILABLE TO FEDERAL AGENCIES FOR PAYING OVERHEAD EXPENSES. Rescission of Appropriations. Notwithstanding any other provision of law, there is hereby rescinded an amount equal to 10 percent of all unobligated amounts that were appropriated before the date of the enactment of this Act to pay overhead expenses of any Federal agency. Reduction in Authorizations. The amount authorized to be appropriated for any fiscal year to pay overhead expenses of any Federal agency is hereby reduced by 10 percent. Overhead Expenses Defined. For purposes of this section, the term "overhead expenses" means any expense incurred by a Federal agency, except the payment of salaries and wages of employees of the agency, and direct spending . | TABLE OF CONTENTS: Title I: Reduction in Individual Income Taxes Title II: Incentive for Purchase of American-Made Property Title III: Surface Transportation Programs Title IV: Relief from Credit Crunch Title V: Cap on Federal Employment Title VI: Reduction in Federal Overhead Expenses Economic Growth Incentive Act of 1995 - Title I: Reduction in Individual Income Taxes - Amends the Internal Revenue Code to reduce individual income taxes. Title II: Incentive for Purchase of American-Made Property - Allows an itemized deduction for State and local general sales taxes imposed on the retail sale of American-made property. Title III: Surface Transportation Programs - Amends the Intermodal Surface Transportation Efficiency Act of 1991 to repeal the obligation ceiling for Federal-aid highways and highway safety construction programs. Authorizes appropriations for FY 1998 through 1999 for: (1) highway programs, (2) donor State bonus amounts, (3) apportionment adjustments, (4) set asides for interstate discretionary projects, (5) the discretionary bridge program, (6) national high-speed ground transportation programs, (7) the highway timber bridge program, (8) highway use tax evasion projects, (9) the scenic byways program, (10) construction of ferry boats and ferry terminal facilities, (11) certain highway safety programs, (12) Federal Transit Act authorizations. And (13) the motor carrier safety grant program. Removes the highway safety obligation ceilings. Amends the Internal Revenue Code to extend the authority to make expenditures from the Highway Trust Fund until September 30, 1999. Title IV: Relief from Credit Crunch - Expresses the sense of the Congress that: (1) the current credit crunch should be eased by making it easier for businesses and individuals to obtain loans and leases. And (2) State banking authorities and the appropriate Federal banking agencies should more sensibly apply the requirements on loan loss reserves so as not to punish or restrain responsible borrowers. Title V: Cap on Federal Employment - Prohibits the number of Federal employees from exceeding such number on the date of enactment of this Act. Rescinds all unobligated amounts that were appropriated before such date to pay the salary, wages, or benefits for a position not filled on that date. Title VI: Reduction in Federal Overhead Expenses - Rescinds ten percent of all unobligated amounts that were appropriated before the date of enactment of this Act to pay overhead expenses of any Federal agency. Reduces authorizations for any fiscal year to pay overhead expenses of any Federal agency by ten percent. | Economic Growth Incentive Act of 1995 |
113_hr3885 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generating Real Opportunities for
Workers and Transitional Help Act'' or the ``GROWTH Act''.
SEC. 2. EXTENSION OF MODIFIED FIRST-TIER EMERGENCY UNEMPLOYMENT
COMPENSATION.
(a) Extension.--
(1) In general.--Section 4007 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by adding at the end the following:
``(c) Special Rule for First-Tier Emergency Unemployment
Compensation.--Nothing in this section shall prevent the commencement
or continued payment of emergency unemployment compensation under this
title to the extent that such compensation--
``(1) represents amounts established in an account under
section 4002(b); and
``(2) is payable for a week ending on or before January 1,
2015.''.
(2) Modification.--Section 4002(b) of the Supplemental
Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304
note) is amended by inserting after paragraph (3) the
following:
``(4) Special rule relating to amounts payable for a week
ending after january 1, 2014.--Notwithstanding any provision of
paragraph (1) or (2), for purposes of determining whether an
amount is payable, out of amounts established in an account
under this subsection, for a week ending after January 1,
2014--
``(A) paragraph (1)(A) shall be applied by
substituting `54 percent' for `80 percent';
``(B) paragraph (1)(B) shall be applied by
substituting `14 weeks' for `20 weeks'; and
``(C) any amount established in an account under
paragraph (1) or (2), which becomes nonpayable by
reason of this paragraph, shall be treated in the same
way as if it had never been established in such
account.''.
(b) Funding.--Section 4004(e)(1) of the Supplemental Appropriations
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
(1) in subparagraph (I), by striking ``and'' at the end;
(2) in subparagraph (J), by inserting ``and'' at the end;
and
(3) by inserting after subparagraph (J) the following:
``(K) the amendment made by section 2(a) of the
Generating Real Opportunities for Workers and
Transitional Help Act;''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the enactment of the American Taxpayer Relief
Act of 2012 (Public Law 112-240).
SEC. 3. FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS.
(a) Flexibility.--
(1) In general.--Subsection (g) of section 4001 of the
Supplemental Appropriations Act, 2008 (Public Law 110-252; 26
U.S.C. 3304 note) shall not apply with respect to a State that
has enacted a law before December 1, 2013, that, upon taking
effect, would violate such subsection.
(2) Effective date.--Paragraph (1) is effective with
respect to weeks of unemployment beginning on or after December
29, 2013.
(b) Permitting a Subsequent Agreement.--Nothing in title IV of such
Act shall preclude a State whose agreement under such title was
terminated from entering into a subsequent agreement under such title
on or after the date of the enactment of this Act if the State, taking
into account the application of subsection (a), would otherwise meet
the requirements for an agreement under such title.
SEC. 4. AUTHORITY TO USE ANY DISCRETIONARY APPROPRIATIONS AVAILABLE TO
THE SECRETARY OF LABOR TO CONDUCT IN-PERSON REEMPLOYMENT
AND UNEMPLOYMENT INSURANCE ELIGIBILITY ASSESSMENTS FOR
UNEMPLOYMENT INSURANCE BENEFICIARIES.
(a) Authority.--Notwithstanding any other provision of law, the
Secretary of Labor may, for fiscal years 2014 through 2023, use any
discretionary appropriations available to the Secretary to conduct in-
person reemployment and unemployment insurance eligibility assessments
for unemployment insurance beneficiaries.
(b) Limitation.--Amounts used in a fiscal year pursuant to the
authority under subsection (a) may not exceed the following:
(1) $20,000,000 for fiscal year 2014.
(2) $25,000,000 for fiscal year 2015.
(3) $30,000,000 for fiscal year 2016.
(4) $35,000,000 for fiscal year 2017.
(5) $36,000,000 for fiscal year 2018.
(6) $37,000,000 for fiscal year 2019.
(7) $38,000,000 for fiscal year 2020.
(8) $39,000,000 for fiscal year 2021.
(9) $40,000,000 for fiscal year 2022.
(10) $41,000,000 for fiscal year 2023.
SEC. 5. REPEAL OF MEDICAL DEVICE EXCISE TAX.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E.
(b) Conforming Amendments.--
(1) Subsection (a) of section 4221 of such Code is amended
by striking the last sentence.
(2) Paragraph (2) of section 6416(b) of such Code is
amended by striking the last sentence.
(3) The table of subchapters for chapter 32 of such Code is
amended by striking the item relating to subchapter E.
(c) Effective Date.--The amendments made by this section shall
apply to sales after the date of the enactment of this Act.
SEC. 6. KEYSTONE XL PERMIT APPROVAL.
Notwithstanding Executive Order No. 13337 (3 U.S.C. 301 note),
Executive Order No. 11423 (3 U.S.C. 301 note), section 301 of title 3,
United States Code, and any other Executive order or provision of law,
no Presidential permit shall be required for the pipeline described in
the application filed on May 4, 2012, by TransCanada Keystone Pipeline,
L.P., to the Department of State for the Keystone XL pipeline, as
supplemented to include the Nebraska reroute evaluated in the Final
Evaluation Report issued by the Nebraska Department of Environmental
Quality in January 2013 and approved by the Nebraska governor. The
final environmental impact statement issued by the Secretary of State
on August 26, 2011, coupled with the Final Evaluation Report described
in the previous sentence, shall be considered to satisfy all
requirements of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and of the National Historic Preservation Act (16
U.S.C. 470 et seq.).
SEC. 7. REPEAL OF 30-HOUR THRESHOLD FOR CLASSIFICATION AS FULL-TIME
EMPLOYEE FOR PURPOSES OF THE EMPLOYER MANDATE IN THE
PATIENT PROTECTION AND AFFORDABLE CARE ACT AND
REPLACEMENT WITH 40 HOURS.
(a) Full-Time Equivalents.--Paragraph (2) of section 4980H(c) of
the Internal Revenue Code of 1986 is amended--
(1) by repealing subparagraph (E), and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) Full-time equivalents treated as full-time
employees.--Solely for purposes of determining whether
an employer is an applicable large employer under this
paragraph, an employer shall, in addition to the number
of full-time employees for any month otherwise
determined, include for such month a number of full-
time employees determined by dividing the aggregate
number of hours of service of employees who are not
full-time employees for the month by 174.''.
(b) Full-Time Employees.--Paragraph (4) of section 4980H(c) of the
Internal Revenue Code of 1986 is amended--
(1) by repealing subparagraph (A), and
(2) by inserting before subparagraph (B) the following new
subparagraph:
``(A) In general.--The term `full-time employee'
means, with respect to any month, an employee who is
employed on average at least 40 hours of service per
week.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 1513 of the
Patient Protection and Affordable Care Act.
SEC. 8. DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN
A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED.
(a) In General.--Section 223(d)(4) of the Social Security Act (42
U.S.C. 423(d)(4)) is amended by adding at the end the following:
``(C)(i) If for any month an individual is entitled to unemployment
compensation, such individual shall be deemed to have engaged in
substantial gainful activity for such month.
``(ii) For purposes of clause (i), the term `unemployment
compensation' means--
``(I) `regular compensation', `extended compensation', and
`additional compensation' (as such terms are defined by section
205 of the Federal-State Extended Unemployment Compensation Act
(26 U.S.C. 3304 note)); and
``(II) trade adjustment assistance under title II of the
Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(b) Trial Work Period.--Section 222(c) of the Social Security Act
(42 U.S.C. 422(c)) is amended by adding at the end the following:
``(6)(A) For purposes of this subsection, an individual shall be
deemed to have rendered services in a month if the individual is
entitled to unemployment compensation for such month.
``(B) For purposes of subparagraph (A), the term `unemployment
compensation' means--
``(i) `regular compensation', `extended compensation', and
`additional compensation' (as such terms are defined by section
205 of the Federal-State Extended Unemployment Compensation Act
(26 U.S.C. 3304 note)); and
``(ii) trade adjustment assistance under title II of the
Trade Act of 1974 (19 U.S.C. 2251 et seq.).''.
(c) Data Matching.--The Commissioner of Social Security shall
implement the amendments made by this section using appropriate
electronic data.
(d) Effective Date.--The amendments made by this section shall
apply with respect to months beginning after the date of the enactment
of this Act.
SEC. 9. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE PORTION
OF THE CHILD TAX CREDIT.
(a) In General.--Subsection (d) of section 24 of the Internal
Revenue Code of 1986 is amended by adding at the end the following:
``(5) Identification requirement with respect to
taxpayer.--
``(A) In general.--Paragraph (1) shall not apply to
any taxpayer for any taxable year unless the taxpayer
includes the taxpayer's Social Security number on the
return of tax for such taxable year.
``(B) Joint returns.--In the case of a joint
return, the requirement of subparagraph (A) shall be
treated as met if the Social Security number of either
spouse is included on such return.''.
(b) Omission Treated as Mathematical or Clerical Error.--
Subparagraph (I) of section 6213(g)(2) of the Internal Revenue Code of
1986 is amended to read as follows:
``(I) an omission of a correct Social Security
number required under section 24(d)(5) (relating to
refundable portion of child tax credit), or a correct
TIN under section 24(e) (relating to child tax credit),
to be included on a return,''.
(c) Conforming Amendment.--Subsection (e) of section 24 of the
Internal Revenue Code of 1986 is amended by inserting ``With Respect to
Qualifying Children'' after ``Identification Requirement'' in the
heading thereof.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act. | Generating Real Opportunities for Workers and Transitional Help Act or GROWTH Act - Amends the Supplemental Appropriations Act, 2008 to declare that nothing in the Act shall prevent the commencement or continued payment of first-tier emergency unemployment compensation (EUC) to the extent that it: represents amounts established in an applicant's EUC account (EUCA). And is payable for a week ending on or before January 1, 2015. Revises the formula for crediting Tier-1 amounts to an applicant's EUCA to include a week ending after January 1, 2014. Decreases the percentages in the formula : (1) from 80 to 54 of the total amount of regular compensation payable to the individual during the benefit year, and (2) from 20 to 14 times the individual's average weekly benefit amount for the benefit year. Directs the Secretary of the Treasury to transfer necessary amounts from the Treasury general fund to the EUC account to make payments to states for this extension of EUC. Makes a change in application of a certain requirement to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. Authorizes the Secretary of Labor, for FY2014-FY2023, to use any available discretionary appropriations to conduct in-person reemployment and unemployment insurance eligibility assessments for unemployment insurance beneficiaries. Specifies limits in such amount for each fiscal year. Amends the Internal Revenue Code (IRC) to repeal the excise tax on medical devices. Declares that no presidential permit shall be required for a specified application filed on May 4, 2012, by TransCanada Keystone XL pipeline, L. P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute featured in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. Considers the final environmental impact statement regarding the pipeline issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969. Amends the IRC, as amended by the Patient Protection and Affordable Care Act, to redefine full-time employee, for purposes of the mandate requiring employers to provide health care coverage for their employees, as an employee who is employed on average at least 40 hours of service a week . Amends title II (OASDI) of the Social Security Act to declare that for any month that an individual is entitled to unemployment compensation (UC) he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. States that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to UC or trade adjustment assistance for that month. Amends the IRC to require taxpayers who are claiming the refundable portion of the child tax credit to include their Social Security numbers on their tax returns. | GROWTH Act | 12,209 | 3,928 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Generating Real Opportunities for Workers and Transitional Help Act" or the "GROWTH Act". <SECTION-HEADER> EXTENSION OF MODIFIED FIRST-TIER EMERGENCY UNEMPLOYMENT COMPENSATION. Extension. In general. Section 4007 of the Supplemental Appropriations Act, 2008 is amended by adding at the end the following: Special Rule for First-Tier Emergency Unemployment Compensation. Nothing in this section shall prevent the commencement or continued payment of emergency unemployment compensation under this title to the extent that such compensation represents amounts established in an account under section 4002(b). And is payable for a week ending on or before January 1, 2015.". Modification. Section 4002(b) of the Supplemental Appropriations Act, 2008 is amended by inserting after paragraph (3) the following: Special rule relating to amounts payable for a week ending after january 1, 2014. Notwithstanding any provision of paragraph (1) or (2), for purposes of determining whether an amount is payable, out of amounts established in an account under this subsection, for a week ending after January 1, 2014 paragraph (1)(A) shall be applied by substituting `54 percent' for `80 percent'. Paragraph (1)(B) shall be applied by substituting `14 weeks' for `20 weeks'. And any amount established in an account under paragraph (1) or (2), which becomes nonpayable by reason of this paragraph, shall be treated in the same way as if it had never been established in such account.". Funding. Section 4004(e)(1) of the Supplemental Appropriations Act, 2008 is amended in subparagraph (I), by striking "and" at the end, in subparagraph (J), by inserting "and" at the end. And by inserting after subparagraph (J) the following: the amendment made by section 2(a) of the Generating Real Opportunities for Workers and Transitional Help Act. ". Effective Date. The amendments made by this section shall take effect as if included in the enactment of the American Taxpayer Relief Act of 2012 . <SECTION-HEADER> FLEXIBILITY FOR UNEMPLOYMENT PROGRAM AGREEMENTS. Flexibility. In general. Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 shall not apply with respect to a State that has enacted a law before December 1, 2013, that, upon taking effect, would violate such subsection. Effective date. Paragraph (1) is effective with respect to weeks of unemployment beginning on or after December 29, 2013. Permitting a Subsequent Agreement. Nothing in title IV of such Act shall preclude a State whose agreement under such title was terminated from entering into a subsequent agreement under such title on or after the date of the enactment of this Act if the State, taking into account the application of subsection (a), would otherwise meet the requirements for an agreement under such title. <SECTION-HEADER> AUTHORITY TO USE ANY DISCRETIONARY APPROPRIATIONS AVAILABLE TO THE SECRETARY OF LABOR TO CONDUCT IN-PERSON REEMPLOYMENT AND UNEMPLOYMENT INSURANCE ELIGIBILITY ASSESSMENTS FOR UNEMPLOYMENT INSURANCE BENEFICIARIES. Authority. Notwithstanding any other provision of law, the Secretary of Labor may, for fiscal years 2014 through 2023, use any discretionary appropriations available to the Secretary to conduct in- person reemployment and unemployment insurance eligibility assessments for unemployment insurance beneficiaries. Limitation. Amounts used in a fiscal year pursuant to the authority under subsection (a) may not exceed the following: $20,000,000 for fiscal year 2014. $25,000,000 for fiscal year 2015. $30,000,000 for fiscal year 2016. $35,000,000 for fiscal year 2017. $36,000,000 for fiscal year 2018. $37,000,000 for fiscal year 2019. $38,000,000 for fiscal year 2020. $39,000,000 for fiscal year 2021. $40,000,000 for fiscal year 2022. $41,000,000 for fiscal year 2023. <SECTION-HEADER> REPEAL OF MEDICAL DEVICE EXCISE TAX. In General. Chapter 32 of the Internal Revenue Code of 1986 is amended by striking subchapter E. Conforming Amendments. Subsection (a) of section 4221 of such Code is amended by striking the last sentence. Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E. Effective Date. The amendments made by this section shall apply to sales after the date of the enactment of this Act. <SECTION-HEADER> KEYSTONE XL PERMIT APPROVAL. Notwithstanding Executive Order No. 13337 , Executive Order No. 11423 , section 301 of title 3, United States Code, and any other Executive order or provision of law, no Presidential permit shall be required for the pipeline described in the application filed on May 4, 2012, by TransCanada Keystone Pipeline, L. P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute evaluated in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. The final environmental impact statement issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report described in the previous sentence, shall be considered to satisfy all requirements of the National Environmental Policy Act of 1969 and of the National Historic Preservation Act . <SECTION-HEADER> REPEAL OF 30-HOUR THRESHOLD FOR CLASSIFICATION AS FULL-TIME EMPLOYEE FOR PURPOSES OF THE EMPLOYER MANDATE IN THE PATIENT PROTECTION AND AFFORDABLE CARE ACT AND REPLACEMENT WITH 40 HOURS. Full-Time Equivalents. Paragraph (2) of section 4980H(c) of the Internal Revenue Code of 1986 is amended by repealing subparagraph (E), and by inserting after subparagraph (D) the following new subparagraph: Full-time equivalents treated as full-time employees. Solely for purposes of determining whether an employer is an applicable large employer under this paragraph, an employer shall, in addition to the number of full-time employees for any month otherwise determined, include for such month a number of full- time employees determined by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 174.". Full-Time Employees. Paragraph (4) of section 4980H(c) of the Internal Revenue Code of 1986 is amended by repealing subparagraph (A), and by inserting before subparagraph (B) the following new subparagraph: In general. The term `full-time employee' means, with respect to any month, an employee who is employed on average at least 40 hours of service per week.". Effective Date. The amendments made by this section shall take effect as if included in the amendments made by section 1513 of the Patient Protection and Affordable Care Act. <SECTION-HEADER> DISQUALIFICATION ON RECEIPT OF DISABILITY INSURANCE BENEFITS IN A MONTH FOR WHICH UNEMPLOYMENT COMPENSATION IS RECEIVED. In General. Section 223(d)(4) of the Social Security Act (42 USC. 423(d)(4)) is amended by adding at the end the following: (i) If for any month an individual is entitled to unemployment compensation, such individual shall be deemed to have engaged in substantial gainful activity for such month. For purposes of clause (i), the term `unemployment compensation' means `regular compensation', `extended compensation', and `additional compensation' (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act. And trade adjustment assistance under title II of the Trade Act of 1974 .". Trial Work Period. Section 222(c) of the Social Security Act (42 USC. 422(c)) is amended by adding at the end the following: (A) For purposes of this subsection, an individual shall be deemed to have rendered services in a month if the individual is entitled to unemployment compensation for such month. For purposes of subparagraph (A), the term `unemployment compensation' means `regular compensation', `extended compensation', and `additional compensation' (as such terms are defined by section 205 of the Federal-State Extended Unemployment Compensation Act. And trade adjustment assistance under title II of the Trade Act of 1974 .". Data Matching. The Commissioner of Social Security shall implement the amendments made by this section using appropriate electronic data. Effective Date. The amendments made by this section shall apply with respect to months beginning after the date of the enactment of this Act. <SECTION-HEADER> SOCIAL SECURITY NUMBER REQUIRED TO CLAIM THE REFUNDABLE PORTION OF THE CHILD TAX CREDIT. In General. Subsection (d) of section 24 of the Internal Revenue Code of 1986 is amended by adding at the end the following: Identification requirement with respect to taxpayer. In general. Paragraph (1) shall not apply to any taxpayer for any taxable year unless the taxpayer includes the taxpayer's Social Security number on the return of tax for such taxable year. Joint returns. In the case of a joint return, the requirement of subparagraph (A) shall be treated as met if the Social Security number of either spouse is included on such return.". Omission Treated as Mathematical or Clerical Error. Subparagraph (I) of section 6213(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: an omission of a correct Social Security number required under section 24(d)(5) , or a correct TIN under section 24(e) , to be included on a return,". Conforming Amendment. Subsection (e) of section 24 of the Internal Revenue Code of 1986 is amended by inserting "With Respect to Qualifying Children" after "Identification Requirement" in the heading thereof. Effective Date. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | Generating Real Opportunities for Workers and Transitional Help Act or GROWTH Act - Amends the Supplemental Appropriations Act, 2008 to declare that nothing in the Act shall prevent the commencement or continued payment of first-tier emergency unemployment compensation (EUC) to the extent that it: represents amounts established in an applicant's EUC account (EUCA). And is payable for a week ending on or before January 1, 2015. Revises the formula for crediting Tier-1 amounts to an applicant's EUCA to include a week ending after January 1, 2014. Decreases the percentages in the formula : (1) from 80 to 54 of the total amount of regular compensation payable to the individual during the benefit year, and (2) from 20 to 14 times the individual's average weekly benefit amount for the benefit year. Directs the Secretary of the Treasury to transfer necessary amounts from the Treasury general fund to the EUC account to make payments to states for this extension of EUC. Makes a change in application of a certain requirement to a state that has entered a federal-state EUC agreement, under which the federal government would reimburse the state's unemployment compensation agency making EUC payments to individuals who have exhausted all rights to regular unemployment compensation under state or federal law and meet specified other criteria. Declares that the nonreduction rule shall not apply to a state which has enacted a law before December 1, 2013, that, upon taking effect, would violate the nonreduction rule. Allows a state whose agreement was terminated, however, to enter into a subsequent federal-state EUC agreement on or after enactment of this Act if, taking into account this inapplicability of the nonreduction rule, it would otherwise meet the requirements for an EUC agreement. Authorizes the Secretary of Labor, for FY2014-FY2023, to use any available discretionary appropriations to conduct in-person reemployment and unemployment insurance eligibility assessments for unemployment insurance beneficiaries. Specifies limits in such amount for each fiscal year. Amends the Internal Revenue Code (IRC) to repeal the excise tax on medical devices. Declares that no presidential permit shall be required for a specified application filed on May 4, 2012, by TransCanada Keystone XL pipeline, L. P. to the Department of State for the Keystone XL pipeline, as supplemented to include the Nebraska reroute featured in the Final Evaluation Report issued by the Nebraska Department of Environmental Quality in January 2013 and approved by the Nebraska governor. Considers the final environmental impact statement regarding the pipeline issued by the Secretary of State on August 26, 2011, coupled with the Final Evaluation Report, to satisfy all requirements of the National Environmental Policy Act of 1969. Amends the IRC, as amended by the Patient Protection and Affordable Care Act, to redefine full-time employee, for purposes of the mandate requiring employers to provide health care coverage for their employees, as an employee who is employed on average at least 40 hours of service a week . Amends title II (OASDI) of the Social Security Act to declare that for any month that an individual is entitled to unemployment compensation (UC) he or she shall be deemed to have engaged in substantial gainful activity and so be disqualified from receiving Social Security disability benefits after a certain period has elapsed. States that, for purposes of determining services rendered by an individual during a period of trial work which will not disqualify the individual for disability benefits, the individual shall be deemed to have rendered services in a month if he or she is entitled to UC or trade adjustment assistance for that month. Amends the IRC to require taxpayers who are claiming the refundable portion of the child tax credit to include their Social Security numbers on their tax returns. | GROWTH Act |
106_s481 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Environmental Crimes and Enforcement
Act of 1999''.
SEC. 2. REIMBURSEMENT OF STATE, LOCAL, OR TRIBAL GOVERNMENT COSTS FOR
ASSISTANCE IN FEDERAL INVESTIGATION AND PROSECUTION OF
ENVIRONMENTAL CRIMES.
(a) In General.--Chapter 232 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3674. Reimbursement of State, local, or tribal government costs
for assistance in Federal investigation and prosecution
of environmental crimes
``(a) Definition of Environmental Crime.--In this section, the term
`environmental crime' means an offense that is punishable under--
``(1) section 14(b) of the Federal Insecticide, Fungicide,
and Rodenticide Act (7 U.S.C. 136l(b));
``(2) section 16(b) of the Toxic Substances Control Act (15
U.S.C. 2615(b));
``(3) section 10, 12, 13, or 16 of the Act of March 3, 1899
(commonly known as the `Rivers and Harbors Appropriation Act of
1899') (33 U.S.C. 403, 406, 407, 411);
``(4) section 309(c) or 311(b)(5) of the Federal Water
Pollution Control Act (33 U.S.C. 1319(c), 1321(b)(5));
``(5) section 105(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
``(6) section 9(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908(a));
``(7) section 4109(c) of the Shore Protection Act of 1988
(33 U.S.C. 2609(c));
``(8) section 1423(b)(2) or subsection (a) or (b) of
section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-
2(b)(2), 300i-1);
``(9) subsection (d), (e), or (i) of section 3008 of the
Solid Waste Disposal Act (42 U.S.C. 6928);
``(10) section 113(c) of the Clean Air Act (42 U.S.C.
7413(c));
``(11) subsection (b) or (d) of section 103 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603);
``(12) section 325(b)(4) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11045(b)(4));
``(13) section 303(a) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1733(a)); or
``(14) section 5124 or subsection (a) or (b) of section
60123 of title 49, United States Code.
``(b) Reimbursement.--On the motion of the United States, a person
convicted of an environmental crime shall be ordered to pay the costs
incurred by a State, local, or tribal government in assisting in the
investigation and prosecution of the case by the United States.
``(c) Use of Amounts Paid.--An amount paid to a State, local, or
tribal government under subsection (b) shall be used solely for the
enforcement of environmental laws.''.
(b) Conforming Amendment.--The analysis for chapter 232 of title
18, United States Code, is amended by adding at the end the following:
``3674. Reimbursement of State, local, or tribal government costs for
assistance in Federal investigation and
prosecution of environmental crimes.''.
SEC. 3. PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC FROM
ENVIRONMENTAL CRIMES.
(a) In General.--Chapter 39 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 837. Protection of government employees and the public from
environmental crimes
``(a) Definitions.--In this section:
``(1) Environmental crime.--The term `environmental crime'
means an offense that is punishable under--
``(A) section 14(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136l(b));
``(B) section 16(b) of the Toxic Substances Control
Act (15 U.S.C. 2615(b));
``(C) paragraph (2) or (4) of section 309(c) or
section 311(b)(5) of the Federal Water Pollution
Control Act (33 U.S.C. 1319(c), 1321(b)(5));
``(D) section 105(b) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C.
1415(b));
``(E) section 1423(b)(2) or subsection (a) or (b)
of section 1432 of the Safe Drinking Water Act (42
U.S.C. 300h-2(b)(2), 300i-1);
``(F) section 3008(d) of the Solid Waste Disposal
Act (42 U.S.C. 6928(d));
``(G) paragraph (1) or (2) of section 113(c) of the
Clean Air Act (42 U.S.C. 7413(c));
``(H) subsection (b) or (d) of section 103 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603);
``(I) section 325(b)(4) of the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C.
11045(b)(4)); or
``(J) section 5124 or subsection (a) or (b) of
section 60123 of title 49, United States Code.
``(2) Organization.--
``(A) In general.--The term `organization' means a
legal entity (other than a government) organized for
any purpose.
``(B) Inclusions.--The term `organization' includes
a corporation, company, association, firm, partnership,
joint stock company, foundation, institution, trust,
society, union, or any other association of persons.
``(3) Serious bodily injury.--The term `serious bodily
injury' means bodily injury that involves--
``(A) unconsciousness;
``(B) extreme physical pain;
``(C) protracted and obvious disfigurement; or
``(D) protracted loss or impairment of the function
of a bodily member, organ, or mental faculty.
``(b) Penalty.--A person convicted of an environmental crime that
is the proximate cause of serious bodily injury to or the death of any
person--
``(1) in the case of an environmental crime described in
subparagraph (A) or (B) of subsection (a)(1)--
``(A) shall be imprisoned not more than 5 years,
fined under this title, or both; or
``(B) if the person is an organization, shall be
fined not more than $1,000,000; and
``(2) in the case of an environmental crime described in
subparagraph (C), (D), (E), (F), (G), (H), (I), or (J) of
subsection (a)(1)--
``(A) shall be imprisoned not more than 20 years,
fined not more than $500,000, or both; or
``(B) if the person is an organization, shall be
fined not more than $2,000,000.''.
(b) Conforming Amendment.--The analysis for chapter 39 of title 18,
United States Code, is amended by adding at the end the following:
``837. Protection of government employees and the public from
environmental crimes.''.
SEC. 4. ENVIRONMENTAL CRIMES TRAINING FOR STATE, LOCAL, AND TRIBAL LAW
ENFORCEMENT PERSONNEL.
(a) Short Title.--This section may be cited as the ``Environmental
Crimes Training Act of 1999''.
(b) Law Enforcement Personnel.--In this section, the term ``law
enforcement personnel'' includes inspectors, civil and criminal
investigators, technical experts, regulators, government lawyers, and
police.
(c) Program.--
(1) Establishment of program.--As soon as practicable after
the date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall establish within the
Office of Enforcement and Compliance Assurance a program to be
known as the ``State, Local, and Tribal Environmental
Enforcement Training Program'' (referred to in this section as
the ``program'').
(2) Administration.--The program shall be administered by
the National Enforcement Training Institute of the Office of
Criminal Enforcement, Forensics, and Training.
(3) Function.--The program shall train State, local, and
tribal law enforcement personnel to investigate environmental
crimes.
(4) Training site.--Training shall be conducted at the
Federal Law Enforcement Training Center in Glynn County,
Georgia, or at other training sites that are accessible to
State, local, and tribal law enforcement personnel.
SEC. 5. STATUTE OF LIMITATIONS.
(a) In General.--Chapter 213 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 3296. Environmental crimes
``(a) Definition of Environmental Crime.--In this section, the term
`environmental crime' means an offense that is punishable under--
``(1) paragraph (2), (3), or (4) of section 309(c) or
section 311(b)(5) of the Federal Water Pollution Control Act
(33 U.S.C. 1319(c), 1321(b)(5));
``(2) section 105(b) of the Marine Protection, Research,
and Sanctuaries Act of 1972 (33 U.S.C. 1415(b));
``(3) section 9(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908(a));
``(4) section 4109(c) of the Shore Protection Act of 1988
(33 U.S.C. 2609(c));
``(5) section 1423(b)(2) or subsection (a) or (b) of
section 1432 of the Safe Drinking Water Act (42 U.S.C. 300h-
2(b)(2), 300i-1);
``(6) section 3008(d) of the Solid Waste Disposal Act (42
U.S.C. 6928(d));
``(7) paragraph (1), (2), or (3) of section 113(c) of the
Clean Air Act (42 U.S.C. 7413(c));
``(8) subsection (b) or (d) of section 103 of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9603);
``(9) section 325(b)(4) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C. 11045(b)(4)); or
``(10) section 5124 or subsection (a) or (b) of section
60123 of title 49, United States Code.
``(b) Limitation.--A person may not be prosecuted, tried, or
punished for the commission of, or a conspiracy to commit, an
environmental crime unless the indictment is returned or the
information is filed--
``(1) within 5 years after the date on which the
environmental crime is committed; or
``(2) if the person commits an affirmative act that
conceals the environmental crime from any Federal, State,
local, or tribal government agency, before the earlier of--
``(A) the later of--
``(i) 5 years after the date on which the
offense is committed; or
``(ii) 3 years after the date on which the
offense is discovered by a government agency;
or
``(B) 8 years after the date on which the
environmental crime is committed.''.
(b) Conforming Amendment.--The analysis for chapter 213 of title
18, United States Code, is amended by adding at the end the following:
``3296. Environmental crimes.''.
SEC. 6. ATTEMPTS.
(a) Federal Insecticide, Fungicide, and Rodenticide Act.--Section
14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136l(b)) is amended by adding at the end the following:
``(5) Attempts.--A person that attempts to commit the
conduct that constitutes an offense under paragraph (1) shall
be subject to the same penalties as those prescribed for the
offense.''.
(b) Toxic Substances Control Act.--Section 16(b) of the Toxic
Substances Control Act (15 U.S.C. 2615(b)), is amended--
(1) by striking ``Any'' and inserting the following:
``(1) In general.--Any''; and
(2) by adding at the end the following:
``(2) Attempts.--A person that attempts to commit the
conduct that constitutes an offense under paragraph (1) shall
be subject to the same penalties as those prescribed for the
offense.''.
(c) Federal Water Pollution Control Act.--Section 309(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1319(c)) is amended by
adding at the end the following:
``(8) Attempts.--A person that attempts to commit the
conduct that constitutes an offense under paragraph (2), (3),
or (4) shall be subject to the same penalties as those
prescribed for the offense.''.
(d) Ocean Dumping.--Section 105(b) of the Marine Protection,
Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415(b)) is amended--
(1) in paragraph (1), by striking ``and'';
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) a person that attempts to commit the conduct that
constitutes an offense under paragraph (1) shall be subject to
the same penalties as those prescribed for the offense.''.
(e) MARPOL.--Section 9(a) of the Act to Prevent Pollution from
Ships (33 U.S.C. 1908(a)) is amended--
(1) by striking ``(1) A person'' and inserting the
following:
``(1) In general.--A person''; and
(2) by adding at the end the following:
``(2) Attempts.--A person that attempts to commit conduct
that constitutes an offense under paragraph (1) shall be
subject to the same penalties as those prescribed for the
offense.''.
(f) Solid Waste Disposal Act.--Section 3008 of the Solid Waste
Disposal Act (42 U.S.C. 6928) is amended by adding at the end the
following:
``(i) Attempts.--A person that attempts to commit the conduct that
constitutes an offense under subsection (d) or (e) shall be subject to
the same penalties as those prescribed for the offense.''.
(g) Clean Air Act.--Section 113(c) of the Clean Air Act (42 U.S.C.
7413(c)) is amended by adding at the end the following:
``(7) Attempts.--A person that attempts to commit the
conduct that constitutes an offense under paragraph (1), (2),
or (3) shall be subject to the same penalties as those
prescribed for the offense.''.
SEC. 7. ENVIRONMENTAL CRIMES RESTITUTION.
Section 3663(b) of title 18, United States Code, is amended--
(1) in paragraph (4), by striking ``and'' at the end;
(2) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(6) in the case of an offense resulting in pollution of
or damage to the environment, pay for removal and remediation
of the environmental pollution or damage and restoration of the
environment, to the extent that the pollution or damage results
from the offense (for which purpose, the term `victim' in
subsection (a)(2) shall be considered to include a municipality
or other political subdivision in which the pollution occurred
or in which the damage was suffered whether or not any person
residing or doing business in the political subdivision is
identified as having suffered damage).''.
SEC. 8. PREJUDGMENT ORDERS TO SECURE PAYMENT FOR ENVIRONMENTAL DAMAGE.
(a) In General.--Chapter 39 of title 18, United States Code (as
amended by section 3(a)), is amended by adding at the end the
following:
``Sec. 838. Prejudgment orders to secure payment for environmental
damage
``(a) Definition of Property.--In this section, the term `property'
includes--
``(1) real property (including things growing on, affixed
to, or found on the real property); and
``(2) tangible and intangible personal property (including
claims, interests, money, privileges, rights, and securities).
``(b) Prejudgment order.--
``(1) In general.--At the time of the filing of an
indictment or information charging the commission of an
environmental crime (as defined in section 837(a)), or at any
time thereafter, the court may order the defendant not to
alienate or dispose of any property, or place any property
outside the jurisdiction of the district courts of the United
States, without leave of the court, if, after notice to the
defendant, the United States shows probable cause to believe
that--
``(A) the defendant will conceal, alienate, or
dispose of the property, or place the property outside
the jurisdiction of the district courts of the United
States; and
``(B) the defendant will thereby reduce or impair
the ability of the defendant to pay restitution, in
whole or in part, including removal and remediation of
environmental pollution or damage and restoration of
the environment resulting from the violation.
``(2) Burden of proof.--In seeking an order under paragraph
(1), the United States shall bear the burden of proving, by a
preponderance of the evidence, the projected cost for the
removal and remediation of the environmental pollution or
damage and restoration of the environment.
``(3) Defenses.--In response to a motion by the United
States under paragraph (1), it shall be an affirmative defense
that--
``(A) the defendant possesses other assets
sufficient to pay restitution, including the costs of
removal and remediation of the environmental pollution
or damage and restoration of the environment resulting
from the violation, if the defendant places those other
assets under the control of the court; or
``(B) the defendant has made full restitution,
including the removal and remediation of the
environmental pollution or damage and restoration of
the environment.
``(c) Procedures.--Any proceeding under this section shall be
governed by the Federal Rules of Criminal Procedure.
``(d) Amendment of Order.--The court may amend an order issued
under this section at any time.
``(e) Expiration of Order.--An order under this section shall
expire on the date of an entry of an order of dismissal or of an entry
of judgment in the case.
``(f) All Writs Act.--Nothing in this section diminishes the powers
of the court available under section 1651 of title 28.''.
(b) Conforming Amendment.--The analysis for chapter 39 of title 18,
United States Code (as amended by section 3(b)), is amended by adding
at the end the following:
``838. Prejudgment orders to secure payment for environmental
damage.''. | Environmental Crimes and Enforcement Act of 1999 - Amends the Federal criminal code to require that, on motion of the United States, a person convicted of an environmental crime be ordered to pay the costs incurred by a State, local, or tribal government in assisting in the investigation and prosecution of the case by the United States. Directs that sums paid under this provision be used solely for the enforcement of environmental laws. Sets penalties for persons convicted of an environmental crime that is the proximate cause of serious bodily injury to or the death of any person. Environmental Crimes Training Act of 1999 - Directs the Administrator of the Environmental Protection Agency to establish within the Office of Enforcement and Compliance Assurance a State, Local, and Tribal Environmental Enforcement Training Program to train State, local, and tribal law enforcement personnel to investigate environmental crimes. Sets a five-year statute of limitations for commission of, or a conspiracy to commit, specified Federal environmental crimes. Amends various Federal environmental laws to cover attempts to engage in proscribed conduct. Amends the code to authorize the court to order restitution for listed Federal environmental crimes, including, in the case of an offense resulting in pollution of or damage to the environment, payment for removal and remediation of the pollution or damage and restoration of the environment. Defines victim of the offense in such cases to include a municipality or other political subdivision in which the pollution occurred or in which the damage was suffered, whether or not any person residing or doing business in the political subdivision is identified as having suffered damage. Authorizes the court to issue prejudgment orders to secure payment for environmental damage. | Environmental Crimes and Enforcement Act of 1999 | 19,629 | 1,832 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Environmental Crimes and Enforcement Act of 1999". <SECTION-HEADER> REIMBURSEMENT OF STATE, LOCAL, OR TRIBAL GOVERNMENT COSTS FOR ASSISTANCE IN FEDERAL INVESTIGATION AND PROSECUTION OF ENVIRONMENTAL CRIMES. In General. Chapter 232 of title 18, United States Code, is amended by adding at the end the following: "Section 3674. Reimbursement of State, local, or tribal government costs for assistance in Federal investigation and prosecution of environmental crimes Definition of Environmental Crime. In this section, the term `environmental crime' means an offense that is punishable under section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC. 136l(b)). Section 16(b) of the Toxic Substances Control Act (15 USC. 2615(b)). Section 10, 12, 13, or 16 of the Act of March 3, 1899. Section 309(c) or 311(b)(5) of the Federal Water Pollution Control Act (33 USC. 1319(c), 1321(b)(5)). Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 USC. 1415(b)). Section 9(a) of the Act to Prevent Pollution from Ships (33 USC. 1908(a)). Section 4109(c) of the Shore Protection Act of 1988 (33 USC. 2609(c)). Section 1423(b)(2) or subsection (a) or (b) of section 1432 of the Safe Drinking Water Act (42 USC. 300h- 2(b). Subsection (d), (e), or (i) of section 3008 of the Solid Waste Disposal Act, section 113(c) of the Clean Air Act (42 USC. 7413(c)). Subsection (b) or (d) of section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Section 325(b)(4) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 USC. 11045(b)(4)). Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 USC. 1733(a)). Or section 5124 or subsection (a) or (b) of section 60123 of title 49, United States Code. Reimbursement. On the motion of the United States, a person convicted of an environmental crime shall be ordered to pay the costs incurred by a State, local, or tribal government in assisting in the investigation and prosecution of the case by the United States. Use of Amounts Paid. An amount paid to a State, local, or tribal government under subsection (b) shall be used solely for the enforcement of environmental laws.". Conforming Amendment. The analysis for chapter 232 of title 18, United States Code, is amended by adding at the end the following: "3674. Reimbursement of State, local, or tribal government costs for assistance in Federal investigation and prosecution of environmental crimes.". <SECTION-HEADER> PROTECTION OF GOVERNMENT EMPLOYEES AND THE PUBLIC FROM ENVIRONMENTAL CRIMES. In General. Chapter 39 of title 18, United States Code, is amended by adding at the end the following: "Section 837. Protection of government employees and the public from environmental crimes Definitions. In this section: Environmental crime. The term `environmental crime' means an offense that is punishable under section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC. 136l(b)). Section 16(b) of the Toxic Substances Control Act (15 USC. 2615(b)). Paragraph (2) or (4) of section 309(c) or section 311(b)(5) of the Federal Water Pollution Control Act (33 USC. 1319(c), 1321(b)(5)). Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 USC. 1415(b)). Section 1423(b)(2) or subsection (a) or (b) of section 1432 of the Safe Drinking Water Act (42 USC. 300h-2(b). Section 3008(d) of the Solid Waste Disposal Act (42 USC. 6928(d)). Paragraph (1) or (2) of section 113(c) of the Clean Air Act (42 USC. 7413(c)). Subsection (b) or (d) of section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Section 325(b)(4) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 USC. 11045(b)(4)). Or section 5124 or subsection (a) or (b) of section 60123 of title 49, United States Code. Organization. In general. The term `organization' means a legal entity organized for any purpose. Inclusions. The term `organization' includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons. Serious bodily injury. The term `serious bodily injury' means bodily injury that involves unconsciousness, extreme physical pain, protracted and obvious disfigurement. Or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. Penalty. A person convicted of an environmental crime that is the proximate cause of serious bodily injury to or the death of any person in the case of an environmental crime described in subparagraph (A) or (B) of subsection (a)(1) shall be imprisoned not more than 5 years, fined under this title, or both. Or if the person is an organization, shall be fined not more than $1,000,000. And in the case of an environmental crime described in subparagraph (C), (D), (E), (F), (G), (H), (I), or (J) of subsection (a)(1) shall be imprisoned not more than 20 years, fined not more than $500,000, or both. Or if the person is an organization, shall be fined not more than $2,000,000.". Conforming Amendment. The analysis for chapter 39 of title 18, United States Code, is amended by adding at the end the following: "837. Protection of government employees and the public from environmental crimes.". <SECTION-HEADER> ENVIRONMENTAL CRIMES TRAINING FOR STATE, LOCAL, AND TRIBAL LAW ENFORCEMENT PERSONNEL. Short Title. This section may be cited as the "Environmental Crimes Training Act of 1999". Law Enforcement Personnel. In this section, the term "law enforcement personnel" includes inspectors, civil and criminal investigators, technical experts, regulators, government lawyers, and police. Program. Establishment of program. As soon as practicable after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall establish within the Office of Enforcement and Compliance Assurance a program to be known as the "State, Local, and Tribal Environmental Enforcement Training Program" . Administration. The program shall be administered by the National Enforcement Training Institute of the Office of Criminal Enforcement, Forensics, and Training. Function. The program shall train State, local, and tribal law enforcement personnel to investigate environmental crimes. Training site. Training shall be conducted at the Federal Law Enforcement Training Center in Glynn County, Georgia, or at other training sites that are accessible to State, local, and tribal law enforcement personnel. <SECTION-HEADER> STATUTE OF LIMITATIONS. In General. Chapter 213 of title 18, United States Code, is amended by adding at the end the following: "Section 3296. Environmental crimes Definition of Environmental Crime. In this section, the term `environmental crime' means an offense that is punishable under paragraph (2), (3), or (4) of section 309(c) or section 311(b)(5) of the Federal Water Pollution Control Act (33 USC. 1319(c), 1321(b)(5)). Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 USC. 1415(b)). Section 9(a) of the Act to Prevent Pollution from Ships (33 USC. 1908(a)). Section 4109(c) of the Shore Protection Act of 1988 (33 USC. 2609(c)). Section 1423(b)(2) or subsection (a) or (b) of section 1432 of the Safe Drinking Water Act (42 USC. 300h- 2(b). Section 3008(d) of the Solid Waste Disposal Act (42 USC. 6928(d)). Paragraph (1), (2), or (3) of section 113(c) of the Clean Air Act (42 USC. 7413(c)). Subsection (b) or (d) of section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Section 325(b)(4) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 USC. 11045(b)(4)). Or section 5124 or subsection (a) or (b) of section 60123 of title 49, United States Code. Limitation. A person may not be prosecuted, tried, or punished for the commission of, or a conspiracy to commit, an environmental crime unless the indictment is returned or the information is filed within 5 years after the date on which the environmental crime is committed. Or if the person commits an affirmative act that conceals the environmental crime from any Federal, State, local, or tribal government agency, before the earlier of the later of 5 years after the date on which the offense is committed. Or 3 years after the date on which the offense is discovered by a government agency. Or 8 years after the date on which the environmental crime is committed.". Conforming Amendment. The analysis for chapter 213 of title 18, United States Code, is amended by adding at the end the following: "3296. Environmental crimes.". <SECTION-HEADER> ATTEMPTS. Federal Insecticide, Fungicide, and Rodenticide Act. Section 14(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC. 136l(b)) is amended by adding at the end the following: Attempts. A person that attempts to commit the conduct that constitutes an offense under paragraph (1) shall be subject to the same penalties as those prescribed for the offense.". Toxic Substances Control Act. Section 16(b) of the Toxic Substances Control Act (15 USC. 2615(b)), is amended by striking "Any" and inserting the following: In general. Any". And by adding at the end the following: Attempts. A person that attempts to commit the conduct that constitutes an offense under paragraph (1) shall be subject to the same penalties as those prescribed for the offense.". Federal Water Pollution Control Act. Section 309(c) of the Federal Water Pollution Control Act (33 USC. 1319(c)) is amended by adding at the end the following: Attempts. A person that attempts to commit the conduct that constitutes an offense under paragraph (2), (3), or (4) shall be subject to the same penalties as those prescribed for the offense.". Ocean Dumping. Section 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 USC. 1415(b)) is amended in paragraph (1), by striking "and". In paragraph (2), by striking the period at the end and inserting ", and". And by adding at the end the following: a person that attempts to commit the conduct that constitutes an offense under paragraph (1) shall be subject to the same penalties as those prescribed for the offense.". MARPOL. Section 9(a) of the Act to Prevent Pollution from Ships (33 USC. 1908(a)) is amended by striking "(1) A person" and inserting the following: In general. A person". And by adding at the end the following: Attempts. A person that attempts to commit conduct that constitutes an offense under paragraph (1) shall be subject to the same penalties as those prescribed for the offense.". Solid Waste Disposal Act. Section 3008 of the Solid Waste Disposal Act is amended by adding at the end the following: Attempts. A person that attempts to commit the conduct that constitutes an offense under subsection (d) or (e) shall be subject to the same penalties as those prescribed for the offense.". Clean Air Act. Section 113(c) of the Clean Air Act (42 USC. 7413(c)) is amended by adding at the end the following: Attempts. A person that attempts to commit the conduct that constitutes an offense under paragraph (1), (2), or (3) shall be subject to the same penalties as those prescribed for the offense.". <SECTION-HEADER> ENVIRONMENTAL CRIMES RESTITUTION. Section 3663(b) of title 18, United States Code, is amended in paragraph (4), by striking "and" at the end. In paragraph (5), by striking the period at the end and inserting ", and". And by adding at the end the following: in the case of an offense resulting in pollution of or damage to the environment, pay for removal and remediation of the environmental pollution or damage and restoration of the environment, to the extent that the pollution or damage results from the offense (for which purpose, the term `victim' in subsection (a).". <SECTION-HEADER> PREJUDGMENT ORDERS TO SECURE PAYMENT FOR ENVIRONMENTAL DAMAGE. In General. Chapter 39 of title 18, United States Code (as amended by section 3(a)), is amended by adding at the end the following: "Section 838. Prejudgment orders to secure payment for environmental damage Definition of Property. In this section, the term `property' includes real property. And tangible and intangible personal property . Prejudgment order. In general. At the time of the filing of an indictment or information charging the commission of an environmental crime (as defined in section 837(a)), or at any time thereafter, the court may order the defendant not to alienate or dispose of any property, or place any property outside the jurisdiction of the district courts of the United States, without leave of the court, if, after notice to the defendant, the United States shows probable cause to believe that the defendant will conceal, alienate, or dispose of the property, or place the property outside the jurisdiction of the district courts of the United States. And the defendant will thereby reduce or impair the ability of the defendant to pay restitution, in whole or in part, including removal and remediation of environmental pollution or damage and restoration of the environment resulting from the violation. Burden of proof. In seeking an order under paragraph , the United States shall bear the burden of proving, by a preponderance of the evidence, the projected cost for the removal and remediation of the environmental pollution or damage and restoration of the environment. Defenses. In response to a motion by the United States under paragraph (1), it shall be an affirmative defense that the defendant possesses other assets sufficient to pay restitution, including the costs of removal and remediation of the environmental pollution or damage and restoration of the environment resulting from the violation, if the defendant places those other assets under the control of the court. Or the defendant has made full restitution, including the removal and remediation of the environmental pollution or damage and restoration of the environment. Procedures. Any proceeding under this section shall be governed by the Federal Rules of Criminal Procedure. Amendment of Order. The court may amend an order issued under this section at any time. Expiration of Order. An order under this section shall expire on the date of an entry of an order of dismissal or of an entry of judgment in the case. All Writs Act. Nothing in this section diminishes the powers of the court available under section 1651 of title 28.". Conforming Amendment. The analysis for chapter 39 of title 18, United States Code (as amended by section 3(b)), is amended by adding at the end the following: "838. Prejudgment orders to secure payment for environmental damage.". | Environmental Crimes and Enforcement Act of 1999 - Amends the Federal criminal code to require that, on motion of the United States, a person convicted of an environmental crime be ordered to pay the costs incurred by a State, local, or tribal government in assisting in the investigation and prosecution of the case by the United States. Directs that sums paid under this provision be used solely for the enforcement of environmental laws. Sets penalties for persons convicted of an environmental crime that is the proximate cause of serious bodily injury to or the death of any person. Environmental Crimes Training Act of 1999 - Directs the Administrator of the Environmental Protection Agency to establish within the Office of Enforcement and Compliance Assurance a State, Local, and Tribal Environmental Enforcement Training Program to train State, local, and tribal law enforcement personnel to investigate environmental crimes. Sets a five-year statute of limitations for commission of, or a conspiracy to commit, specified Federal environmental crimes. Amends various Federal environmental laws to cover attempts to engage in proscribed conduct. Amends the code to authorize the court to order restitution for listed Federal environmental crimes, including, in the case of an offense resulting in pollution of or damage to the environment, payment for removal and remediation of the pollution or damage and restoration of the environment. Defines victim of the offense in such cases to include a municipality or other political subdivision in which the pollution occurred or in which the damage was suffered, whether or not any person residing or doing business in the political subdivision is identified as having suffered damage. Authorizes the court to issue prejudgment orders to secure payment for environmental damage. | Environmental Crimes and Enforcement Act of 1999 |
108_s337 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Arsenic-Treated Residential-Use Wood
Prohibition Act''.
SEC. 2. HAZARDOUS WASTE CLASSIFICATION.
Section 3001(e) of the Solid Waste Disposal Act (42 U.S.C. 6921(e))
is amended by adding at the end the following:
``(3) CCA-treated wood.--
``(A) Definitions.--In this paragraph:
``(i) Arsenic-treated wood.--The term
`arsenic-treated wood' means wood treated with
an arsenical pesticide.
``(ii) CCA-treated wood.--The term `CCA-
treated wood' means wood that is treated with
any pesticide that is an inorganic arsenical or
chromated copper arsenical.
``(iii) Pesticide.--The term `pesticide'
has the meaning given the term in section 2 of
the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136).
``(B) Regulation of cca-treated wood.--
``(i) In general.--Notwithstanding section
261.4(b)(9) of title 40, Code of Federal
Regulations (as in effect on the date of
enactment of this paragraph), or any similar
successor regulation, discarded CCA-treated
wood, other arsenical-treated wood, and CCA-
treated sawdust shall be disposed of in a lined
landfill with a leachate system and groundwater
monitoring system (or such other system as the
Administrator determines is appropriate to
capture arsenic and prevent arsenic from
contaminating groundwater).
``(ii) Risk assessment.--
``(I) In general.--Not later than
March 15, 2003, the Administrator, in
consultation with the Consumer Products
Safety Commission, shall publish in the
Federal Register an assessment of the
risks posed by the production, cutting,
milling, sanding, mulching, and use of
CCA-treated wood.
``(II) Methodology.--In conducting
the risk assessment, the Administrator
shall follow the methodology
recommended by the Scientific Advisory
Panels which were organized by the
United States Environmental Protection
Agency and which met in October 2001.
``(C) Prohibition of production.--
``(i) In general.--As soon as practicable
after the date of enactment of this paragraph,
the Administrator shall promulgate regulations
that--
``(I) provide for the cessation of
production of CCA-treated wood not
later than 60 days after the date of
enactment of this paragraph; and
``(II) prohibit the production of
CCA-treated wood on and after that
date.
``(ii) Exemptions.--If the Administrator
publishes in the Federal Register a notice that
the uses of CCA-treated wood identified in
subclauses (I), (II), and (III) are safe, as of
the date of publication of that notice, clause
(i) shall not apply to the production of CCA-
treated wood used for--
``(I) railroad ties;
``(II) marine pilings; or
``(III) utility poles.''.
SEC. 3. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.
(a) In General.--The Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
(1) by redesignating sections 33 and 34 as sections 34 and
35, respectively; and
(2) by inserting after section 32 the following:
``SEC. 33. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER.
``(a) Definitions.--In this section:
``(1) CCA-treated wood.--The term `CCA-treated wood' means
wood that is treated with any pesticide that is a chromated
copper arsenical.
``(2) Manufacture.--The term `manufacture', with respect to
CCA-treated wood and items described in subsection (b)(1),
includes--
``(A) the creation of a product designed to be
assembled by a consumer; and
``(B) the building of a product on behalf of a
consumer in accordance with specifications given by the
consumer.
``(b) Prohibition.--Notwithstanding any other provision of law,
except as provided in paragraph (3)(C)(ii) of section 3001(e) of the
Solid Waste Disposal Act (42 U.S.C. 6921(e)), not later than 90 days
after the date of enactment of this subsection, the Administrator shall
promulgate regulations that prohibit the use of CCA-treated wood--
``(1) in the manufacture of any product that may be used
for or by children, including--
``(A) playground equipment, play houses, or other
structures designed for frequent use specifically by
children;
``(B) fences;
``(C) walkways;
``(D) docks, including residential docks,
residential landscaping and boat houses; and
``(E) any other similar product, as determined by
the Administrator; and
``(2) for mulch, compost, a soil amendment, or any other
residential or occupational purpose, as determined by the
Administrator.''.
(b) Conforming Amendment.--The table of contents in section 1(b) of
the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. prec.
121) is amended by striking the items relating to sections 30 and 31
and inserting the following:
``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Prohibition of certain uses of arsenic-treated lumber.
``(a) Definitions.
``(1) CCA-treated wood.
``(2) Manufacture.
``(b) Prohibition.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
SEC. 4. ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND
SCHOOL SYSTEMS.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) CCA-treated wood.--The term ``CCA-treated wood'' means
wood that is treated with any pesticide that is an inorganic
arsenical or chromated copper arsenical.
(3) Pesticide.--The term ``pesticide'' has the meaning
given the term in section 2 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136).
(b) Educational Program.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall develop and conduct an
educational program to assist consumers, State and local governments,
school systems, and other institutions in--
(1) testing arsenic levels in CCA-treated wood and soil
surrounding CCA-treated wood;
(2) making decisions relating to the containment and
removal of CCA-treated wood from homes, playgrounds, schools,
and other facilities designed primarily for use by children;
and
(3) providing guidance regarding the decontamination of
soils, mulches, and other media under structures made of CCA-
treated wood where children or pets may be exposed to arsenic.
(c) Assistance for Schools.--Not later than 180 days after the date
of enactment of this Act, the Administrator shall establish a pilot
program to provide grants and technical assistance to school systems to
assist the school systems in--
(1) removing playground and other equipment containing CCA-
treated wood from grounds of the school systems;
(2) applying sealant to CCA-treated wood structures; and
(3) conducting any necessary remediation relating to use of
CCA-treated wood.
(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section. | Arsenic-Treated Residential-Use Wood Prohibition Act - Amends the Solid Waste Disposal Act to: (1) list CCA-treated wood as a hazardous waste. (2) require disposal of discarded CCA wood, notwithstanding regulations exempting certain solid wastes from the definition of hazardous waste, in a lined landfill with a leachate system and groundwater monitoring system. (3) require the Administrator of the Environmental Protection Agency to conduct an assessment of the risks of CCA-treated wood production, processing, and use. And (4) direct the Administrator to promulgate regulations for the cessation and prohibition of production of such wood, with exceptions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require the Administrator to promulgate regulations prohibiting the use of CCA-treated wood in the manufacture, production, or use of any product that may be used for or by children or for mulch, compost, a soil amendment, or any other residential or occupational purpose. Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning CCA-treated wood containment, removal, and decontamination. And (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing CCA-treated wood and remediation activities. | A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to prohibit the use of arsenic-treated lumber as mulch, compost, or a soil amendment, and to prohibit the manufacture of arsenic-treated wood for use as playground equipment for children, fences, walkways, or decks or for other residential or occupational purposes, and for other purposes. | 9,624 | 1,488 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Arsenic-Treated Residential-Use Wood Prohibition Act". <SECTION-HEADER> HAZARDOUS WASTE CLASSIFICATION. Section 3001(e) of the Solid Waste Disposal Act (42 USC. 6921(e)) is amended by adding at the end the following: CCA-treated wood. Definitions. In this paragraph: Arsenic-treated wood. The term `arsenic-treated wood' means wood treated with an arsenical pesticide. CCA-treated wood. The term `CCA- treated wood' means wood that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical. Pesticide. The term `pesticide' has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act . Regulation of cca-treated wood. In general. Notwithstanding section 261.4(b)(9) of title 40, Code of Federal Regulations , or any similar successor regulation, discarded CCA-treated wood, other arsenical-treated wood, and CCA- treated sawdust shall be disposed of in a lined landfill with a leachate system and groundwater monitoring system . Risk assessment. In general. Not later than March 15, 2003, the Administrator, in consultation with the Consumer Products Safety Commission, shall publish in the Federal Register an assessment of the risks posed by the production, cutting, milling, sanding, mulching, and use of CCA-treated wood. Methodology. In conducting the risk assessment, the Administrator shall follow the methodology recommended by the Scientific Advisory Panels which were organized by the United States Environmental Protection Agency and which met in October 2001. Prohibition of production. In general. As soon as practicable after the date of enactment of this paragraph, the Administrator shall promulgate regulations that provide for the cessation of production of CCA-treated wood not later than 60 days after the date of enactment of this paragraph. And prohibit the production of CCA-treated wood on and after that date. Exemptions. If the Administrator publishes in the Federal Register a notice that the uses of CCA-treated wood identified in subclauses (I), (II), and (III) are safe, as of the date of publication of that notice, clause shall not apply to the production of CCA- treated wood used for railroad ties, marine pilings. Or utility poles.". <SECTION-HEADER> PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER. In General. The Federal Insecticide, Fungicide, and Rodenticide Act is amended by redesignating sections 33 and 34 as sections 34 and 35, respectively. And by inserting after section 32 the following: "Section 33. PROHIBITION OF CERTAIN USES OF ARSENIC-TREATED LUMBER. Definitions. In this section: CCA-treated wood. The term `CCA-treated wood' means wood that is treated with any pesticide that is a chromated copper arsenical. Manufacture. The term `manufacture', with respect to CCA-treated wood and items described in subsection (b)(1), includes the creation of a product designed to be assembled by a consumer. And the building of a product on behalf of a consumer in accordance with specifications given by the consumer. Prohibition. Notwithstanding any other provision of law, except as provided in paragraph (3)(C)(ii) of section 3001(e) of the Solid Waste Disposal Act (42 USC. 6921(e)), not later than 90 days after the date of enactment of this subsection, the Administrator shall promulgate regulations that prohibit the use of CCA-treated wood in the manufacture of any product that may be used for or by children, including playground equipment, play houses, or other structures designed for frequent use specifically by children, fences, walkways, docks, including residential docks, residential landscaping and boat houses, and any other similar product, as determined by the Administrator. And for mulch, compost, a soil amendment, or any other residential or occupational purpose, as determined by the Administrator.". Conforming Amendment. The table of contents in section 1(b) of the Federal Insecticide, Fungicide, and Rodenticide Act is amended by striking the items relating to sections 30 and 31 and inserting the following: "<SECTION-HEADER> Minimum requirements for training of maintenance applicators and service technicians. "<SECTION-HEADER> Environmental Protection Agency minor use program. "<SECTION-HEADER> Department of Agriculture minor use program. In general. (1) Minor use pesticide data. Minor Use Pesticide Data Revolving Fund. "<SECTION-HEADER> Prohibition of certain uses of arsenic-treated lumber. Definitions. CCA-treated wood. Manufacture. Prohibition. "<SECTION-HEADER> Severability. "<SECTION-HEADER> Authorization for appropriations.". <SECTION-HEADER> ASSISTANCE TO CONSUMERS, STATE AND LOCAL GOVERNMENTS, AND SCHOOL SYSTEMS. Definitions. In this section: Administrator. The term "Administrator" means the Administrator of the Environmental Protection Agency. CCA-treated wood. The term "CCA-treated wood" means wood that is treated with any pesticide that is an inorganic arsenical or chromated copper arsenical. Pesticide. The term "pesticide" has the meaning given the term in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act . Educational Program. Not later than 180 days after the date of enactment of this Act, the Administrator shall develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels in CCA-treated wood and soil surrounding CCA-treated wood. Making decisions relating to the containment and removal of CCA-treated wood from homes, playgrounds, schools, and other facilities designed primarily for use by children. And providing guidance regarding the decontamination of soils, mulches, and other media under structures made of CCA- treated wood where children or pets may be exposed to arsenic. Assistance for Schools. Not later than 180 days after the date of enactment of this Act, the Administrator shall establish a pilot program to provide grants and technical assistance to school systems to assist the school systems in removing playground and other equipment containing CCA- treated wood from grounds of the school systems, applying sealant to CCA-treated wood structures. And conducting any necessary remediation relating to use of CCA-treated wood. Authorization of Appropriations. There are authorized to be appropriated such sums as are necessary to carry out this section. | Arsenic-Treated Residential-Use Wood Prohibition Act - Amends the Solid Waste Disposal Act to: (1) list CCA-treated wood as a hazardous waste. (2) require disposal of discarded CCA wood, notwithstanding regulations exempting certain solid wastes from the definition of hazardous waste, in a lined landfill with a leachate system and groundwater monitoring system. (3) require the Administrator of the Environmental Protection Agency to conduct an assessment of the risks of CCA-treated wood production, processing, and use. And (4) direct the Administrator to promulgate regulations for the cessation and prohibition of production of such wood, with exceptions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require the Administrator to promulgate regulations prohibiting the use of CCA-treated wood in the manufacture, production, or use of any product that may be used for or by children or for mulch, compost, a soil amendment, or any other residential or occupational purpose. Requires the Administrator to: (1) develop and conduct an educational program to assist consumers, State and local governments, school systems, and other institutions in testing arsenic levels and making decisions concerning CCA-treated wood containment, removal, and decontamination. And (2) establish a pilot program of grants and technical assistance to assist school systems in removal of playground and other equipment containing CCA-treated wood and remediation activities. | A bill to amend the Federal Insecticide, Fungicide, and Rodenticide Act and the Solid Waste Disposal Act to prohibit the use of arsenic-treated lumber as mulch, compost, or a soil amendment, and to prohibit the manufacture of arsenic-treated wood for use as playground equipment for children, fences, walkways, or decks or for other residential or occupational purposes, and for other purposes. |
112_s3456 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Child Protection Act of 2012''.
SEC. 2. ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY.
(a) Certain Activities Relating to Material Involving the Sexual
Exploitation of Minors.--Section 2252(b)(2) of title 18, United States
Code, is amended by inserting after ``but if'' the following: ``any
visual depiction involved in the offense involved a prepubescent minor
or a minor who had not attained 12 years of age, such person shall be
fined under this title and imprisoned for not more than 20 years, or
if''.
(b) Certain Activities Relating to Material Constituting or
Containing Child Pornography.--Section 2252A(b)(2) of title 18, United
States Code, is amended by inserting after ``but, if'' the following:
``any image of child pornography involved in the offense involved a
prepubescent minor or a minor who had not attained 12 years of age,
such person shall be fined under this title and imprisoned for not more
than 20 years, or if''.
SEC. 3. PROTECTION OF CHILD WITNESSES.
(a) Civil Action To Restrain Harassment of a Victim or Witness.--
Section 1514 of title 18, United States Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) by inserting ``or its own motion,''
after ``attorney for the Government,''; and
(ii) by inserting ``or investigation''
after ``Federal criminal case'' each place it
appears;
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (4), and (5), respectively;
(C) by inserting after paragraph (1) the following:
``(2) In the case of a minor witness or victim, the court
shall issue a protective order prohibiting harassment or
intimidation of the minor victim or witness if the court finds
evidence that the conduct at issue is reasonably likely to
adversely affect the willingness of the minor witness or victim
to testify or otherwise participate in the Federal criminal
case or investigation. Any hearing regarding a protective order
under this paragraph shall be conducted in accordance with
paragraphs (1) and (3), except that the court may issue an ex
parte emergency protective order in advance of a hearing if
exigent circumstances are present. If such an ex parte order is
applied for or issued, the court shall hold a hearing not later
than 14 days after the date such order was applied for or is
issued.'';
(D) in paragraph (4), as so redesignated, by
striking ``(and not by reference to the complaint or
other document)''; and
(E) in paragraph (5), as so redesignated, in the
second sentence, by inserting before the period at the
end the following: ``, except that in the case of a
minor victim or witness, the court may order that such
protective order expires on the later of 3 years after
the date of issuance or the date of the eighteenth
birthday of that minor victim or witness''; and
(2) by striking subsection (c) and inserting the following:
``(c) Whoever knowingly and intentionally violates or attempts to
violate an order issued under this section shall be fined under this
title, imprisoned not more than 5 years, or both.
``(d)(1) As used in this section--
``(A) the term `course of conduct' means a series of acts
over a period of time, however short, indicating a continuity
of purpose;
``(B) the term `harassment' means a serious act or course
of conduct directed at a specific person that--
``(i) causes substantial emotional distress in such
person; and
``(ii) serves no legitimate purpose;
``(C) the term `immediate family member' has the meaning
given that term in section 115 and includes grandchildren;
``(D) the term `intimidation' means a serious act or course
of conduct directed at a specific person that--
``(i) causes fear or apprehension in such person;
and
``(ii) serves no legitimate purpose;
``(E) the term `restricted personal information' has the
meaning given that term in section 119;
``(F) the term `serious act' means a single act of
threatening, retaliatory, harassing, or violent conduct that is
reasonably likely to influence the willingness of a victim or
witness to testify or participate in a Federal criminal case or
investigation; and
``(G) the term `specific person' means a victim or witness
in a Federal criminal case or investigation, and includes an
immediate family member of such a victim or witness.
``(2) For purposes of subparagraphs (B)(ii) and (D)(ii) of
paragraph (1), a court shall presume, subject to rebuttal by the
person, that the distribution or publication using the Internet of a
photograph of, or restricted personal information regarding, a specific
person serves no legitimate purpose, unless that use is authorized by
that specific person, is for news reporting purposes, is designed to
locate that specific person (who has been reported to law enforcement
as a missing person), or is part of a government-authorized effort to
locate a fugitive or person of interest in a criminal, antiterrorism,
or national security investigation.''.
(b) Sentencing Guidelines.--Pursuant to its authority under section
994 of title 28, United States Code, and in accordance with this
section, the United States Sentencing Commission shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements to ensure--
(1) that the guidelines provide an additional penalty
increase above the sentence otherwise applicable in Part J of
Chapter 2 of the Guidelines Manual if the defendant was
convicted of a violation of section 1591 of title 18, United
States Code, or chapters 109A, 109B, 110, or 117 of title 18,
United States Code; and
(2) if the offense described in paragraph (1) involved
causing or threatening to cause physical injury to a person
under 18 years of age, in order to obstruct the administration
of justice, an additional penalty increase above the sentence
otherwise applicable in Part J of Chapter 2 of the Guidelines
Manual.
SEC. 4. SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX OFFENDERS.
(a) Administrative Subpoenas.--
(1) In general.--Section 3486(a)(1) of title 18, United
States Code, is amended--
(A) in subparagraph (A)--
(i) in clause (i), by striking ``or'' at
the end;
(ii) by redesignating clause (ii) as clause
(iii); and
(iii) by inserting after clause (i) the
following:
``(ii) an unregistered sex offender conducted by the United
States Marshals Service, the Director of the United States
Marshals Service; or''; and
(B) in subparagraph (D)--
(i) by striking ``paragraph, the term'' and
inserting the following: ``paragraph--
``(i) the term'';
(ii) by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(ii) the term `sex offender' means an individual required
to register under the Sex Offender Registration and
Notification Act (42 U.S.C. 16901 et seq.).''.
(2) Technical and conforming amendments.--Section 3486(a)
of title 18, United States Code, is amended--
(A) in paragraph (6)(A), by striking ``United
State'' and inserting ``United States'';
(B) in paragraph (9), by striking ``(1)(A)(ii)''
and inserting ``(1)(A)(iii)''; and
(C) in paragraph (10), by striking ``paragraph
(1)(A)(ii)'' and inserting ``paragraph (1)(A)(iii)''.
(b) Judicial Subpoenas.--Section 566(e)(1) of title 28, United
States Code, is amended--
(1) in subparagraph (A), by striking ``and'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) issue administrative subpoenas in accordance with
section 3486 of title 18, solely for the purpose of
investigating unregistered sex offenders (as defined in such
section 3486).''.
SEC. 5. INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR ICAC
TASK FORCES.
Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17612(b)(4)(B)) is amended by striking ``$2,000,000'' and
inserting ``$4,000,000''.
SEC. 6. NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND
INTERDICTION.
Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17611(d)(1)) is amended--
(1) by striking ``to be responsible'' and inserting the
following: ``with experience in investigating or prosecuting
child exploitation cases as the National Coordinator for Child
Exploitation Prevention and Interdiction who shall be
responsible''; and
(2) by adding at the end the following: ``The National
Coordinator for Child Exploitation Prevention and Interdiction
shall be a position in the Senior Executive Service.''.
SEC. 7. REAUTHORIZATION OF ICAC TASK FORCES.
Section 107(a) of the PROTECT Our Children Act of 2008 (42 U.S.C.
17617(a)) is amended--
(1) in paragraph (4), by striking ``and'';
(2) in paragraph (5), by striking the period at the end;
and
(3) by inserting after paragraph (5) the following:
``(6) $60,000,000 for fiscal year 2014;
``(7) $60,000,000 for fiscal year 2015;
``(8) $60,000,000 for fiscal year 2016;
``(9) $60,000,000 for fiscal year 2017; and
``(10) $60,000,000 for fiscal year 2018.''.
SEC. 8. CLARIFICATION OF ``HIGH-PRIORITY SUSPECT''.
Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42
U.S.C. 17615(e)(1)(B)(i)) is amended by striking ``the volume'' and all
that follows through ``or other''.
SEC. 9. REPORT TO CONGRESS.
Not later than 90 days after the date of enactment of this Act, the
Attorney General shall submit to the Committee on the Judiciary of the
House of Representatives and the Committee on the Judiciary of the
Senate a report on the status of the Attorney General's establishment
of the National Internet Crimes Against Children Data System required
to be established under section 105 of the PROTECT Our Children Act of
2008 (42 U.S.C. 17615). | Child Protection Act of 2012 - Amends the federal criminal code to impose a fine andor prison term of up to 20 years for transporting, receiving, distributing, selling, or possessing pornographic images of a child under the age of 12. Requires a US district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation. Directs the US Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes. Allows the Director of the US Marshals Service to issue an administrative subpoena for the investigation of unregistered sex offenders by the US Marshals Service. Amends the PROTECT Our Children Act of 2008 to: (1) double the amount that the Attorney General may award a non-law enforcement agency entity annually to establish and conduct training courses for National Internet Crimes Against Children Task Force Program task force members and other law enforcement officials, (2) require the Attorney General to designate a senior official at the Department of Justice (DOJ) with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction to be responsible for coordinating the development of the National Strategy for Child Exploitation Prevention and Interdiction, (3) authorize appropriations for carrying out such strategy for FY2014-FY2018, (4) delete a requirement that the National Internet Crimes Against Children Data System identify high-priority suspects based on the volume of suspected criminal activity, and (5) require the Attorney General to report within 90 days after enactment of this Act on the status of the establishment of such System. | A bill to amend title 18, United States Code, with respect to child pornography and child exploitation offenses. | 11,579 | 2,066 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Child Protection Act of 2012". <SECTION-HEADER> ENHANCED PENALTIES FOR POSSESSION OF CHILD PORNOGRAPHY. Certain Activities Relating to Material Involving the Sexual Exploitation of Minors. Section 2252(b)(2) of title 18, United States Code, is amended by inserting after "but if" the following: "any visual depiction involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if". Certain Activities Relating to Material Constituting or Containing Child Pornography. Section 2252A(b)(2) of title 18, United States Code, is amended by inserting after "but, if" the following: "any image of child pornography involved in the offense involved a prepubescent minor or a minor who had not attained 12 years of age, such person shall be fined under this title and imprisoned for not more than 20 years, or if". <SECTION-HEADER> PROTECTION OF CHILD WITNESSES. Civil Action To Restrain Harassment of a Victim or Witness. Section 1514 of title 18, United States Code, is amended in subsection (b) in paragraph (1) by inserting "or its own motion," after "attorney for the Government,". And by inserting "or investigation" after "Federal criminal case" each place it appears. By redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively. By inserting after paragraph (1) the following: In the case of a minor witness or victim, the court shall issue a protective order prohibiting harassment or intimidation of the minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in the Federal criminal case or investigation. Any hearing regarding a protective order under this paragraph shall be conducted in accordance with paragraphs (1) and (3), except that the court may issue an ex parte emergency protective order in advance of a hearing if exigent circumstances are present. If such an ex parte order is applied for or issued, the court shall hold a hearing not later than 14 days after the date such order was applied for or is issued.", in paragraph (4), as so redesignated, by striking "". And in paragraph (5), as so redesignated, in the second sentence, by inserting before the period at the end the following: ", except that in the case of a minor victim or witness, the court may order that such protective order expires on the later of 3 years after the date of issuance or the date of the eighteenth birthday of that minor victim or witness". And by striking subsection (c) and inserting the following: Whoever knowingly and intentionally violates or attempts to violate an order issued under this section shall be fined under this title, imprisoned not more than 5 years, or both. (1) As used in this section the term `course of conduct' means a series of acts over a period of time, however short, indicating a continuity of purpose. The term `harassment' means a serious act or course of conduct directed at a specific person that causes substantial emotional distress in such person, and serves no legitimate purpose. The term `immediate family member' has the meaning given that term in section 115 and includes grandchildren. The term `intimidation' means a serious act or course of conduct directed at a specific person that causes fear or apprehension in such person, and serves no legitimate purpose. The term `restricted personal information' has the meaning given that term in section 119. The term `serious act' means a single act of threatening, retaliatory, harassing, or violent conduct that is reasonably likely to influence the willingness of a victim or witness to testify or participate in a Federal criminal case or investigation. And the term `specific person' means a victim or witness in a Federal criminal case or investigation, and includes an immediate family member of such a victim or witness. For purposes of subparagraphs (B)(ii) and (D)(ii) of paragraph (1), a court shall presume, subject to rebuttal by the person, that the distribution or publication using the Internet of a photograph of, or restricted personal information regarding, a specific person serves no legitimate purpose, unless that use is authorized by that specific person, is for news reporting purposes, is designed to locate that specific person , or is part of a government-authorized effort to locate a fugitive or person of interest in a criminal, antiterrorism, or national security investigation.". Sentencing Guidelines. Pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements to ensure that the guidelines provide an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual if the defendant was convicted of a violation of section 1591 of title 18, United States Code, or chapters 109A, 109B, 110, or 117 of title 18, United States Code. And if the offense described in paragraph (1) involved causing or threatening to cause physical injury to a person under 18 years of age, in order to obstruct the administration of justice, an additional penalty increase above the sentence otherwise applicable in Part J of Chapter 2 of the Guidelines Manual. <SECTION-HEADER> SUBPOENAS TO FACILITATE THE ARREST OF FUGITIVE SEX OFFENDERS. Administrative Subpoenas. In general. Section 3486(a)(1) of title 18, United States Code, is amended in subparagraph (A) in clause (i), by striking "or" at the end, by redesignating clause (ii) as clause. And by inserting after clause (i) the following: an unregistered sex offender conducted by the United States Marshals Service, the Director of the United States Marshals Service, or". And in subparagraph (D) by striking "paragraph, the term" and inserting the following: "paragraph the term", by striking the period at the end and inserting ", and". And by adding at the end the following: the term `sex offender' means an individual required to register under the Sex Offender Registration and Notification Act .". Technical and conforming amendments. Section 3486(a) of title 18, United States Code, is amended in paragraph (6)(A), by striking "United State" and inserting "United States", in paragraph (9), by striking "(1)(A)(ii)" and inserting "(1)(A)(iii)". And in paragraph (10), by striking "paragraph (A)(ii)" and inserting "paragraph (1)(A)(iii)". Judicial Subpoenas. Section 566(e)(1) of title 28, United States Code, is amended in subparagraph (A), by striking "and" at the end. In subparagraph (B), by striking the period at the end and inserting ", and". And by adding at the end the following: issue administrative subpoenas in accordance with section 3486 of title 18, solely for the purpose of investigating unregistered sex offenders .". <SECTION-HEADER> INCREASE IN FUNDING LIMITATION FOR TRAINING COURSES FOR ICAC TASK FORCES. Section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (42 USC. 17612(b)(4)(B)) is amended by striking "$2,000,000" and inserting "$4,000,000". <SECTION-HEADER> NATIONAL COORDINATOR FOR CHILD EXPLOITATION PREVENTION AND INTERDICTION. Section 101(d)(1) of the PROTECT Our Children Act of 2008 (42 USC. 17611(d)(1)) is amended by striking "to be responsible" and inserting the following: "with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction who shall be responsible". And by adding at the end the following: "The National Coordinator for Child Exploitation Prevention and Interdiction shall be a position in the Senior Executive Service.". <SECTION-HEADER> REAUTHORIZATION OF ICAC TASK FORCES. Section 107(a) of the PROTECT Our Children Act of 2008 (42 USC. 17617(a)) is amended in paragraph (4), by striking "and", in paragraph (5), by striking the period at the end. And by inserting after paragraph (5) the following: $60,000,000 for fiscal year 2014, $60,000,000 for fiscal year 2015, $60,000,000 for fiscal year 2016, $60,000,000 for fiscal year 2017. And $60,000,000 for fiscal year 2018.". <SECTION-HEADER> CLARIFICATION OF "HIGH-PRIORITY SUSPECT". Section 105(e)(1)(B)(i) of the PROTECT Our Children Act of 2008 (42 USC. 17615(e)(1)(B)(i)) is amended by striking "the volume" and all that follows through "or other". <SECTION-HEADER> REPORT TO CONGRESS. Not later than 90 days after the date of enactment of this Act, the Attorney General shall submit to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate a report on the status of the Attorney General's establishment of the National Internet Crimes Against Children Data System required to be established under section 105 of the PROTECT Our Children Act of 2008 . | Child Protection Act of 2012 - Amends the federal criminal code to impose a fine andor prison term of up to 20 years for transporting, receiving, distributing, selling, or possessing pornographic images of a child under the age of 12. Requires a US district court to issue a protective order prohibiting harassment or intimidation of a minor victim or witness if the court finds evidence that the conduct at issue is reasonably likely to adversely affect the willingness of the minor witness or victim to testify or otherwise participate in a federal criminal case or investigation. Directs the US Sentencing Commission to review and amend the federal sentencing guidelines and policy statements to ensure that such guidelines provide an additional penalty for sex trafficking of children and other child abuse crimes. Allows the Director of the US Marshals Service to issue an administrative subpoena for the investigation of unregistered sex offenders by the US Marshals Service. Amends the PROTECT Our Children Act of 2008 to: (1) double the amount that the Attorney General may award a non-law enforcement agency entity annually to establish and conduct training courses for National Internet Crimes Against Children Task Force Program task force members and other law enforcement officials, (2) require the Attorney General to designate a senior official at the Department of Justice (DOJ) with experience in investigating or prosecuting child exploitation cases as the National Coordinator for Child Exploitation Prevention and Interdiction to be responsible for coordinating the development of the National Strategy for Child Exploitation Prevention and Interdiction, (3) authorize appropriations for carrying out such strategy for FY2014-FY2018, (4) delete a requirement that the National Internet Crimes Against Children Data System identify high-priority suspects based on the volume of suspected criminal activity, and (5) require the Attorney General to report within 90 days after enactment of this Act on the status of the establishment of such System. | A bill to amend title 18, United States Code, with respect to child pornography and child exploitation offenses. |
107_s1522 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Second Chance Homes Promotion Act of
2001''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States has the highest rates of teenage
pregnancy and births in the western industrialized world.
(2) Teenage pregnancy costs the United States at least
$7,000,000,000 annually. Four in 10 young women become pregnant
at least once before they reach the age of 20, for a total of
nearly 1,000,000 teenage pregnancies a year. Eight in 10 of
these pregnancies are unintended, and 79 percent are to
unmarried teens.
(3) Teenage mothers are less likely than other teens to
complete high school. Only \1/3\ of teenage mothers receive a
high school diploma. Teenage mothers are also more likely than
other individuals to become dependent on welfare, with nearly
80 percent of unmarried teenage mothers ending up on welfare.
(4) The children of teenage mothers have lower birth
weights, are more likely to perform poorly in school, and are
at greater risk of abuse and neglect than are other children.
The sons of teenage mothers are 13 percent more likely than
other males to end up in prison, while daughters of teenage
mothers are 22 percent more likely than other females to become
teenage mothers themselves.
(5) In the amendments made by the 1996 welfare reform
legislation, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Congress endorsed the concept of
``second chance homes'' as an alternative for minor teenage
parents required by the law to live at home or under adult
supervision. The law required States to ``provide, or assist
the individual in locating, a second chance home, maternity
home, or other appropriate adult-supervised supportive living
arrangement''. According to a 1999 report by the Center for Law
and Social Policy, 18 States had no policy for helping families
with teenage parents find shelter. A 1998 survey by the Center
on Law and Social Policy found that in the 9 States that keep
data on minors ineligible for welfare, 1,300 teens were denied
assistance under State temporary assistance for needy families
programs because of their living situations.
(6) Second chance homes offer the 3 elements that teenage
welfare mothers need to change their lives--
(A) socialization;
(B) nurturing and support; and
(C) structure and discipline.
(7) These homes have produced the following notable and
promising results:
(A) Few second pregnancies.
(B) Slightly higher adoption rates.
(C) Less child abuse.
(D) Better maternal and child health.
(E) Dramatically increased school completion rates
for mothers.
(F) Higher employment rates.
(G) Reduced welfare dependency.
SEC. 3. SECOND CHANCE HOME PROGRAM AUTHORIZATION.
(a) In General.--The Secretary of Health and Human Services
(referred to in this Act as the ``Secretary'') is authorized to award
grants to eligible entities to enable such eligible entities to carry
out the activities described in section 6.
(b) Process.--The Secretary shall award grants under this Act on a
competitive basis, after reviewing all applications submitted under
section 5.
SEC. 4. ELIGIBLE ENTITIES.
(a) In General.--To be eligible to receive a grant under this Act,
an entity shall be--
(1) a State;
(2) a unit of local government;
(3) an Indian tribe; or
(4) a public or private nonprofit agency, organization, or
institution, or other nonprofit entity, including a nonprofit
urban Indian organization or an Indian group or community that
is not an Indian tribe.
(b) Definitions.--In this section--
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(2) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
SEC. 5. APPLICATION.
(a) In General.--An eligible entity that desires a grant under this
Act shall submit an application to the Secretary at such time, in such
manner, and containing such information as the Secretary shall
reasonably require.
(b) Priority.--In awarding grants under this Act, the Secretary
shall give priority to an eligible entity that submits an application--
(1) proposing to establish a new second chance home,
especially in a rural area or tribal community;
(2) proposing to collaborate with a non-profit entity in
establishing, expanding, or enhancing a second chance home; or
(3) demonstrating that the eligible entity will use funds
under a State temporary assistance for needy families program
under part A of title IV of the Social Security Act (42 U.S.C.
601 et seq.) to support a portion of the operating costs of the
applicable second chance home.
SEC. 6. USE OF FUNDS.
(a) In General.--An eligible entity that receives a grant under
this Act shall use such grant funds to establish, expand, or enhance a
second chance home.
(b) Second Chance Home.--In this Act, the term ``second chance
home'' means a community-based, adult-supervised group home that
provides young mothers and their children with a supportive and
supervised living arrangement in which such mothers are required to
learn parenting skills, including child development, family budgeting,
health and nutrition, and other skills to promote their long-term
economic independence and the well-being of their children.
(c) Requirement.--A second chance home that receives grant funds
under this Act shall provide services to mothers who are not more than
23 years of age and their children.
SEC. 7. MATCHING FUNDS.
The Secretary shall not award a grant to an eligible entity under
this Act unless the eligible entity agrees that, with respect to the
costs to be incurred in carrying out the activities for which the grant
was awarded, the eligible entity will make available non-Federal
contributions in an amount equal to not less than 20 percent of the
Federal funds provided under the grant. Such contributions may be
provided in cash or in kind, fairly valued, including plant, equipment,
or services.
SEC. 8. DURATION.
Grants under this Act shall be awarded for a period of 5 years.
SEC. 9. CONTRACT FOR EVALUATION.
(a) In General.--The Secretary shall enter into a contract with a
public or private entity for the evaluation of the second chance homes
that are supported by grant funds under this Act.
(b) Information.--The evaluation shall include the collection of
information about the relevant characteristics of individuals who
benefit from second chance homes such as those that are supported by
grant funds under this Act and what services provided by such second
chance homes are most beneficial to such individuals.
(c) Report.--
(1) In general.--The entity conducting the evaluation under
this section shall submit to Congress an interim report and a
final report in accordance with paragraph (2) containing the
results of the evaluation.
(2) Date.--
(A) Interim report.--The interim report shall be
submitted not later than 2 years after the date on
which the entity enters into a contract.
(B) Final report.--The final report shall be
submitted not later than 5 years after the date on
which the entity enters into a contract.
SEC. 10. TECHNICAL ASSISTANCE.
(a) In General.--From amounts appropriated under section 11(a), the
Secretary may use an amount not to exceed $500,000 to enter into a
contract, with a public or private entity, for the provision of
technical assistance to eligible entities receiving grant funds under
this Act.
(b) Conferences.--The technical assistance provided under this
section may include conferences for the purpose of disseminating
information concerning best practices for second chance homes.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to carry
out this Act, other than section 9, $45,000,000 for fiscal year 2002.
(b) Evaluation.--There is authorized to be appropriated to carry
out section 9, $1,000,000 for fiscal year 2002.
(c) Availability.--Any amounts authorized under the authority of
subsections (a) and (b) shall remain available until expended. | Second Chance Homes Promotion Act of 2001 Authorizes the Secretary of Health and Human Services to award grants on a competitive and matching-funds basis to enable eligible entities to establish, expand, or enhance a community-based, adult-supervised group home that provides mothers age 23 or under and their children with a supportive and supervised living arrangement in which such mothers are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children. | A bill to support community-based group homes for young mothers and their children. | 9,340 | 605 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Second Chance Homes Promotion Act of 2001". <SECTION-HEADER> FINDINGS. Congress makes the following findings: The United States has the highest rates of teenage pregnancy and births in the western industrialized world. Teenage pregnancy costs the United States at least $7,000,000,000 annually. Four in 10 young women become pregnant at least once before they reach the age of 20, for a total of nearly 1,000,000 teenage pregnancies a year. Eight in 10 of these pregnancies are unintended, and 79 percent are to unmarried teens. Teenage mothers are less likely than other teens to complete high school. Only 13 of teenage mothers receive a high school diploma. Teenage mothers are also more likely than other individuals to become dependent on welfare, with nearly 80 percent of unmarried teenage mothers ending up on welfare. The children of teenage mothers have lower birth weights, are more likely to perform poorly in school, and are at greater risk of abuse and neglect than are other children. The sons of teenage mothers are 13 percent more likely than other males to end up in prison, while daughters of teenage mothers are 22 percent more likely than other females to become teenage mothers themselves. In the amendments made by the 1996 welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Congress endorsed the concept of "second chance homes" as an alternative for minor teenage parents required by the law to live at home or under adult supervision. The law required States to "provide, or assist the individual in locating, a second chance home, maternity home, or other appropriate adult-supervised supportive living arrangement". According to a 1999 report by the Center for Law and Social Policy, 18 States had no policy for helping families with teenage parents find shelter. A 1998 survey by the Center on Law and Social Policy found that in the 9 States that keep data on minors ineligible for welfare, 1,300 teens were denied assistance under State temporary assistance for needy families programs because of their living situations. Second chance homes offer the 3 elements that teenage welfare mothers need to change their lives socialization, nurturing and support. And structure and discipline. These homes have produced the following notable and promising results: Few second pregnancies. Slightly higher adoption rates. Less child abuse. Better maternal and child health. Dramatically increased school completion rates for mothers. Higher employment rates. Reduced welfare dependency. <SECTION-HEADER> SECOND CHANCE HOME PROGRAM AUTHORIZATION. In General. The Secretary of Health and Human Services is authorized to award grants to eligible entities to enable such eligible entities to carry out the activities described in section 6. Process. The Secretary shall award grants under this Act on a competitive basis, after reviewing all applications submitted under section 5. <SECTION-HEADER> ELIGIBLE ENTITIES. In General. To be eligible to receive a grant under this Act, an entity shall be a State, a unit of local government, an Indian tribe. Or a public or private nonprofit agency, organization, or institution, or other nonprofit entity, including a nonprofit urban Indian organization or an Indian group or community that is not an Indian tribe. Definitions. In this section Indian tribe. The term "Indian tribe" has the meaning given such term in section 4 of the Indian Self- Determination and Education Assistance Act . State. The term "State" means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. <SECTION-HEADER> APPLICATION. In General. An eligible entity that desires a grant under this Act shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require. Priority. In awarding grants under this Act, the Secretary shall give priority to an eligible entity that submits an application proposing to establish a new second chance home, especially in a rural area or tribal community. Proposing to collaborate with a non-profit entity in establishing, expanding, or enhancing a second chance home. Or demonstrating that the eligible entity will use funds under a State temporary assistance for needy families program under part A of title IV of the Social Security Act to support a portion of the operating costs of the applicable second chance home. <SECTION-HEADER> USE OF FUNDS. In General. An eligible entity that receives a grant under this Act shall use such grant funds to establish, expand, or enhance a second chance home. Second Chance Home. In this Act, the term "second chance home" means a community-based, adult-supervised group home that provides young mothers and their children with a supportive and supervised living arrangement in which such mothers are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children. Requirement. A second chance home that receives grant funds under this Act shall provide services to mothers who are not more than 23 years of age and their children. <SECTION-HEADER> MATCHING FUNDS. The Secretary shall not award a grant to an eligible entity under this Act unless the eligible entity agrees that, with respect to the costs to be incurred in carrying out the activities for which the grant was awarded, the eligible entity will make available non-Federal contributions in an amount equal to not less than 20 percent of the Federal funds provided under the grant. Such contributions may be provided in cash or in kind, fairly valued, including plant, equipment, or services. <SECTION-HEADER> DURATION. Grants under this Act shall be awarded for a period of 5 years. <SECTION-HEADER> CONTRACT FOR EVALUATION. In General. The Secretary shall enter into a contract with a public or private entity for the evaluation of the second chance homes that are supported by grant funds under this Act. Information. The evaluation shall include the collection of information about the relevant characteristics of individuals who benefit from second chance homes such as those that are supported by grant funds under this Act and what services provided by such second chance homes are most beneficial to such individuals. Report. In general. The entity conducting the evaluation under this section shall submit to Congress an interim report and a final report in accordance with paragraph (2) containing the results of the evaluation. Date. Interim report. The interim report shall be submitted not later than 2 years after the date on which the entity enters into a contract. Final report. The final report shall be submitted not later than 5 years after the date on which the entity enters into a contract. <SECTION-HEADER> TECHNICAL ASSISTANCE. In General. From amounts appropriated under section 11(a), the Secretary may use an amount not to exceed $500,000 to enter into a contract, with a public or private entity, for the provision of technical assistance to eligible entities receiving grant funds under this Act. Conferences. The technical assistance provided under this section may include conferences for the purpose of disseminating information concerning best practices for second chance homes. <SECTION-HEADER> AUTHORIZATION OF APPROPRIATIONS. In General. There is authorized to be appropriated to carry out this Act, other than section 9, $45,000,000 for fiscal year 2002. Evaluation. There is authorized to be appropriated to carry out section 9, $1,000,000 for fiscal year 2002. Availability. Any amounts authorized under the authority of subsections (a) and (b) shall remain available until expended. | Second Chance Homes Promotion Act of 2001 Authorizes the Secretary of Health and Human Services to award grants on a competitive and matching-funds basis to enable eligible entities to establish, expand, or enhance a community-based, adult-supervised group home that provides mothers age 23 or under and their children with a supportive and supervised living arrangement in which such mothers are required to learn parenting skills, including child development, family budgeting, health and nutrition, and other skills to promote their long-term economic independence and the well-being of their children. | A bill to support community-based group homes for young mothers and their children. |
108_hr2591 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Small Business Protection Act of
2003''.
SEC. 2. FINDINGS.
Congress hereby finds that--
(1) small businesses represent more than 99 percent of all
employers,
(2) the majority of private sector employees work for small
businesses,
(3) more than half of all high-tech workers work for small
businesses,
(4) small businesses are responsible for the majority of
net job creation in the United States,
(5) more than 12 million small businesses are owned by
women or minorities,
(6) small businesses face unique challenges in accessing
capital markets,
(7) small businesses are exposed to more market volatility
than larger employers,
(8) small businesses are hurt disproportionately by costs
imposed by government regulations, and
(9) small businesses are in need of reforms to the tax code
that reflect these unique challenges.
SEC. 3. PURPOSES.
The purposes of this Act are--
(1) to provide employees salaries and benefits, and to help
ensure solvency of small businesses during times of recession,
(2) to encourage the formation, growth, and survival of
small businesses,
(3) to encourage opportunities for charitable giving by
small businesses, and
(4) to enable small businesses to stimulate the national
economy through increased employment and capital generation.
SEC. 4. SMALL BUSINESS PROTECTION ACCOUNTS.
(a) In General.--Subpart C of part II of subchapter E of chapter 1
of the Internal Revenue Code of 1986 (relating to taxable year for
which deductions taken) is amended by inserting after section 468B the
following:
``SEC. 468C. SMALL BUSINESS PROTECTION ACCOUNTS.
``(a) Deduction Allowed.--In the case of an individual engaged in
an eligible small business, there shall be allowed as a deduction for
any taxable year the amount paid in cash by the taxpayer during the
taxable year to a Small Business Protection Account.
``(b) Limitation.--
``(1) In general.--The amount which a taxpayer may pay into
a Small Business Protection Account for any taxable year shall
not exceed 50 percent of so much of the net profit of the
taxpayer (determined without regard to this section) which is
attributable (determined in the manner applicable under section
1301) to any trade or business.
``(2) Carryover of excess limitation.--If the limitation
under paragraph (1) for any taxable year exceeds the amount
paid by the taxpayer to the taxpayer's Small Business
Protection Account for such year, the limitation under
paragraph (1) for the following taxable year (determined
without regard to this paragraph) shall be increased by such
excess.
``(c) Eligible Small Business.--For purposes of this section, the
term `eligible small business' means any trade or business if--
``(1) such trade or business (or any predecessor thereof)
meets the gross receipts test of section 448(c) for all prior
taxable years,
``(2) such trade or business is not a passive activity
(within the meaning of section 469(c)) of the taxpayer,
``(3) such trade or business is not a farming business (as
defined in section 263A(e)(4)), and
``(4) such trade or business has never been determined by
the United States Equal Employment Opportunity Commission to
have engaged in job discrimination.
``(d) Small Business Protection Account.--For purposes of this
section--
``(1) In general.--The term `Small Business Protection
Account' means a trust created or organized in the United
States for the exclusive benefit of the taxpayer, but only if
the written governing instrument creating the trust meets the
following requirements:
``(A) No contribution will be accepted for any
taxable year in excess of the amount allowed as a
deduction under subsection (a) for such year.
``(B) The trustee is a bank (as defined in section
408(n)) or another person who demonstrates to the
satisfaction of the Secretary that the manner in which
such person will administer the trust will be
consistent with the requirements of this section.
``(C) The assets of the trust consist entirely of
cash or of obligations which have adequate stated
interest (as defined in section 1274(c)(2)) and which
pay such interest not less often than annually.
``(D) All income of the trust is distributed
currently to the grantor.
``(E) The assets of the trust will not be
commingled with other property except in a common trust
fund or common investment fund.
``(2) Account taxed as grantor trust.--The grantor of a
Small Business Protection Account shall be treated for purposes
of this title as the owner of such Account and shall be subject
to tax thereon in accordance with subpart E of part I of
subchapter J of this chapter (relating to grantors and others
treated as substantial owners).
``(e) Inclusion of Amounts Distributed.--
``(1) In general.--Except as provided in paragraph (2),
there shall be includible in the gross income of the taxpayer
for any taxable year--
``(A) any amount distributed from a Small Business
Protection Account of the taxpayer during such taxable
year, and
``(B) any deemed distribution under--
``(i) subsection (f)(1) (relating to
deposits not distributed within 5 years),
``(ii) subsection (f)(2) (relating to
cessation in eligible small business), and
``(iii) subparagraph (A) or (B) of
subsection (f)(3) (relating to prohibited
transactions and pledging account as security).
``(2) Exceptions.--Paragraph (1)(A) shall not apply to--
``(A) any distribution to the extent attributable
to income of the Account, and
``(B) the distribution of any contribution paid
during a taxable year to a Small Business Protection
Account to the extent that such contribution exceeds
the limitation applicable under subsection (b) if
requirements similar to the requirements of section
408(d)(4) are met.
For purposes of subparagraph (A), distributions shall be
treated as first attributable to income and then to other
amounts.
``(f) Special Rules.--
``(1) Tax on deposits in account which are not distributed
within 5 years.--
``(A) In general.--If, at the close of any taxable
year, there is a nonqualified balance in any Small
Business Protection Account--
``(i) there shall be deemed distributed
from such Account during such taxable year an
amount equal to such balance, and
``(ii) the taxpayer's tax imposed by this
chapter for such taxable year shall be
increased by 10 percent of such deemed
distribution.
The preceding sentence shall not apply if an amount
equal to such nonqualified balance is distributed from
such Account to the taxpayer before the due date
(including extensions) for filing the return of tax
imposed by this chapter for such year (or, if earlier,
the date the taxpayer files such return for such year).
``(B) Nonqualified balance.--For purposes of
subparagraph (A), the term `nonqualified balance' means
any balance in the Account on the last day of the
taxable year which is attributable to amounts deposited
in such Account before the 4th preceding taxable year.
``(C) Ordering rule.--For purposes of this
paragraph, distributions from a Small Business
Protection Account (other than distributions of current
income) shall be treated as made from deposits in the
order in which such deposits were made, beginning with
the earliest deposits.
``(2) Cessation in eligible business.--At the close of the
first disqualification period after a period for which the
taxpayer was engaged in an eligible small business, there shall
be deemed distributed from the Small Business Protection
Account of the taxpayer an amount equal to the balance in such
Account (if any) at the close of such disqualification period.
For purposes of the preceding sentence, the term
`disqualification period' means any period of 2 consecutive
taxable years for which the taxpayer is not engaged in an
eligible small business.
``(3) Certain rules to apply.--Rules similar to the
following rules shall apply for purposes of this section:
``(A) Section 220(f)(8) (relating to treatment on
death).
``(B) Section 408(e)(2) (relating to loss of
exemption of account where individual engages in
prohibited transaction).
``(C) Section 408(e)(4) (relating to effect of
pledging account as security).
``(D) Section 408(g) (relating to community
property laws).
``(E) Section 408(h) (relating to custodial
accounts).
``(4) Time when payments deemed made.--For purposes of this
section, a taxpayer shall be deemed to have made a payment to a
Small Business Protection Account on the last day of a taxable
year if such payment is made on account of such taxable year
and is made on or before the due date (without regard to
extensions) for filing the return of tax for such taxable year.
``(5) Individual.--For purposes of this section, the term
`individual' shall not include an estate or trust.
``(6) Deduction not allowed for self-employment tax.--The
deduction allowable by reason of subsection (a) shall not be
taken into account in determining an individual's net earnings
from self-employment (within the meaning of section 1402(a))
for purposes of chapter 2.
``(g) Reports.--The trustee of a Small Business Protection Account
shall make such reports regarding such Account to the Secretary and to
the person for whose benefit the Account is maintained with respect to
contributions, distributions, and such other matters as the Secretary
may require under regulations. The reports required by this subsection
shall be filed at such time and in such manner and furnished to such
persons at such time and in such manner as may be required by such
regulations.''.
(b) Tax on Excess Contributions.--
(1) Subsection (a) of section 4973 of such Code (relating
to tax on excess contributions to certain tax-favored accounts
and annuities) is amended by striking ``or'' at the end of
paragraph (3), by redesignating paragraph (4) as paragraph (5),
and by inserting after paragraph (3) the following:
``(4) a Small Business Protection Account (within the
meaning of section 468C(d)), or''.
(2) Section 4973 of such Code is amended by adding at the
end the following:
``(g) Excess Contributions to Small Business Protection Account.--
For purposes of this section, in the case of a Small Business
Protection Account (within the meaning of section 468C(d)), the term
`excess contributions' means the amount by which the amount contributed
for the taxable year to the Account exceeds the amount which may be
contributed to the Account under section 468C(b) for such taxable year.
For purposes of this subsection, any contribution which is distributed
out of the Small Business Protection Account in a distribution to which
section 468C(e)(2)(B) applies shall be treated as an amount not
contributed.''.
(3) The section heading for section 4973 of such Code is
amended to read as follows:
``SEC. 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES,
ETC.''.
(4) The table of sections for chapter 43 of such Code is
amended by striking the item relating to section 4973 and
inserting the following:
``Sec. 4973. Excess contributions to
certain accounts, annuities,
etc.''.
(c) Tax on Prohibited Transactions.--
(1) Subsection (c) of section 4975 of such Code (relating
to tax on prohibited transactions) is amended by adding at the
end the following:
``(6) Special rule for Small Business Protection Account.--
A person for whose benefit a Small Business Protection Account
(within the meaning of section 468C(d)) is established shall be
exempt from the tax imposed by this section with respect to any
transaction concerning such account (which would otherwise be
taxable under this section) if, with respect to such
transaction, the account ceases to be a Small Business
Protection Account by reason of the application of section
468C(f)(3)(A) to such account.''.
(2) Paragraph (1) of section 4975(e) of such Code is
amended by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively, and by inserting after
subparagraph (D) the following:
``(E) a Small Business Protection Account described
in section 468C(d),''.
(d) Failure To Provide Reports on Small Business Protection
Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to
failure to provide reports on certain tax-favored accounts or
annuities) is amended by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively, and by inserting after
subparagraph (B) the following:
``(C) section 468C(g) (relating to Small Business
Protection Accounts),''.
(e) Clerical Amendment.--The table of sections for subpart C of
part II of subchapter E of chapter 1 of such Code is amended by
inserting after the item relating to section 468B the following:
``Sec. 468C. Small Business Protection
Accounts.''.
(f) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after the date of the enactment of
this Act.
(g) Report.--Not later than 1 year after the date of the enactment
of this Act, the Administrator of the Small Business Administration
shall submit a report on the implementation and effectiveness of
section 468C of the Internal Revenue Code of 1986 (as added by this
section), with emphasis on the impact of Small Business Protection
Accounts in enterprise and similar zones, to the Committee on Small
Business of the House of Representatives and the Committee on Small
Business and Entrepreneurship of the Senate.
SEC. 5. ADMINISTRATIVE AUTHORITY.
The Administrator of the Small Business Administration shall
designate the Small Business Development Center Program as the lead
agency for assisting small businesses in establishing and operating
Small Business Protection Accounts. The Internal Revenue Service shall
provide such assistance to the Small Business Administration as
necessary for the purposes of this section. | Small Business Protection Act of 2003 - Amends the Internal Revenue Code to allow a deduction, of up to 50 percent of net profit, for contributions to a Small Business Protection Account. | To amend the Internal Revenue Code of 1986 to provide for Small Business Protection Accounts, and for other purposes. | 16,764 | 187 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Small Business Protection Act of 2003". <SECTION-HEADER> FINDINGS. Congress hereby finds that small businesses represent more than 99 percent of all employers, the majority of private sector employees work for small businesses, more than half of all high-tech workers work for small businesses, small businesses are responsible for the majority of net job creation in the United States, more than 12 million small businesses are owned by women or minorities, small businesses face unique challenges in accessing capital markets, small businesses are exposed to more market volatility than larger employers, small businesses are hurt disproportionately by costs imposed by government regulations, and small businesses are in need of reforms to the tax code that reflect these unique challenges. <SECTION-HEADER> PURPOSES. The purposes of this Act are to provide employees salaries and benefits, and to help ensure solvency of small businesses during times of recession, to encourage the formation, growth, and survival of small businesses, to encourage opportunities for charitable giving by small businesses, and to enable small businesses to stimulate the national economy through increased employment and capital generation. <SECTION-HEADER> SMALL BUSINESS PROTECTION ACCOUNTS. In General. Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following: "Section 468C. SMALL BUSINESS PROTECTION ACCOUNTS. Deduction Allowed. In the case of an individual engaged in an eligible small business, there shall be allowed as a deduction for any taxable year the amount paid in cash by the taxpayer during the taxable year to a Small Business Protection Account. Limitation. In general. The amount which a taxpayer may pay into a Small Business Protection Account for any taxable year shall not exceed 50 percent of so much of the net profit of the taxpayer which is attributable to any trade or business. Carryover of excess limitation. If the limitation under paragraph (1) for any taxable year exceeds the amount paid by the taxpayer to the taxpayer's Small Business Protection Account for such year, the limitation under paragraph (1) for the following taxable year shall be increased by such excess. Eligible Small Business. For purposes of this section, the term `eligible small business' means any trade or business if such trade or business meets the gross receipts test of section 448(c) for all prior taxable years, such trade or business is not a passive activity (within the meaning of section 469(c)) of the taxpayer, such trade or business is not a farming business (as defined in section 263A(e)(4)), and such trade or business has never been determined by the United States Equal Employment Opportunity Commission to have engaged in job discrimination. Small Business Protection Account. For purposes of this section In general. The term `Small Business Protection Account' means a trust created or organized in the United States for the exclusive benefit of the taxpayer, but only if the written governing instrument creating the trust meets the following requirements: No contribution will be accepted for any taxable year in excess of the amount allowed as a deduction under subsection (a) for such year. The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which such person will administer the trust will be consistent with the requirements of this section. The assets of the trust consist entirely of cash or of obligations which have adequate stated interest (as defined in section 1274(c)(2)) and which pay such interest not less often than annually. All income of the trust is distributed currently to the grantor. The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. Account taxed as grantor trust. The grantor of a Small Business Protection Account shall be treated for purposes of this title as the owner of such Account and shall be subject to tax thereon in accordance with subpart E of part I of subchapter J of this chapter . Inclusion of Amounts Distributed. In general. Except as provided in paragraph (2), there shall be includible in the gross income of the taxpayer for any taxable year any amount distributed from a Small Business Protection Account of the taxpayer during such taxable year, and any deemed distribution under subsection (f)(1) , subsection (f)(2) , and subparagraph (A) or (B) of subsection (f)(3) . Exceptions. Paragraph (1)(A) shall not apply to any distribution to the extent attributable to income of the Account, and the distribution of any contribution paid during a taxable year to a Small Business Protection Account to the extent that such contribution exceeds the limitation applicable under subsection (b) if requirements similar to the requirements of section 408(d)(4) are met. For purposes of subparagraph (A), distributions shall be treated as first attributable to income and then to other amounts. Special Rules. Tax on deposits in account which are not distributed within 5 years. In general. If, at the close of any taxable year, there is a nonqualified balance in any Small Business Protection Account there shall be deemed distributed from such Account during such taxable year an amount equal to such balance, and the taxpayer's tax imposed by this chapter for such taxable year shall be increased by 10 percent of such deemed distribution. The preceding sentence shall not apply if an amount equal to such nonqualified balance is distributed from such Account to the taxpayer before the due date for filing the return of tax imposed by this chapter for such year . Nonqualified balance. For purposes of subparagraph (A), the term `nonqualified balance' means any balance in the Account on the last day of the taxable year which is attributable to amounts deposited in such Account before the 4th preceding taxable year. Ordering rule. For purposes of this paragraph, distributions from a Small Business Protection Account shall be treated as made from deposits in the order in which such deposits were made, beginning with the earliest deposits. Cessation in eligible business. At the close of the first disqualification period after a period for which the taxpayer was engaged in an eligible small business, there shall be deemed distributed from the Small Business Protection Account of the taxpayer an amount equal to the balance in such Account at the close of such disqualification period. For purposes of the preceding sentence, the term `disqualification period' means any period of 2 consecutive taxable years for which the taxpayer is not engaged in an eligible small business. Certain rules to apply. Rules similar to the following rules shall apply for purposes of this section: Section 220(f)(8) . Section 408(e)(2) . Section 408(e)(4) . Section 408(g) . Section 408(h) . Time when payments deemed made. For purposes of this section, a taxpayer shall be deemed to have made a payment to a Small Business Protection Account on the last day of a taxable year if such payment is made on account of such taxable year and is made on or before the due date for filing the return of tax for such taxable year. Individual. For purposes of this section, the term `individual' shall not include an estate or trust. Deduction not allowed for self-employment tax. The deduction allowable by reason of subsection (a) shall not be taken into account in determining an individual's net earnings from self-employment (within the meaning of section 1402(a)) for purposes of chapter 2. Reports. The trustee of a Small Business Protection Account shall make such reports regarding such Account to the Secretary and to the person for whose benefit the Account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such persons at such time and in such manner as may be required by such regulations.". Tax on Excess Contributions. Subsection (a) of section 4973 of such Code is amended by striking "or" at the end of paragraph (3), by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following: a Small Business Protection Account (within the meaning of section 468C(d)), or". Section 4973 of such Code is amended by adding at the end the following: Excess Contributions to Small Business Protection Account. For purposes of this section, in the case of a Small Business Protection Account (within the meaning of section 468C(d)), the term `excess contributions' means the amount by which the amount contributed for the taxable year to the Account exceeds the amount which may be contributed to the Account under section 468C(b) for such taxable year. For purposes of this subsection, any contribution which is distributed out of the Small Business Protection Account in a distribution to which section 468C(e)(2)(B) applies shall be treated as an amount not contributed.". The section heading for section 4973 of such Code is amended to read as follows: "Section 4973. EXCESS CONTRIBUTIONS TO CERTAIN ACCOUNTS, ANNUITIES, ETC.". The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following: "Section 4973. Excess contributions to certain accounts, annuities, etc.". Tax on Prohibited Transactions. Subsection (c) of section 4975 of such Code is amended by adding at the end the following: Special rule for Small Business Protection Account. A person for whose benefit a Small Business Protection Account (within the meaning of section 468C(d)) is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account if, with respect to such transaction, the account ceases to be a Small Business Protection Account by reason of the application of section 468C(f)(3)(A) to such account.". Paragraph (1) of section 4975(e) of such Code is amended by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, and by inserting after subparagraph (D) the following: a Small Business Protection Account described in section 468C(d),". Failure To Provide Reports on Small Business Protection Accounts. Paragraph (2) of section 6693(a) of such Code is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following: section 468C(g) ,". Clerical Amendment. The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following: "Section 468C. Small Business Protection Accounts.". Effective Date. The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. Report. Not later than 1 year after the date of the enactment of this Act, the Administrator of the Small Business Administration shall submit a report on the implementation and effectiveness of section 468C of the Internal Revenue Code of 1986 , with emphasis on the impact of Small Business Protection Accounts in enterprise and similar zones, to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate. <SECTION-HEADER> ADMINISTRATIVE AUTHORITY. The Administrator of the Small Business Administration shall designate the Small Business Development Center Program as the lead agency for assisting small businesses in establishing and operating Small Business Protection Accounts. The Internal Revenue Service shall provide such assistance to the Small Business Administration as necessary for the purposes of this section. | Small Business Protection Act of 2003 - Amends the Internal Revenue Code to allow a deduction, of up to 50 percent of net profit, for contributions to a Small Business Protection Account. | To amend the Internal Revenue Code of 1986 to provide for Small Business Protection Accounts, and for other purposes. |
111_hr2342 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Wounded Warrior Project Family
Caregiver Act of 2009''.
SEC. 2. FAMILY CAREGIVER PROGRAM.
(a) Program.--Section 1717 of title 38, United States Code, is
amended--
(1) by redesignating subsections (b) and (c), as (c) and
(d), respectively; and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b)(1)(A) As part of home health services provided for under this
section, the Secretary, upon the joint request of a veteran described
in subparagraph (C) and a family member of such veteran (or other
individual designated by the veteran), shall furnish to an individual
described in subparagraph (B), advanced instruction and training and
certification as a family caregiver.
``(B) An individual described in this subparagraph is a family
member of a veteran described in subparagraph (C) (or other individual
designated by such a veteran) who elects (in accordance with the
agreement of the veteran) to provide personal care services to the
veteran.
``(C) A veteran described in this paragraph is a veteran who--
``(i) incurred serious wounds (including traumatic brain
injury and psychological trauma or other mental disorder) on
active duty during, or in training for, Operation Enduring
Freedom or Operation Iraqi Freedom; and
``(ii) is determined by the Secretary to need personal care
services because of--
``(I) an inability to perform one or more
activities of daily living;
``(II) a need for supervision or protection based
on symptoms or residuals of neurological or other
impairment or injury; or
``(III) such other criteria as the Secretary shall
establish.
``(D) In the case of a veteran who lacks the capacity to make
decisions necessary under this subsection, the Secretary shall
establish procedures for a surrogate for the veteran to act on behalf
of the veteran for purposes of this subsection.
``(2) The Secretary shall furnish to a family caregiver, under
criteria established by the Secretary, appropriate support services
including--
``(A) direct technical support, information, and assistance
to timely address routine, emergency, and specialized
caregiving needs;
``(B) counseling and mental health services;
``(C) establishment and maintenance of a comprehensive
interactive caregiver website addressing all aspects of the
program;
``(D) respite care of not less than 30 days annually;
``(E) medical care under section 1781 of this title; and
``(F) a monthly family caregiver allowance.
``(3) In providing respite care referred to in paragraph
(3)(A)(iv), the Secretary shall provide such care through--
``(A) facilities of the Department that are appropriate to
the needs of the veteran;
``(B) contracts under section 1720B of this title; or
``(C) in the case of a veteran for whom, in the judgment of
the individual certified as the veteran's family caregiver, the
needs of the veteran cannot be accommodated through care
provided under subparagraph (A) or (B), through other
facilities or arrangements selected in consultation with the
veteran's family caregiver.
``(4) In providing for a monthly family caregiver allowance to a
family caregiver under paragraph (3)(A)(vi), the Secretary shall
establish a schedule of allowances under which the Secretary shall seek
to ensure, to the extent practicable, that the amount of the monthly
allowance is not less than--
``(A) the amount that the Secretary determines the
Secretary would have paid to a commercial home health care
agency to provide necessary personal care services for such
veteran, if the veteran did not have a family caregiver to
provide such services; or
``(B) if the Secretary does not have enough information to
make the determination under subparagraph (A), the amount of
the cost of such care at a location other than a commercial
home health care agency, selected by the Secretary for such
purpose, where such care is available, adjusted to reflect the
pertinent local cost-of-living.''.
(b) Provision of Health Care to Personal Care Assistants.--Section
1781(a) of such title is amended--
(1) by redesignating paragraphs (2) and (3) as (3) and (4),
respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) a family caregiver;''.
(c) Definitions.--Section 1701 of title 38, United States Code, is
amended by adding at the end the following new paragraphs:
``(10) The term `family caregiver' means an individual
who--
``(A) is a member of the family (including parents,
spouses, children, siblings, stepfamily members, and
extended family members) of a disabled veteran;
``(B) provides personal care services to such
veteran for such disability; and
``(C) is certified as a family caregiver--
``(i) pursuant to the family caregiver
instruction, training, and certification
furnished by the Secretary under section
1717(b) of this title; or
``(ii) pursuant to such other
qualifications as the Secretary may approve.
``(11) The term `personal care services' means
noninstitutional extended care, including homemaker and home
health aid services.''.
(d) Deadline for Implementation.--Not later than 9 months after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall implement subsection (b) of section 1717 of title 38, United
States Code, as added by subsection (a), and paragraph (2) of section
1781(a), as added by subsection (b).
(e) Reports.--
(1) Report on implementation.--Not later than 6 months
after the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to Congress a report containing
the following:
(A) The Secretary's plan to carry out subsection
(d).
(B) A description of the consultations carried out
by the Secretary with organizations representing
wounded veterans and their families regarding such
plan.
(C) A description of any recommendation provided by
any such organization that the Secretary did not adopt
and the reasons the Secretary did not adopt such
recommendation.
(2) Evaluation.--Not later than 2 years after the date on
which the Secretary of Veterans Affairs implements the
provisions of law referred to in subsection (d), the Secretary
shall submit to Congress a comprehensive report containing the
Secretary's evaluation of such provisions of law. Such report
shall include--
(A) data on the number of veterans who receive
assistance under subsection (b) of section 1717 of
title 38, United States Code, as added by subsection
(a), resources expended to carry out such subsection
(b), outcomes achieved, and measurable benefits; and
(B) legislative and other recommendations of the
Secretary to improve the implementation of such
subsection. | Wounded Warrior Project Family Caregiver Act of 2009 - Directs the Secretary of Veterans Affairs, as part of authorized Department of Veterans Affairs (VA) home health care services for veterans, to furnish to a family member or other designated individual advanced instruction and training and certification as a family caregiver for a veteran who incurred serious wounds on active duty during, or in training for, Operations Enduring Freedom or Iraqi Freedom and is determined to be in need of personal care services. Requires the Secretary to provide to such caregiver: (1) appropriate support services. And (2) a monthly family caregiver allowance. Authorizes the Secretary to provide medical care to such caregiver. | To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a family caregiver program to furnish support services to family members certified as family caregivers who provide personal care services for certain disabled veterans, and for other purposes. | 8,039 | 720 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Wounded Warrior Project Family Caregiver Act of 2009". <SECTION-HEADER> FAMILY CAREGIVER PROGRAM. Program. Section 1717 of title 38, United States Code, is amended by redesignating subsections (b) and (c), as (c) and , respectively. And by inserting after subsection (a) the following new subsection (b): (1)(A) As part of home health services provided for under this section, the Secretary, upon the joint request of a veteran described in subparagraph (C) and a family member of such veteran , shall furnish to an individual described in subparagraph (B), advanced instruction and training and certification as a family caregiver. An individual described in this subparagraph is a family member of a veteran described in subparagraph (C) who elects to provide personal care services to the veteran. A veteran described in this paragraph is a veteran who incurred serious wounds on active duty during, or in training for, Operation Enduring Freedom or Operation Iraqi Freedom. And is determined by the Secretary to need personal care services because of an inability to perform one or more activities of daily living. A need for supervision or protection based on symptoms or residuals of neurological or other impairment or injury. Or such other criteria as the Secretary shall establish. In the case of a veteran who lacks the capacity to make decisions necessary under this subsection, the Secretary shall establish procedures for a surrogate for the veteran to act on behalf of the veteran for purposes of this subsection. The Secretary shall furnish to a family caregiver, under criteria established by the Secretary, appropriate support services including direct technical support, information, and assistance to timely address routine, emergency, and specialized caregiving needs, counseling and mental health services. Establishment and maintenance of a comprehensive interactive caregiver website addressing all aspects of the program, respite care of not less than 30 days annually, medical care under section 1781 of this title. And a monthly family caregiver allowance. In providing respite care referred to in paragraph (A)(iv), the Secretary shall provide such care through facilities of the Department that are appropriate to the needs of the veteran, contracts under section 1720B of this title. Or in the case of a veteran for whom, in the judgment of the individual certified as the veteran's family caregiver, the needs of the veteran cannot be accommodated through care provided under subparagraph (A) or (B), through other facilities or arrangements selected in consultation with the veteran's family caregiver. In providing for a monthly family caregiver allowance to a family caregiver under paragraph (3)(A)(vi), the Secretary shall establish a schedule of allowances under which the Secretary shall seek to ensure, to the extent practicable, that the amount of the monthly allowance is not less than the amount that the Secretary determines the Secretary would have paid to a commercial home health care agency to provide necessary personal care services for such veteran, if the veteran did not have a family caregiver to provide such services. Or if the Secretary does not have enough information to make the determination under subparagraph (A), the amount of the cost of such care at a location other than a commercial home health care agency, selected by the Secretary for such purpose, where such care is available, adjusted to reflect the pertinent local cost-of-living.". Provision of Health Care to Personal Care Assistants. Section 1781(a) of such title is amended by redesignating paragraphs (2) and (3) as (3) and (4), respectively. And by inserting after paragraph (1) the following new paragraph: a family caregiver. ". Definitions. Section 1701 of title 38, United States Code, is amended by adding at the end the following new paragraphs: The term `family caregiver' means an individual who is a member of the family of a disabled veteran, provides personal care services to such veteran for such disability. And is certified as a family caregiver pursuant to the family caregiver instruction, training, and certification furnished by the Secretary under section 1717(b) of this title. Or pursuant to such other qualifications as the Secretary may approve. The term `personal care services' means noninstitutional extended care, including homemaker and home health aid services.". Deadline for Implementation. Not later than 9 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall implement subsection (b) of section 1717 of title 38, United States Code, as added by subsection (a), and paragraph (2) of section 1781(a), as added by subsection (b). Reports. Report on implementation. Not later than 6 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to Congress a report containing the following: The Secretary's plan to carry out subsection . A description of the consultations carried out by the Secretary with organizations representing wounded veterans and their families regarding such plan. A description of any recommendation provided by any such organization that the Secretary did not adopt and the reasons the Secretary did not adopt such recommendation. Evaluation. Not later than 2 years after the date on which the Secretary of Veterans Affairs implements the provisions of law referred to in subsection (d), the Secretary shall submit to Congress a comprehensive report containing the Secretary's evaluation of such provisions of law. Such report shall include data on the number of veterans who receive assistance under subsection (b) of section 1717 of title 38, United States Code, as added by subsection , resources expended to carry out such subsection , outcomes achieved, and measurable benefits. And legislative and other recommendations of the Secretary to improve the implementation of such subsection. | Wounded Warrior Project Family Caregiver Act of 2009 - Directs the Secretary of Veterans Affairs, as part of authorized Department of Veterans Affairs (VA) home health care services for veterans, to furnish to a family member or other designated individual advanced instruction and training and certification as a family caregiver for a veteran who incurred serious wounds on active duty during, or in training for, Operations Enduring Freedom or Iraqi Freedom and is determined to be in need of personal care services. Requires the Secretary to provide to such caregiver: (1) appropriate support services. And (2) a monthly family caregiver allowance. Authorizes the Secretary to provide medical care to such caregiver. | To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to establish a family caregiver program to furnish support services to family members certified as family caregivers who provide personal care services for certain disabled veterans, and for other purposes. |
110_s1206 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Young Women's Christian Association
Pension Clarification Act of 2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) The Young Women's Christian Association Pension Plan is
a multiple employer plan (subject to the requirements of
section 210 of the Employee Retirement Income Security Act of
1974) which is maintained by a corporation created by State law
prior to the enactment of the Employee Retirement Income
Security Act of 1974 and the Age Discrimination in Employment
Act of 1967 and whose primary purpose is the maintenance of
retirement programs.
(2) No applicable plan amendment, as defined in clause (v)
of section 204(b)(5)(B) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1054(b)(5)(B)(v)) (added by
section 701(a) of the Pension Protection Act of 2006 (Public
Law 109-280; 120 Stat. 982)) and clause (v) of section
4(i)(10)(B) of the Age Discrimination in Employment Act of 1967
(29 U.S.C. 623(i)(10)(B)(v)) (added by section 701(c) of the
Pension Protection Act of 2006 (Public Law 109-280; 120 Stat.
986)), or any applicable plan amendment causing a participant's
accrued benefit to be less than the amount described in clause
(iii) of such section 204(b)(5)(B) or clause (iii) of such
section 4(i)(10)(B), has ever been made to the Young Women's
Christian Association Pension Plan.
(3) Under the terms of the Young Women's Christian
Association Pension Plan, as in effect as of June 29, 2005, all
pension benefits of all participants under the plan are
immediately nonforfeitable.
(4) As of April 25, 2007, the Young Women's Christian
Association Pension Plan provides--
(A) for periods including June 29, 2005, and ending
on or before December 31, 2007, a credit to the account
of each participant equal to 40 percent of the pay
credit provided to such participant and interest
credits determined for each plan year at the average of
the annual rates of interest on 10-year Treasury
securities during a designated period in the preceding
plan year, and
(B) for periods beginning on or after January 1,
2008, interest credits which satisfy the requirements
of section 204(b)(5)(B)(i) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C.
1054(b)(5)(B)(i)) (added by section 701(a) of the
Pension Protection Act of 2006 (Public Law 109-280; 120
Stat. 981)) and section 4(i)(10)(B)(i) of the Age
Discrimination in Employment Act of 1967 (29 U.S.C.
623(i)(10)(B)(i)) (added by section 701(c) of the
Pension Protection Act of 2006 (Public Law 109-280; 120
Stat. 989)).
(b) Purpose.--The purpose of this Act is to clarify the age
discrimination rules under section 204(b)(1)(H) of the Employee
Retirement Income Security Act of 1974 and section 4(i)(1) of the Age
Discrimination in Employment Act of 1967, as they relate to periods
prior to June 29, 2005, during which violations of such rules are
alleged to have occurred in civil actions commenced on or after April
25, 2007.
SEC. 3. CLARIFICATION OF AGE DISCRIMINATION RULES.
(a) In General.--In the case of any civil action which--
(1) is commenced on or after April 25, 2007, and
(2) alleges a violation of section 204(b)(1)(H) of the
Employee Retirement Income Security Act of 1974 (29 U.S.C.
1054(b)(1)(H)) or section 4(i)(1) of the Age Discrimination in
Employment Act of 1967 (29 U.S.C. 623(i)(1)) occurring before
June 29, 2005, with respect to any benefit provided under the
Young Women's Christian Association Pension Plan,
such sections 204(b)(1)(H) and 4(i)(1) shall be applied as if paragraph
(5) of section 204(b) of the Employee Retirement Income Security Act of
1974 (as added by section 701(a)(1) of the Pension Protection Act of
2006 (29 U.S.C. 1054(b)(5); 120 Stat. 981) and paragraph (10) of
section 4(i) of the Age Discrimination in Employment Act of 1967 (29
U.S.C. 623(i)(10); 120 Stat. 998) applied to any period in which such
alleged violation occurred.
(b) Young Women's Christian Association Pension Plan.--For purposes
of this Act, the term ``Young Women's Christian Association Pension
Plan'' means the defined benefit plan (as defined in section 3(35) of
the Employee Retirement Income Security Act of 1974) established on
January 1, 1926, and maintained by the Young Women's Christian
Association Retirement Fund, a corporation created by an Act of the
State of New York which became law on April 12, 1924. | Young Women's Christian Association Pension Clarification Act of 2007 - Applies certain age discrimination safe harbor rules under the Employee Retirement Income Security Act of 1974 (ERISA) and the Age Discrimination in Employment Act of 1967 to civil actions brought on or after April 25, 2007, alleging any age discrimination violation occurring before June 29, 2005, with respect to any benefit provided under the Young Women's Christian Association Pension Plan. | A bill to amend title I of the Employee Retirement Income Security Act of 1974 and the Age Discrimination in Employment Act of 1967 to clarify the age discrimination rules applicable to the pension plan maintained by the Young Woman's Christian Association Retirement Fund. | 5,124 | 467 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Young Women's Christian Association Pension Clarification Act of 2007". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. The Congress finds the following: The Young Women's Christian Association Pension Plan is a multiple employer plan which is maintained by a corporation created by State law prior to the enactment of the Employee Retirement Income Security Act of 1974 and the Age Discrimination in Employment Act of 1967 and whose primary purpose is the maintenance of retirement programs. No applicable plan amendment, as defined in clause (v) of section 204(b)(5)(B) of the Employee Retirement Income Security Act of 1974 (29 USC. 1054(b)(5)(B)(v)) (added by section 701(a) of the Pension Protection Act of 2006 and clause (v) of section 4(i)(10)(B) of the Age Discrimination in Employment Act of 1967 (29 USC. 623(i)(10)(B)(v)) (added by section 701(c) of the Pension Protection Act of 2006 , or any applicable plan amendment causing a participant's accrued benefit to be less than the amount described in clause of such section 204(b)(5)(B) or clause (iii) of such section 4(i)(10)(B), has ever been made to the Young Women's Christian Association Pension Plan. Under the terms of the Young Women's Christian Association Pension Plan, as in effect as of June 29, 2005, all pension benefits of all participants under the plan are immediately nonforfeitable. As of April 25, 2007, the Young Women's Christian Association Pension Plan provides for periods including June 29, 2005, and ending on or before December 31, 2007, a credit to the account of each participant equal to 40 percent of the pay credit provided to such participant and interest credits determined for each plan year at the average of the annual rates of interest on 10-year Treasury securities during a designated period in the preceding plan year, and for periods beginning on or after January 1, 2008, interest credits which satisfy the requirements of section 204(b)(5)(B)(i) of the Employee Retirement Income Security Act of 1974 (29 USC. 1054(b)(5)(B)(i)) (added by section 701(a) of the Pension Protection Act of 2006 and section 4(i)(10)(B)(i) of the Age Discrimination in Employment Act of 1967 (29 USC. 623(i)(10)(B)(i)) (added by section 701(c) of the Pension Protection Act of 2006 . Purpose. The purpose of this Act is to clarify the age discrimination rules under section 204(b)(1)(H) of the Employee Retirement Income Security Act of 1974 and section 4(i)(1) of the Age Discrimination in Employment Act of 1967, as they relate to periods prior to June 29, 2005, during which violations of such rules are alleged to have occurred in civil actions commenced on or after April 25, 2007. <SECTION-HEADER> CLARIFICATION OF AGE DISCRIMINATION RULES. In General. In the case of any civil action which is commenced on or after April 25, 2007, and alleges a violation of section 204(b)(1)(H) of the Employee Retirement Income Security Act of 1974 (29 USC. 1054(b)(1)(H)) or section 4(i)(1) of the Age Discrimination in Employment Act of 1967 (29 USC. 623(i)(1)) occurring before June 29, 2005, with respect to any benefit provided under the Young Women's Christian Association Pension Plan, such sections 204(b)(1)(H) and 4(i)(1) shall be applied as if paragraph of section 204(b) of the Employee Retirement Income Security Act of 1974 (as added by section 701(a)(1) of the Pension Protection Act of 2006 (29 USC. 1054(b) and paragraph (10) of section 4(i) of the Age Discrimination in Employment Act of 1967 (29 USC. 623(i) applied to any period in which such alleged violation occurred. Young Women's Christian Association Pension Plan. For purposes of this Act, the term "Young Women's Christian Association Pension Plan" means the defined benefit plan (as defined in section 3 established on January 1, 1926, and maintained by the Young Women's Christian Association Retirement Fund, a corporation created by an Act of the State of New York which became law on April 12, 1924. | Young Women's Christian Association Pension Clarification Act of 2007 - Applies certain age discrimination safe harbor rules under the Employee Retirement Income Security Act of 1974 (ERISA) and the Age Discrimination in Employment Act of 1967 to civil actions brought on or after April 25, 2007, alleging any age discrimination violation occurring before June 29, 2005, with respect to any benefit provided under the Young Women's Christian Association Pension Plan. | A bill to amend title I of the Employee Retirement Income Security Act of 1974 and the Age Discrimination in Employment Act of 1967 to clarify the age discrimination rules applicable to the pension plan maintained by the Young Woman's Christian Association Retirement Fund. |
115_s1072 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Homeless Veterans Prevention Act of
2017''.
SEC. 2. AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO
DEPENDENTS OF CERTAIN HOMELESS VETERANS.
Subsection (a) of section 2012 of title 38, United States Code, is
amended by adding at the end the following new paragraph:
``(4) Services for which a recipient of a grant under section 2011
of this title (or an entity described in paragraph (1)) may receive per
diem payments under this subsection may include furnishing care for a
dependent of a homeless veteran who is under the care of such homeless
veteran while such homeless veteran receives services from the grant
recipient (or entity).''.
SEC. 3. PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL
SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF
HOMELESSNESS.
(a) In General.--Chapter 20 of title 38, United States Code, is
amended by inserting after section 2022 the following new section:
``Sec. 2022A. Partnerships with public and private entities to provide
legal services to homeless veterans and veterans at risk
of homelessness
``(a) Partnerships Authorized.--Subject to the availability of
funds for that purpose, the Secretary shall enter into partnerships
with public or private entities to fund a portion of the general legal
services specified in subsection (c) that are provided by such entities
to homeless veterans and veterans at risk of homelessness.
``(b) Locations.--(1) The Secretary shall ensure that, to the
extent practicable, partnerships under this section are made with
entities equitably distributed across the geographic regions of the
United States, including rural communities, tribal lands of the United
States, Native Americans, and tribal organizations.
``(2) In this subsection, the terms `Native American' and `tribal
organization' have the meanings given such terms in section 3765 of
this title.
``(c) Legal Services.--Legal services specified in this subsection
include legal services provided by public or private entities that
address the needs of homeless veterans and veterans at risk of
homelessness as follows:
``(1) Legal services related to housing, including eviction
defense and representation in landlord-tenant cases and
foreclosure proceedings.
``(2) Legal services related to family law, including
assistance in court proceedings for family reunification, child
support, divorce, and estate planning.
``(3) Legal services related to income support, including
assistance in obtaining public benefits.
``(4) Legal services related to criminal defense, including
defense in matters symptomatic of homelessness, such as
outstanding warrants, fines, and driver's license revocation,
to reduce recidivism and facilitate the overcoming of reentry
obstacles in employment or housing.
``(5) Such other legal services as the Secretary considers
appropriate and necessary.
``(d) Consultation.--In developing and carrying out partnerships
under this section, the Secretary shall, to the extent practicable,
consult with public and private entities--
``(1) for assistance in identifying and contacting
organizations described in subsection (c); and
``(2) to coordinate appropriate outreach relationships with
such organizations.
``(e) Reports.--The Secretary may require entities that have
entered into partnerships under this section to submit to the Secretary
periodic reports on legal services provided to homeless veterans and
veterans at risk of homelessness pursuant to such partnerships.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by adding after the item relating
to section 2022 the following new item:
``2022A. Partnerships with public and private entities to provide legal
services to homeless veterans and veterans
at risk of homelessness.''.
SEC. 4. EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO
PROVIDE DENTAL CARE TO HOMELESS VETERANS.
Subsection (b) of section 2062 of title 38, United States Code, is
amended to read as follows:
``(b) Eligible Veterans.--(1) Subsection (a) applies to a veteran
who--
``(A) is enrolled for care under section 1705(a) of this
title; and
``(B) for a period of 60 consecutive days, is receiving--
``(i) assistance under section 8(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(o)); or
``(ii) care (directly or by contract) in any of the
following settings:
``(I) A domiciliary under section 1710 of
this title.
``(II) A therapeutic residence under
section 2032 of this title.
``(III) Community residential care
coordinated by the Secretary under section 1730
of this title.
``(IV) A setting for which the Secretary
provides funds for a grant and per diem
provider.
``(2) For purposes of paragraph (1), in determining whether a
veteran has received assistance or care for a period of 60 consecutive
days, the Secretary may disregard breaks in the continuity of
assistance or care for which the veteran is not responsible.''.
SEC. 5. REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF REFERRAL
AND COUNSELING SERVICES FOR VETERANS AT RISK FOR
HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN
INSTITUTIONS.
Section 2023 of title 38, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
SEC. 6. EXTENSION OF AUTHORITY FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE
SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN
PERMANENT HOUSING.
(a) In General.--Paragraph (1) of section 2044(e) of title 38,
United States Code, is amended--
(1) in subparagraph (E), by striking ``2017'' and inserting
``2016''; and
(2) by adding at the end the following new subparagraph
(F):
``(F) $500,000,000 for fiscal year 2017.''.
(b) Training Entities for Provision of Supportive Services.--
Paragraph (3) of such section is amended by inserting ``and 2017''
after ``through 2012''.
SEC. 7. REQUIREMENT FOR COMPTROLLER GENERAL TO STUDY DEPARTMENT OF
VETERANS AFFAIRS HOMELESS VETERANS PROGRAMS.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall complete a study of programs of the Department of Veterans
Affairs that provide assistance to homeless veterans.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of whether programs described in
subsection (a) are meeting the needs of veterans who are
eligible for assistance provided by such programs.
(2) A review of recent efforts of the Secretary of Veterans
Affairs to improve the privacy, safety, and security of female
veterans receiving assistance from such programs.
SEC. 8. REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO
HOMELESS VETERANS.
(a) In General.--Section 2065 of title 38, United States Code, is
hereby repealed.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 20 of such title is amended by striking the item relating to
section 2065. | Homeless Veterans Prevention Act of 2017 This bill provides that the services for which a recipient of a grant under the Department of Veterans Affairs (VA) comprehensive service program for homeless veterans may receive per diem payments may include furnishing care for a dependent under the care of a veteran who is receiving services. The VA shall enter into partnerships with public or private entities to fund a portion of the legal services such entities provide to homeless veterans and veterans at risk of homelessness related to housing, family law, income support, and criminal defense. The bill: (1) expands VA dental care authority authority to include those veterans receiving assistance under the United States Housing Act of 1937, (2) repeals the September 30, 2013, sunset on the authority of the VA and the Department of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions, and (3) extends supportive services assistance for very low-income veteran families in permanent housing. The Government Accountability Office shall complete a study of VA assistance to homeless veterans. The requirement that the VA report annually on its assistance programs for homeless veterans is eliminated. | Homeless Veterans Prevention Act of 2017 | 8,068 | 1,330 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Homeless Veterans Prevention Act of 2017". <SECTION-HEADER> AUTHORIZATION OF PER DIEM PAYMENTS FOR FURNISHING CARE TO DEPENDENTS OF CERTAIN HOMELESS VETERANS. Subsection (a) of section 2012 of title 38, United States Code, is amended by adding at the end the following new paragraph: Services for which a recipient of a grant under section 2011 of this title (or an entity described in paragraph (1)) may receive per diem payments under this subsection may include furnishing care for a dependent of a homeless veteran who is under the care of such homeless veteran while such homeless veteran receives services from the grant recipient .". <SECTION-HEADER> PARTNERSHIPS WITH PUBLIC AND PRIVATE ENTITIES TO PROVIDE LEGAL SERVICES TO HOMELESS VETERANS AND VETERANS AT RISK OF HOMELESSNESS. In General. Chapter 20 of title 38, United States Code, is amended by inserting after section 2022 the following new section: "Section 2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness Partnerships Authorized. Subject to the availability of funds for that purpose, the Secretary shall enter into partnerships with public or private entities to fund a portion of the general legal services specified in subsection (c) that are provided by such entities to homeless veterans and veterans at risk of homelessness. Locations. (1) The Secretary shall ensure that, to the extent practicable, partnerships under this section are made with entities equitably distributed across the geographic regions of the United States, including rural communities, tribal lands of the United States, Native Americans, and tribal organizations. In this subsection, the terms `Native American' and `tribal organization' have the meanings given such terms in section 3765 of this title. Legal Services. Legal services specified in this subsection include legal services provided by public or private entities that address the needs of homeless veterans and veterans at risk of homelessness as follows: Legal services related to housing, including eviction defense and representation in landlord-tenant cases and foreclosure proceedings. Legal services related to family law, including assistance in court proceedings for family reunification, child support, divorce, and estate planning. Legal services related to income support, including assistance in obtaining public benefits. Legal services related to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver's license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing. Such other legal services as the Secretary considers appropriate and necessary. Consultation. In developing and carrying out partnerships under this section, the Secretary shall, to the extent practicable, consult with public and private entities for assistance in identifying and contacting organizations described in subsection (c). And to coordinate appropriate outreach relationships with such organizations. Reports. The Secretary may require entities that have entered into partnerships under this section to submit to the Secretary periodic reports on legal services provided to homeless veterans and veterans at risk of homelessness pursuant to such partnerships.". Clerical Amendment. The table of sections at the beginning of chapter 20 of such title is amended by adding after the item relating to section 2022 the following new item: "2022A. Partnerships with public and private entities to provide legal services to homeless veterans and veterans at risk of homelessness.". <SECTION-HEADER> EXPANSION OF DEPARTMENT OF VETERANS AFFAIRS AUTHORITY TO PROVIDE DENTAL CARE TO HOMELESS VETERANS. Subsection (b) of section 2062 of title 38, United States Code, is amended to read as follows: Eligible Veterans. (1) Subsection (a) applies to a veteran who is enrolled for care under section 1705(a) of this title. And for a period of 60 consecutive days, is receiving assistance under section 8(o) of the United States Housing Act of 1937 (42 USC. 1437f(o)). Or care in any of the following settings: A domiciliary under section 1710 of this title. A therapeutic residence under section 2032 of this title. Community residential care coordinated by the Secretary under section 1730 of this title. A setting for which the Secretary provides funds for a grant and per diem provider. For purposes of paragraph (1), in determining whether a veteran has received assistance or care for a period of 60 consecutive days, the Secretary may disregard breaks in the continuity of assistance or care for which the veteran is not responsible.". <SECTION-HEADER> REPEAL OF SUNSET ON AUTHORITY TO CARRY OUT PROGRAM OF REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK FOR HOMELESSNESS WHO ARE TRANSITIONING FROM CERTAIN INSTITUTIONS. Section 2023 of title 38, United States Code, is amended by striking subsection (d). And by redesignating subsection (e) as subsection (d). <SECTION-HEADER> EXTENSION OF AUTHORITY FOR FINANCIAL ASSISTANCE FOR SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN FAMILIES IN PERMANENT HOUSING. In General. Paragraph (1) of section 2044(e) of title 38, United States Code, is amended in subparagraph (E), by striking "2017" and inserting "2016". And by adding at the end the following new subparagraph : $500,000,000 for fiscal year 2017.". Training Entities for Provision of Supportive Services. Paragraph (3) of such section is amended by inserting "and 2017" after "through 2012". <SECTION-HEADER> REQUIREMENT FOR COMPTROLLER GENERAL TO STUDY DEPARTMENT OF VETERANS AFFAIRS HOMELESS VETERANS PROGRAMS. In General. Not later than 270 days after the date of the enactment of this Act, the Comptroller General of the United States shall complete a study of programs of the Department of Veterans Affairs that provide assistance to homeless veterans. Elements. The study required by subsection (a) shall include the following: An assessment of whether programs described in subsection (a) are meeting the needs of veterans who are eligible for assistance provided by such programs. A review of recent efforts of the Secretary of Veterans Affairs to improve the privacy, safety, and security of female veterans receiving assistance from such programs. <SECTION-HEADER> REPEAL OF REQUIREMENT FOR ANNUAL REPORTS ON ASSISTANCE TO HOMELESS VETERANS. In General. Section 2065 of title 38, United States Code, is hereby repealed. Clerical Amendment. The table of sections at the beginning of chapter 20 of such title is amended by striking the item relating to section 2065. | Homeless Veterans Prevention Act of 2017 This bill provides that the services for which a recipient of a grant under the Department of Veterans Affairs (VA) comprehensive service program for homeless veterans may receive per diem payments may include furnishing care for a dependent under the care of a veteran who is receiving services. The VA shall enter into partnerships with public or private entities to fund a portion of the legal services such entities provide to homeless veterans and veterans at risk of homelessness related to housing, family law, income support, and criminal defense. The bill: (1) expands VA dental care authority authority to include those veterans receiving assistance under the United States Housing Act of 1937, (2) repeals the September 30, 2013, sunset on the authority of the VA and the Department of Labor to carry out a program of referral and counseling for veterans who are at risk of homelessness and are transitioning from certain institutions, including penal institutions, and (3) extends supportive services assistance for very low-income veteran families in permanent housing. The Government Accountability Office shall complete a study of VA assistance to homeless veterans. The requirement that the VA report annually on its assistance programs for homeless veterans is eliminated. | Homeless Veterans Prevention Act of 2017 |
108_hr1783 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom Flat Tax Act''.
SEC. 2. FREEDOM FLAT TAX.
(a) In General.--Subchapter A of chapter 1 is amended by inserting
after part VII the following new part:
``PART VIII-FREEDOM FLAT TAX
``Sec. 60. Irrevocable election to be
subject to flat tax.
``Sec. 60A. Tax imposed on individuals.
``Sec. 60B. Tax imposed on business
activities.
``Sec. 60C. Tax on noncash compensation
provided to employees not
engaged in business activity.
``SEC. 60. IRREVOCABLE ELECTION TO BE SUBJECT TO FLAT TAX.
``(a) Individual.--
``(1) In general.--Except as provided in paragraph (2), in
lieu of the tax imposed by sections 1 and 55, under regulations
prescribed by the Secretary, an individual may make an
irrevocable election to be subject to the tax imposed by this
part.
``(2) Innocent spouse exception.--An individual who has
made an election under paragraph (1) and who subsequently
obtains relief of liability for tax under section 6015(b) may,
not later than 1 year after the date such relief is granted,
revoke the election made under paragraph (1).
``(b) Person Engaged in Business Activity.--In lieu of the tax
imposed by sections 11 and 55, under regulations prescribed by the
Secretary, a person engaged in business activity may make an
irrevocable election to be subject to the tax imposed by this part.
``SEC. 60A. TAX IMPOSED ON INDIVIDUALS.
``(a) In General.--There is hereby imposed on the taxable income of
every individual who makes an election to be subject to this part a tax
equal to--
``(1) 19 percent of the taxable income of such individual
for such taxable year in the case of the first 2 taxable years
of the individual beginning with the taxable year for which the
election is made, and
``(2) 17 percent of the taxable income of such individual
for such taxable year in the case of all taxable years
subsequent to the taxable years described in paragraph (1).
``(b) Taxable Income.--For purposes of this part, the term `taxable
income' means the excess of--
``(1) the sum of--
``(A) wages (as defined in section 3121(a) without
regard to paragraph (1) thereof) which are paid in cash
and which are received during the taxable year for
services performed in the United States,
``(B) retirement distributions which are includible
in gross income for such taxable year, plus
``(C) amounts received under any law of the United
States or of any State which is in the nature of
unemployment compensation, over
``(2) the standard deduction.
``(c) Standard Deduction.--For purposes of this part--
``(1) In general.--The term `standard deduction' means the
sum of--
``(A) the basic standard deduction, plus
``(B) the additional standard deduction.
``(2) Basic standard deduction.--For purposes of paragraph
(1), the basic standard deduction is--
``(A) $25,580 in the case of--
``(i) a joint return, or
``(ii) a surviving spouse (as defined in
section 2(a)),
``(B) $16,330 in the case of a head of household
(as defined in section 2(b)), and
``(C) $12,790 in the case of an individual--
``(i) who is not married and who is not a
surviving spouse or head of household, or
``(ii) who is a married individual filing a
separate return.
``(3) Additional standard deduction.--For purposes of
paragraph (1), the additional standard deduction is $5,510 for
each dependent (as defined in section 152) who is described in
section 151(c)(1) for the taxable year and who is not required
to file a return for such taxable year.
``(d) Retirement Distributions.--For purposes of this section, the
term `retirement distribution' means any distribution from--
``(1) a plan described in section 401(a) which includes a
trust exempt from tax under section 501(a),
``(2) an annuity plan described in section 403(a),
``(3) an annuity contract described in section 403(b),
``(4) an individual retirement account described in section
408(a),
``(5) an individual retirement annuity described in section
408(b),
``(6) an eligible deferred compensation plan (as defined in
section 457),
``(7) a governmental plan (as defined in section 414(d)),
or
``(8) a trust described in section 501(c)(18).
Such term includes any plan, contract, account, annuity, or trust
which, at any time, has been determined by the Secretary to be such a
plan, contract, account, annuity, or trust.
``(e) Income of Certain Children.--For purposes of this part--
``(1) an individual's taxable income shall include the
taxable income of each dependent child of such individual who
has not attained age 14 as of the close of such taxable year,
and
``(2) such dependent child shall have no liability for tax
imposed by this section with respect to such income and shall
not be required to file a return for such taxable year.
``(f) Inflation Adjustment.--
``(1) In general.--In the case of any taxable year
beginning in a calendar year after 2004, each dollar amount
contained in subsection (c) shall be increased by an amount
determined by the Secretary to be equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment for such
calendar year.
``(2) Cost-of-living adjustment.--For purposes of paragraph
(1), the cost-of-living adjustment for any calendar year is the
percentage (if any) by which--
``(A) the CPI for the preceding calendar year,
exceeds
``(B) the CPI for the calendar year 2003.
``(3) CPI for any calendar year.--For purposes of paragraph
(2), the CPI for any calendar year is the average of the
Consumer Price Index as of the close of the 12-month period
ending on August 31 of such calendar year.
``(4) Consumer price index.--For purposes of paragraph (3),
the term `Consumer Price Index' means the last Consumer Price
Index for all-urban consumers published by the Department of
Labor. For purposes of the preceding sentence, the revision of
the Consumer Price Index which is most consistent with the
Consumer Price Index for calendar year 1986 shall be used.
``(5) Rounding.--If any increase determined under paragraph
(1) is not a multiple of $10, such increase shall be rounded to
the next highest multiple of $10.
``(g) Marital Status.--For purposes of this section, marital status
shall be determined under section 7703.
``SEC. 60B. TAX IMPOSED ON BUSINESS ACTIVITIES.
``(a) Tax Imposed.--There is hereby imposed on every person engaged
in a business activity who makes an election to be taxed under this
part a tax equal to--
``(1) 19 percent of the business taxable income of such
person for such taxable year in the case of the first 2 taxable
years of the individual beginning with the taxable year for
which the election is made, and
``(2) 17 percent of the business taxable income of such
person for such taxable year in the case of all taxable years
subsequent to the taxable years described in paragraph (1).
``(b) Liability for Tax.--The tax imposed by this section shall be
paid by the person engaged in the business activity, whether such
person is an individual, partnership, corporation, or otherwise.
``(c) Business Taxable Income.--For purposes of this section--
``(1) In general.--The term `business taxable income' means
gross active income reduced by the deductions specified in
subsection (d).
``(2) Gross active income.--
``(A) In general.--For purposes of paragraph (1),
the term `gross active income' means gross receipts
from--
``(i) the sale or exchange of property or
services in the United States by any person in
connection with a business activity, and
``(ii) the export of property or services
from the United States in connection with a
business activity.
``(B) Exchanges.--For purposes of this section, the
amount treated as gross receipts from the exchange of
property or services is the fair market value of the
property or services received, plus any money received.
``(C) Coordination with special rules for financial
services, etc.--Except as provided in subsection (e)--
``(i) the term `property' does not include
money or any financial instrument, and
``(ii) the term `services' does not include
financial services.
``(3) Exemption from tax for activities of governmental
entities and tax-exempt organizations.--For purposes of this
section, the term `business activity' does not include any
activity of a governmental entity or of any other organization
which is exempt from tax under this chapter.
``(d) Deductions.--
``(1) In general.--The deductions specified in this
subsection are--
``(A) the cost of business inputs for the business
activity,
``(B) wages (as defined in section 3121(a) without
regard to paragraph (1) thereof) which are paid in cash
for services performed in the United States as an
employee, and
``(C) retirement contributions to or under any plan
or arrangement which makes retirement distributions (as
defined in section 63(c)) for the benefit of such
employees to the extent such contributions are allowed
as a deduction under section 404.
``(2) Business inputs.--
``(A) In general.--For purposes of paragraph (1),
the term `cost of business inputs' means--
``(i) the amount paid for property sold or
used in connection with a business activity,
``(ii) the amount paid for services (other
than for the services of employees, including
fringe benefits paid by reason of such
services) in connection with a business
activity, and
``(iii) any excise tax, sales tax, customs
duty, or other separately stated levy imposed
by a Federal, State, or local government on the
purchase of property or services which are for
use in connection with a business activity.
Such term shall not include any tax imposed by chapter
2 or 21.
``(B) Exceptions.--Such term shall not include--
``(i) items described in subparagraphs (B)
and (C) of paragraph (1), and
``(ii) items for personal use not in
connection with any business activity.
``(C) Exchanges.--For purposes of this section, the
amount treated as paid in connection with the exchange
of property or services is the fair market value of the
property or services exchanged, plus any money paid.
``(e) Special Rules for Financial Inter-
mediation Service Activities.--In the case of the business activity of
providing financial intermediation services, the taxable income from
such activity shall be equal to the value of the intermediation
services provided in such activity.
``(f) Exception for Services Performed as Employee.--For purposes
of this section, the term `business activity' does not include the
performance of services by an employee for the employee's employer.
``(g) Carryover of Credit-Equivalent of Excess Deductions.--
``(1) In general.--If the aggregate deductions for any
taxable year exceed the gross active income for such taxable
year, the credit-equivalent of such excess shall be allowed as
a credit against the tax imposed by this section for the
following taxable year.
``(2) Credit-equivalent of excess deductions.--For purposes
of paragraph (1), the credit-equivalent of the excess described
in paragraph (1) for any taxable year is an amount equal to--
``(A) the sum of--
``(i) such excess, plus
``(ii) the product of such excess and the
3-month Treasury rate for the last month of
such taxable year, multiplied by
``(B) the rate of the tax imposed by subsection (a)
for such taxable year.
``(3) Carryover of unused credit.--If the credit allowable
for any taxable year by reason of this subsection exceeds the
tax imposed by this section for such year, then (in lieu of
treating such excess as an overpayment) the sum of--
``(A) such excess, plus
``(B) the product of such excess and the 3-month
Treasury rate for the last month of such taxable year,
shall be allowed as a credit against the tax imposed by this
section for the following taxable year.
``(4) 3-month treasury rate.--For purposes of this
subsection, the 3-month Treasury rate is the rate determined by
the Secretary based on the average market yield (during any 1-
month period selected by the Secretary and ending in the
calendar month in which the determination is made) on
outstanding marketable obligations of the United States with
remaining periods to maturity of 3 months or less.
``SEC. 60C. TAX ON NONCASH COMPENSATION PROVIDED TO EMPLOYEES NOT
ENGAGED IN BUSINESS ACTIVITY.
``(a) Imposition of Tax.--There is hereby imposed a tax equal to 19
percent (17 percent in the case of calendar years beginning after
December 31, 2004) of the value of excludable compensation provided
during the calendar year by an employer for the benefit of employees to
whom this section applies.
``(b) Liability for Tax.--The tax imposed by this section shall be
paid by the employer.
``(c) Excludable Compensation.--For purposes of subsection (a), the
term `excludable compensation' means any remuneration for services
performed as an employee other than--
``(1) wages (as defined in section 3121(a) without regard
to paragraph (1) thereof) which are paid in cash,
``(2) remuneration for services performed outside the
United States, and
``(3) retirement contributions to or under any plan or
arrangement which makes retirement distributions (as defined in
section 63(c)).
``(d) Employees to Whom Section Applies.--This section shall apply
to an employee who is employed in any activity by--
``(1) any organization which is exempt from taxation under
this chapter, or
``(2) any agency or instrumentality of the United States,
any State or political subdivision of a State, or the District
of Columbia.''
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 1 of such Code is amended by adding at the end the following
new item:
``Part VIII. Freedom Flat Tax.''.
(c) Effective Date.--The amendments made by this title shall apply
to taxable years beginning after December 31, 2003. | Freedom Flat Tax Act - Amends the Internal Revenue Code to authorize an individual and a person engaged in business activity to make an irrevocable election to be subject to a flat tax of 19 percent for the first two years, and 17 percent thereafter. Defines individual and business taxable income. Imposes an employer tax on the value of excludable compensation provided to employees not engaged in business activity of 19 percent through 2004, and 17 percent thereafter. | To amend the Internal Revenue Code of 1986 to provide taxpayers a flat tax alternative to the current income tax system. | 17,318 | 472 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Freedom Flat Tax Act". <SECTION-HEADER> FREEDOM FLAT TAX. In General. Subchapter A of chapter 1 is amended by inserting after part VII the following new part: "PART VIII-FREEDOM FLAT TAX "<SECTION-HEADER> Irrevocable election to be subject to flat tax. "Section 60A. Tax imposed on individuals. "Section 60B. Tax imposed on business activities. "Section 60C. Tax on noncash compensation provided to employees not engaged in business activity. "Section 60. IRREVOCABLE ELECTION TO BE SUBJECT TO FLAT TAX. Individual. In general. Except as provided in paragraph (2), in lieu of the tax imposed by sections 1 and 55, under regulations prescribed by the Secretary, an individual may make an irrevocable election to be subject to the tax imposed by this part. Innocent spouse exception. An individual who has made an election under paragraph (1) and who subsequently obtains relief of liability for tax under section 6015(b) may, not later than 1 year after the date such relief is granted, revoke the election made under paragraph (1). Person Engaged in Business Activity. In lieu of the tax imposed by sections 11 and 55, under regulations prescribed by the Secretary, a person engaged in business activity may make an irrevocable election to be subject to the tax imposed by this part. "Section 60A. TAX IMPOSED ON INDIVIDUALS. In General. There is hereby imposed on the taxable income of every individual who makes an election to be subject to this part a tax equal to 19 percent of the taxable income of such individual for such taxable year in the case of the first 2 taxable years of the individual beginning with the taxable year for which the election is made, and 17 percent of the taxable income of such individual for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1). Taxable Income. For purposes of this part, the term `taxable income' means the excess of the sum of wages (as defined in section 3121(a) without regard to paragraph which are paid in cash and which are received during the taxable year for services performed in the United States, retirement distributions which are includible in gross income for such taxable year, plus amounts received under any law of the United States or of any State which is in the nature of unemployment compensation, over the standard deduction. Standard Deduction. For purposes of this part In general. The term `standard deduction' means the sum of the basic standard deduction, plus the additional standard deduction. Basic standard deduction. For purposes of paragraph , the basic standard deduction is $25,580 in the case of a joint return, or a surviving spouse (as defined in section 2(a)), $16,330 in the case of a head of household (as defined in section 2(b)), and $12,790 in the case of an individual who is not married and who is not a surviving spouse or head of household, or who is a married individual filing a separate return. Additional standard deduction. For purposes of paragraph (1), the additional standard deduction is $5,510 for each dependent who is described in section 151(c)(1) for the taxable year and who is not required to file a return for such taxable year. Retirement Distributions. For purposes of this section, the term `retirement distribution' means any distribution from a plan described in section 401(a) which includes a trust exempt from tax under section 501(a), an annuity plan described in section 403(a), an annuity contract described in section 403(b), an individual retirement account described in section 408(a), an individual retirement annuity described in section 408(b), an eligible deferred compensation plan , a governmental plan (as defined in section 414(d)), or a trust described in section 501(c)(18). Such term includes any plan, contract, account, annuity, or trust which, at any time, has been determined by the Secretary to be such a plan, contract, account, annuity, or trust. Income of Certain Children. For purposes of this part an individual's taxable income shall include the taxable income of each dependent child of such individual who has not attained age 14 as of the close of such taxable year, and such dependent child shall have no liability for tax imposed by this section with respect to such income and shall not be required to file a return for such taxable year. Inflation Adjustment. In general. In the case of any taxable year beginning in a calendar year after 2004, each dollar amount contained in subsection (c) shall be increased by an amount determined by the Secretary to be equal to such dollar amount, multiplied by the cost-of-living adjustment for such calendar year. Cost-of-living adjustment. For purposes of paragraph , the cost-of-living adjustment for any calendar year is the percentage by which the CPI for the preceding calendar year, exceeds the CPI for the calendar year 2003. CPI for any calendar year. For purposes of paragraph , the CPI for any calendar year is the average of the Consumer Price Index as of the close of the 12-month period ending on August 31 of such calendar year. Consumer price index. For purposes of paragraph (3), the term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. Rounding. If any increase determined under paragraph is not a multiple of $10, such increase shall be rounded to the next highest multiple of $10. Marital Status. For purposes of this section, marital status shall be determined under section 7703. "Section 60B. TAX IMPOSED ON BUSINESS ACTIVITIES. Tax Imposed. There is hereby imposed on every person engaged in a business activity who makes an election to be taxed under this part a tax equal to 19 percent of the business taxable income of such person for such taxable year in the case of the first 2 taxable years of the individual beginning with the taxable year for which the election is made, and 17 percent of the business taxable income of such person for such taxable year in the case of all taxable years subsequent to the taxable years described in paragraph (1). Liability for Tax. The tax imposed by this section shall be paid by the person engaged in the business activity, whether such person is an individual, partnership, corporation, or otherwise. Business Taxable Income. For purposes of this section In general. The term `business taxable income' means gross active income reduced by the deductions specified in subsection (d). Gross active income. In general. For purposes of paragraph (1), the term `gross active income' means gross receipts from the sale or exchange of property or services in the United States by any person in connection with a business activity, and the export of property or services from the United States in connection with a business activity. Exchanges. For purposes of this section, the amount treated as gross receipts from the exchange of property or services is the fair market value of the property or services received, plus any money received. Coordination with special rules for financial services, etc. Except as provided in subsection (e) the term `property' does not include money or any financial instrument, and the term `services' does not include financial services. Exemption from tax for activities of governmental entities and tax-exempt organizations. For purposes of this section, the term `business activity' does not include any activity of a governmental entity or of any other organization which is exempt from tax under this chapter. Deductions. In general. The deductions specified in this subsection are the cost of business inputs for the business activity, wages (as defined in section 3121(a) without regard to paragraph which are paid in cash for services performed in the United States as an employee, and retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)) for the benefit of such employees to the extent such contributions are allowed as a deduction under section 404. Business inputs. In general. For purposes of paragraph (1), the term `cost of business inputs' means the amount paid for property sold or used in connection with a business activity, the amount paid for services in connection with a business activity, and any excise tax, sales tax, customs duty, or other separately stated levy imposed by a Federal, State, or local government on the purchase of property or services which are for use in connection with a business activity. Such term shall not include any tax imposed by chapter 2 or 21. Exceptions. Such term shall not include items described in subparagraphs (B) and (C) of paragraph (1), and items for personal use not in connection with any business activity. Exchanges. For purposes of this section, the amount treated as paid in connection with the exchange of property or services is the fair market value of the property or services exchanged, plus any money paid. Special Rules for Financial Inter- mediation Service Activities. In the case of the business activity of providing financial intermediation services, the taxable income from such activity shall be equal to the value of the intermediation services provided in such activity. Exception for Services Performed as Employee. For purposes of this section, the term `business activity' does not include the performance of services by an employee for the employee's employer. Carryover of Credit-Equivalent of Excess Deductions. In general. If the aggregate deductions for any taxable year exceed the gross active income for such taxable year, the credit-equivalent of such excess shall be allowed as a credit against the tax imposed by this section for the following taxable year. Credit-equivalent of excess deductions. For purposes of paragraph (1), the credit-equivalent of the excess described in paragraph (1) for any taxable year is an amount equal to the sum of such excess, plus the product of such excess and the 3-month Treasury rate for the last month of such taxable year, multiplied by the rate of the tax imposed by subsection (a) for such taxable year. Carryover of unused credit. If the credit allowable for any taxable year by reason of this subsection exceeds the tax imposed by this section for such year, then the sum of such excess, plus the product of such excess and the 3-month Treasury rate for the last month of such taxable year, shall be allowed as a credit against the tax imposed by this section for the following taxable year. 3-month treasury rate. For purposes of this subsection, the 3-month Treasury rate is the rate determined by the Secretary based on the average market yield on outstanding marketable obligations of the United States with remaining periods to maturity of 3 months or less. "Section 60C. TAX ON NONCASH COMPENSATION PROVIDED TO EMPLOYEES NOT ENGAGED IN BUSINESS ACTIVITY. Imposition of Tax. There is hereby imposed a tax equal to 19 percent of the value of excludable compensation provided during the calendar year by an employer for the benefit of employees to whom this section applies. Liability for Tax. The tax imposed by this section shall be paid by the employer. Excludable Compensation. For purposes of subsection (a), the term `excludable compensation' means any remuneration for services performed as an employee other than wages (as defined in section 3121(a) without regard to paragraph which are paid in cash, remuneration for services performed outside the United States, and retirement contributions to or under any plan or arrangement which makes retirement distributions (as defined in section 63(c)). Employees to Whom Section Applies. This section shall apply to an employee who is employed in any activity by any organization which is exempt from taxation under this chapter, or any agency or instrumentality of the United States, any State or political subdivision of a State, or the District of Columbia." Clerical Amendment. The table of parts for subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: "Part VIII. Freedom Flat Tax.". Effective Date. The amendments made by this title shall apply to taxable years beginning after December 31, 2003. | Freedom Flat Tax Act - Amends the Internal Revenue Code to authorize an individual and a person engaged in business activity to make an irrevocable election to be subject to a flat tax of 19 percent for the first two years, and 17 percent thereafter. Defines individual and business taxable income. Imposes an employer tax on the value of excludable compensation provided to employees not engaged in business activity of 19 percent through 2004, and 17 percent thereafter. | To amend the Internal Revenue Code of 1986 to provide taxpayers a flat tax alternative to the current income tax system. |
115_hr4802 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Streamlining and Expediting Approval
for Communications Technologies Act''.
SEC. 2. TRACKING OF APPLICATIONS TO LOCATE OR MODIFY COMMUNICATIONS
FACILITIES ON FEDERAL REAL PROPERTY.
(a) Tracking by Senior Real Property Officers.--
(1) In general.--For the first fiscal year that begins more
than 1 year after the date of the enactment of this Act, and
each fiscal year thereafter, the Senior Real Property Officer
of a covered agency shall track applications to locate or
modify communications facilities on covered assets of such
agency.
(2) Information included.--The tracking required by
paragraph (1) shall include tracking of--
(A) the number of applications described in such
paragraph that are--
(i) received;
(ii) approved; and
(iii) denied;
(B) in the case of an application described in such
paragraph that is denied, the reasons for the denial;
(C) the amount of time between the receipt of an
application described in such paragraph and the
issuance of a final decision on such application;
(D) in the case of an application described in such
paragraph with respect to which the agency is not in
compliance with a deadline for action that is imposed
by statute or regulation or has not achieved a
performance goal included in a performance plan of the
agency under section 1115(b) of title 31, United States
Code, the reasons for the delay; and
(E) the cost to the agency of considering
applications described in such paragraph.
(3) Reports.--
(A) From srpos to ntia.--Not later than 90 days
after the end of each fiscal year for which the Senior
Real Property Officer of a covered agency is required
under paragraph (1) to track applications described in
such paragraph, the Senior Real Property Officer shall
submit to the Assistant Secretary a report on the
tracking of such applications during such fiscal year
that includes the information described in paragraph
(2).
(B) From ntia to congress.--Not later than 180 days
after the end of each fiscal year for which the Senior
Real Property Officer of a covered agency is required
under paragraph (1) to track applications described in
such paragraph, the Assistant Secretary shall submit to
the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report that
contains--
(i) the information described in paragraph
(2) that was contained in each report submitted
by a Senior Real Property Officer under
subparagraph (A) for the fiscal year;
(ii) an analysis of the speed and
efficiency of the consideration by each covered
agency of such applications during the fiscal
year; and
(iii) any recommendations on how to improve
the process of considering such applications
that the Assistant Secretary considers
appropriate.
(4) Response to inquiries.--Beginning on the first day of
the first fiscal year for which the Senior Real Property
Officer of a covered agency is required under paragraph (1) to
track applications described in such paragraph, the Senior Real
Property Officer shall respond to an inquiry about the status
of such an application from the applicant not later than 7 days
after the date on which the Senior Real Property Officer
receives the inquiry.
(b) Inclusion of Goals in Agency Performance Plans.--Beginning with
the first performance plan that the head of a covered agency is
required to make available under section 1115(b) of title 31, United
States Code, after the date that is 60 days after the date of the
enactment of this Act, the head of the agency shall include in such
plan performance goals for the speed and efficiency of the
consideration by the agency of applications described in subsection
(a)(1).
(c) Covered Agency Defined.--In this section, the term ``covered
agency'' means an agency for which a Senior Real Property Officer is
designated under Executive Order 13327 (69 Fed. Reg. 5895). | Streamlining and Expediting Approval for Communications Technologies Act This bill directs Senior Real Property Officers of specified federal agencies to track applications to locate or modify communications facilities on certain federal real property assets of those agencies. Each officer shall report on the tracking of such applications to the National Telecommunications and Information Administration (NTIA). In turn, the NTIA shall report to Congress on the information in each submitted report and analyses of the application process. An officer must respond to an inquiry about the status of an application from the applicant no later than seven days after receiving such inquiry. | Streamlining and Expediting Approval for Communications Technologies Act | 5,137 | 689 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Streamlining and Expediting Approval for Communications Technologies Act". <SECTION-HEADER> TRACKING OF APPLICATIONS TO LOCATE OR MODIFY COMMUNICATIONS FACILITIES ON FEDERAL REAL PROPERTY. Tracking by Senior Real Property Officers. In general. For the first fiscal year that begins more than 1 year after the date of the enactment of this Act, and each fiscal year thereafter, the Senior Real Property Officer of a covered agency shall track applications to locate or modify communications facilities on covered assets of such agency. Information included. The tracking required by paragraph (1) shall include tracking of the number of applications described in such paragraph that are received, approved, and denied. In the case of an application described in such paragraph that is denied, the reasons for the denial. The amount of time between the receipt of an application described in such paragraph and the issuance of a final decision on such application. In the case of an application described in such paragraph with respect to which the agency is not in compliance with a deadline for action that is imposed by statute or regulation or has not achieved a performance goal included in a performance plan of the agency under section 1115(b) of title 31, United States Code, the reasons for the delay. And the cost to the agency of considering applications described in such paragraph. Reports. From srpos to ntia. Not later than 90 days after the end of each fiscal year for which the Senior Real Property Officer of a covered agency is required under paragraph (1) to track applications described in such paragraph, the Senior Real Property Officer shall submit to the Assistant Secretary a report on the tracking of such applications during such fiscal year that includes the information described in paragraph . From ntia to congress. Not later than 180 days after the end of each fiscal year for which the Senior Real Property Officer of a covered agency is required under paragraph (1) to track applications described in such paragraph, the Assistant Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that contains the information described in paragraph that was contained in each report submitted by a Senior Real Property Officer under subparagraph (A) for the fiscal year. An analysis of the speed and efficiency of the consideration by each covered agency of such applications during the fiscal year. And any recommendations on how to improve the process of considering such applications that the Assistant Secretary considers appropriate. Response to inquiries. Beginning on the first day of the first fiscal year for which the Senior Real Property Officer of a covered agency is required under paragraph (1) to track applications described in such paragraph, the Senior Real Property Officer shall respond to an inquiry about the status of such an application from the applicant not later than 7 days after the date on which the Senior Real Property Officer receives the inquiry. Inclusion of Goals in Agency Performance Plans. Beginning with the first performance plan that the head of a covered agency is required to make available under section 1115(b) of title 31, United States Code, after the date that is 60 days after the date of the enactment of this Act, the head of the agency shall include in such plan performance goals for the speed and efficiency of the consideration by the agency of applications described in subsection (1). Covered Agency Defined. In this section, the term "covered agency" means an agency for which a Senior Real Property Officer is designated under Executive Order 13327 . | Streamlining and Expediting Approval for Communications Technologies Act This bill directs Senior Real Property Officers of specified federal agencies to track applications to locate or modify communications facilities on certain federal real property assets of those agencies. Each officer shall report on the tracking of such applications to the National Telecommunications and Information Administration (NTIA). In turn, the NTIA shall report to Congress on the information in each submitted report and analyses of the application process. An officer must respond to an inquiry about the status of an application from the applicant no later than seven days after receiving such inquiry. | Streamlining and Expediting Approval for Communications Technologies Act |
111_s3166 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ponzi Scheme Victim's Bill of Rights
Act of 2010''.
SEC. 2. TREATMENT OF QUALIFIED FRAUDULENT INVESTMENT LOSSES IN
INDIVIDUAL RETIREMENT ACCOUNTS.
(a) In General.--Section 165 of the Internal Revenue Code of 1986
is amended by redesignating subsection (m) as subsection (n) and by
inserting after subsection (l) the following new subsection:
``(m) Special Rules for Qualified Fraudulent Investment Losses in
Individual Retirement Accounts.--
``(1) In general.--In the case of any qualified fraudulent
investment loss in connection with assets held in an individual
retirement plan, the beneficiary of such plan shall be allowed
a deduction with respect to such loss in an amount equal to the
lesser of--
``(A) the greater of--
``(i) the sum of the amount of
contributions to such individual retirement
plan by such beneficiary plus the amount of
contributions to such individual retirement
plan by such beneficiary's employer on behalf
of such beneficiary, or
``(ii) 50 percent of the excess of--
``(I) the value of the assets held
by such beneficiary in such individual
retirement plan, as reported
immediately before such loss was
discovered, over
``(II) the sum of value of the
assets held by such beneficiary in such
individual retirement plan immediately
after such loss was discovered, or
``(B) $1,500,000.
``(2) Qualified fraudulent investment loss.--For purposes
of this subsection--
``(A) In general.--The term `qualified fraudulent
investment loss' means a loss discovered in 2008 or
2009 resulting from a specified fraudulent arrangement
in which, as a result of the conduct that caused the
loss--
``(i) a person described in subparagraph
(B) was charged under State or Federal law with
the commission of fraud, embezzlement, or
similar crime which, if proven, would
constitute a theft (within the meaning of
subsection (c)(3)), or
``(ii) a person described in subparagraph
(B) was the subject of a State or Federal
criminal complaint (not withdrawn or dismissed)
alleging the commission of fraud, embezzlement,
or similar crime which, if proven, would
constitute a theft (within the meaning of
subsection (c)(3)), and either--
``(I) the complaint alleged an
admission by such person or the
execution of an affidavit by such
person admitting the crime, or
``(II) a receiver or trustee was
appointed with respect to the
arrangement or assets of the
arrangement were frozen.
``(B) Specified fraudulent arrangement.--The term
`specified fraudulent arrangement' means an arrangement
in which a person--
``(i) receives cash or property from
investors,
``(ii) purports to earn income for
investors,
``(iii) reports income amounts to the
investors that are partially or wholly
fictitious,
``(iv) makes payments, if any, of purposed
income or principal to some investors from
amounts that other investors invested in the
fraudulent arrangement, and
``(v) appropriates some or all of the
investors' cash or property.
``(3) Regulations.--The Secretary shall issue such
regulations or other guidance as may be necessary or
appropriate to carry out this subsection, including to prevent
fraud and abuse under this subsection.''.
(b) Deduction Allowed in Calculating Net Investment Loss.--Section
172(d)(4)(C) of the Internal Revenue Code of 1986 is amended by
inserting ``and any deduction allowed under section 165(m)'' after
``section 165(c)''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 3. 6-YEAR NET OPERATING LOSS CARRYBACK.
(a) Extension of Net Operating Loss Carryback Period.--Paragraph
(1) of section 172(b) of the Internal Revenue Code of 1986 is amended
by adding at the end the following new subparagraph:
``(K) Qualified fraudulent investment losses.--
``(i) In general.--In the case of the
portion of a net operating loss which is a
qualified fraudulent investment loss (as
defined in section 165(m)(2)) with respect to
which the taxpayer has elected the application
of this subparagraph--
``(I) subparagraph (A)(i) shall be
applied by substituting `the applicable
number of taxable years' for `2 taxable
years' with respect to the portion of
the net operating loss for the taxable
year which is a qualified fraudulent
investment loss, and
``(II) subparagraphs (F) and (H)
shall not apply with respect to any
qualified fraudulent investment loss.
``(ii) Applicable number of taxable
years.--For purposes of clause (i), the
applicable number of taxable years is any whole
number elected by the taxpayer which is more
than 2 but not more than the lesser of--
``(I) 6 years (7 years in any case
in which the taxpayer or, in the case
of a joint return, the taxpayer's
spouse has attained the age of 65
before the close of the taxable year in
which the qualified fraudulent
investment loss was discovered), or
``(II) the period that the taxpayer
had amounts invested in the scheme to
which such election applies.
``(iii) Special rule for deceased
spouses.--If an individual was included on a
joint return of a taxpayer for a taxable year
to which a qualified fraudulent investment loss
(as so defined) is carried back under this
subparagraph and such individual has died
before the beginning of the taxable year in
which such qualified fraudulent investment loss
arises, then such qualified fraudulent
investment loss shall be treated as a loss with
respect to both the taxpayer and such
individual with respect to the taxable year to
which such loss carried.
``(iv) Coordination with paragraph (2).--
For purposes of applying paragraph (2), a
qualified fraudulent investment loss (as so
defined) for any taxable year shall be treated
in a manner similar to the manner in which a
specified liability loss is treated.''.
(b) Effective Date.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply to
net operating losses arising in taxable years ending after
December 31, 2007.
(2) Transition rule.--In the case of a net operating loss
for a taxable year ending before the date of the enactment of
this Act--
(A) notwithstanding section 172(b)(1)(H)(iii)(II),
any election made under subsection (b)(1)(H) or
172(b)(3) of section 172 of such Code with respect to
such loss may (notwithstanding such section) be revoked
before the applicable date,
(B) any election made under section 172(b)(1)(K) of
such Code with respect to such loss shall
(notwithstanding such section) be treated as timely
made if made before the applicable date, and
(C) any application under section 6411(a) of such
Code with respect to such loss shall be treated as
timely filed if filed before the applicable date.
For purposes of this paragraph, the term ``applicable date''
means the date which is 60 days after the date of the enactment
of this Act.
SEC. 4. HARDSHIP WITHDRAWALS.
(a) In General.--Paragraph (2) of section 72(t) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
subparagraph:
``(H) Distributions to replace qualified fraudulent
investment losses.--Any distribution which was made
during the 10-year period beginning on the date on
which a qualified fraudulent investment loss (as
defined in section 165(m)(2)) was discovered to the
extent the aggregate of such distributions do not
exceed such qualified fraudulent investment loss.''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2007.
SEC. 5. CATCH-UP CONTRIBUTIONS.
(a) In General.--Section 219(b)(5) of the Internal Revenue Code of
1986 is amended by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively, and by inserting after
subparagraph (B) the following new subparagraph:
``(C) Catchup contributions relating to qualified
fraudulent investment losses.--
``(i) In general.--In the case of any
applicable individual who elects to make a
qualified retirement contribution in addition
to the amount determined under subparagraph
(A), the deductible amount for any taxable year
shall be increased by an amount equal to the
lesser of--
``(I) 100 percent of the amount
determined under subparagraph (A) for
such taxable year, or
``(II) the excess of the qualified
fraudulent investment loss described in
clause (ii) over the amount of
contributions allowed as a deduction by
reason of this subparagraph for all
preceding taxable years.
``(ii) Applicable individual.--For purposes
of this subparagraph, the term `applicable
individual' means, with respect to any taxable
year, any individual with a qualified
fraudulent investment loss (as defined in
section 165(m)(2)) in an individual retirement
plan in any of the 10 immediately preceding
taxable years if the amount of such loss
exceeded 50 percent of the value of such
individual retirement plan on the day
immediately preceding the discovery of the
qualified fraudulent investment loss.''.
(b) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007.
SEC. 6. EXTENSION OF LIMITATION FOR CREDITS AND REFUNDS FOR GIFTS AND
BEQUESTS OF ASSETS WITH QUALIFIED FRAUDULENT INVESTMENT
LOSSES.
(a) In General.--Section 6511 of the Internal Revenue Code of 1986
is amended by redesignating subsection (i) as subsection (j) and by
inserting after subsection (h) the following new subsection:
``(i) Special Rules Applicable to Estate and Gift Taxes With
Respect to Assets With Qualified Fraudulent Investment Losses.--
``(1) In general.--If a claim for a credit or refund
relates to an overpayment of taxes imposed under subtitle B in
connection with a gift or bequest of an interest in an
investment with respect to which there is a qualified
fraudulent investment loss (as defined in section 165(m)(2))
and the taxpayer did not know, and reasonably should not have
known, about the criminal behavior in connection with such
loss, such credit or refund may be allowed or made if claim
therefor is filed on or before the date that is 6 years after
the return to which the credit or overpayment relates was
filed.
``(2) Determination of value.--
``(A) Gift taxes.--In determining the amount of any
credit or refund described in paragraph (1) relating to
a gift, the value of such gift shall be not more than
the greater of the value of such gift on the last day
of the taxable year in which the qualified fraudulent
investment loss was discovered or the amount realized
from the disposition of such gift (if any) by the
donee.
``(B) Estate taxes.--In determining the amount of
any credit or refund described in paragraph (1)
relating to a bequest, the value of such bequest shall
be not more than the greater of the value of such
bequest on the last day of the calendar year in which
the qualified fraudulent investment loss was discovered
or the amount realized from the disposition of such
bequest (if any) by the donee.''.
(b) Effective Date.--The amendments made by this section shall
apply to gifts or bequests made after December 31, 2007. | Ponzi Scheme Victim's Bill of Rights Act of 2010 - Amends the Internal Revenue Code to allow: (1) a special tax deduction for qualified fraudulent investment losses held in an individual retirement account (IRA). (2) a six-year carryback of net operating losses which are qualified fraudulent investment losses. (3) withdrawals from tax-exempt retirement plans for a 10-year period without penalty to replace qualified fraudulent investment losses. (4) catch-up contributions to retirement plans to compensate for fraudulent investment losses. And (5) an extension of the limitation period for filing refund claims for overpayments of tax in connection with gifts and bequests of an interest in an investment for which there is a qualified fraudulent investment loss. Defines qualified fraudulent investment loss as a loss discovered in 2008 or 2009 resulting from a fraudulent arrangement in which a person receives cash or property from investors, purports to earn income for investors, reports partially or wholly fictitious income to such investors, makes payments to some investors from payments made by other investors, and appropriates some or all of the investors' cash or property. | A bill to amend the Internal Revenue Code of 1986 to provide tax relief for persons with investment losses due to fraud or embezzlement. | 15,975 | 1,190 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Ponzi Scheme Victim's Bill of Rights Act of 2010". <SECTION-HEADER> TREATMENT OF QUALIFIED FRAUDULENT INVESTMENT LOSSES IN INDIVIDUAL RETIREMENT ACCOUNTS. In General. Section 165 of the Internal Revenue Code of 1986 is amended by redesignating subsection (m) as subsection (n) and by inserting after subsection (l) the following new subsection: Special Rules for Qualified Fraudulent Investment Losses in Individual Retirement Accounts. In general. In the case of any qualified fraudulent investment loss in connection with assets held in an individual retirement plan, the beneficiary of such plan shall be allowed a deduction with respect to such loss in an amount equal to the lesser of the greater of the sum of the amount of contributions to such individual retirement plan by such beneficiary plus the amount of contributions to such individual retirement plan by such beneficiary's employer on behalf of such beneficiary, or 50 percent of the excess of the value of the assets held by such beneficiary in such individual retirement plan, as reported immediately before such loss was discovered, over the sum of value of the assets held by such beneficiary in such individual retirement plan immediately after such loss was discovered, or $1,500,000. Qualified fraudulent investment loss. For purposes of this subsection In general. The term `qualified fraudulent investment loss' means a loss discovered in 2008 or 2009 resulting from a specified fraudulent arrangement in which, as a result of the conduct that caused the loss a person described in subparagraph was charged under State or Federal law with the commission of fraud, embezzlement, or similar crime which, if proven, would constitute a theft (within the meaning of subsection (c)(3)), or a person described in subparagraph was the subject of a State or Federal criminal complaint alleging the commission of fraud, embezzlement, or similar crime which, if proven, would constitute a theft (within the meaning of subsection (c)(3)), and either the complaint alleged an admission by such person or the execution of an affidavit by such person admitting the crime, or a receiver or trustee was appointed with respect to the arrangement or assets of the arrangement were frozen. Specified fraudulent arrangement. The term `specified fraudulent arrangement' means an arrangement in which a person receives cash or property from investors, purports to earn income for investors, reports income amounts to the investors that are partially or wholly fictitious, makes payments, if any, of purposed income or principal to some investors from amounts that other investors invested in the fraudulent arrangement, and appropriates some or all of the investors' cash or property. Regulations. The Secretary shall issue such regulations or other guidance as may be necessary or appropriate to carry out this subsection, including to prevent fraud and abuse under this subsection.". Deduction Allowed in Calculating Net Investment Loss. Section 172(d)(4)(C) of the Internal Revenue Code of 1986 is amended by inserting "and any deduction allowed under section 165(m)" after "section 165(c)". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2007. <SECTION-HEADER> 6-YEAR NET OPERATING LOSS CARRYBACK. Extension of Net Operating Loss Carryback Period. Paragraph of section 172(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: Qualified fraudulent investment losses. In general. In the case of the portion of a net operating loss which is a qualified fraudulent investment loss (as defined in section 165(m)(2)) with respect to which the taxpayer has elected the application of this subparagraph subparagraph (A)(i) shall be applied by substituting `the applicable number of taxable years' for `2 taxable years' with respect to the portion of the net operating loss for the taxable year which is a qualified fraudulent investment loss, and subparagraphs (F) and (H) shall not apply with respect to any qualified fraudulent investment loss. Applicable number of taxable years. For purposes of clause (i), the applicable number of taxable years is any whole number elected by the taxpayer which is more than 2 but not more than the lesser of 6 years , or the period that the taxpayer had amounts invested in the scheme to which such election applies. Special rule for deceased spouses. If an individual was included on a joint return of a taxpayer for a taxable year to which a qualified fraudulent investment loss is carried back under this subparagraph and such individual has died before the beginning of the taxable year in which such qualified fraudulent investment loss arises, then such qualified fraudulent investment loss shall be treated as a loss with respect to both the taxpayer and such individual with respect to the taxable year to which such loss carried. Coordination with paragraph (2). For purposes of applying paragraph (2), a qualified fraudulent investment loss for any taxable year shall be treated in a manner similar to the manner in which a specified liability loss is treated.". Effective Date. In general. Except as otherwise provided in this subsection, the amendments made by this section shall apply to net operating losses arising in taxable years ending after December 31, 2007. Transition rule. In the case of a net operating loss for a taxable year ending before the date of the enactment of this Act notwithstanding section 172(b)(1)(H)(iii)(II), any election made under subsection (b)(1)(H) or 172(b)(3) of section 172 of such Code with respect to such loss may be revoked before the applicable date, any election made under section 172(b)(1)(K) of such Code with respect to such loss shall be treated as timely made if made before the applicable date, and any application under section 6411(a) of such Code with respect to such loss shall be treated as timely filed if filed before the applicable date. For purposes of this paragraph, the term "applicable date" means the date which is 60 days after the date of the enactment of this Act. <SECTION-HEADER> HARDSHIP WITHDRAWALS. In General. Paragraph (2) of section 72(t) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: Distributions to replace qualified fraudulent investment losses. Any distribution which was made during the 10-year period beginning on the date on which a qualified fraudulent investment loss (as defined in section 165(m)(2)) was discovered to the extent the aggregate of such distributions do not exceed such qualified fraudulent investment loss.". Effective Date. The amendment made by this section shall apply to taxable years beginning after December 31, 2007. <SECTION-HEADER> CATCH-UP CONTRIBUTIONS. In General. Section 219(b)(5) of the Internal Revenue Code of 1986 is amended by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively, and by inserting after subparagraph (B) the following new subparagraph: Catchup contributions relating to qualified fraudulent investment losses. In general. In the case of any applicable individual who elects to make a qualified retirement contribution in addition to the amount determined under subparagraph , the deductible amount for any taxable year shall be increased by an amount equal to the lesser of 100 percent of the amount determined under subparagraph (A) for such taxable year, or the excess of the qualified fraudulent investment loss described in clause (ii) over the amount of contributions allowed as a deduction by reason of this subparagraph for all preceding taxable years. Applicable individual. For purposes of this subparagraph, the term `applicable individual' means, with respect to any taxable year, any individual with a qualified fraudulent investment loss (as defined in section 165(m)(2)) in an individual retirement plan in any of the 10 immediately preceding taxable years if the amount of such loss exceeded 50 percent of the value of such individual retirement plan on the day immediately preceding the discovery of the qualified fraudulent investment loss.". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2007. <SECTION-HEADER> EXTENSION OF LIMITATION FOR CREDITS AND REFUNDS FOR GIFTS AND BEQUESTS OF ASSETS WITH QUALIFIED FRAUDULENT INVESTMENT LOSSES. In General. Section 6511 of the Internal Revenue Code of 1986 is amended by redesignating subsection (i) as subsection (j) and by inserting after subsection (h) the following new subsection: Special Rules Applicable to Estate and Gift Taxes With Respect to Assets With Qualified Fraudulent Investment Losses. In general. If a claim for a credit or refund relates to an overpayment of taxes imposed under subtitle B in connection with a gift or bequest of an interest in an investment with respect to which there is a qualified fraudulent investment loss (as defined in section 165(m)(2)) and the taxpayer did not know, and reasonably should not have known, about the criminal behavior in connection with such loss, such credit or refund may be allowed or made if claim therefor is filed on or before the date that is 6 years after the return to which the credit or overpayment relates was filed. Determination of value. Gift taxes. In determining the amount of any credit or refund described in paragraph (1) relating to a gift, the value of such gift shall be not more than the greater of the value of such gift on the last day of the taxable year in which the qualified fraudulent investment loss was discovered or the amount realized from the disposition of such gift by the donee. Estate taxes. In determining the amount of any credit or refund described in paragraph (1) relating to a bequest, the value of such bequest shall be not more than the greater of the value of such bequest on the last day of the calendar year in which the qualified fraudulent investment loss was discovered or the amount realized from the disposition of such bequest by the donee.". Effective Date. The amendments made by this section shall apply to gifts or bequests made after December 31, 2007. | Ponzi Scheme Victim's Bill of Rights Act of 2010 - Amends the Internal Revenue Code to allow: (1) a special tax deduction for qualified fraudulent investment losses held in an individual retirement account (IRA). (2) a six-year carryback of net operating losses which are qualified fraudulent investment losses. (3) withdrawals from tax-exempt retirement plans for a 10-year period without penalty to replace qualified fraudulent investment losses. (4) catch-up contributions to retirement plans to compensate for fraudulent investment losses. And (5) an extension of the limitation period for filing refund claims for overpayments of tax in connection with gifts and bequests of an interest in an investment for which there is a qualified fraudulent investment loss. Defines qualified fraudulent investment loss as a loss discovered in 2008 or 2009 resulting from a fraudulent arrangement in which a person receives cash or property from investors, purports to earn income for investors, reports partially or wholly fictitious income to such investors, makes payments to some investors from payments made by other investors, and appropriates some or all of the investors' cash or property. | A bill to amend the Internal Revenue Code of 1986 to provide tax relief for persons with investment losses due to fraud or embezzlement. |
115_hr1016 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Executive Accountability Act
of 2017''.
SEC. 2. OFFICE OF INSPECTOR GENERAL IN THE EXECUTIVE OFFICE OF THE
PRESIDENT.
(a) Establishment.--
(1) In general.--Section 12 of the Inspector General Act of
1978 (5 U.S.C. App.) is amended--
(A) in paragraph (1), by striking ``or the Director
of the National Reconnaissance Office'' and inserting
``the Director of the National Reconnaissance Office;
or the President (with respect to the Executive Office
of the President)''; and
(B) in paragraph (2), by striking ``or the National
Reconnaissance Office'' and inserting ``the National
Reconnaissance Office, or the Executive Office of the
President''.
(2) Appointment of inspector general.--Not later than 120
days after the date of the enactment of this Act, the President
shall appoint an individual as the Inspector General of the
Executive Office of the President in accordance with the
requirements of section 3(a) of the Inspector General Act of
1978 (5 U.S.C. App.).
(b) Special Provisions.--The Inspector General Act of 1978 (5
U.S.C. App.) is amended by inserting after section 8M the following:
``SEC. 8N. SPECIAL PROVISIONS CONCERNING THE EXECUTIVE OFFICE OF THE
PRESIDENT.
``(a) Audits, Investigations, and Issuance of Subpoenas.--
``(1) Authority, direction, and control.--Notwithstanding
the last two sentences of section 3(a), the Inspector General
of the Executive Office of the President shall be under the
authority, direction, and control of the President with respect
to audits or investigations, or the issuance of subpoenas, that
require access to information concerning any of the following:
``(A) The identity of a confidential source,
including a protected witness.
``(B) An intelligence or counterintelligence
matter.
``(C) An undercover operation.
``(2) Prohibition in certain situations.--With respect to
the information described in paragraph (1), the President may
prohibit the Inspector General of the Executive Office of the
President from initiating, carrying out, or completing any
audit or investigation, or from issuing any subpoena, after the
Inspector General has decided to initiate, carry out, or
complete such audit or investigation, or to issue such
subpoena, if the President determines that such prohibition is
necessary to prevent the disclosure of any information
described in paragraph (1).
``(3) Notice after prohibition.--
``(A) To inspector general.--If the President
exercises any power under paragraph (2), not later than
30 days after exercising any such power, the President
shall notify the Inspector General of the Executive
Office of the President in writing, stating the reasons
for exercising that power.
``(B) To congress.--Not later than 30 days after
receiving a notice under subparagraph (A), the
Inspector General of the Executive Office of the
President shall transmit a copy of the notice to the
chair and ranking member of each of the following:
``(i) The Committee on Oversight and
Government Reform of the House of
Representatives.
``(ii) The Committee on the Judiciary of
the House of Representatives.
``(iii) The Committee on Homeland Security
and Governmental Affairs of the Senate.
``(iv) The Committee on the Judiciary of
the Senate.
``(v) Any other appropriate committee or
subcommittee of Congress.
``(b) Semiannual Reports.--
``(1) Additional information to be included.--Any
semiannual report prepared by the Inspector General of the
Executive Office of the President under section 5(a) shall also
include the following:
``(A) With respect to each significant
recommendation on which corrective action has been
completed, a description of the corrective action.
``(B) A certification of whether the Inspector
General of the Executive Office of the President has
had full and direct access to all information relevant
to the performance of the functions of the Inspector
General.
``(C) A description of any audit, inspection, or
evaluation occurring during the reporting period in
which the Inspector General of the Executive Office of
the President could not obtain relevant information due
to an exercise of power by the President under
subsection (a)(2).
``(D) Such recommendations as the Inspector General
of the Executive Office of the President considers
appropriate with respect to efficiency in the
administration of programs and operations undertaken by
the President, and the detection and elimination of
fraud, waste, and abuse in such programs and
operations.
``(2) Submission to president.--Notwithstanding section
5(b), the Inspector General of the Executive Office of the
President shall submit to the President the semiannual reports
prepared under section 5(a), including the additional
information required under paragraph (1), not later than April
30 and October 31 of each year.
``(3) Transmission to congress.--Not later than 30 days
after receiving a semiannual report under paragraph (2), the
President shall transmit the semiannual report, including any
comments the President considers appropriate, to the chair and
ranking member of each of the following:
``(A) The Committee on Oversight and Government
Reform of the House of Representatives.
``(B) The Committee on the Judiciary of the House
of Representatives.
``(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
``(D) The Committee on the Judiciary of the
Senate.''.
(c) Technical and Conforming Amendments.--The Inspector General Act
of 1978 (5 U.S.C. App.) is amended--
(1) by striking ``subpena'' each place the term appears and
inserting ``subpoena'';
(2) by striking ``subpenas'' each place the term appears
and inserting ``subpoenas'';
(3) in section 8G(a)(1)--
(A) by striking subparagraph (C); and
(B) by redesignating subparagraphs (D) through (F)
as subparagraphs (C) through (E), respectively; and
(4) in section 8J, by striking ``8E'' and all that follows
through ``this Act'' and inserting ``8E, 8F, 8H, or 8N of this
Act''.
(d) Over-Classification Audit.--
(1) Evaluations required.--The Inspector General of the
Executive Office of the President, in consultation with the
Information Security Oversight Office of the National Archives
and Records Administration, shall carry out two evaluations of
the Executive Office of the President--
(A) to assess whether applicable classification
policies, procedures, rules, and regulations have been
adopted, followed, and effectively administered within
the Executive Office of the President; and
(B) to identify policies, procedures, rules,
regulations, or management practices that may be
contributing to persistent misclassification of
material within the Executive Office of the President.
(2) Deadlines for evaluations.--
(A) Initial evaluation.--The first evaluation
required under paragraph (1) shall be completed not
later than one year after the date of the enactment of
this Act.
(B) Second evaluation.--The second evaluation
required under paragraph (1) shall review progress made
pursuant to the results of the first evaluation and
shall be completed not later than one year after the
date on which the first evaluation is completed.
(3) Coordination.--The Inspector General of the Executive
Office of the President shall coordinate with other Inspector
Generals and the Information Security Oversight Office to
ensure that evaluations follow a consistent methodology, as
appropriate, that allows for cross-agency comparisons.
(4) Reports required.--
(A) In general.--Not later than 45 days after the
completion of an evaluation, the Inspector General of
the Executive Office of the President shall submit to
the appropriate entities a report on that evaluation.
(B) Content.--Each report submitted under
subparagraph (A) shall include a description of--
(i) the policies, procedures, rules,
regulations, or management practices, if any,
identified by the Inspector General under
paragraph (1)(b); and
(ii) the recommendations, if any, of the
Inspector General to address any such
identified policies, procedures, rules,
regulations, or management practices.
(5) Appropriate entities defined.--In this subsection, the
term ``appropriate entities'' means each of the following:
(A) The Committee on Oversight and Government
Reform of the House of Representatives.
(B) The Committee on the Judiciary of the House of
Representatives.
(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(D) The Committee on the Judiciary of the Senate.
(E) Any other appropriate committee or subcommittee
of Congress.
(F) The President.
(G) The Director of the Information Security
Oversight Office. | Federal Executive Accountability Act of 2017 This bill requires the President to appoint an Inspector General of the Executive Office of the President. Such Inspector General shall be under the authority, direction, and control of the President with respect to audits, investigations, or the issuance of subpoenas that require access to information concerning the identity of a confidential source, an intelligence or counterintelligence matter, and an undercover operation. The President may prohibit such Inspector General from carrying out any audit or investigation or issuing any subpoena upon determining that such prohibition is necessary to prevent the disclosure of any such information. The bill amends the Inspector General Act of 1978 to require the Inspector General established by this bill to include the following additional information in its required semiannual report to the head of its establishment: a description of corrective action completed on each significant recommendation. A certification of whether such Inspector General has had full and direct access to all information relevant to the performance of its functions. A description of any audit, inspection, or evaluation occurring during the reporting period in which such Inspector General could not obtain relevant information due to an exercise of presidential power. And any recommendations regarding efficiency in the administration of programs and operations undertaken by the President and the detection and elimination of fraud, waste, and abuse. Such Inspector General shall carry out two evaluations of the Executive Office of the President to: (1) assess whether applicable classification procedures have been followed within such office. And (2) identify policies and procedures that may be contributing to persistent misclassification of material within such office. | Federal Executive Accountability Act of 2017 | 11,442 | 1,860 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Federal Executive Accountability Act of 2017". <SECTION-HEADER> OFFICE OF INSPECTOR GENERAL IN THE EXECUTIVE OFFICE OF THE PRESIDENT. Establishment. In general. Section 12 of the Inspector General Act of 1978 is amended in paragraph (1), by striking "or the Director of the National Reconnaissance Office" and inserting "the Director of the National Reconnaissance Office, or the President ". And in paragraph (2), by striking "or the National Reconnaissance Office" and inserting "the National Reconnaissance Office, or the Executive Office of the President". Appointment of inspector general. Not later than 120 days after the date of the enactment of this Act, the President shall appoint an individual as the Inspector General of the Executive Office of the President in accordance with the requirements of section 3(a) of the Inspector General Act of 1978 . Special Provisions. The Inspector General Act of 1978 is amended by inserting after section 8M the following: "Section 8N. SPECIAL PROVISIONS CONCERNING THE EXECUTIVE OFFICE OF THE PRESIDENT. Audits, Investigations, and Issuance of Subpoenas. Authority, direction, and control. Notwithstanding the last two sentences of section 3(a), the Inspector General of the Executive Office of the President shall be under the authority, direction, and control of the President with respect to audits or investigations, or the issuance of subpoenas, that require access to information concerning any of the following: The identity of a confidential source, including a protected witness. An intelligence or counterintelligence matter. An undercover operation. Prohibition in certain situations. With respect to the information described in paragraph (1), the President may prohibit the Inspector General of the Executive Office of the President from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, or to issue such subpoena, if the President determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph (1). Notice after prohibition. To inspector general. If the President exercises any power under paragraph (2), not later than 30 days after exercising any such power, the President shall notify the Inspector General of the Executive Office of the President in writing, stating the reasons for exercising that power. To congress. Not later than 30 days after receiving a notice under subparagraph (A), the Inspector General of the Executive Office of the President shall transmit a copy of the notice to the chair and ranking member of each of the following: The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. Any other appropriate committee or subcommittee of Congress. Semiannual Reports. Additional information to be included. Any semiannual report prepared by the Inspector General of the Executive Office of the President under section 5(a) shall also include the following: With respect to each significant recommendation on which corrective action has been completed, a description of the corrective action. A certification of whether the Inspector General of the Executive Office of the President has had full and direct access to all information relevant to the performance of the functions of the Inspector General. A description of any audit, inspection, or evaluation occurring during the reporting period in which the Inspector General of the Executive Office of the President could not obtain relevant information due to an exercise of power by the President under subsection (a)(2). Such recommendations as the Inspector General of the Executive Office of the President considers appropriate with respect to efficiency in the administration of programs and operations undertaken by the President, and the detection and elimination of fraud, waste, and abuse in such programs and operations. Submission to president. Notwithstanding section 5(b), the Inspector General of the Executive Office of the President shall submit to the President the semiannual reports prepared under section 5(a), including the additional information required under paragraph (1), not later than April 30 and October 31 of each year. Transmission to congress. Not later than 30 days after receiving a semiannual report under paragraph (2), the President shall transmit the semiannual report, including any comments the President considers appropriate, to the chair and ranking member of each of the following: The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate.". Technical and Conforming Amendments. The Inspector General Act of 1978 is amended by striking "subpena" each place the term appears and inserting "subpoena". By striking "subpenas" each place the term appears and inserting "subpoenas", in section 8G(a)(1) by striking subparagraph (C). And by redesignating subparagraphs (D) through (F) as subparagraphs (C) through (E), respectively. And in section 8J, by striking "8E" and all that follows through "this Act" and inserting "8E, 8F, 8H, or 8N of this Act". Over-Classification Audit. Evaluations required. The Inspector General of the Executive Office of the President, in consultation with the Information Security Oversight Office of the National Archives and Records Administration, shall carry out two evaluations of the Executive Office of the President to assess whether applicable classification policies, procedures, rules, and regulations have been adopted, followed, and effectively administered within the Executive Office of the President. And to identify policies, procedures, rules, regulations, or management practices that may be contributing to persistent misclassification of material within the Executive Office of the President. Deadlines for evaluations. Initial evaluation. The first evaluation required under paragraph (1) shall be completed not later than one year after the date of the enactment of this Act. Second evaluation. The second evaluation required under paragraph (1) shall review progress made pursuant to the results of the first evaluation and shall be completed not later than one year after the date on which the first evaluation is completed. Coordination. The Inspector General of the Executive Office of the President shall coordinate with other Inspector Generals and the Information Security Oversight Office to ensure that evaluations follow a consistent methodology, as appropriate, that allows for cross-agency comparisons. Reports required. In general. Not later than 45 days after the completion of an evaluation, the Inspector General of the Executive Office of the President shall submit to the appropriate entities a report on that evaluation. Content. Each report submitted under subparagraph (A) shall include a description of the policies, procedures, rules, regulations, or management practices, if any, identified by the Inspector General under paragraph (1)(b). And the recommendations, if any, of the Inspector General to address any such identified policies, procedures, rules, regulations, or management practices. Appropriate entities defined. In this subsection, the term "appropriate entities" means each of the following: The Committee on Oversight and Government Reform of the House of Representatives. The Committee on the Judiciary of the House of Representatives. The Committee on Homeland Security and Governmental Affairs of the Senate. The Committee on the Judiciary of the Senate. Any other appropriate committee or subcommittee of Congress. The President. The Director of the Information Security Oversight Office. | Federal Executive Accountability Act of 2017 This bill requires the President to appoint an Inspector General of the Executive Office of the President. Such Inspector General shall be under the authority, direction, and control of the President with respect to audits, investigations, or the issuance of subpoenas that require access to information concerning the identity of a confidential source, an intelligence or counterintelligence matter, and an undercover operation. The President may prohibit such Inspector General from carrying out any audit or investigation or issuing any subpoena upon determining that such prohibition is necessary to prevent the disclosure of any such information. The bill amends the Inspector General Act of 1978 to require the Inspector General established by this bill to include the following additional information in its required semiannual report to the head of its establishment: a description of corrective action completed on each significant recommendation. A certification of whether such Inspector General has had full and direct access to all information relevant to the performance of its functions. A description of any audit, inspection, or evaluation occurring during the reporting period in which such Inspector General could not obtain relevant information due to an exercise of presidential power. And any recommendations regarding efficiency in the administration of programs and operations undertaken by the President and the detection and elimination of fraud, waste, and abuse. Such Inspector General shall carry out two evaluations of the Executive Office of the President to: (1) assess whether applicable classification procedures have been followed within such office. And (2) identify policies and procedures that may be contributing to persistent misclassification of material within such office. | Federal Executive Accountability Act of 2017 |
111_hr6431 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Homeowners and
Foreclosure Stabilization Act of 2010''.
SEC. 2. PRESERVATION OF STAY OF FORECLOSURE OF PRINCIPAL RESIDENCE.
Section 362(d) of title 11, the United States Code, is amended in
paragraph (1) by inserting ``(excluding a stay of the foreclosure of
the principal residence of the debtor)'' after ``stay'' the first place
it appears.
SEC. 3. AUTHORITY TO MODIFY CERTAIN MORTGAGES.
Section 1322 of title 11, United States Code, is amended--
(1) in subsection (b)--
(A) by redesignating paragraph (11) as paragraph
(12),
(B) in paragraph (10) by striking ``and'' at the
end, and
(C) by inserting after paragraph (10) the
following:
``(11) notwithstanding paragraph (2) and otherwise
applicable nonbankruptcy law, with respect to a claim for a
loan originated before the effective date of this paragraph and
secured by a security interest in the debtor's principal
residence that is the subject of a notice that a foreclosure
may be commenced with respect to such loan, modify the rights
of the holder of such claim (and the rights of the holder of
any claim secured by a subordinate security interest in such
residence)--
``(A) if any applicable rate of interest is
adjustable under the terms of such security interest by
prohibiting, reducing, or delaying adjustments to such
rate of interest applicable on and after the date of
filing of the plan;
``(B) by modifying the terms and conditions of such
loan to provide for the payment of interest accruing
after the date of the order for relief under this
chapter at a fixed annual rate equal to the currently
applicable average prime offer rate as of the date of
the order for relief under this chapter, corresponding
to the repayment term determined under the preceding
paragraph, as published by the Federal Financial
Institutions Examination Council in its table entitled
`Average Prime Offer Rates--Fixed', plus a reasonable
premium for risk; and
``(C) by providing for payments of such modified
loan directly to the holder of such claim; and'', and
(2) by adding at the end the following:
``(g) A claim may be reduced under subsection (b)(11)(A) only on
the condition that if the debtor sells the principal residence securing
such claim, before receiving a discharge under this chapter and
receives net proceeds from the sale of such residence, then the debtor
agrees to pay to such holder if such residence is sold in the 10-year
period beginning on the effective date of the plan, 30 percent of the
capital gains, if any, as defined in section 1001 of the Internal
Revenue Code of 1986.''.
SEC. 4. EXTENDED PERIOD FOR FILING CERTAIN CHAPTER 13 PLANS.
If the debtor's plan modifies the rights of a holder of a claim
under section 1322(b)(11), then for purposes of rule 3015(b) of the
Federal Rules of Bankruptcy Procedure a reference to ``14 days'' shall
be deemed to be a reference to ``30 days''.
SEC. 5. EXEMPTION FROM COUNSELING REQUIREMENT.
Section 109(h) of title 11, the United States Code, is amended--
(1) in paragraph (1) by striking ``(2) and (3)'' and
inserting ``(2), (3), (4), and (5)''; and
(2) by adding at the end the following:
``(5) The requirements of paragraph (1) shall not apply with
respect to a debtor whose principal residence is the subject of a
notice of foreclosure (or similar notice under State law).''.
SEC. 6. REQUIREMENT TO REQUEST MODIFICATION.
Section 521(a) of title 11, the United States Code, is amended--
(1) in paragraph (6) by striking ``and'' at the end,
(2) in paragraph (7) by striking the period at the end, and
(3) and inserting after paragraph (7) the following:
``(8) in a voluntary case under chapter 13 in which there
is a debt secured by a lien on the principal residence of the
debtor, certify under penalty of perjury that before the filing
of the petition debtor requested that the holder of the claim
for such debt modify such debt.''.
SEC. 7. RULE OF CONSTRUCTION.
Nothing in this Act or the amendments made by this Act shall be
construed to modify any obligation of the Federal Housing
Administration, the Veterans Administration, or the Department of
Agriculture under a contract that guarantees or insures the payment of
any part of a loan secured by a security interest in a principal
residence.
SEC. 8. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Effective Date.--Except as provided in subsection (b), this and
the amendments made by this shall take effect on the date of the
enactment of this Act.
(b) Application of Amendments.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this Act shall apply with respect to cases
commenced under title 11 of the United States Code before, on,
or after the date of the enactment of this Act.
(2) Limitation.--Paragraph (1) shall not apply with respect
to cases closed under title 11 of the United States Code as of
the date of the enactment of this Act that are neither pending
on appeal in, nor appealable to, any court of the United
States. | Protecting Homeowners and Foreclosure Stabilization Act of 2010 - Amends the bankruptcy code to make an exception to the requirement that the bankruptcy court grant relief from a stay, on the request of a party in interest, by terminating, annulling, modifying, or conditioning the stay for cause, including the lack of adequate protection of an interest in property of that party in interest. Excludes from mandatory relief from a stay on these grounds any stay of the foreclosure of the debtor's principal residence. Amends Chapter 13 of the bankruptcy code with respect to discretionary contents of the debtor's plan for adjustments of his or her debts. Allows the plan, subject to certain conditions, to modify the rights of the holder of a claim for a loan: (1) originated before the effective date of this Act, and (2) secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure on the loan may be commenced. Specifies as such conditions that the plan: (1) prohibits, reduces, or delays any otherwise permissible adjustments to the interest rate applicable on and after the date of the filing of the plan. (2) modifies the terms and conditions of the loan to provide for the payment of interest accruing after the date of the order for relief at a fixed annual rate equal to a specified rate, plus a reasonable premium for risk. And (3) provides for payments of the modified loan directly to the claim holder. Allows a claim to be reduced under this Act only on the condition that, if the debtor sells the principal residence securing the claim before receiving a discharge from debt, and receives net proceeds from that sale, then the debtor agrees to pay the claim holder 30 of the capital gains if the residence is sold within 10 years after the plan's effective date. Extends from 14 to 30 days the deadline, under the Federal Rules of Bankruptcy Procedure, for the filing of a debtor's plan after the filing of a Chapter 13 petition, if the debtor's plan would modify the rights of a claim holder pursuant to this Act. Exempts from the credit counseling requirement any debtor whose principal residence is the subject of a notice of foreclosure . Makes it one of the duties of a debtor in a voluntary case under chapter 13, in which a debt is secured by a lien on the debtor's principal residence, to certify under penalty of perjury that, before the filing of the petition, the debtor requested the holder of the claim for such debt to modify the debt. | To amend title 11 of the United States Code to modify the application of chapter 13 with respect to principal residences that are the subject of foreclosure. | 5,827 | 2,522 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Protecting Homeowners and Foreclosure Stabilization Act of 2010". <SECTION-HEADER> PRESERVATION OF STAY OF FORECLOSURE OF PRINCIPAL RESIDENCE. Section 362(d) of title 11, the United States Code, is amended in paragraph (1) by inserting "" after "stay" the first place it appears. <SECTION-HEADER> AUTHORITY TO MODIFY CERTAIN MORTGAGES. Section 1322 of title 11, United States Code, is amended in subsection (b) by redesignating paragraph (11) as paragraph , in paragraph (10) by striking "and" at the end, and by inserting after paragraph (10) the following: notwithstanding paragraph (2) and otherwise applicable nonbankruptcy law, with respect to a claim for a loan originated before the effective date of this paragraph and secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure may be commenced with respect to such loan, modify the rights of the holder of such claim if any applicable rate of interest is adjustable under the terms of such security interest by prohibiting, reducing, or delaying adjustments to such rate of interest applicable on and after the date of filing of the plan. By modifying the terms and conditions of such loan to provide for the payment of interest accruing after the date of the order for relief under this chapter at a fixed annual rate equal to the currently applicable average prime offer rate as of the date of the order for relief under this chapter, corresponding to the repayment term determined under the preceding paragraph, as published by the Federal Financial Institutions Examination Council in its table entitled `Average Prime Offer Rates Fixed', plus a reasonable premium for risk. And by providing for payments of such modified loan directly to the holder of such claim. And", and by adding at the end the following: A claim may be reduced under subsection (b)(11)(A) only on the condition that if the debtor sells the principal residence securing such claim, before receiving a discharge under this chapter and receives net proceeds from the sale of such residence, then the debtor agrees to pay to such holder if such residence is sold in the 10-year period beginning on the effective date of the plan, 30 percent of the capital gains, if any, as defined in section 1001 of the Internal Revenue Code of 1986.". <SECTION-HEADER> EXTENDED PERIOD FOR FILING CERTAIN CHAPTER 13 PLANS. If the debtor's plan modifies the rights of a holder of a claim under section 1322(b)(11), then for purposes of rule 3015(b) of the Federal Rules of Bankruptcy Procedure a reference to "14 days" shall be deemed to be a reference to "30 days". <SECTION-HEADER> EXEMPTION FROM COUNSELING REQUIREMENT. Section 109(h) of title 11, the United States Code, is amended in paragraph (1) by striking "(2) and (3)" and inserting "(2), (3), (4), and (5)". And by adding at the end the following: The requirements of paragraph (1) shall not apply with respect to a debtor whose principal residence is the subject of a notice of foreclosure .". <SECTION-HEADER> REQUIREMENT TO REQUEST MODIFICATION. Section 521(a) of title 11, the United States Code, is amended in paragraph (6) by striking "and" at the end, in paragraph (7) by striking the period at the end, and and inserting after paragraph (7) the following: in a voluntary case under chapter 13 in which there is a debt secured by a lien on the principal residence of the debtor, certify under penalty of perjury that before the filing of the petition debtor requested that the holder of the claim for such debt modify such debt.". <SECTION-HEADER> RULE OF CONSTRUCTION. Nothing in this Act or the amendments made by this Act shall be construed to modify any obligation of the Federal Housing Administration, the Veterans Administration, or the Department of Agriculture under a contract that guarantees or insures the payment of any part of a loan secured by a security interest in a principal residence. <SECTION-HEADER> EFFECTIVE DATE. APPLICATION OF AMENDMENTS. Effective Date. Except as provided in subsection (b), this and the amendments made by this shall take effect on the date of the enactment of this Act. Application of Amendments. In general. Except as provided in paragraph (2), the amendments made by this Act shall apply with respect to cases commenced under title 11 of the United States Code before, on, or after the date of the enactment of this Act. Limitation. Paragraph (1) shall not apply with respect to cases closed under title 11 of the United States Code as of the date of the enactment of this Act that are neither pending on appeal in, nor appealable to, any court of the United States. | Protecting Homeowners and Foreclosure Stabilization Act of 2010 - Amends the bankruptcy code to make an exception to the requirement that the bankruptcy court grant relief from a stay, on the request of a party in interest, by terminating, annulling, modifying, or conditioning the stay for cause, including the lack of adequate protection of an interest in property of that party in interest. Excludes from mandatory relief from a stay on these grounds any stay of the foreclosure of the debtor's principal residence. Amends Chapter 13 of the bankruptcy code with respect to discretionary contents of the debtor's plan for adjustments of his or her debts. Allows the plan, subject to certain conditions, to modify the rights of the holder of a claim for a loan: (1) originated before the effective date of this Act, and (2) secured by a security interest in the debtor's principal residence that is the subject of a notice that a foreclosure on the loan may be commenced. Specifies as such conditions that the plan: (1) prohibits, reduces, or delays any otherwise permissible adjustments to the interest rate applicable on and after the date of the filing of the plan. (2) modifies the terms and conditions of the loan to provide for the payment of interest accruing after the date of the order for relief at a fixed annual rate equal to a specified rate, plus a reasonable premium for risk. And (3) provides for payments of the modified loan directly to the claim holder. Allows a claim to be reduced under this Act only on the condition that, if the debtor sells the principal residence securing the claim before receiving a discharge from debt, and receives net proceeds from that sale, then the debtor agrees to pay the claim holder 30 of the capital gains if the residence is sold within 10 years after the plan's effective date. Extends from 14 to 30 days the deadline, under the Federal Rules of Bankruptcy Procedure, for the filing of a debtor's plan after the filing of a Chapter 13 petition, if the debtor's plan would modify the rights of a claim holder pursuant to this Act. Exempts from the credit counseling requirement any debtor whose principal residence is the subject of a notice of foreclosure . Makes it one of the duties of a debtor in a voluntary case under chapter 13, in which a debt is secured by a lien on the debtor's principal residence, to certify under penalty of perjury that, before the filing of the petition, the debtor requested the holder of the claim for such debt to modify the debt. | To amend title 11 of the United States Code to modify the application of chapter 13 with respect to principal residences that are the subject of foreclosure. |
107_hr2920 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Bulk Cash Smuggling Act of 2001''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds the following:
(1) Effective enforcement of the currency reporting
requirements of subchapter II of chapter 53 of title 31, United
States Code, and the regulations prescribed under such
subchapter, has forced drug dealers and other criminals engaged
in cash-based businesses to avoid using traditional financial
institutions.
(2) In their effort to avoid using traditional financial
institutions, drug dealers and other criminals are forced to
move large quantities of currency in bulk form to and through
the airports, border crossings, and other ports of entry where
the currency can be smuggled out of the United States and
placed in a foreign financial institution or sold on the black
market.
(3) The transportation and smuggling of cash in bulk form
may now be the most common form of money laundering, and the
movement of large sums of cash is one of the most reliable
warning signs of drug trafficking, terrorism, money laundering,
racketeering, tax evasion and similar crimes.
(4) The intentional transportation into or out of the
United States of large amounts of currency or monetary
instruments, in a manner designed to circumvent the mandatory
reporting provisions of subchapter II of chapter 53 of title
31, United States Code, is the equivalent of, and creates the
same harm as, the smuggling of goods.
(5) The arrest and prosecution of bulk cash smugglers are
important parts of law enforcement's effort to stop the
laundering of criminal proceeds, but the couriers who attempt
to smuggle the cash out of the United States are typically low-
level employees of large criminal organizations, and thus are
easily replaced. Accordingly, only the confiscation of the
smuggled bulk cash can effectively break the cycle of criminal
activity of which the laundering of the bulk cash is a critical
part.
(6) The current penalties for violations of the currency
reporting requirements are insufficient to provide a deterrent
to the laundering of criminal proceeds. In particular, in cases
where the only criminal violation under current law is a
reporting offense, the law does not adequately provide for the
confiscation of smuggled currency. In contrast, if the
smuggling of bulk cash were itself an offense, the cash could
be confiscated as the corpus delicti of the smuggling offense.
(b) Purposes.--The purposes of this Act are as follows:
(1) To make the act of smuggling bulk cash itself a
criminal offense.
(2) To authorize forfeiture of any smuggled cash and other
monetary instruments, together with any other property involved
in the smuggling offense.
(3) To emphasize the seriousness of the act of bulk cash
smuggling.
(4) To prescribe guidelines for determining the amount of
property subject to forfeiture in various situations.
SEC. 3. BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES.
(a) Enactment of Bulk Cash Smuggling Offense.--Subchapter II of
chapter 53 of title 31, United States Code, is amended by adding at the
end the following:
``Sec. 5331. Bulk cash smuggling into or out of the United States
``(a) Criminal Offense.--
``(1) In general.--Whoever, with the intent to evade a
currency reporting requirement under section 5316, knowingly
conceals more than $10,000 in currency or other monetary
instruments on the person of such individual or in any
conveyance, article of luggage, merchandise, or other
container, and transports or transfers or attempts to transport
or transfer such currency or monetary instruments from a place
within the United States to a place outside of the United
States, or from a place outside the United States to a place
within the United States, shall be guilty of a currency
smuggling offense and subject to punishment pursuant to
subsection (b).
``(2) Concealment on person.--For purposes of this section,
the concealment of currency on the person of any individual
includes concealment in any article of clothing worn by the
individual or in any luggage, backpack, or other container worn
or carried by such individual.
``(b) Penalty.--
``(1) Term of imprisonment.--A person convicted of a
currency smuggling offense under subsection (a), or a
conspiracy to commit such offense, shall be imprisoned for not
more than 5 years.
``(2) Forfeiture.--In addition, the court, in imposing
sentence under paragraph (1), shall order that the defendant
forfeit to the United States, any property, real or personal,
involved in the offense, and any property traceable to such
property, subject to subsection (d) of this section.
``(3) Procedure.--The seizure, restraint, and forfeiture of
property under this section shall be governed by section 413 of
the Controlled Substances Act.
``(4) Personal money judgment.--If the property subject to
forfeiture under paragraph (2) is unavailable, and the
defendant has insufficient substitute property that may be
forfeited pursuant to section 413(p) of the Controlled
Substances Act, the court shall enter a personal money judgment
against the defendant for the amount that would be subject to
forfeiture.
``(c) Civil Forfeiture.--
``(1) In general.--Any property involved in a violation of
subsection (a), or a conspiracy to commit such violation, and
any property traceable to such violation or conspiracy, may be
seized and, subject to subsection (d) of this section,
forfeited to the United States.
``(2) Procedure.--The seizure and forfeiture shall be
governed by the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
``(3) Treatment of certain property as involved in the
offense.--For purposes of this subsection and subsection (b),
any currency or other monetary instrument that is concealed or
intended to be concealed in violation of subsection (a) or a
conspiracy to commit such violation, any article, container, or
conveyance used, or intended to be used, to conceal or
transport the currency or other monetary instrument, and any
other property used, or intended to be used, to facilitate the
offense, shall be considered property involved in the offense.
``(d) Proportionality of Forfeiture.--
``(1) In general.--Upon a showing by the property owner by
a preponderance of the evidence that the currency or monetary
instruments involved in the offense giving rise to the
forfeiture were derived from a legitimate source, and were
intended for a lawful purpose, the court shall reduce the
forfeiture to the maximum amount that is not grossly
disproportional to the gravity of the offense.
``(2) Factors to be considered.--In determining the amount
of the forfeiture, the court shall consider all aggravating and
mitigating facts and circumstances that have a bearing on the
gravity of the offense, including the following:
``(A) The value of the currency or other monetary
instruments involved in the offense.
``(B) Efforts by the person committing the offense
to structure currency transactions, conceal property,
or otherwise obstruct justice.
``(C) Whether the offense is part of a pattern of
repeated violations of Federal law.''.
(b) Conforming Amendment.--The table of sections for subchapter II
of chapter 53 of title 31, United States Code, is amended by inserting
after the item relating to section 5330, the following new item:
``5331. Bulk cash smuggling into or out of the United States.''.
SEC. 4. FORFEITURE IN CURRENCY REPORTING CASES.
(a) In General.--Subsection (c) of section 5317 of title 31, United
States Code, is amended to read as follows:
``(c) Forfeiture.--
``(1) In general.--The court in imposing sentence for any
violation of section 5313, 5316, or 5324, or any conspiracy to
commit such violation, shall order the defendant to forfeit all
property, real or personal, involved in the offense and any
property traceable thereto.
``(2) Procedure.--Forfeitures under this subsection shall
be governed by the procedures established in section 413 of the
Controlled Substances Act and the guidelines established in
paragraph (4).
``(3) Civil forfeiture.--Any property involved in a
violation of section 5313, 5316, or 5324, or any conspiracy to
commit any such violation, and any property traceable to any
such violation or conspiracy, may be seized and, subject to
paragraph (4), forfeited to the United States in accordance
with the procedures governing civil forfeitures in money
laundering cases pursuant to section 981(a)(1)(A) of title 18,
United States Code.
``(4) Proportionality of forfeiture.--
``(A) In general.--Upon a showing by the property
owner by a preponderance of the evidence that any
currency or monetary instruments involved in the
offense giving rise to the forfeiture were derived from
a legitimate source, and were intended for a lawful
purpose, the court shall reduce the forfeiture to the
maximum amount that is not grossly disproportional to
the gravity of the offense.
``(B) Factors to be considered.--In determining the
amount of the forfeiture, the court shall consider all
aggravating and mitigating facts and circumstances that
have a bearing on the gravity of the offense, including
the following:
``(i) The value of the currency or other
monetary instruments involved in the offense.
``(ii) Efforts by the person committing the
offense to structure currency transactions,
conceal property, or otherwise obstruct
justice.
``(iii) Whether the offense is part of a
pattern of repeated violations of Federal
law.''.
(b) Conforming Amendments.--(1) Section 981(a)(1)(A) of title 18,
United States Code, is amended by striking ``of section 5313(a) or
5324(a) of title 31, or''.
(2) Section 982(a)(1) of title 18, United States Code, is amended
by striking ``of 5313(a), 5316, or 5324 of title 31, or''. | Bulk Cash Smuggling Act of 2001 - Amends Federal law governing monetary transactions to establish as a bulk cash smuggling offense the knowing concealment and attempted transport across US borders, with intent to evade specified currency reporting requirements, of currency and monetary instruments in excess of $10,000. Sets forth imprisonment and civil forfeiture penalties. | To amend title 31, United States Code, to prevent the smuggling of large amounts of currency or monetary instruments into or out of the United States, and for other purposes. | 11,733 | 376 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Bulk Cash Smuggling Act of 2001". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. The Congress finds the following: Effective enforcement of the currency reporting requirements of subchapter II of chapter 53 of title 31, United States Code, and the regulations prescribed under such subchapter, has forced drug dealers and other criminals engaged in cash-based businesses to avoid using traditional financial institutions. In their effort to avoid using traditional financial institutions, drug dealers and other criminals are forced to move large quantities of currency in bulk form to and through the airports, border crossings, and other ports of entry where the currency can be smuggled out of the United States and placed in a foreign financial institution or sold on the black market. The transportation and smuggling of cash in bulk form may now be the most common form of money laundering, and the movement of large sums of cash is one of the most reliable warning signs of drug trafficking, terrorism, money laundering, racketeering, tax evasion and similar crimes. The intentional transportation into or out of the United States of large amounts of currency or monetary instruments, in a manner designed to circumvent the mandatory reporting provisions of subchapter II of chapter 53 of title 31, United States Code, is the equivalent of, and creates the same harm as, the smuggling of goods. The arrest and prosecution of bulk cash smugglers are important parts of law enforcement's effort to stop the laundering of criminal proceeds, but the couriers who attempt to smuggle the cash out of the United States are typically low- level employees of large criminal organizations, and thus are easily replaced. Accordingly, only the confiscation of the smuggled bulk cash can effectively break the cycle of criminal activity of which the laundering of the bulk cash is a critical part. The current penalties for violations of the currency reporting requirements are insufficient to provide a deterrent to the laundering of criminal proceeds. In particular, in cases where the only criminal violation under current law is a reporting offense, the law does not adequately provide for the confiscation of smuggled currency. In contrast, if the smuggling of bulk cash were itself an offense, the cash could be confiscated as the corpus delicti of the smuggling offense. Purposes. The purposes of this Act are as follows: To make the act of smuggling bulk cash itself a criminal offense. To authorize forfeiture of any smuggled cash and other monetary instruments, together with any other property involved in the smuggling offense. To emphasize the seriousness of the act of bulk cash smuggling. To prescribe guidelines for determining the amount of property subject to forfeiture in various situations. <SECTION-HEADER> BULK CASH SMUGGLING INTO OR OUT OF THE UNITED STATES. Enactment of Bulk Cash Smuggling Offense. Subchapter II of chapter 53 of title 31, United States Code, is amended by adding at the end the following: "Section 5331. Bulk cash smuggling into or out of the United States Criminal Offense. In general. Whoever, with the intent to evade a currency reporting requirement under section 5316, knowingly conceals more than $10,000 in currency or other monetary instruments on the person of such individual or in any conveyance, article of luggage, merchandise, or other container, and transports or transfers or attempts to transport or transfer such currency or monetary instruments from a place within the United States to a place outside of the United States, or from a place outside the United States to a place within the United States, shall be guilty of a currency smuggling offense and subject to punishment pursuant to subsection (b). Concealment on person. For purposes of this section, the concealment of currency on the person of any individual includes concealment in any article of clothing worn by the individual or in any luggage, backpack, or other container worn or carried by such individual. Penalty. Term of imprisonment. A person convicted of a currency smuggling offense under subsection (a), or a conspiracy to commit such offense, shall be imprisoned for not more than 5 years. Forfeiture. In addition, the court, in imposing sentence under paragraph (1), shall order that the defendant forfeit to the United States, any property, real or personal, involved in the offense, and any property traceable to such property, subject to subsection (d) of this section. Procedure. The seizure, restraint, and forfeiture of property under this section shall be governed by section 413 of the Controlled Substances Act. Personal money judgment. If the property subject to forfeiture under paragraph (2) is unavailable, and the defendant has insufficient substitute property that may be forfeited pursuant to section 413(p) of the Controlled Substances Act, the court shall enter a personal money judgment against the defendant for the amount that would be subject to forfeiture. Civil Forfeiture. In general. Any property involved in a violation of subsection (a), or a conspiracy to commit such violation, and any property traceable to such violation or conspiracy, may be seized and, subject to subsection (d) of this section, forfeited to the United States. Procedure. The seizure and forfeiture shall be governed by the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. Treatment of certain property as involved in the offense. For purposes of this subsection and subsection (b), any currency or other monetary instrument that is concealed or intended to be concealed in violation of subsection (a) or a conspiracy to commit such violation, any article, container, or conveyance used, or intended to be used, to conceal or transport the currency or other monetary instrument, and any other property used, or intended to be used, to facilitate the offense, shall be considered property involved in the offense. Proportionality of Forfeiture. In general. Upon a showing by the property owner by a preponderance of the evidence that the currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source, and were intended for a lawful purpose, the court shall reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. Factors to be considered. In determining the amount of the forfeiture, the court shall consider all aggravating and mitigating facts and circumstances that have a bearing on the gravity of the offense, including the following: The value of the currency or other monetary instruments involved in the offense. Efforts by the person committing the offense to structure currency transactions, conceal property, or otherwise obstruct justice. Whether the offense is part of a pattern of repeated violations of Federal law.". Conforming Amendment. The table of sections for subchapter II of chapter 53 of title 31, United States Code, is amended by inserting after the item relating to section 5330, the following new item: "5331. Bulk cash smuggling into or out of the United States.". <SECTION-HEADER> FORFEITURE IN CURRENCY REPORTING CASES. In General. Subsection (c) of section 5317 of title 31, United States Code, is amended to read as follows: Forfeiture. In general. The court in imposing sentence for any violation of section 5313, 5316, or 5324, or any conspiracy to commit such violation, shall order the defendant to forfeit all property, real or personal, involved in the offense and any property traceable thereto. Procedure. Forfeitures under this subsection shall be governed by the procedures established in section 413 of the Controlled Substances Act and the guidelines established in paragraph (4). Civil forfeiture. Any property involved in a violation of section 5313, 5316, or 5324, or any conspiracy to commit any such violation, and any property traceable to any such violation or conspiracy, may be seized and, subject to paragraph (4), forfeited to the United States in accordance with the procedures governing civil forfeitures in money laundering cases pursuant to section 981(a)(1)(A) of title 18, United States Code. Proportionality of forfeiture. In general. Upon a showing by the property owner by a preponderance of the evidence that any currency or monetary instruments involved in the offense giving rise to the forfeiture were derived from a legitimate source, and were intended for a lawful purpose, the court shall reduce the forfeiture to the maximum amount that is not grossly disproportional to the gravity of the offense. Factors to be considered. In determining the amount of the forfeiture, the court shall consider all aggravating and mitigating facts and circumstances that have a bearing on the gravity of the offense, including the following: The value of the currency or other monetary instruments involved in the offense. Efforts by the person committing the offense to structure currency transactions, conceal property, or otherwise obstruct justice. Whether the offense is part of a pattern of repeated violations of Federal law.". Conforming Amendments. (1) Section 981(a)(1)(A) of title 18, United States Code, is amended by striking "of section 5313(a) or 5324(a) of title 31, or". Section 982(a)(1) of title 18, United States Code, is amended by striking "of 5313(a), 5316, or 5324 of title 31, or". | Bulk Cash Smuggling Act of 2001 - Amends Federal law governing monetary transactions to establish as a bulk cash smuggling offense the knowing concealment and attempted transport across US borders, with intent to evade specified currency reporting requirements, of currency and monetary instruments in excess of $10,000. Sets forth imprisonment and civil forfeiture penalties. | To amend title 31, United States Code, to prevent the smuggling of large amounts of currency or monetary instruments into or out of the United States, and for other purposes. |
105_hr4756 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Year 2000 Preparedness Act of
1998''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``end-to-end testing'' means testing data
exchange software with respect to--
(A) the initiation of the exchange by sending
computers;
(B) transmission through intermediate
communications software and hardware; and
(C) receipt and acceptance by receiving computers;
(2) the term ``small and medium-sized businesses'' means
businesses with less than 500 employees;
(3) the term ``Year 2000 compliant'' means, with respect to
information technology, that the information technology
accurately processes (including calculating, comparing, and
sequencing) date and time data from, into, and between the 20th
and 21st centuries and the years 1999 and 2000, and leap year
calculations, to the extent that other information technology
properly exchanges date and time data with it;
(4) the term ``Year 2000 computer problem'' means, with
respect to information technology, any problem which prevents
such technology from accurately processing, calculating,
comparing, or sequencing date or time data--
(A) from, into, or between--
(i) the 20th and 21st centuries; or
(ii) the years 1999 and 2000;
(B) with regard to leap year calculations; or
(C) with regard to such other dates as the Year
2000 Conversion Council may identify and designate; and
(5) the term ``Year 2000 Conversion Council'' means the
President's Council on Year 2000 Conversion established under
section 2 of Executive Order No. 13073, issued on February 4,
1998;
SEC. 3. CRITICAL GOVERNMENT SERVICES.
The President shall provide for the acceleration of the development
of business continuity plans by Federal agencies necessary to ensure
the uninterrupted delivery by those agencies of critical mission-
related services.
SEC. 4. SENSE OF THE CONGRESS.
It is the sense of the Congress that--
(1) the President should take a high profile national
leadership position to aggressively promote Year 2000 date
change awareness for information technology systems and
sensitive infrastructure applications;
(2) the President should authorize the Chair of the Year
2000 Conversion Council to take a leadership role in resolving
Year 2000 issues in any critical Federal civilian agency system
that is in jeopardy because of ineffective management of not
meeting the January 1, 2000, deadline with respect to the Year
2000 computer problem;
(3) consistent with the spirit of the Government
Performance and Results Act of 1993, the Chair of the Year 2000
Conversion Council, in consultation with the President's
Council on Infrastructure Assurance, officers of the Federal
Government and of State and local governments, and
representatives of the private sector, should work toward a
national strategy to assure that the critical infrastructures
and key sectors of the economy will be prepared for the Year
2000 date change, with such strategy including, for each
sector, goals appropriate to each;
(4) the Chair of the Year 2000 Conversion Council is making
a significant contribution to Year 2000 computer problem
awareness by scheduling a National Y2K Action Week for October
19 through 23, 1998;
(5) the Small Business Administration, the Department of
Commerce, the Department of Agriculture, and other appropriate
Federal agencies should undertake maximum efforts to assist
American family businesses and farmers in assessing their
exposure to the Year 2000 computer problem, undertaking the
necessary remedial steps, and formulating contingency plans;
and
(6) State and local governments, as well as private sector
industry groups and companies, should find ways to participate
in this effort to prepare the American economy for the year
2000.
SEC. 5. AGENCY REPORTS.
All Federal agency reports to the Office of Management and Budget
relating to the Year 2000 computer problem shall be concurrently
transmitted to the Congress, including all Federal agency monthly
submissions to the Office of Management and Budget.
SEC. 6. GUIDELINES.
The Chair of the Year 2000 Conversion Council is encouraged to
develop, in consultation with industry, guidelines of best practices
and standards for remediation and validation with respect to the Year
2000 computer problem to provide better direction for government and
private sector efforts.
SEC. 7. NATIONAL ASSESSMENT OF YEAR 2000 COMPUTER PROBLEM.
The Chair of the Year 2000 Conversion Council shall submit to the
Congress any national assessment of the Year 2000 computer problem,
conducted through or in conjunction with the Year 2000 Conversion
Council, covering all critical national infrastructures and key sectors
of the economy, including banking and finance, energy,
telecommunications, transportation, and vital human services which
protect the public health and safety, the water supply, housing and
public buildings, and the environment.
SEC. 8. FEDERAL AGENCY ACTIONS.
To ensure that all computer operations and processing can be
provided without interruption by Federal agencies after December 31,
1999, the head of each Federal agency shall--
(1) take actions necessary to ensure that all systems and
hardware administered by the agency are Year 2000 compliant, to
the extent necessary to ensure that no significant disruption
of the operations of the agency or of the agency's data
exchange partners occurs, including--
(A) establishing, before March 1, 1999, schedules
for testing and implementing new data exchange formats
for completing all data exchange corrections, which may
include national test days for end-to-end testing of
critical processes and associated data exchanges
affecting Federal, State, and local governments;
(B) notifying data exchange partners of the
implications to the agency and the exchange partners if
they do not make appropriate date conversion
corrections in time to meet the Federal schedule for
implementing and testing Year 2000 compliant data
exchange processes;
(C) giving priority to installing filters necessary
to prevent the corruption of mission-critical systems
from data exchanges with noncompliant systems; and
(D) developing and implementing, as part of the
agency's continuity and contingency planning efforts,
specific provisions for data exchanges that may fail,
including strategies to mitigate operational
disruptions if data exchange partners do not make
timely date conversion corrections;
(2) beginning not later than 30 days after the date of the
enactment of this Act, convene meetings at least quarterly with
representatives of the agency's data exchange partners to
assess implementation progress; and
(3) after each meeting convened pursuant to paragraph (2),
transmit to the Congress a report summarizing--
(A) the results of that meeting; and
(B) the status of the agency's completion of key
data exchange corrections, including the extent of data
exchange inventoried, an assessment of data exchange
formats agreed to with data exchange partners, testing
and implementation schedules, and testing and
implementation completed.
SEC. 9. ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES.
To ensure that the Nation's small and medium-sized businesses are
prepared to meet the Year 2000 computer problem challenge, the National
Institute of Standards and Technology, in conjunction with the Small
Business Administration, shall develop a Year 2000 compliance outreach
program to assist small and medium-sized businesses. Such program shall
include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) an explanation of the Year 2000 computer problem and an
identification of best practices for resolving the problem;
(3) a list of Federal Government Year 2000 information
resources; and
(4) a list of Year 2000 compliant products provided by the
General Services Administration.
SEC. 10. CONSUMER AWARENESS.
To ensure that the Nation's consumers are aware of and prepared to
meet the Year 2000 computer problem challenge, the Under Secretary of
Commerce for Technology, in consultation with the Consumer Product
Safety Commission and the Federal Trade Commission, shall develop a
Year 2000 consumer awareness program to assist the public in becoming
aware of the implications of the Year 2000 computer problem. Such
program shall include--
(1) the development of a Year 2000 self-assessment
checklist;
(2) a list of Federal Government Year 2000 computer problem
information resources;
(3) a list of Year 2000 compliant products provided by the
General Services Administration;
(4) a series of public awareness announcements or seminars
on the impact of the Year 2000 computer problem on consumer
products and services; and
(5) a series of public awareness announcements or seminars
on the potential effect that the Year 2000 computer problem
could have on the provision of services by the Federal
Government to the public, and the progress made in resolving
the problem by the Federal agencies providing those services.
Passed the House of Representatives October 13, 1998.
Attest:
Clerk. | Year 2000 Preparedness Act of 1998 - Directs the President to provide for the acceleration of the development of business continuity plans by Federal agencies to ensure the uninterrupted delivery by those agencies of critical mission-related services. Expresses the sense of the Congress that: (1) the President should aggressively promote Year 2000 date change awareness for information technology systems and sensitive infrastructure applications. (2) the President should authorize the Chair of the Year 2000 Conversion Council to take a leadership role in resolving Year 2000 (Y2K) issues of any critical Federal agency system that is in jeopardy of not meeting the January 1, 2000 deadline. (3) the Chair should work toward a national strategy to assure that the critical infrastructures and key sectors of the economy will be prepared for the Year 2000 date change. (4) the Chair is making a significant contribution to Y2K problem awareness by scheduling a National Y2K Action Week for October 19 through 23, 1998. (5) the Small Business Administration (SBA), the Department of Commerce, the Department of Agriculture, and other Federal agencies should undertake maximum efforts to assist American family businesses and farmers in assessing their exposure to the Y2K problem, undertaking necessary remedial steps, and formulating contingency plans. And (6) State and local governments, as well as private sector industry groups and companies, should participate in the effort to prepare the American economy for the year 2000. Provides for all Federal agency reports to OMB relating to the Y2K problem to be concurrently transmitted to the Congress, including all agency monthly submissions to the Office of Management and Budget (OMB). Directs the Chair to develop guidelines of best practices and standards for remediation and validation with respect to the Y2K problem to provide better direction for government and private sector efforts. Requires the Chair to submit to the Congress any national assessment of the Y2K problem conducted through or in conjunction with the Council covering all critical national infrastructures and key sectors of the economy. Requires the head of each Federal agency to ensure that all systems and hardware administered by the agency are Year 2000 compliant to ensure that no significant disruption of the agency's operations or data exchange partners occurs. Requires quarterly progress implementation reports to the Congress. Directs the National Institute of Standards and Technology, in conjunction with the SBA, to develop a Year 2000 compliance outreach program to assist small and medium-sized businesses with respect to the Y2K problem. Directs the Under Secretary of Commerce for Technology to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of the Y2K problem. | Year 2000 Preparedness Act of 1998 | 10,786 | 2,872 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Year 2000 Preparedness Act of 1998". <SECTION-HEADER> DEFINITIONS. For purposes of this Act the term "end-to-end testing" means testing data exchange software with respect to the initiation of the exchange by sending computers, transmission through intermediate communications software and hardware, and receipt and acceptance by receiving computers. The term "small and medium-sized businesses" means businesses with less than 500 employees. The term "Year 2000 compliant" means, with respect to information technology, that the information technology accurately processes date and time data from, into, and between the 20th and 21st centuries and the years 1999 and 2000, and leap year calculations, to the extent that other information technology properly exchanges date and time data with it. The term "Year 2000 computer problem" means, with respect to information technology, any problem which prevents such technology from accurately processing, calculating, comparing, or sequencing date or time data from, into, or between the 20th and 21st centuries, or the years 1999 and 2000, with regard to leap year calculations. Or with regard to such other dates as the Year 2000 Conversion Council may identify and designate. And the term "Year 2000 Conversion Council" means the President's Council on Year 2000 Conversion established under section 2 of Executive Order No. 13073, issued on February 4, 1998. <SECTION-HEADER> CRITICAL GOVERNMENT SERVICES. The President shall provide for the acceleration of the development of business continuity plans by Federal agencies necessary to ensure the uninterrupted delivery by those agencies of critical mission- related services. <SECTION-HEADER> SENSE OF THE CONGRESS. It is the sense of the Congress that the President should take a high profile national leadership position to aggressively promote Year 2000 date change awareness for information technology systems and sensitive infrastructure applications. The President should authorize the Chair of the Year 2000 Conversion Council to take a leadership role in resolving Year 2000 issues in any critical Federal civilian agency system that is in jeopardy because of ineffective management of not meeting the January 1, 2000, deadline with respect to the Year 2000 computer problem. Consistent with the spirit of the Government Performance and Results Act of 1993, the Chair of the Year 2000 Conversion Council, in consultation with the President's Council on Infrastructure Assurance, officers of the Federal Government and of State and local governments, and representatives of the private sector, should work toward a national strategy to assure that the critical infrastructures and key sectors of the economy will be prepared for the Year 2000 date change, with such strategy including, for each sector, goals appropriate to each. The Chair of the Year 2000 Conversion Council is making a significant contribution to Year 2000 computer problem awareness by scheduling a National Y2K Action Week for October 19 through 23, 1998. The Small Business Administration, the Department of Commerce, the Department of Agriculture, and other appropriate Federal agencies should undertake maximum efforts to assist American family businesses and farmers in assessing their exposure to the Year 2000 computer problem, undertaking the necessary remedial steps, and formulating contingency plans. And State and local governments, as well as private sector industry groups and companies, should find ways to participate in this effort to prepare the American economy for the year 2000. <SECTION-HEADER> AGENCY REPORTS. All Federal agency reports to the Office of Management and Budget relating to the Year 2000 computer problem shall be concurrently transmitted to the Congress, including all Federal agency monthly submissions to the Office of Management and Budget. <SECTION-HEADER> GUIDELINES. The Chair of the Year 2000 Conversion Council is encouraged to develop, in consultation with industry, guidelines of best practices and standards for remediation and validation with respect to the Year 2000 computer problem to provide better direction for government and private sector efforts. <SECTION-HEADER> NATIONAL ASSESSMENT OF YEAR 2000 COMPUTER PROBLEM. The Chair of the Year 2000 Conversion Council shall submit to the Congress any national assessment of the Year 2000 computer problem, conducted through or in conjunction with the Year 2000 Conversion Council, covering all critical national infrastructures and key sectors of the economy, including banking and finance, energy, telecommunications, transportation, and vital human services which protect the public health and safety, the water supply, housing and public buildings, and the environment. <SECTION-HEADER> FEDERAL AGENCY ACTIONS. To ensure that all computer operations and processing can be provided without interruption by Federal agencies after December 31, 1999, the head of each Federal agency shall take actions necessary to ensure that all systems and hardware administered by the agency are Year 2000 compliant, to the extent necessary to ensure that no significant disruption of the operations of the agency or of the agency's data exchange partners occurs, including establishing, before March 1, 1999, schedules for testing and implementing new data exchange formats for completing all data exchange corrections, which may include national test days for end-to-end testing of critical processes and associated data exchanges affecting Federal, State, and local governments. Notifying data exchange partners of the implications to the agency and the exchange partners if they do not make appropriate date conversion corrections in time to meet the Federal schedule for implementing and testing Year 2000 compliant data exchange processes. Giving priority to installing filters necessary to prevent the corruption of mission-critical systems from data exchanges with noncompliant systems. And developing and implementing, as part of the agency's continuity and contingency planning efforts, specific provisions for data exchanges that may fail, including strategies to mitigate operational disruptions if data exchange partners do not make timely date conversion corrections. Beginning not later than 30 days after the date of the enactment of this Act, convene meetings at least quarterly with representatives of the agency's data exchange partners to assess implementation progress. And after each meeting convened pursuant to paragraph (2), transmit to the Congress a report summarizing the results of that meeting. And the status of the agency's completion of key data exchange corrections, including the extent of data exchange inventoried, an assessment of data exchange formats agreed to with data exchange partners, testing and implementation schedules, and testing and implementation completed. <SECTION-HEADER> ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES. To ensure that the Nation's small and medium-sized businesses are prepared to meet the Year 2000 computer problem challenge, the National Institute of Standards and Technology, in conjunction with the Small Business Administration, shall develop a Year 2000 compliance outreach program to assist small and medium-sized businesses. Such program shall include the development of a Year 2000 self-assessment checklist. An explanation of the Year 2000 computer problem and an identification of best practices for resolving the problem, a list of Federal Government Year 2000 information resources. And a list of Year 2000 compliant products provided by the General Services Administration. <SECTION-HEADER> CONSUMER AWARENESS. To ensure that the Nation's consumers are aware of and prepared to meet the Year 2000 computer problem challenge, the Under Secretary of Commerce for Technology, in consultation with the Consumer Product Safety Commission and the Federal Trade Commission, shall develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of the Year 2000 computer problem. Such program shall include the development of a Year 2000 self-assessment checklist. A list of Federal Government Year 2000 computer problem information resources. A list of Year 2000 compliant products provided by the General Services Administration. A series of public awareness announcements or seminars on the impact of the Year 2000 computer problem on consumer products and services. And a series of public awareness announcements or seminars on the potential effect that the Year 2000 computer problem could have on the provision of services by the Federal Government to the public, and the progress made in resolving the problem by the Federal agencies providing those services. Passed the House of Representatives October 13, 1998. Attest: Clerk. | Year 2000 Preparedness Act of 1998 - Directs the President to provide for the acceleration of the development of business continuity plans by Federal agencies to ensure the uninterrupted delivery by those agencies of critical mission-related services. Expresses the sense of the Congress that: (1) the President should aggressively promote Year 2000 date change awareness for information technology systems and sensitive infrastructure applications. (2) the President should authorize the Chair of the Year 2000 Conversion Council to take a leadership role in resolving Year 2000 (Y2K) issues of any critical Federal agency system that is in jeopardy of not meeting the January 1, 2000 deadline. (3) the Chair should work toward a national strategy to assure that the critical infrastructures and key sectors of the economy will be prepared for the Year 2000 date change. (4) the Chair is making a significant contribution to Y2K problem awareness by scheduling a National Y2K Action Week for October 19 through 23, 1998. (5) the Small Business Administration (SBA), the Department of Commerce, the Department of Agriculture, and other Federal agencies should undertake maximum efforts to assist American family businesses and farmers in assessing their exposure to the Y2K problem, undertaking necessary remedial steps, and formulating contingency plans. And (6) State and local governments, as well as private sector industry groups and companies, should participate in the effort to prepare the American economy for the year 2000. Provides for all Federal agency reports to OMB relating to the Y2K problem to be concurrently transmitted to the Congress, including all agency monthly submissions to the Office of Management and Budget (OMB). Directs the Chair to develop guidelines of best practices and standards for remediation and validation with respect to the Y2K problem to provide better direction for government and private sector efforts. Requires the Chair to submit to the Congress any national assessment of the Y2K problem conducted through or in conjunction with the Council covering all critical national infrastructures and key sectors of the economy. Requires the head of each Federal agency to ensure that all systems and hardware administered by the agency are Year 2000 compliant to ensure that no significant disruption of the agency's operations or data exchange partners occurs. Requires quarterly progress implementation reports to the Congress. Directs the National Institute of Standards and Technology, in conjunction with the SBA, to develop a Year 2000 compliance outreach program to assist small and medium-sized businesses with respect to the Y2K problem. Directs the Under Secretary of Commerce for Technology to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of the Y2K problem. | Year 2000 Preparedness Act of 1998 |
104_hr2116 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Voter Opportunity To Inform
Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of
1995 (National VOICE on a Flat Tax and Cap on Tax Increases Act of
1995)''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the right of citizens of the United States to vote is a
fundamental right;
(2) the right of citizens of the United States to have an
effective voice in the decisionmaking processes of the Congress
is grounded in the right to petition and is a fundamental part
of American democracy, and Congress should provide an
opportunity for citizens to express their views on important
public issues; and
(3) there is an increasing public sentiment and demand for
less taxation and a simplified tax code.
(b) Purposes.--The purposes of this Act are--
(1) to give the citizens of every State the opportunity to
have a voice on whether or not Congress should adopt a flat
income tax system and amend the Constitution to require a
majority vote of the American people to raise taxes; and
(2) to conduct a national nonbinding referendum on a flat
tax on income and requiring a national vote on tax increases at
the 1996 general election, thereby having an opportunity to
study the feasibility of conducting national nonbinding
referenda on other important issues in the future.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``nonbinding referendum'' means the placing on
the general election ballot in every congressional district and
delegate or resident commissioner district in 1996 the advisory
questions defined below, the results of which shall be properly
tabulated and certified as described herein, but which results
shall not be legally binding on any person or institution;
(2) the term ``advisory questions'' means the National
Advisory Referendum on a flat tax on income and requiring a
national vote on tax increases, the language of which is
contained in section 4(b) of this Act;
(3) the term ``general election'' means the election at
which Federal officers are elected in 1996; and
(4) the term ``State election agency'' means the official
agency of each State and territory charged with the legal
responsibility for conducting general elections within that
jurisdiction.
SEC. 4. PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS
EFFECTIVELY ON A FLAT TAX AND REQUIRING A NATIONAL VOTE
ON TAX INCREASES NONBINDING REFERENDUM.
(a) In General.--This Act shall have the effect of placing on the
1996 general election ballot in every congressional district, and
delegate and/or resident commissioner district, in the United States,
the District of Columbia and the territories of the United States, the
advisory questions under subsection (b).
(b) Advisory Questions; Ballot Title and Language.--Not later than
June 30, 1996, the Clerk of the United States House of Representatives
and the Secretary of the United States Senate shall jointly certify to
the appropriate State election agencies for inclusion on the 1996
general election ballot in each congressional district, the following
ballot title and questions:
``national advisory referendum on a flat tax on income and requiring a
national vote on tax increases
``Question #1: Should Congress adopt a simple flat tax rate on
income?
``Yes No.
``Question #2: Should Congress approve a constitutional amendment
to require a majority vote of the American people to raise taxes?
``Yes No''.
(c) Preparation of Ballots.--
(1) Procedures.--The procedures for printing and
preparation of the ballots containing the advisory questions
shall be the same as provided in each State and territory for
conducting the elections of the Members of the United States
House of Representatives and Senators, and Delegates or
Resident Commissioners.
(2) Advisory questions.--In each congressional and delegate
district, every general election ballot shall include the
advisory questions contained in subsection (b). Should there be
no general election scheduled to be held in any particular
congressional or delegate district, a ballot shall nonetheless
be prepared for the voters of said district to be able to
participate in the nonbinding referendum in the same manner as
all other districts where a general election is being held.
States shall be reimbursed at 4 cents per voter, or an
estimated $5,000,000 for the costs incurred in placing the
questions in subsection (b) on the ballots in November 1996.
Therefore, this bill authorizes $5,000,000 for these purposes.
All reimbursements to State election agencies for the costs of
conducting the nonbinding referendum shall be made from the
franking accounts of the Congress, with equal amounts drawn
from the franking accounts of the House of Representatives and
the Senate in proportion to the total funds appropriated to
each House for franking, to reimburse the States for such
expenses. The Clerk of the United States House of
Representatives and the Secretary of the United States Senate
shall be responsible for ensuring the proper application for
and reimbursement of said expenses.
(d) Tabulation and Certification of Voting Results.--The State
election agencies shall tabulate the results of the voting on the
advisory questions in the same manner as is customary for tabulating
the results of elections of the Members of the United States House of
Representatives and Senators. Said results shall be officially
certified pursuant to the customary laws and procedures of each
jurisdiction.
(e) Transmission of Certified Results to the Congress, All Members,
and Committees on the Judiciary.--The official, certified election
results of each jurisdiction's nonbinding referenda on the advisory
questions shall be certified by the State election agency to the Clerk
of the United States House of Representatives and the Secretary of the
United States Senate in the same manner and at the same time of the
certification of election of Members of the House of Representatives
and Senate at the 1996 general election, said results to be certified
by county, congressional district and statewide totals. The Clerk and
the Secretary shall be responsible for transmitting to each Member of
the respective House of Congress the results of the nonbinding
referenda from all jurisdictions. The results shall also be taken under
advisement by the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate, with
recommendations for response reported back to the full House and Senate
within 6 months of the general election.
(f) Comments Regarding Procedures for Future Nonbinding
Referenda.--Within 90 days of the date of the general election, the
State election agencies shall forward to the Clerk of the United States
House of Representatives and the Secretary of the United States Senate
their comments or suggestions regarding changes or improvements in
procedures for conducting national nonbinding referenda in future
general elections. All such comments shall be referred to the
respective committees on the Judiciary of the House of Representatives
and Senate.
SEC. 5. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this
Act. | National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 - Establishes a national advisory nonbinding referendum to provide for placing on the 1996 general election ballot or, if there is no general election in a particular district, placing on a ballot the following questions: (1) Should Congress adopt a simple flat tax rate on income?. And (2) Should Congress approve a constitutional amendment to require a majority vote of the American people to raise taxes? Authorizes that $5 million be reimbursed to the States from the franking accounts of the House of Representatives and the Senate for the costs of conducting the nonbinding referendum in proportions equal to the total amount appropriated for franking in each House. | National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 (National VOICE on a Flat Tax and Cap on Tax Increases Act of 1995) | 8,024 | 783 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 ". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. The Congress finds that the right of citizens of the United States to vote is a fundamental right. The right of citizens of the United States to have an effective voice in the decisionmaking processes of the Congress is grounded in the right to petition and is a fundamental part of American democracy, and Congress should provide an opportunity for citizens to express their views on important public issues. And there is an increasing public sentiment and demand for less taxation and a simplified tax code. Purposes. The purposes of this Act are to give the citizens of every State the opportunity to have a voice on whether or not Congress should adopt a flat income tax system and amend the Constitution to require a majority vote of the American people to raise taxes. And to conduct a national nonbinding referendum on a flat tax on income and requiring a national vote on tax increases at the 1996 general election, thereby having an opportunity to study the feasibility of conducting national nonbinding referenda on other important issues in the future. <SECTION-HEADER> DEFINITIONS. As used in this Act the term "nonbinding referendum" means the placing on the general election ballot in every congressional district and delegate or resident commissioner district in 1996 the advisory questions defined below, the results of which shall be properly tabulated and certified as described herein, but which results shall not be legally binding on any person or institution. The term "advisory questions" means the National Advisory Referendum on a flat tax on income and requiring a national vote on tax increases, the language of which is contained in section 4(b) of this Act. The term "general election" means the election at which Federal officers are elected in 1996. And the term "State election agency" means the official agency of each State and territory charged with the legal responsibility for conducting general elections within that jurisdiction. <SECTION-HEADER> PROCEDURES FOR NATIONAL VOTER OPPORTUNITY TO INFORM CONGRESS EFFECTIVELY ON A FLAT TAX AND REQUIRING A NATIONAL VOTE ON TAX INCREASES NONBINDING REFERENDUM. In General. This Act shall have the effect of placing on the 1996 general election ballot in every congressional district, and delegate andor resident commissioner district, in the United States, the District of Columbia and the territories of the United States, the advisory questions under subsection (b). Advisory Questions. Ballot Title and Language. Not later than June 30, 1996, the Clerk of the United States House of Representatives and the Secretary of the United States Senate shall jointly certify to the appropriate State election agencies for inclusion on the 1996 general election ballot in each congressional district, the following ballot title and questions: "national advisory referendum on a flat tax on income and requiring a national vote on tax increases "Question 1: Should Congress adopt a simple flat tax rate on income? "Yes No. "Question 2: Should Congress approve a constitutional amendment to require a majority vote of the American people to raise taxes? "Yes No". Preparation of Ballots. Procedures. The procedures for printing and preparation of the ballots containing the advisory questions shall be the same as provided in each State and territory for conducting the elections of the Members of the United States House of Representatives and Senators, and Delegates or Resident Commissioners. Advisory questions. In each congressional and delegate district, every general election ballot shall include the advisory questions contained in subsection (b). Should there be no general election scheduled to be held in any particular congressional or delegate district, a ballot shall nonetheless be prepared for the voters of said district to be able to participate in the nonbinding referendum in the same manner as all other districts where a general election is being held. States shall be reimbursed at 4 cents per voter, or an estimated $5,000,000 for the costs incurred in placing the questions in subsection (b) on the ballots in November 1996. Therefore, this bill authorizes $5,000,000 for these purposes. All reimbursements to State election agencies for the costs of conducting the nonbinding referendum shall be made from the franking accounts of the Congress, with equal amounts drawn from the franking accounts of the House of Representatives and the Senate in proportion to the total funds appropriated to each House for franking, to reimburse the States for such expenses. The Clerk of the United States House of Representatives and the Secretary of the United States Senate shall be responsible for ensuring the proper application for and reimbursement of said expenses. Tabulation and Certification of Voting Results. The State election agencies shall tabulate the results of the voting on the advisory questions in the same manner as is customary for tabulating the results of elections of the Members of the United States House of Representatives and Senators. Said results shall be officially certified pursuant to the customary laws and procedures of each jurisdiction. Transmission of Certified Results to the Congress, All Members, and Committees on the Judiciary. The official, certified election results of each jurisdiction's nonbinding referenda on the advisory questions shall be certified by the State election agency to the Clerk of the United States House of Representatives and the Secretary of the United States Senate in the same manner and at the same time of the certification of election of Members of the House of Representatives and Senate at the 1996 general election, said results to be certified by county, congressional district and statewide totals. The Clerk and the Secretary shall be responsible for transmitting to each Member of the respective House of Congress the results of the nonbinding referenda from all jurisdictions. The results shall also be taken under advisement by the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, with recommendations for response reported back to the full House and Senate within 6 months of the general election. Comments Regarding Procedures for Future Nonbinding Referenda. Within 90 days of the date of the general election, the State election agencies shall forward to the Clerk of the United States House of Representatives and the Secretary of the United States Senate their comments or suggestions regarding changes or improvements in procedures for conducting national nonbinding referenda in future general elections. All such comments shall be referred to the respective committees on the Judiciary of the House of Representatives and Senate. <SECTION-HEADER> EFFECTIVE DATE. This Act shall take effect on the date of the enactment of this Act. | National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 - Establishes a national advisory nonbinding referendum to provide for placing on the 1996 general election ballot or, if there is no general election in a particular district, placing on a ballot the following questions: (1) Should Congress adopt a simple flat tax rate on income?. And (2) Should Congress approve a constitutional amendment to require a majority vote of the American people to raise taxes? Authorizes that $5 million be reimbursed to the States from the franking accounts of the House of Representatives and the Senate for the costs of conducting the nonbinding referendum in proportions equal to the total amount appropriated for franking in each House. | National Voter Opportunity To Inform Congress Effectively on a Flat Tax and a Cap on Tax Increases Act of 1995 |
109_s2787 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Western Hemisphere Energy Security
Act of 2006''.
SEC. 2. FINDINGS.
(a) Findings.--Congress finds that--
(1) the United States is the largest oil importer in the
world;
(2) the Federal Government predicts that, by 2025, 68
percent of the oil used in the United States will be imported;
(3) \2/3\ of the oil reserves of the world are located in
the politically unstable Middle East and are controlled by
members of the Organization of Petroleum Exporting Countries;
(4) global fuel consumption is projected to increase by 100
percent to 150 percent during the next 20 years, driven largely
by the Chinese and Indian economies;
(5) that increased demand for fuel--
(A) will place the United States in ever-greater
competition for oil and gas resources; and
(B) may result in an extension of Chinese
involvement in developing Cuban oil and gas reserves to
within a few miles of the coastline of the United
States;
(6) the United States adheres to the principle that, in a
case in which the exclusive economic zone of the United States
is contiguous to the exclusive economic zone of another
country, a point equidistant to the maritime baselines of the 2
countries demarcates the exclusive economic zone of each;
(7) an example of the application of the principle
described in paragraph (6) is that the exclusive economic zone
of Cuba extends to within--
(A) 52 miles of the Florida Keys at--
(i) south of 24 degrees north latitude; and
(ii) east of -81 degrees west longitude;
and
(B) 85.4 miles of the Florida peninsula at--
(i) south of 24 degrees north latitude; and
(ii) east of -81 degrees west longitude;
(8) Cubapetroleo, the state oil company of Cuba, recently--
(A) signed an oil production sharing agreement with
the China Petroleum and Chemical Corporation; and
(B) purchased 3 deep-water drilling rigs from that
Chinese state enterprise for use in the exclusive
economic zone of Cuba;
(9) the exclusive economic zone of Cuba in the Gulf of
Mexico is a 112,000-square-kilometer area that has been divided
into 59 exploration blocks, each of which is approximately
2,000 square kilometers and an average depth of 2,000 meters
(except that some of those blocks have a depth of as great as
4,000 meters);
(10) the northernmost of the exploration blocks described
in paragraph (9) are located off the southwest coast of the
State of Florida;
(11) a United States Geological Survey report entitled
``Assessment of Undiscovered Oil and Gas Resources of the North
Cuba Basin 2004'' estimated that between 1,000,000,000 and
9,300,000,000 barrels of undiscovered oil and between
1,900,000,000,000 and 22,000,000,000,000 cubic feet of
undiscovered natural gas along the northern coast of Cuba;
(12) the national security strategy of the President
recognizes the increasing resource needs of China by stating
that China is ``expanding trade, but acting as if they can
somehow lock up energy supplies around the world or seek to
direct markets rather than opening them up.'';
(13) the United States embargo on Cuba prohibits United
States persons from engaging in the exploration or extraction
of hydrocarbon resources from the exclusive economic zone of
Cuba;
(14) United States oil and gas industries are the world's
leaders in the efficient and environmentally-safe extraction of
oil and gas resources from marine deposits; and
(15) it is in the energy, national security, and
environmental interests of the United States that the oil and
gas companies of the United States be permitted to operate in
the foreign exclusive economic zones that is contiguous to the
exclusive economic zone of the United States.
(b) Purpose.--The purpose of this Act is to permit United States
persons to participate in the exploration for and the extraction of
hydrocarbon resources from any portion of a foreign maritime exclusive
economic zone that is contiguous to the exclusive economic zone of the
United States.
SEC. 3. DEFINITION OF UNITED STATES PERSON.
In this Act, the term ``United States person'' means--
(1) any United States citizen or alien lawfully admitted
for permanent residence in the United States; and
(2) any person other than an individual, if 1 or more
individuals described in paragraph (1) own or control at least
51 percent of the securities or other equity interest in the
person.
SEC. 4. AUTHORIZATION OF ACTIVITIES AND EXPORTS INVOLVING HYDROCARBON
RESOURCES BY UNITED STATES PERSONS.
Notwithstanding any other provision of law (including a
regulation), United States persons (including agents and affiliates of
those United States persons) may--
(1) engage in any transaction necessary for the exploration
for and extraction of hydrocarbon resources from any portion of
any foreign exclusive economic zone that is contiguous to the
exclusive economic zone of the United States; and
(2) export without license authority all equipment
necessary for the exploration for or extraction of hydrocarbon
resources described in paragraph (1).
SEC. 5. TRAVEL IN CONNECTION WITH AUTHORIZED HYDROCARBON EXPLORATION
AND EXTRACTION ACTIVITIES.
Section 910 of the Trade Sanctions Reform and Export Enhancement
Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection
(b) the following:
``(c) General License Authority for Travel-Related Expenditures by
Persons Engaging in Hydrocarbon Exploration and Extraction
Activities.--
``(1) In general.--The Secretary of the Treasury shall,
authorize under a general license the travel-related
transactions listed in section 515.560(c) of title 31, Code of
Federal Regulations, for travel to, from or within Cuba in
connection with exploration for and the extraction of
hydrocarbon resources in any part of a foreign maritime
Exclusive Economic Zone that is contiguous to the United
States' Exclusive Economic Zone.
``(2) Persons authorized.--Persons authorized to travel to
Cuba under this section include full-time employees,
executives, agents, and consultants of oil and gas producers,
distributors, and shippers.''. | Western Hemisphere Energy Security Act of 2006 - Authorizes US persons to: (1) explore and extract hydrocarbon resources from any portion of the foreign exclusive economic zone that is contiguous to the US exclusive economic zone. And (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to authorize the Secretary of the Treasury to allow under a general license employees of oil and gas producers, distributors, and shippers to travel to, from, or within Cuba to explore for and extract hydrocarbon resources from such zone. | A bill to permit United States persons to participate in the exploration for and the extraction of hydrocarbon resources from any portion of a foreign maritime exclusive economic zone that is contiguous to the exclusive economic zone of the United States, and for other purposes. | 7,238 | 667 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Western Hemisphere Energy Security Act of 2006". <SECTION-HEADER> FINDINGS. Findings. Congress finds that the United States is the largest oil importer in the world. The Federal Government predicts that, by 2025, 68 percent of the oil used in the United States will be imported. 23 of the oil reserves of the world are located in the politically unstable Middle East and are controlled by members of the Organization of Petroleum Exporting Countries. Global fuel consumption is projected to increase by 100 percent to 150 percent during the next 20 years, driven largely by the Chinese and Indian economies. That increased demand for fuel will place the United States in ever-greater competition for oil and gas resources. And may result in an extension of Chinese involvement in developing Cuban oil and gas reserves to within a few miles of the coastline of the United States. The United States adheres to the principle that, in a case in which the exclusive economic zone of the United States is contiguous to the exclusive economic zone of another country, a point equidistant to the maritime baselines of the 2 countries demarcates the exclusive economic zone of each. An example of the application of the principle described in paragraph (6) is that the exclusive economic zone of Cuba extends to within 52 miles of the Florida Keys at south of 24 degrees north latitude, and east of -81 degrees west longitude. And 85.4 miles of the Florida peninsula at south of 24 degrees north latitude, and east of -81 degrees west longitude. Cubapetroleo, the state oil company of Cuba, recently signed an oil production sharing agreement with the China Petroleum and Chemical Corporation. And purchased 3 deep-water drilling rigs from that Chinese state enterprise for use in the exclusive economic zone of Cuba. The exclusive economic zone of Cuba in the Gulf of Mexico is a 112,000-square-kilometer area that has been divided into 59 exploration blocks, each of which is approximately 2,000 square kilometers and an average depth of 2,000 meters. The northernmost of the exploration blocks described in paragraph (9) are located off the southwest coast of the State of Florida. A United States Geological Survey report entitled "Assessment of Undiscovered Oil and Gas Resources of the North Cuba Basin 2004" estimated that between 1,000,000,000 and 9,300,000,000 barrels of undiscovered oil and between 1,900,000,000,000 and 22,000,000,000,000 cubic feet of undiscovered natural gas along the northern coast of Cuba. The national security strategy of the President recognizes the increasing resource needs of China by stating that China is "expanding trade, but acting as if they can somehow lock up energy supplies around the world or seek to direct markets rather than opening them up.". The United States embargo on Cuba prohibits United States persons from engaging in the exploration or extraction of hydrocarbon resources from the exclusive economic zone of Cuba. United States oil and gas industries are the world's leaders in the efficient and environmentally-safe extraction of oil and gas resources from marine deposits. And it is in the energy, national security, and environmental interests of the United States that the oil and gas companies of the United States be permitted to operate in the foreign exclusive economic zones that is contiguous to the exclusive economic zone of the United States. Purpose. The purpose of this Act is to permit United States persons to participate in the exploration for and the extraction of hydrocarbon resources from any portion of a foreign maritime exclusive economic zone that is contiguous to the exclusive economic zone of the United States. <SECTION-HEADER> DEFINITION OF UNITED STATES PERSON. In this Act, the term "United States person" means any United States citizen or alien lawfully admitted for permanent residence in the United States. And any person other than an individual, if 1 or more individuals described in paragraph (1) own or control at least 51 percent of the securities or other equity interest in the person. <SECTION-HEADER> AUTHORIZATION OF ACTIVITIES AND EXPORTS INVOLVING HYDROCARBON RESOURCES BY UNITED STATES PERSONS. Notwithstanding any other provision of law , United States persons may engage in any transaction necessary for the exploration for and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone that is contiguous to the exclusive economic zone of the United States. And export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources described in paragraph (1). <SECTION-HEADER> TRAVEL IN CONNECTION WITH AUTHORIZED HYDROCARBON EXPLORATION AND EXTRACTION ACTIVITIES. Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 is amended by inserting after subsection the following: General License Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon Exploration and Extraction Activities. In general. The Secretary of the Treasury shall, authorize under a general license the travel-related transactions listed in section 515.560(c) of title 31, Code of Federal Regulations, for travel to, from or within Cuba in connection with exploration for and the extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone that is contiguous to the United States' Exclusive Economic Zone. Persons authorized. Persons authorized to travel to Cuba under this section include full-time employees, executives, agents, and consultants of oil and gas producers, distributors, and shippers.". | Western Hemisphere Energy Security Act of 2006 - Authorizes US persons to: (1) explore and extract hydrocarbon resources from any portion of the foreign exclusive economic zone that is contiguous to the US exclusive economic zone. And (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources. Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 to authorize the Secretary of the Treasury to allow under a general license employees of oil and gas producers, distributors, and shippers to travel to, from, or within Cuba to explore for and extract hydrocarbon resources from such zone. | A bill to permit United States persons to participate in the exploration for and the extraction of hydrocarbon resources from any portion of a foreign maritime exclusive economic zone that is contiguous to the exclusive economic zone of the United States, and for other purposes. |
105_hr903 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alternative Dispute Resolution and
Settlement Encouragement Act''.
SEC. 2. ARBITRATION IN DISTRICT COURTS.
(a) Authorization of Appropriations.--Section 905 of the Judicial
Improvements and Access to Justice Act (28 U.S.C. 651 note) is amended
in the first sentence by striking ``for each of the fiscal years 1994
through 1997''.
(b) Arbitration To Be Ordered in All District Courts.--
(1) Authorization of arbitration.--Section 651(a) of title
28, United States Code, is amended to read as follows:
``(a) Authority.--Each United States district court shall authorize
by local rule the use of arbitration in civil actions, including
adversary proceedings in bankruptcy, in accordance with this
chapter.''.
(2) Actions referred to arbitration.--Section 652(a) of
title 28, United States Code, is amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A) by striking ``and section 901(c)'' and all
that follows through ``651'' and inserting ``a
district court''; and
(ii) in subparagraph (B) by striking
``$100,000'' and inserting ``$150,000''; and
(B) in paragraph (2) by striking ``$100,000'' and
inserting ``$150,000''.
(3) Certification of arbitrators.--Section 656(a) of title
28, United States Code, is amended by striking ``listed in
section 658''.
(4) Removal of limitation.--Section 658 of title 28, United
States Code, and the item relating to such section in the table
of sections at the beginning of chapter 44 of title 28, United
States Code, are repealed.
(c) Conforming Amendment.--Section 901 of the Judicial Improvements
and Access to Justice Act (28 U.S.C. 652 note) is amended by striking
subsection (c).
SEC. 3. AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL
DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT.
Section 1332 of title 28, United States Code, is amended by adding
at the end the following:
``(e)(1) In any action over which the court has jurisdiction under
this section, any party may, at any time not less than 10 days before
trial, serve upon any adverse party a written offer to settle a claim
or claims for money or property or to the effect specified in the
offer, including a motion to dismiss all claims, and to enter into a
stipulation dismissing the claim or claims or allowing judgment to be
entered according to the terms of the offer. Any such offer, together
with proof of service thereof, shall be filed with the clerk of the
court.
``(2) If the party receiving an offer under paragraph (1) serves
written notice on the offeror that the offer is accepted, either party
may then file with the clerk of the court the notice of acceptance,
together with proof of service thereof.
``(3) The fact that an offer under paragraph (1) is made but not
accepted does not preclude a subsequent offer under paragraph (1).
Evidence of an offer is not admissible for any purpose except in
proceedings to enforce a settlement, or to determine costs and expenses
under this subsection.
``(4) At any time before judgment is entered, the court, upon its
own motion or upon the motion of any party, may exempt from this
subsection any claim that the court finds presents a question of law or
fact that is novel and important and that substantially affects
nonparties. If a claim is exempted from this subsection, all offers
made by any party under paragraph (1) with respect to that claim shall
be void and have no effect.
``(5) If all offers made by a party under paragraph (1) with
respect to a claim or claims, including any motion to dismiss all
claims, are not accepted and the judgment, verdict, or order finally
issued (exclusive of costs, expenses, and attorneys' fees incurred
after judgment or trial) in the action under this section is not more
favorable to the offeree with respect to the claim or claims than the
last such offer, the offeror may file with the court, within 10 days
after the final judgment, verdict, or order is issued, a petition for
payment of costs and expenses, including attorneys' fees, incurred with
respect to the claim or claims from the date the last such offer was
made or, if the offeree made an offer under this subsection, from the
date the last such offer by the offeree was made.
``(6) If the court finds, pursuant to a petition filed under
paragraph (5) with respect to a claim or claims, that the judgment,
verdict, or order finally obtained is not more favorable to the offeree
with respect to the claim or claims than the last offer, the court
shall order the offeree to pay the offeror's costs and expenses,
including attorneys' fees, incurred with respect to the claim or claims
from the date the last offer was made or, if the offeree made an offer
under this subsection, from the date the last such offer by the offeree
was made, unless the court finds that requiring the payment of such
costs and expenses would be manifestly unjust.
``(7) Attorney's fees under paragraph (6) shall be a reasonable
attorney's fee attributable to the claim or claims involved, calculated
on the basis of an hourly rate which may not exceed that which the
court considers acceptable in the community in which the attorney
practices law, taking into account the attorney's qualifications and
experience and the complexity of the case, except that the attorney's
fees under paragraph (6) may not exceed--
``(A) the actual cost incurred by the offeree for an
attorney's fee payable to an attorney for services in
connection with the claim or claims; or
``(B) if no such cost was incurred by the offeree due to a
contingency fee agreement, a reasonable cost that would have
been incurred by the offeree for an attorney's noncontingent
fee payable to an attorney for services in connection with the
claim or claims.
``(8) This subsection does not apply to any claim seeking an
equitable remedy.''.
SEC. 4. RELIABILITY OF EVIDENCE.
Rule 702 of the Federal Rules of Evidence (28 U.S.C. App.) is
amended--
(1) by inserting ``(a) In general.--'' before ``If'', and
(2) by adding at the end the following:
``(b) Adequate basis for opinion.--Testimony in the form of an
opinion by a witness that is based on scientific knowledge shall be
inadmissible in evidence unless the court determines that such
opinion--
``(1) is scientifically valid and reliable;
``(2) has a valid scientific connection to the fact it is
offered to prove; and
``(3) is sufficiently reliable so that the probative value
of such evidence outweighs the dangers specified in rule 403.
``(c) Disqualification.--Testimony by a witness who is qualified as
described in subdivision (a) is inadmissible in evidence if the witness
is entitled to receive any compensation contingent on the legal
disposition of any claim with respect to which the testimony is
offered.
``(d) Scope.--Subdivision (b) does not apply to criminal
proceedings.''.
SEC. 5. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) Section 2.--The amendments made by section 2 shall take effect
on the date of the enactment of this Act.
(b) Sections 3 and 4.--
(1) In general.--Subject to paragraph (2), the amendments
made by sections 3 and 4 shall take effect on the first day of
the first month beginning more than 180 days after the date of
the enactment of this Act.
(2) Application of amendments.--(A) The amendment made by
section 3 shall apply only with respect to civil actions
commenced after the effective date set forth in paragraph (1).
(B) The amendments made by section 4 shall apply only with
respect to cases in which a trial begins after the effective
date set forth in paragraph (1). | Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations. (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions. And (3) increase the monetary ceiling of actions that courts may require to be arbitrated. Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation. Amends rule 702 of the Federal Rules of Evidence to: (1) establish a standard for the admissibility of expert scientific testimony. And (2) make such testimony inadmissible if the witness is entitled to any compensation based upon the legal disposition of any claim related to such testimony. | Alternative Dispute Resolution and Settlement Encouragement Act | 8,323 | 837 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Alternative Dispute Resolution and Settlement Encouragement Act". <SECTION-HEADER> ARBITRATION IN DISTRICT COURTS. Authorization of Appropriations. Section 905 of the Judicial Improvements and Access to Justice Act is amended in the first sentence by striking "for each of the fiscal years 1994 through 1997". Arbitration To Be Ordered in All District Courts. Authorization of arbitration. Section 651(a) of title 28, United States Code, is amended to read as follows: Authority. Each United States district court shall authorize by local rule the use of arbitration in civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter.". Actions referred to arbitration. Section 652(a) of title 28, United States Code, is amended in paragraph (1) in the matter preceding subparagraph by striking "and section 901(c)" and all that follows through "651" and inserting "a district court", and in subparagraph (B) by striking "$100,000" and inserting "$150,000". And in paragraph (2) by striking "$100,000" and inserting "$150,000". Certification of arbitrators. Section 656(a) of title 28, United States Code, is amended by striking "listed in section 658". Removal of limitation. Section 658 of title 28, United States Code, and the item relating to such section in the table of sections at the beginning of chapter 44 of title 28, United States Code, are repealed. Conforming Amendment. Section 901 of the Judicial Improvements and Access to Justice Act is amended by striking subsection (c). <SECTION-HEADER> AWARD OF REASONABLE COSTS AND ATTORNEY'S FEES IN FEDERAL CIVIL DIVERSITY LITIGATION AFTER AN OFFER OF SETTLEMENT. Section 1332 of title 28, United States Code, is amended by adding at the end the following: (1) In any action over which the court has jurisdiction under this section, any party may, at any time not less than 10 days before trial, serve upon any adverse party a written offer to settle a claim or claims for money or property or to the effect specified in the offer, including a motion to dismiss all claims, and to enter into a stipulation dismissing the claim or claims or allowing judgment to be entered according to the terms of the offer. Any such offer, together with proof of service thereof, shall be filed with the clerk of the court. If the party receiving an offer under paragraph (1) serves written notice on the offeror that the offer is accepted, either party may then file with the clerk of the court the notice of acceptance, together with proof of service thereof. The fact that an offer under paragraph (1) is made but not accepted does not preclude a subsequent offer under paragraph (1). Evidence of an offer is not admissible for any purpose except in proceedings to enforce a settlement, or to determine costs and expenses under this subsection. At any time before judgment is entered, the court, upon its own motion or upon the motion of any party, may exempt from this subsection any claim that the court finds presents a question of law or fact that is novel and important and that substantially affects nonparties. If a claim is exempted from this subsection, all offers made by any party under paragraph (1) with respect to that claim shall be void and have no effect. If all offers made by a party under paragraph (1) with respect to a claim or claims, including any motion to dismiss all claims, are not accepted and the judgment, verdict, or order finally issued in the action under this section is not more favorable to the offeree with respect to the claim or claims than the last such offer, the offeror may file with the court, within 10 days after the final judgment, verdict, or order is issued, a petition for payment of costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last such offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made. If the court finds, pursuant to a petition filed under paragraph (5) with respect to a claim or claims, that the judgment, verdict, or order finally obtained is not more favorable to the offeree with respect to the claim or claims than the last offer, the court shall order the offeree to pay the offeror's costs and expenses, including attorneys' fees, incurred with respect to the claim or claims from the date the last offer was made or, if the offeree made an offer under this subsection, from the date the last such offer by the offeree was made, unless the court finds that requiring the payment of such costs and expenses would be manifestly unjust. Attorney's fees under paragraph (6) shall be a reasonable attorney's fee attributable to the claim or claims involved, calculated on the basis of an hourly rate which may not exceed that which the court considers acceptable in the community in which the attorney practices law, taking into account the attorney's qualifications and experience and the complexity of the case, except that the attorney's fees under paragraph (6) may not exceed the actual cost incurred by the offeree for an attorney's fee payable to an attorney for services in connection with the claim or claims. Or if no such cost was incurred by the offeree due to a contingency fee agreement, a reasonable cost that would have been incurred by the offeree for an attorney's noncontingent fee payable to an attorney for services in connection with the claim or claims. This subsection does not apply to any claim seeking an equitable remedy.". <SECTION-HEADER> RELIABILITY OF EVIDENCE. Rule 702 of the Federal Rules of Evidence is amended by inserting "(a) In general. " before "If", and by adding at the end the following: Adequate basis for opinion. Testimony in the form of an opinion by a witness that is based on scientific knowledge shall be inadmissible in evidence unless the court determines that such opinion is scientifically valid and reliable. Has a valid scientific connection to the fact it is offered to prove. And is sufficiently reliable so that the probative value of such evidence outweighs the dangers specified in rule 403. Disqualification. Testimony by a witness who is qualified as described in subdivision (a) is inadmissible in evidence if the witness is entitled to receive any compensation contingent on the legal disposition of any claim with respect to which the testimony is offered. Scope. Subdivision (b) does not apply to criminal proceedings.". <SECTION-HEADER> EFFECTIVE DATE. APPLICATION OF AMENDMENTS. Section 2. The amendments made by section 2 shall take effect on the date of the enactment of this Act. Sections 3 and 4. In general. Subject to paragraph (2), the amendments made by sections 3 and 4 shall take effect on the first day of the first month beginning more than 180 days after the date of the enactment of this Act. Application of amendments. (A) The amendment made by section 3 shall apply only with respect to civil actions commenced after the effective date set forth in paragraph (1). The amendments made by section 4 shall apply only with respect to cases in which a trial begins after the effective date set forth in paragraph (1). | Alternative Dispute Resolution and Settlement Encouragement Act - Amends the Judicial Improvements and Access to Justice Act with respect to Federal district court arbitration programs to: (1) authorize permanent appropriations. (2) require all district courts to establish by local rule such programs for civil and bankruptcy actions. And (3) increase the monetary ceiling of actions that courts may require to be arbitrated. Amends the Federal judicial code to set forth an offer of settlement procedure in Federal civil diversity litigation. Amends rule 702 of the Federal Rules of Evidence to: (1) establish a standard for the admissibility of expert scientific testimony. And (2) make such testimony inadmissible if the witness is entitled to any compensation based upon the legal disposition of any claim related to such testimony. | Alternative Dispute Resolution and Settlement Encouragement Act |
104_hr1758 | TITLE I--HEALTH CARE FRAUD PROSECUTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Health Care Fraud Prosecution Act
of 1995''.
SEC. 102. INCREASED PENALTIES FOR HEALTH CARE FRAUD.
(a) Offense.--Part I of title 18, United States Code, is amended by
inserting after chapter 50A the following new chapter:
``CHAPTER 50B--HEALTH CARE FRAUD
``Sec.
``1101. Health care fraud.
``1102. Penalties.
``1103. Restitution.
``Sec. 1101. Health care fraud
``(a) Definition.--In this section, the term `health care provider'
means--
``(1) a physician, nurse, dentist, therapist, pharmacist,
or other professional provider of health care; and
``(2) a hospital, health maintenance organization,
pharmacy, laboratory, clinic, or other health care facility or
a provider of medical services, medical devices, medical
equipment, or other medical supplies.
``(b) Offense.--A health care provider that engages in conduct
constituting an offense under section 1341 or 1343 of this title for
the purpose of or in connection with the provision of health care
services or supplies or the payment therefor or reimbursement of the
costs thereof, when--
``(1) the amount of loss caused by the fraudulent conduct
exceeds $10,000; or
``(2) the offender had previously been convicted of fraud
in Federal or State court,
shall be fined under this title, imprisoned in accordance with section
1102 of this title, or both.
``Sec. 1102. Penalties
``(a) In General.--In the case of an offense under section 1101 of
this title not described in subsection (b) or (c) of this section, the
offender shall be sentenced to a term of imprisonment of not more than
10 years.
``(b) Serious Physical Injury or Endangerment of Life of Patient.--
In the case of an offense under section 1101 of this title that--
``(1) caused serious physical injury to a patient; or
``(2) endangered the life of a patient,
the offender shall be sentenced to a term of imprisonment of not more
than 20 years.
``(c) Death of Patient.--In the case of an offense under section
1101 of this title that caused the death of a patient, the offender
shall be sentenced to a term of imprisonment of not more than life.
``Sec. 1103. Restitution
``(a) In General.--In sentencing a person convicted of an offense
under section 1101 of this title, the court shall order the offender to
pay restitution to the patient and any payor, such as an insurer,
employer health benefit plan, or government program, for economic loss
sustained as a result of the offense.
``(b) Restitution Procedure.--Except to the extent inconsistent
with this section, sections 3363 and 3364 of this title apply to
restitution made under this section.''.
(b) Clerical Amendment.--The table of chapters at the beginning of
part I of title 18, United States Code, is amended by inserting after
the item relating to chapter 50A the following new item:
``50B. Health care fraud.''.
SEC. 103. CRIMINAL FORFEITURE OF HEALTH CARE FRAUD PROCEEDS.
Section 982(a) of title 18, United States Code, is amended by
adding at the end the following new paragraph:
``(6) The court, in imposing sentence on a person convicted of an
offense under section 1101 of this title, shall order that the offender
forfeit to the United States any real or personal property constituting
or derived from proceeds that the offender obtained directly or
indirectly as the result of the offense.''.
SEC. 104. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND
CONVICTION.
Section 3059(c)(1) of title 18, United States Code, is amended by
inserting ``1101 or'' before ``2326''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for the purposes of
carrying out the amendments made by this title--
(1) for fiscal year 1996--
(A) $25,000,000 for the Federal Bureau of
Investigation to hire, equip, and train no fewer than
250 special agents and support staff to investigate
health-care fraud cases;
(B) $5,000,000 to hire, equip, and train no fewer
than 50 assistant United States Attorneys and support
staff to prosecute health-care fraud cases; and
(C) $5,000,000 to hire, equip, and train no fewer
than 50 investigators in the Office of Inspector
General, Department of Health and Human Services, to be
devoted exclusively to health-care fraud cases; and
(2) for each fiscal year thereafter, such sums as may be
necessary.
TITLE II--HEALTH CARE FRAUD AND ABUSE COMMISSION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Health Care Fraud and Abuse
Commission Act of 1995''.
SEC. 202. ESTABLISHMENT OF HEALTH CARE FRAUD AND ABUSE COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Health Care Fraud and Abuse Commission'' (in this title referred
to as the ``Commission'').
(b) Composition.--The Commission shall be composed of 18 members as
follows:
(1) Officials.--
(A) The Secretary of Health and Human Services (or
the Secretary's designee).
(B) The Inspector General of the Department of
Health and Human Services (or the Inspector General's
designee).
(C) The Attorney General (or the Attorney General's
designee).
(D) The Director of the Federal Bureau of
Investigation (or the Director's designee).
(E) The Administrator of the Health Care Financing
Administration (or the Administrator's designee).
(2) Public members.--Thirteen members, appointed by the
President, of which--
(A) one shall be an Attorney General of a State;
(B) one shall be a representative of State medicaid
fraud control programs;
(C) one shall be a State official directly
responsible for regulation of health insurance;
(D) one shall be a representative of physicians;
(E) one shall be a representative of hospital
administrators;
(F) one shall be a representative of health
insurance companies;
(G) one shall be a representative of employers who
self-fund employee health benefit plans;
(H) one shall be a representative of employers who
purchase a health benefit plan from a health insurance
company;
(I) one shall be a representative of medicare
carriers;
(J) one shall be a representative of medicare peer
review organizations;
(K) one shall be a representative of health care
consumers;
(L) one shall be a representative of medicare
beneficiaries; and
(M) one shall be a representative of labor unions.
In making appointments under this paragraph of an individual
who is a representative of persons or organizations, the
President shall consider the recommendations of national
organizations that represent such persons or organizations. The
President shall report to Congress, within 90 days after the
date of the enactment of this Act, the names of the members
appointed under this paragraph.
(c) Terms.--Each member shall be appointed for the life of the
Commission. A vacancy in the Commission shall be filled in the manner
in which the original appointment was made.
SEC. 203. FUNCTIONS OF COMMISSION.
(a) In General.--The Commission shall--
(1) investigate the nature, magnitude, and cost of health
care fraud and abuse in the United States, and
(2) identify and develop the most effective methods of
preventing, detecting, and prosecuting or litigating such fraud
and abuse, with particular emphasis on coordinating public and
private prevention, detection, and enforcement efforts.
(b) Particulars.--Among other items, the Commission shall examine
at least the following:
(1) Mechanisms to provide greater standardization of claims
administration in order to accommodate fraud prevention and
detection.
(2) Mechanisms to allow more freedom of health benefit
plans to exchange information for coordinating case development
and prosecution or litigation efforts, without undermining
patient and provider privacy protections or violating anti-
trust laws.
(3) The extension to private health insurers of
administrative remedies currently available to public insurers.
(4) Mechanisms for private insurers to organize and finance
investigation and litigation efforts when more than one insurer
may have received fraudulent claims from a provider.
(5) Creating a model State statute for establishing State
insurance fraud units and State laws to strengthen insurers'
ability to pursue and recover from fraudulent providers.
(6) The need for regulation of new types of health care
providers.
(7) Criteria for physician referrals to facilities in which
they (or family members) have a financial interest.
(8) The availability of resources to law enforcement
authorities to combat health care fraud and abuse.
(c) Report.--After approval by a majority vote, a quorum being
present, the Commission shall transmit to Congress a report on its
activities. The report shall be transmitted not later than 18 months
after the date that a majority of the public members of the Commission
have been appointed. The report shall contain a detailed statement of
the Commission's findings, together with such recommendations as the
Commission considers appropriate.
SEC. 204. ORGANIZATION AND COMPENSATION.
(a) Organization.--
(1) Quorum.--A majority of the members of the Commission
shall constitute a quorum but a lesser number may hold
hearings.
(2) Chairman.--The Commission shall elect one of its
members to serve as chairman of the Commission.
(3) Meetings.--The Commission shall meet at the call of the
chairman or a majority of its members. Meetings of the
Commission are open to the public under section 10(a)(10) of
the Federal Advisory Committee Act, except that the Commission
may conduct meetings in executive session but only if a
majority of the members of the Commission (a quorum being
present) approve going into executive session.
(b) Compensation of Members.--Members of the Commission shall serve
without compensation, but shall be reimbursed for travel, subsistence,
and other necessary expenses incurred in the performance of their
duties as members of the Commission.
SEC. 205. STAFF OF COMMISSION.
(a) In General.--The Commission may appoint and fix the
compensation of a staff director and such other additional personnel as
may be necessary to enable the Commission to carry out its functions,
without regard to the laws, rules, and regulations governing
appointment and compensation and other conditions of service in the
competitive service.
(b) Detail of Federal Employees.--Upon request of the chairman, any
Federal employee who is subject to such laws, rules, and regulations,
may be detailed to the Commission to assist it in carrying out its
functions under this title, and such detail shall be without
interruption or loss of civil service status or privilege.
(c) Experts and Consultants.--The Commission may procure temporary
and intermittent services under section 3109(b) of title 5, United
States Code, but at rates for individuals not to exceed the daily
equivalent of 120 percent of the maximum annual rate of basic pay
payable for GS-15 of the General Schedule.
SEC. 206. AUTHORITY OF COMMISSION.
(a) Hearings and Sessions.--The Commission may, for the purpose of
carrying out this title, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Commission
considers appropriate. The Commission may administer oaths or
affirmations to witnesses appearing before it.
(b) Obtaining Official Data.--
(1) In general.--The Commission may secure directly from
any department or agency of the United States information
necessary to enable it to carry out this title. Upon request of
the chairman of the Commission, the head of that department or
agency shall furnish that information to the Commission.
(2) Access to information.--Information obtained by the
Commission is available to the public in the same manner in
which information may be made available under sections 552 and
552a of title 5, United States Code.
(c) Gifts, Bequests, and Devises.--The Commission may accept, use,
and dispose of gifts, bequests, or devises of services or property for
the purpose of aiding or facilitating the work of the Commission.
(d) Mails.--The Commission may use the United States mails in the
same manner and under the same conditions as other departments and
agencies of the United States.
(e) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services necessary for the Commission to carry out its responsibilities
under this title.
(f) Subpoena Power.--
(1) In general.--The Commission may issue subpoenas
requiring the attendance and testimony of witnesses and the
production of any evidence relating to any matter which the
Commission is authorized to investigate under this title. The
attendance of witnesses and the production of evidence may be
required from any place within the United States at any
designated place of hearing within the United States.
(2) Failure to obey a subpoena.--If a person refuses to
obey a subpoena issued under paragraph (1), the Commission may
apply to a United States district court for an order requiring
that person to appear before the Commission to give testimony,
produce evidence, or both, relating to the matter under
investigation. The application may be made within the judicial
district where the hearing is conducted or where that person is
found, resides, or transacts business. Any failure to obey the
order of the court may be punished by the court as civil
contempt.
(3) Service of subpoenas.--The subpoenas of the Commission
shall be served in the manner provided for subpoenas issued by
a United States district court under the Federal Rules of Civil
Procedure for the United States district courts.
(4) Service of process.--All process of any court to which
application is to be made under paragraph (2) may be served in
the judicial district in which the person required to be served
resides or may be found.
SEC. 207. TERMINATION.
The Commission shall terminate 90 days after the date the report is
submitted under section 203(c).
SEC. 208. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Commission such sums
as are necessary to carry out its functions, to remain available until
expended. | TABLE OF CONTENTS: Title I: Health Care Fraud Prosecution Title II: Health Care Fraud and Abuse Commission Title I: Health Care Fraud Prosecution - Health Care Fraud Prosecution Act of 1995 - Amends the Federal criminal code to provide penalties for fraud by health care providers in connection with the provision of, or payments or reimbursement for, health care services or supplies, when: (1) the loss caused by the fraudulent conduct exceeds $10,000. Or (2) the offender has previously been convicted of fraud in Federal or State court. Limits such penalties to ten years' imprisonment, unless the offense caused serious physical injury to, or endangered the life of, a patient or caused the death of a patient . Specifies that the sentencing court shall order a person convicted of an offense under this title to pay restitution to the patient and any payor for losses sustained as a result of the offense. Provides for criminal forfeiture of the proceeds of health care fraud. Authorizes appropriations for the Federal Bureau of Investigation, US Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases. Title II: Health Care Fraud and Abuse Commission - Health Care Fraud and Abuse Commission Act of 1995 - Establishes the Health Care Fraud and Abuse Commission to investigate the nature, magnitude, and cost of health care fraud and abuse and develop methods for its prevention, detection, and prosecution or litigation. Authorizes appropriations. | To provide for a Federal response to fraud in connection with the provision of or receipt of payment for health care services, and for other purposes. | 16,213 | 1,609 | TITLE I HEALTH CARE FRAUD PROSECUTION Section 101. SHORT TITLE. This title may be cited as the "Health Care Fraud Prosecution Act of 1995". Section 102. INCREASED PENALTIES FOR HEALTH CARE FRAUD. Offense. Part I of title 18, United States Code, is amended by inserting after chapter 50A the following new chapter: "CHAPTER 50B HEALTH CARE FRAUD "Section "1101. Health care fraud. "1102. Penalties. "1103. Restitution. "Section 1101. Health care fraud Definition. In this section, the term `health care provider' means a physician, nurse, dentist, therapist, pharmacist, or other professional provider of health care. And a hospital, health maintenance organization, pharmacy, laboratory, clinic, or other health care facility or a provider of medical services, medical devices, medical equipment, or other medical supplies. Offense. A health care provider that engages in conduct constituting an offense under section 1341 or 1343 of this title for the purpose of or in connection with the provision of health care services or supplies or the payment therefor or reimbursement of the costs thereof, when the amount of loss caused by the fraudulent conduct exceeds $10,000. Or the offender had previously been convicted of fraud in Federal or State court, shall be fined under this title, imprisoned in accordance with section 1102 of this title, or both. "Section 1102. Penalties In General. In the case of an offense under section 1101 of this title not described in subsection (b) or (c) of this section, the offender shall be sentenced to a term of imprisonment of not more than 10 years. Serious Physical Injury or Endangerment of Life of Patient. In the case of an offense under section 1101 of this title that caused serious physical injury to a patient. Or endangered the life of a patient, the offender shall be sentenced to a term of imprisonment of not more than 20 years. Death of Patient. In the case of an offense under section 1101 of this title that caused the death of a patient, the offender shall be sentenced to a term of imprisonment of not more than life. "Section 1103. Restitution In General. In sentencing a person convicted of an offense under section 1101 of this title, the court shall order the offender to pay restitution to the patient and any payor, such as an insurer, employer health benefit plan, or government program, for economic loss sustained as a result of the offense. Restitution Procedure. Except to the extent inconsistent with this section, sections 3363 and 3364 of this title apply to restitution made under this section.". Clerical Amendment. The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 50A the following new item: "50B. Health care fraud.". Section 103. CRIMINAL FORFEITURE OF HEALTH CARE FRAUD PROCEEDS. Section 982(a) of title 18, United States Code, is amended by adding at the end the following new paragraph: The court, in imposing sentence on a person convicted of an offense under section 1101 of this title, shall order that the offender forfeit to the United States any real or personal property constituting or derived from proceeds that the offender obtained directly or indirectly as the result of the offense.". Section 104. REWARDS FOR INFORMATION LEADING TO PROSECUTION AND CONVICTION. Section 3059(c)(1) of title 18, United States Code, is amended by inserting "1101 or" before "2326". Section 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for the purposes of carrying out the amendments made by this title for fiscal year 1996 $25,000,000 for the Federal Bureau of Investigation to hire, equip, and train no fewer than 250 special agents and support staff to investigate health-care fraud cases. $5,000,000 to hire, equip, and train no fewer than 50 assistant United States Attorneys and support staff to prosecute health-care fraud cases. And $5,000,000 to hire, equip, and train no fewer than 50 investigators in the Office of Inspector General, Department of Health and Human Services, to be devoted exclusively to health-care fraud cases. And for each fiscal year thereafter, such sums as may be necessary. TITLE II HEALTH CARE FRAUD AND ABUSE COMMISSION Section 201. SHORT TITLE. This title may be cited as the "Health Care Fraud and Abuse Commission Act of 1995". Section 202. ESTABLISHMENT OF HEALTH CARE FRAUD AND ABUSE COMMISSION. In General. There is established a commission to be known as the "Health Care Fraud and Abuse Commission" . Composition. The Commission shall be composed of 18 members as follows: Officials. The Secretary of Health and Human Services . The Inspector General of the Department of Health and Human Services . The Attorney General . The Director of the Federal Bureau of Investigation . The Administrator of the Health Care Financing Administration . Public members. Thirteen members, appointed by the President, of which one shall be an Attorney General of a State. One shall be a representative of State medicaid fraud control programs. One shall be a State official directly responsible for regulation of health insurance, one shall be a representative of physicians, one shall be a representative of hospital administrators, one shall be a representative of health insurance companies. One shall be a representative of employers who self-fund employee health benefit plans. One shall be a representative of employers who purchase a health benefit plan from a health insurance company, one shall be a representative of medicare carriers, one shall be a representative of medicare peer review organizations, one shall be a representative of health care consumers, one shall be a representative of medicare beneficiaries. And one shall be a representative of labor unions. In making appointments under this paragraph of an individual who is a representative of persons or organizations, the President shall consider the recommendations of national organizations that represent such persons or organizations. The President shall report to Congress, within 90 days after the date of the enactment of this Act, the names of the members appointed under this paragraph. Terms. Each member shall be appointed for the life of the Commission. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. Section 203. FUNCTIONS OF COMMISSION. In General. The Commission shall investigate the nature, magnitude, and cost of health care fraud and abuse in the United States, and identify and develop the most effective methods of preventing, detecting, and prosecuting or litigating such fraud and abuse, with particular emphasis on coordinating public and private prevention, detection, and enforcement efforts. Particulars. Among other items, the Commission shall examine at least the following: Mechanisms to provide greater standardization of claims administration in order to accommodate fraud prevention and detection. Mechanisms to allow more freedom of health benefit plans to exchange information for coordinating case development and prosecution or litigation efforts, without undermining patient and provider privacy protections or violating anti- trust laws. The extension to private health insurers of administrative remedies currently available to public insurers. Mechanisms for private insurers to organize and finance investigation and litigation efforts when more than one insurer may have received fraudulent claims from a provider. Creating a model State statute for establishing State insurance fraud units and State laws to strengthen insurers' ability to pursue and recover from fraudulent providers. The need for regulation of new types of health care providers. Criteria for physician referrals to facilities in which they have a financial interest. The availability of resources to law enforcement authorities to combat health care fraud and abuse. Report. After approval by a majority vote, a quorum being present, the Commission shall transmit to Congress a report on its activities. The report shall be transmitted not later than 18 months after the date that a majority of the public members of the Commission have been appointed. The report shall contain a detailed statement of the Commission's findings, together with such recommendations as the Commission considers appropriate. Section 204. ORGANIZATION AND COMPENSATION. Organization. Quorum. A majority of the members of the Commission shall constitute a quorum but a lesser number may hold hearings. Chairman. The Commission shall elect one of its members to serve as chairman of the Commission. Meetings. The Commission shall meet at the call of the chairman or a majority of its members. Meetings of the Commission are open to the public under section 10(a)(10) of the Federal Advisory Committee Act, except that the Commission may conduct meetings in executive session but only if a majority of the members of the Commission approve going into executive session. Compensation of Members. Members of the Commission shall serve without compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Commission. Section 205. STAFF OF COMMISSION. In General. The Commission may appoint and fix the compensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions, without regard to the laws, rules, and regulations governing appointment and compensation and other conditions of service in the competitive service. Detail of Federal Employees. Upon request of the chairman, any Federal employee who is subject to such laws, rules, and regulations, may be detailed to the Commission to assist it in carrying out its functions under this title, and such detail shall be without interruption or loss of civil service status or privilege. Experts and Consultants. The Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of 120 percent of the maximum annual rate of basic pay payable for GS-15 of the General Schedule. Section 206. AUTHORITY OF COMMISSION. Hearings and Sessions. The Commission may, for the purpose of carrying out this title, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. The Commission may administer oaths or affirmations to witnesses appearing before it. Obtaining Official Data. In general. The Commission may secure directly from any department or agency of the United States information necessary to enable it to carry out this title. Upon request of the chairman of the Commission, the head of that department or agency shall furnish that information to the Commission. Access to information. Information obtained by the Commission is available to the public in the same manner in which information may be made available under sections 552 and 552a of title 5, United States Code. Gifts, Bequests, and Devises. The Commission may accept, use, and dispose of gifts, bequests, or devises of services or property for the purpose of aiding or facilitating the work of the Commission. Mails. The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States. Administrative Support Services. Upon the request of the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative support services necessary for the Commission to carry out its responsibilities under this title. Subpoena Power. In general. The Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter which the Commission is authorized to investigate under this title. The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. Failure to obey a subpoena. If a person refuses to obey a subpoena issued under paragraph (1), the Commission may apply to a United States district court for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. The application may be made within the judicial district where the hearing is conducted or where that person is found, resides, or transacts business. Any failure to obey the order of the court may be punished by the court as civil contempt. Service of subpoenas. The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a United States district court under the Federal Rules of Civil Procedure for the United States district courts. Service of process. All process of any court to which application is to be made under paragraph (2) may be served in the judicial district in which the person required to be served resides or may be found. Section 207. TERMINATION. The Commission shall terminate 90 days after the date the report is submitted under section 203(c). Section 208. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Commission such sums as are necessary to carry out its functions, to remain available until expended. | TABLE OF CONTENTS: Title I: Health Care Fraud Prosecution Title II: Health Care Fraud and Abuse Commission Title I: Health Care Fraud Prosecution - Health Care Fraud Prosecution Act of 1995 - Amends the Federal criminal code to provide penalties for fraud by health care providers in connection with the provision of, or payments or reimbursement for, health care services or supplies, when: (1) the loss caused by the fraudulent conduct exceeds $10,000. Or (2) the offender has previously been convicted of fraud in Federal or State court. Limits such penalties to ten years' imprisonment, unless the offense caused serious physical injury to, or endangered the life of, a patient or caused the death of a patient . Specifies that the sentencing court shall order a person convicted of an offense under this title to pay restitution to the patient and any payor for losses sustained as a result of the offense. Provides for criminal forfeiture of the proceeds of health care fraud. Authorizes appropriations for the Federal Bureau of Investigation, US Attorneys, and the Office of Inspector General of the Department of Health and Human Services to hire, equip, and train personnel in connection with the investigation and prosecution of health care fraud cases. Title II: Health Care Fraud and Abuse Commission - Health Care Fraud and Abuse Commission Act of 1995 - Establishes the Health Care Fraud and Abuse Commission to investigate the nature, magnitude, and cost of health care fraud and abuse and develop methods for its prevention, detection, and prosecution or litigation. Authorizes appropriations. | To provide for a Federal response to fraud in connection with the provision of or receipt of payment for health care services, and for other purposes. |
109_hr3924 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refinery Expansion Act of 2005''.
SEC. 2. 100 PERCENT EXPENSING OR 5-YEAR DEPRECIATION OF COSTS OF
REFINERY PROPERTY WHICH INCREASE REFINERY OUTPUT BY AT
LEAST 5 PERCENT.
(a) Expensing.--Subsection (a) of section 179C of the Internal
Revenue Code of 1986 (relating to election to expense certain
refineries) is amended to read as follows:
``(a) Treatment as Expenses.--
``(1) In general.--Except in the case of refinery property
to which subsection (e) applies, a taxpayer may elect to treat
50 percent of the cost of qualified refinery property as an
expense which is not chargeable to capital account. Any cost so
treated shall be allowed as a deduction for the taxable year in
which the qualified refinery property is placed in service.
``(2) Property to which subsection (e) applies.--In the
case of refinery property to which subsection (e) applies, a
taxpayer may elect to treat 100 percent of the cost of such
property as an expense which is not chargeable to capital
account. Any cost so treated shall be allowed as a deduction
for the taxable year in which such cost is paid or incurred by
the taxpayer.''.
(b) 5-Year Depreciation.--Subparagraph (B) of section 168(e)(3) of
such Code (relating to classification of property) is amended by
striking ``and'' at the end of clause (v), by striking the period at
the end clause (vi) and inserting ``, and'', and by inserting after
clause (vi) the following new clause:
``(vii) refinery property the cost of which
would have been eligible for expensing under
section 179C(a)(2) but for the absence of an
election under section 179C.''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in the amendments made by section 1323 of the
Energy Policy Act of 2005.
SEC. 3. DEPRECIATION RECOVERY PERIOD FOR OIL AND GAS PIPELINES REDUCED
TO 7 YEARS.
(a) In General.--Subparagraph (C) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property)
is amended by striking ``and'' at the end of clause (iv), by
redesignating clause (v) as clause (vi), and by inserting after clause
(iv) the following new clause:
``(v) any oil or natural gas distribution
line the original use of which commences with
the taxpayer after April 11, 2005, and which is
placed in service before January 1, 2011,
and''.
(b) Conforming Amendments.--
(1) Subparagraph (E) of section 168(e)(3) of such Code is
amended by adding ``and'' at the end of clause (vi), by
striking ``, and'' at the end of clause (vii) and inserting a
period, and by striking clause (viii).
(2) The table contained in section 168(g)(3)(B) of such
Code (relating to special rule for certain property assigned to
classes) is amended--
(A) by striking the item relating to subparagraph
(E)(viii), and
(B) by inserting after the item relating to
subparagraph (C)(vii) the following new item:
``(C)(v).................................................... 35''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 1325 of the Energy Policy Act of 2005.
SEC. 4. 5-YEAR DEPRECIATION RECOVERY PERIOD FOR PETROLEUM STORAGE
FACILITIES.
(a) In General.--Subparagraph (B) of section 168(e)(3) of the
Internal Revenue Code of 1986 (relating to classification of property),
as amended by section 2, is amended by striking ``and'' at the end of
clause (vi), by striking the period at the end clause (vii) and
inserting ``, and'', and by inserting after clause (vii) the following
new clause:
``(viii) a storage facility (not including
a building and its structural components) used
in connection with the distribution of
petroleum or any primary product of petroleum
if--
``(I) the original use of such
facility commences with the taxpayer
after the date of the enactment of this
clause, and
``(II) such facility is placed in
service before January 1, 2011.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply to property placed in service after the date of the
enactment of this Act.
(2) Exception.--The amendments made by this section shall
not apply to any property with respect to which the taxpayer or
a related party has entered into a binding contract for the
construction thereof on or before such date, or, in the case of
self-constructed property, has started construction on or
before such date.
SEC. 5. TEMPORARY SUSPENSION OF DEPRECIATION RECAPTURE ON SECTION 1245
REFINERY PROPERTY.
(a) In General.--Subsection (b) of section 1245 of the Internal
Revenue Code of 1986 (relating to exceptions and limitations) is
amended by adding at the end the following new paragraph:
``(9) Refinery property being upgraded.--Subsection (a)
shall not apply to property--
``(A) which, before the date of the enactment of
this paragraph, was used by the taxpayer in the
processing liquid fuel from crude oil or qualified
fuels (as defined in section 45K(c)) at a refinery
located in the United States,
``(B) which is disposed of before January 1, 2012,
and
``(C) which is replaced by the taxpayer with
upgraded equipment which increases the refinery's
overall output, decreases the refinery's pollution
output, or results in cleaner-burning fuel.''.
(b) Effective Date.--The amendment made by this section shall apply
to dispositions after the date of the enactment of this Act in taxable
years ending after such date. | Refinery Expansion Act of 2005 - Amends the Internal Revenue Code to: (1) revise the tax deduction for certain liquid fuels refinery property to allow expensing of the entire cost of such property if the property allows for a production capacity increase of five percent or more on an average daily basis. (2) allow, in lieu of such expensing deduction, a five-year recovery period for the depreciation of such refinery property. (3) allow a seven-year recovery period for the depreciation of certain oil and gas distribution lines. And (4) allow a five-year recovery period for the depreciation of certain petroleum storage facilities. | To amend the Internal Revenue Code of 1986 to provide tax incentives for oil refineries, oil and gas pipelines, and petroleum storage facilities. | 6,702 | 636 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Refinery Expansion Act of 2005". <SECTION-HEADER> 100 PERCENT EXPENSING OR 5-YEAR DEPRECIATION OF COSTS OF REFINERY PROPERTY WHICH INCREASE REFINERY OUTPUT BY AT LEAST 5 PERCENT. Expensing. Subsection (a) of section 179C of the Internal Revenue Code of 1986 is amended to read as follows: Treatment as Expenses. In general. Except in the case of refinery property to which subsection (e) applies, a taxpayer may elect to treat 50 percent of the cost of qualified refinery property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which the qualified refinery property is placed in service. Property to which subsection (e) applies. In the case of refinery property to which subsection (e) applies, a taxpayer may elect to treat 100 percent of the cost of such property as an expense which is not chargeable to capital account. Any cost so treated shall be allowed as a deduction for the taxable year in which such cost is paid or incurred by the taxpayer.". 5-Year Depreciation. Subparagraph (B) of section 168(e)(3) of such Code is amended by striking "and" at the end of clause (v), by striking the period at the end clause (vi) and inserting ", and", and by inserting after clause (vi) the following new clause: refinery property the cost of which would have been eligible for expensing under section 179C(a)(2) but for the absence of an election under section 179C.". Effective Date. The amendments made by this section shall take effect as if included in the amendments made by section 1323 of the Energy Policy Act of 2005. <SECTION-HEADER> DEPRECIATION RECOVERY PERIOD FOR OIL AND GAS PIPELINES REDUCED TO 7 YEARS. In General. Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 is amended by striking "and" at the end of clause (iv), by redesignating clause (v) as clause (vi), and by inserting after clause the following new clause: any oil or natural gas distribution line the original use of which commences with the taxpayer after April 11, 2005, and which is placed in service before January 1, 2011, and". Conforming Amendments. Subparagraph (E) of section 168(e)(3) of such Code is amended by adding "and" at the end of clause (vi), by striking ", and" at the end of clause (vii) and inserting a period, and by striking clause (viii). The table contained in section 168(g)(3)(B) of such Code is amended by striking the item relating to subparagraph (viii), and by inserting after the item relating to subparagraph (C)(vii) the following new item: (v).......................... 35". Effective Date. The amendments made by this section shall take effect as if included in section 1325 of the Energy Policy Act of 2005. <SECTION-HEADER> 5-YEAR DEPRECIATION RECOVERY PERIOD FOR PETROLEUM STORAGE FACILITIES. In General. Subparagraph (B) of section 168(e)(3) of the Internal Revenue Code of 1986 , as amended by section 2, is amended by striking "and" at the end of clause (vi), by striking the period at the end clause (vii) and inserting ", and", and by inserting after clause (vii) the following new clause: a storage facility used in connection with the distribution of petroleum or any primary product of petroleum if the original use of such facility commences with the taxpayer after the date of the enactment of this clause, and such facility is placed in service before January 1, 2011.". Effective Date. In general. The amendments made by this section shall apply to property placed in service after the date of the enactment of this Act. Exception. The amendments made by this section shall not apply to any property with respect to which the taxpayer or a related party has entered into a binding contract for the construction thereof on or before such date, or, in the case of self-constructed property, has started construction on or before such date. <SECTION-HEADER> TEMPORARY SUSPENSION OF DEPRECIATION RECAPTURE ON SECTION 1245 REFINERY PROPERTY. In General. Subsection (b) of section 1245 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: Refinery property being upgraded. Subsection (a) shall not apply to property which, before the date of the enactment of this paragraph, was used by the taxpayer in the processing liquid fuel from crude oil or qualified fuels (as defined in section 45K(c)) at a refinery located in the United States, which is disposed of before January 1, 2012, and which is replaced by the taxpayer with upgraded equipment which increases the refinery's overall output, decreases the refinery's pollution output, or results in cleaner-burning fuel.". Effective Date. The amendment made by this section shall apply to dispositions after the date of the enactment of this Act in taxable years ending after such date. | Refinery Expansion Act of 2005 - Amends the Internal Revenue Code to: (1) revise the tax deduction for certain liquid fuels refinery property to allow expensing of the entire cost of such property if the property allows for a production capacity increase of five percent or more on an average daily basis. (2) allow, in lieu of such expensing deduction, a five-year recovery period for the depreciation of such refinery property. (3) allow a seven-year recovery period for the depreciation of certain oil and gas distribution lines. And (4) allow a five-year recovery period for the depreciation of certain petroleum storage facilities. | To amend the Internal Revenue Code of 1986 to provide tax incentives for oil refineries, oil and gas pipelines, and petroleum storage facilities. |
107_s166 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``James Guelff and Chris McCurley Body
Armor Act of 2001''.
SEC. 2. FINDINGS.
Congress finds that--
(1) nationally, police officers and ordinary citizens are
facing increased danger as criminals use more deadly weaponry,
body armor, and other sophisticated assault gear;
(2) crime at the local level is exacerbated by the
interstate movement of body armor and other assault gear;
(3) there is a traffic in body armor moving in or otherwise
affecting interstate commerce, and existing Federal controls
over such traffic do not adequately enable the States to
control this traffic within their own borders through the
exercise of their police power;
(4) recent incidents, such as the murder of San Francisco
Police Officer James Guelff by an assailant wearing 2 layers of
body armor, a 1997 bank shoot out in north Hollywood,
California, between police and 2 heavily armed suspects
outfitted in body armor, and the 1997 murder of Captain Chris
McCurley of the Etowah County, Alabama Drug Task Force by a
drug dealer shielded by protective body armor, demonstrate the
serious threat to community safety posed by criminals who wear
body armor during the commission of a violent crime;
(5) of the approximately 1,200 officers killed in the line
of duty since 1980, more than 30 percent could have been saved
by body armor, and the risk of dying from gunfire is 14 times
higher for an officer without a bulletproof vest;
(6) the Department of Justice has estimated that 25 percent
of State and local police are not issued body armor;
(7) the Federal Government is well-equipped to grant local
police departments access to body armor that is no longer
needed by Federal agencies; and
(8) Congress has the power, under the interstate commerce
clause and other provisions of the Constitution of the United
States, to enact legislation to regulate interstate commerce
that affects the integrity and safety of our communities.
SEC. 3. DEFINITIONS.
In this Act:
(1) Body armor.--The term ``body armor'' means any product
sold or offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.
(2) Law enforcement agency.--The term ``law enforcement
agency'' means an agency of the United States, a State, or a
political subdivision of a State, authorized by law or by a
government agency to engage in or supervise the prevention,
detection, investigation, or prosecution of any violation of
criminal law.
(3) Law enforcement officer.--The term ``law enforcement
officer'' means any officer, agent, or employee of the United
States, a State, or a political subdivision of a State,
authorized by law or by a government agency to engage in or
supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
SEC. 4. AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR.
(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, the United States Sentencing Commission
shall review and amend the Federal sentencing guidelines and the policy
statements of the Commission, as appropriate, to provide an appropriate
sentencing enhancement for any crime of violence (as defined in section
16 of title 18, United States Code) or drug trafficking crime (as
defined in section 924(c) of title 18, United States Code) (including a
crime of violence or drug trafficking crime that provides for an
enhanced punishment if committed by the use of a deadly or dangerous
weapon or device) in which the defendant used body armor.
(b) Sense of Congress.--It is the sense of Congress that any
sentencing enhancement under this section should be at least 2 levels.
SEC. 5. PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY
VIOLENT FELONS.
(a) Definition of Body Armor.--Section 921(a) of title 18, United
States Code, is amended by adding at the end the following:
``(35) The term `body armor' means any product sold or
offered for sale, in interstate or foreign commerce, as
personal protective body covering intended to protect against
gunfire, regardless of whether the product is to be worn alone
or is sold as a complement to another product or garment.''.
(b) Prohibition.--
(1) In general.--Chapter 44 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 931. Prohibition on purchase, ownership, or possession of body
armor by violent felons
``(a) In General.--Except as provided in subsection (b), it shall
be unlawful for a person to purchase, own, or possess body armor, if
that person has been convicted of a felony that is--
``(1) a crime of violence (as defined in section 16); or
``(2) an offense under State law that would constitute a
crime of violence under paragraph (1) if it occurred within the
special maritime and territorial jurisdiction of the United
States.
``(b) Affirmative Defense.--
``(1) In general.--It shall be an affirmative defense under
this section that--
``(A) the defendant obtained prior written
certification from his or her employer that the
defendant's purchase, use, or possession of body armor
was necessary for the safe performance of lawful
business activity; and
``(B) the use and possession by the defendant were
limited to the course of such performance.
``(2) Employer.--In this subsection, the term `employer'
means any other individual employed by the defendant's business
that supervises defendant's activity. If that defendant has no
supervisor, prior written certification is acceptable from any
other employee of the business.''.
(2) Clerical amendment.--The analysis for chapter 44 of
title 18, United States Code, is amended by adding at the end
the following:
``931. Prohibition on purchase, ownership, or possession of body armor
by violent felons.''.
(c) Penalties.--Section 924(a) of title 18, United States Code, is
amended by adding at the end the following:
``(7) Whoever knowingly violates section 931 shall be fined under
this title, imprisoned not more than 3 years, or both.''.
SEC. 6. DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW
ENFORCEMENT AGENCIES.
(a) Definitions.--In this section, the terms ``Federal agency'' and
``surplus property'' have the meanings given such terms under section 3
of the Federal Property and Administrative Services Act of 1949 (40
U.S.C. 472).
(b) Donation of Body Armor.--Notwithstanding section 203 of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484), the head of a Federal agency may donate body armor directly to
any State or local law enforcement agency, if such body armor--
(1) is in serviceable condition;
(2) is surplus property; and
(3) meets or exceeds the requirements of National Institute
of Justice Standard 0101.03 (as in effect on the date of
enactment of this Act).
(c) Notice to Administrator.--The head of a Federal agency who
donates body armor under this section shall submit to the Administrator
of General Services a written notice identifying the amount of body
armor donated and each State or local law enforcement agency that
received the body armor.
(d) Donation by Certain Officers.--
(1) Department of justice.--In the administration of this
section with respect to the Department of Justice, in addition
to any other officer of the Department of Justice designated by
the Attorney General, the following officers may act as the
head of a Federal agency:
(A) The Administrator of the Drug Enforcement
Administration.
(B) The Director of the Federal Bureau of
Investigation.
(C) The Commissioner of the Immigration and
Naturalization Service.
(D) The Director of the United States Marshals
Service.
(2) Department of the treasury.--In the administration of
this section with respect to the Department of the Treasury, in
addition to any other officer of the Department of the Treasury
designated by the Secretary of the Treasury, the following
officers may act as the head of a Federal agency:
(A) The Director of the Bureau of Alcohol, Tobacco,
and Firearms.
(B) The Commissioner of Customs.
(C) The Director of the United States Secret
Service.
(e) No Liability.--Notwithstanding any other provision of law, the
United States shall not be liable for any harm occurring in connection
with the use or misuse of any body armor donated under this section.
Passed the Senate May 14, 2001.
Attest:
GARY SISCO,
Secretary. | James Guelff and Chris McCurley Body Armor Act of 2001 - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements to provide an appropriate enhancement for any crime of violence or drug trafficking crime in which the defendant used body armor. Expresses the sense of Congress that any such sentencing enhancement be at least two levels. Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons. Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity. And (2) the use and possession by the defendant were limited to the course of such performance. Sets penalties for violations. Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition, and that meets or exceeds National Institute of Justice Standard 0101.03, directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency. Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this Act. | A bill to limit access to body armor by violent felons and to facilitate the donation of Federal surplus body armor to State and local law enforcement agencies. | 10,039 | 1,420 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "James Guelff and Chris McCurley Body Armor Act of 2001". <SECTION-HEADER> FINDINGS. Congress finds that nationally, police officers and ordinary citizens are facing increased danger as criminals use more deadly weaponry, body armor, and other sophisticated assault gear. Crime at the local level is exacerbated by the interstate movement of body armor and other assault gear. There is a traffic in body armor moving in or otherwise affecting interstate commerce, and existing Federal controls over such traffic do not adequately enable the States to control this traffic within their own borders through the exercise of their police power. Recent incidents, such as the murder of San Francisco Police Officer James Guelff by an assailant wearing 2 layers of body armor, a 1997 bank shoot out in north Hollywood, California, between police and 2 heavily armed suspects outfitted in body armor, and the 1997 murder of Captain Chris McCurley of the Etowah County, Alabama Drug Task Force by a drug dealer shielded by protective body armor, demonstrate the serious threat to community safety posed by criminals who wear body armor during the commission of a violent crime. Of the approximately 1,200 officers killed in the line of duty since 1980, more than 30 percent could have been saved by body armor, and the risk of dying from gunfire is 14 times higher for an officer without a bulletproof vest. The Department of Justice has estimated that 25 percent of State and local police are not issued body armor. The Federal Government is well-equipped to grant local police departments access to body armor that is no longer needed by Federal agencies. And Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to enact legislation to regulate interstate commerce that affects the integrity and safety of our communities. <SECTION-HEADER> DEFINITIONS. In this Act: Body armor. The term "body armor" means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment. Law enforcement agency. The term "law enforcement agency" means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. Law enforcement officer. The term "law enforcement officer" means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. <SECTION-HEADER> AMENDMENT OF SENTENCING GUIDELINES WITH RESPECT TO BODY ARMOR. In General. Pursuant to its authority under section 994(p) of title 28, United States Code, the United States Sentencing Commission shall review and amend the Federal sentencing guidelines and the policy statements of the Commission, as appropriate, to provide an appropriate sentencing enhancement for any crime of violence or drug trafficking crime (as defined in section 924 in which the defendant used body armor. Sense of Congress. It is the sense of Congress that any sentencing enhancement under this section should be at least 2 levels. <SECTION-HEADER> PROHIBITION OF PURCHASE, USE, OR POSSESSION OF BODY ARMOR BY VIOLENT FELONS. Definition of Body Armor. Section 921(a) of title 18, United States Code, is amended by adding at the end the following: The term `body armor' means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.". Prohibition. In general. Chapter 44 of title 18, United States Code, is amended by adding at the end the following: "Section 931. Prohibition on purchase, ownership, or possession of body armor by violent felons In General. Except as provided in subsection (b), it shall be unlawful for a person to purchase, own, or possess body armor, if that person has been convicted of a felony that is a crime of violence. Or an offense under State law that would constitute a crime of violence under paragraph (1) if it occurred within the special maritime and territorial jurisdiction of the United States. Affirmative Defense. In general. It shall be an affirmative defense under this section that the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity. And the use and possession by the defendant were limited to the course of such performance. Employer. In this subsection, the term `employer' means any other individual employed by the defendant's business that supervises defendant's activity. If that defendant has no supervisor, prior written certification is acceptable from any other employee of the business.". Clerical amendment. The analysis for chapter 44 of title 18, United States Code, is amended by adding at the end the following: "931. Prohibition on purchase, ownership, or possession of body armor by violent felons.". Penalties. Section 924(a) of title 18, United States Code, is amended by adding at the end the following: Whoever knowingly violates section 931 shall be fined under this title, imprisoned not more than 3 years, or both.". <SECTION-HEADER> DONATION OF FEDERAL SURPLUS BODY ARMOR TO STATE AND LOCAL LAW ENFORCEMENT AGENCIES. Definitions. In this section, the terms "Federal agency" and "surplus property" have the meanings given such terms under section 3 of the Federal Property and Administrative Services Act of 1949 . Donation of Body Armor. Notwithstanding section 203 of the Federal Property and Administrative Services Act of 1949 , the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor is in serviceable condition, is surplus property. And meets or exceeds the requirements of National Institute of Justice Standard 0101.03 . Notice to Administrator. The head of a Federal agency who donates body armor under this section shall submit to the Administrator of General Services a written notice identifying the amount of body armor donated and each State or local law enforcement agency that received the body armor. Donation by Certain Officers. Department of justice. In the administration of this section with respect to the Department of Justice, in addition to any other officer of the Department of Justice designated by the Attorney General, the following officers may act as the head of a Federal agency: The Administrator of the Drug Enforcement Administration. The Director of the Federal Bureau of Investigation. The Commissioner of the Immigration and Naturalization Service. The Director of the United States Marshals Service. Department of the treasury. In the administration of this section with respect to the Department of the Treasury, in addition to any other officer of the Department of the Treasury designated by the Secretary of the Treasury, the following officers may act as the head of a Federal agency: The Director of the Bureau of Alcohol, Tobacco, and Firearms. The Commissioner of Customs. The Director of the United States Secret Service. No Liability. Notwithstanding any other provision of law, the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this section. Passed the Senate May 14, 2001. Attest: GARY SISCO, Secretary. | James Guelff and Chris McCurley Body Armor Act of 2001 - Directs the United States Sentencing Commission to review and amend the Federal sentencing guidelines and policy statements to provide an appropriate enhancement for any crime of violence or drug trafficking crime in which the defendant used body armor. Expresses the sense of Congress that any such sentencing enhancement be at least two levels. Amends the Brady Handgun Violence Prevention Act to prohibit the purchase, ownership, or possession of body armor by violent felons. Makes it an affirmative defense that: (1) the defendant obtained prior written certification from his or her employer that the defendant's purchase, use, or possession of body armor was necessary for the safe performance of lawful business activity. And (2) the use and possession by the defendant were limited to the course of such performance. Sets penalties for violations. Authorizes the head of a Federal agency to donate body armor that is surplus property and in serviceable condition, and that meets or exceeds National Institute of Justice Standard 0101.03, directly to any State or local law enforcement agency. Allows specified officials in the Treasury and Justice Departments to act as the head of a Federal agency. Specifies that the United States shall not be liable for any harm occurring in connection with the use or misuse of any body armor donated under this Act. | A bill to limit access to body armor by violent felons and to facilitate the donation of Federal surplus body armor to State and local law enforcement agencies. |
108_s1108 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``225th Anniversary of the American
Revolution Commemoration Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the American Revolution, inspired by the spirit of
liberty and independence among the inhabitants of the original
13 English colonies, was an event of global significance having
a profound and lasting effect on the government, laws, culture,
society, and values of the United States;
(2) the years 2000 through 2008 mark the 225th anniversary
of the American Revolution;
(3) citizens of the United States should have an
opportunity to understand and appreciate the continuing legacy
of the American Revolution;
(4) the 225th anniversary of the American Revolution
provides an opportunity to enhance public awareness and
understanding of the impact of the American Revolution on the
lives of citizens of the United States;
(5) although the National Park Service administers
battlefields, historical parks, historic sites, and programs
that address elements of the story of the American Revolution,
there is a need to establish partnerships that link those sites
and programs with sites and programs of other Federal and non-
Federal entities to place the story of the American Revolution
in the broad context of the causes, consequences, and
significance of the American Revolution; and
(6) a national program of the National Park Service that
links historic structures and sites, routes, activities,
community projects, exhibits, and multimedia materials in a
manner that is unified and flexible is the best method of
conveying to citizens of the United States the story and
significance of the American Revolution.
(b) Purposes.--The purposes of this Act are--
(1) to recognize the enduring importance of the American
Revolution to the lives of citizens of the United States; and
(2) to authorize the National Park Service to coordinate,
connect, and facilitate Federal and non-Federal activities to
commemorate, honor, and interpret the history of the American
Revolution, including the significance and relevance of the
American Revolution to the shape and spirit of the Government
and society of the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Program.--The term ``Program'' means the 225th
Anniversary of the American Revolution Commemoration Program
established under section 4(a).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 4. 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION
PROGRAM.
(a) In General.--The Secretary shall establish within the National
Park Service a program to be known as the ``225th Anniversary of the
American Revolution Commemoration Program''.
(b) Activities.--In carrying out the program, the Secretary shall--
(1) produce and distribute to the public educational
materials relating to the American Revolution, such as--
(A) handbooks;
(B) maps;
(C) interpretive guides; and
(D) electronic information;
(2) enter into appropriate cooperative agreements and
memoranda of understanding to provide technical assistance
under subsection (d);
(3) assist in the protection of resources associated with
the American Revolution;
(4) enhance communications, connections, and collaboration
among units and programs of the National Park Service relating
to the American Revolution;
(5) expand the research base for interpretation of and
education on the American Revolution; and
(6)(A) create and adopt an official, uniform symbol or
device for the theme ``Lighting Freedom's Flame: American
Revolution, 225th Anniversary''; and
(B) promulgate regulations for the use of the symbol or
device.
(c) Components.--The Program shall include--
(1) units and programs of the National Park Service
relevant to the American Revolution, as determined by the
Secretary;
(2) other governmental and nongovernmental--
(A) sites and facilities that are documented to be
directly related to the American Revolution; and
(B) programs of an educational, research, or
interpretive nature relating to the American
Revolution; and
(3) through the Secretary of State, the participation of
the Governments of the United Kingdom, France, the Netherlands,
Spain, and Canada.
(d) Cooperative Agreements and Memoranda of Understanding.--To
achieve the purposes of this Act and to ensure the effective
coordination of the Federal and non-Federal components of the Program
with National Park Service units and programs, the Secretary may enter
into cooperative agreements and memoranda of understanding with, and
provide technical assistance to--
(1) the heads of other Federal agencies, States, units of
local government, and private entities; and
(2) in cooperation with the Secretary of State, the
Governments of the United Kingdom, France, the Netherlands,
Spain, and Canada.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this Act $500,000 for each
of fiscal years 2004 through 2009.
Passed the Senate April 7, 2004.
Attest:
EMILY J. REYNOLDS,
Secretary. | th Anniversary of the American Revolution Commemoration Act - Directs the Secretary of the Interior to establish a program to be known as the 225th Anniversary of the American Revolution Commemoration Program. Requires the Secretary, in carrying out such Program, to: (1) produce and distribute to the public educational materials relating to the American Revolution, such as handbooks, maps, and interpretive guides. (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance as specified below to other Federal agencies, States, local governments, private entities, and the governments of the United Kingdom, France, the Netherlands, Spain, and Canada. (3) assist in the protection of resources associated with the American Revolution. (4) enhance communications, connections, and collaboration among the National Park Service (NPS) units and programs relating to the American Revolution. (5) expand the research base for interpretation of and education on the American Revolution. And (6) create and adopt an official symbol or device for the theme Lighting Freedom's Flame: American Revolution, 225th Anniversary and promulgate regulations for its use. Requires that such Program include: (1) all NPS units and programs relevant to the American Revolution. (2) other governmental and nongovernmental sites, facilities that are documented to be directly related to the American Revolution, and educational, research, and interpretive programs relating to the American Revolution. And (3) the participation of the governments of the United Kingdom, France, the Netherlands, Spain, and Canada. Authorizes the Secretary to enter into cooperative agreements and memoranda of understanding to provide technical assistance to the entities specified above, and in cooperation with the Secretary of State, to the governments of the United Kingdom, France, the Netherlands, Spain, and Canada, to achieve the purposes of this Act and to ensure the effective coordination of the Federal and non-Federal components of the Program with NPS units and programs. Authorizes appropriations. | A bill to establish within the National Park Service the 225th Anniversary of the American Revolution Commemorative Program, and for other purposes. | 6,127 | 2,130 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "225th Anniversary of the American Revolution Commemoration Act". <SECTION-HEADER> FINDINGS AND PURPOSES. Findings. Congress finds that the American Revolution, inspired by the spirit of liberty and independence among the inhabitants of the original 13 English colonies, was an event of global significance having a profound and lasting effect on the government, laws, culture, society, and values of the United States. The years 2000 through 2008 mark the 225th anniversary of the American Revolution. Citizens of the United States should have an opportunity to understand and appreciate the continuing legacy of the American Revolution. The 225th anniversary of the American Revolution provides an opportunity to enhance public awareness and understanding of the impact of the American Revolution on the lives of citizens of the United States. Although the National Park Service administers battlefields, historical parks, historic sites, and programs that address elements of the story of the American Revolution, there is a need to establish partnerships that link those sites and programs with sites and programs of other Federal and non- Federal entities to place the story of the American Revolution in the broad context of the causes, consequences, and significance of the American Revolution. And a national program of the National Park Service that links historic structures and sites, routes, activities, community projects, exhibits, and multimedia materials in a manner that is unified and flexible is the best method of conveying to citizens of the United States the story and significance of the American Revolution. Purposes. The purposes of this Act are to recognize the enduring importance of the American Revolution to the lives of citizens of the United States. And to authorize the National Park Service to coordinate, connect, and facilitate Federal and non-Federal activities to commemorate, honor, and interpret the history of the American Revolution, including the significance and relevance of the American Revolution to the shape and spirit of the Government and society of the United States. <SECTION-HEADER> DEFINITIONS. In this Act: Program. The term "Program" means the 225th Anniversary of the American Revolution Commemoration Program established under section 4(a). Secretary. The term "Secretary" means the Secretary of the Interior. <SECTION-HEADER> 225TH ANNIVERSARY OF THE AMERICAN REVOLUTION COMMEMORATION PROGRAM. In General. The Secretary shall establish within the National Park Service a program to be known as the "225th Anniversary of the American Revolution Commemoration Program". Activities. In carrying out the program, the Secretary shall produce and distribute to the public educational materials relating to the American Revolution, such as handbooks, maps, interpretive guides, and electronic information. Enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (d). Assist in the protection of resources associated with the American Revolution. Enhance communications, connections, and collaboration among units and programs of the National Park Service relating to the American Revolution. Expand the research base for interpretation of and education on the American Revolution. And (A) create and adopt an official, uniform symbol or device for the theme "Lighting Freedom's Flame: American Revolution, 225th Anniversary". And promulgate regulations for the use of the symbol or device. Components. The Program shall include units and programs of the National Park Service relevant to the American Revolution, as determined by the Secretary. Other governmental and nongovernmental sites and facilities that are documented to be directly related to the American Revolution. And programs of an educational, research, or interpretive nature relating to the American Revolution. And through the Secretary of State, the participation of the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada. Cooperative Agreements and Memoranda of Understanding. To achieve the purposes of this Act and to ensure the effective coordination of the Federal and non-Federal components of the Program with National Park Service units and programs, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to the heads of other Federal agencies, States, units of local government, and private entities. And in cooperation with the Secretary of State, the Governments of the United Kingdom, France, the Netherlands, Spain, and Canada. Authorization of Appropriations. There is authorized to be appropriated to the Secretary to carry out this Act $500,000 for each of fiscal years 2004 through 2009. Passed the Senate April 7, 2004. Attest: EMILY J. REYNOLDS, Secretary. | Th Anniversary of the American Revolution Commemoration Act - Directs the Secretary of the Interior to establish a program to be known as the 225th Anniversary of the American Revolution Commemoration Program. Requires the Secretary, in carrying out such Program, to: (1) produce and distribute to the public educational materials relating to the American Revolution, such as handbooks, maps, and interpretive guides. (2) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance as specified below to other Federal agencies, States, local governments, private entities, and the governments of the United Kingdom, France, the Netherlands, Spain, and Canada. (3) assist in the protection of resources associated with the American Revolution. (4) enhance communications, connections, and collaboration among the National Park Service (NPS) units and programs relating to the American Revolution. (5) expand the research base for interpretation of and education on the American Revolution. And (6) create and adopt an official symbol or device for the theme Lighting Freedom's Flame: American Revolution, 225th Anniversary and promulgate regulations for its use. Requires that such Program include: (1) all NPS units and programs relevant to the American Revolution. (2) other governmental and nongovernmental sites, facilities that are documented to be directly related to the American Revolution, and educational, research, and interpretive programs relating to the American Revolution. And (3) the participation of the governments of the United Kingdom, France, the Netherlands, Spain, and Canada. Authorizes the Secretary to enter into cooperative agreements and memoranda of understanding to provide technical assistance to the entities specified above, and in cooperation with the Secretary of State, to the governments of the United Kingdom, France, the Netherlands, Spain, and Canada, to achieve the purposes of this Act and to ensure the effective coordination of the Federal and non-Federal components of the Program with NPS units and programs. Authorizes appropriations. | A bill to establish within the National Park Service the 225th Anniversary of the American Revolution Commemorative Program, and for other purposes. |
106_hr2564 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Law Enforcement Assistance Act
of 1999''.
SEC. 2. FUNDING TO NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.
(a) Funding Authority.--The Attorney General shall provide funds,
subject to appropriations, to the National Center for Rural Law
Enforcement if the Executive Director of the Center certifies, in
writing, to the Attorney General that the Center--
(1) is incorporated in accordance with applicable State
laws;
(2) is in compliance with the by-laws of the Center;
(3) shall use amounts made available under this section in
accordance with subsection (b); and
(4) shall not support any political party or candidate for
elected or appointed office.
(b) Uses of Funds.--
(1) Required uses of funds.--The Center shall use funds
made available under this section to develop an educational
program for employees of law enforcement agencies serving rural
areas which shall include--
(A) the development and delivery of management
education and training, technical assistance, practical
research and evaluation, and computer and forensic
education and training for employees of law enforcement
agencies serving rural areas, tribal law enforcement
employees and railroad law enforcement employees,
including supervisory and executive managers of those
agencies;
(B) conducting research into the causes and
prevention of criminal activity in rural areas,
including the causes, assessment, evaluation, analysis,
and prevention of criminal activity;
(C) the development and dissemination of
information designed to assist States and units of
local government in rural areas throughout the United
States;
(D) the establishment and maintenance of a resource
and information center for the collection, preparation,
and dissemination of information regarding criminal
justice and law enforcement in rural areas, including
programs for the prevention of crime and recidivism;
and
(E) the delivery of assistance, in a consulting
capacity, to criminal justice agencies in the
development, establishment, maintenance, and
coordination of programs, facilities and services,
training, and research relating to crime in rural
areas.
(2) Permissive uses of funds.--The Center may use funds
made available under this section to enhance the educational
program developed under paragraph (1), through--
(A) educational opportunities for rural law
enforcement agencies;
(B) the development, promotion, and voluntary
adoption of educational and training standards and
accreditation certification programs for law
enforcement agencies serving rural areas and the
employees of those agencies;
(C) grants to, and contracts with, State, and local
governments, law enforcement agencies, public and
private agencies, educational institutions, and other
organizations and individuals to carry out this
paragraph;
(D) the formulation and recommendation of law
enforcement policy, goals, and standards in rural areas
applicable to criminal justice agencies, organizations,
institutions, and personnel; and
(E) coordination with institutions of higher
education for the purpose of encouraging programs of
study for law enforcement in rural areas at such
institutions.
(c) Powers.--In carrying out subsection (b), the Executive Director
may--
(1) request the head of any Federal department or agency to
detail, on a reimbursable basis, any of the personnel of that
department or agency to the Center to assist it in carrying out
its duties under this Act;
(2) request the Administrator of the General Services
Administration to provide the Center, on a reimbursable basis,
the administrative support services necessary for the Center to
carry out its responsibilities under this Act; and
(3) procure temporary and intermittent services under
section 3109(b) of title 5, United States Code, at rates of
compensation established by the Board, but not to exceed the
daily equivalent of the maximum rate of pay payable for a
position at level IV of the Executive Schedule under section
5315 of title 5, United States Code.
(d) Travel Expenses.--For purposes of official travel, expenses
shall be reimbursed, including per diem in lieu of subsistence, in the
same manner as such expenses are permitted under sections 5702 and 5703
of title 5, United States Code.
(e) Reporting Requirements.--The Center shall submit an annual
report to the Attorney General that includes--
(1) a description of the education and training program
conducted by the Center;
(2) the number and demographic representation of
individuals who attended programs sponsored by the Center;
(3) a description of the extent resources of other
governmental agencies or private entities were used; and
(5) a description of the extent contracts with other public
and private resources were used.
(f) Definitions.--For purposes of this Act:
(1) The term ``Board'' means the members of the Board of
the Center as elected according to its bylaws.
(2) The term ``Center'' means the National Center for Rural
Law Enforcement, a nonprofit corporation located in Little
Rock, Arkansas.
(3) The term ``Executive Director'' means the Executive
Director of the Center as appointed according to the bylaws of
the Center.
(4) The term ``metropolitan statistical area'' has the same
meaning given such term by the Bureau of the Census.
(5) The term ``rural law enforcement agency'' means a law
enforcement agency that serves a city, town, township, borough,
or village outside a metropolitan statistical area.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $22,000,000 for fiscal year 2000; and
(2) such sums as may be necessary for each of fiscal years
2001 through 2005. | Rural Law Enforcement Assistance Act of 1999 - Directs the Attorney General to provide funds to the National Center for Rural Law Enforcement if the Center's Executive Director certifies in writing that the Center: (1) is incorporated in accordance with applicable State laws, (2) is in compliance with its by-laws. (3) shall use amounts made available in accordance with requirements of this Act. And (4) shall not support any political party or candidate for elected or appointed office. Requires the Center to use such funds to develop an educational program for employees of law enforcement agencies serving rural areas for specified purposes, including: (1) the development and delivery of management education and training for employees of law enforcement agencies serving rural areas. And (2) the delivery of assistance to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas. Permits the Center to use such funds to enhance that educational program through specified means, including: (1) educational opportunities for rural law enforcement agencies. And (2) coordination with institutions of higher education to encourage programs of study for law enforcement in rural areas at such institutions. Sets forth reporting requirements. Authorizes appropriations. | Rural Law Enforcement Assistance Act of 1999 | 7,126 | 1,345 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Rural Law Enforcement Assistance Act of 1999". <SECTION-HEADER> FUNDING TO NATIONAL CENTER FOR RURAL LAW ENFORCEMENT. Funding Authority. The Attorney General shall provide funds, subject to appropriations, to the National Center for Rural Law Enforcement if the Executive Director of the Center certifies, in writing, to the Attorney General that the Center is incorporated in accordance with applicable State laws, is in compliance with the by-laws of the Center. Shall use amounts made available under this section in accordance with subsection (b). And shall not support any political party or candidate for elected or appointed office. Uses of Funds. Required uses of funds. The Center shall use funds made available under this section to develop an educational program for employees of law enforcement agencies serving rural areas which shall include the development and delivery of management education and training, technical assistance, practical research and evaluation, and computer and forensic education and training for employees of law enforcement agencies serving rural areas, tribal law enforcement employees and railroad law enforcement employees, including supervisory and executive managers of those agencies. Conducting research into the causes and prevention of criminal activity in rural areas, including the causes, assessment, evaluation, analysis, and prevention of criminal activity. The development and dissemination of information designed to assist States and units of local government in rural areas throughout the United States. The establishment and maintenance of a resource and information center for the collection, preparation, and dissemination of information regarding criminal justice and law enforcement in rural areas, including programs for the prevention of crime and recidivism. And the delivery of assistance, in a consulting capacity, to criminal justice agencies in the development, establishment, maintenance, and coordination of programs, facilities and services, training, and research relating to crime in rural areas. Permissive uses of funds. The Center may use funds made available under this section to enhance the educational program developed under paragraph (1), through educational opportunities for rural law enforcement agencies. The development, promotion, and voluntary adoption of educational and training standards and accreditation certification programs for law enforcement agencies serving rural areas and the employees of those agencies. Grants to, and contracts with, State, and local governments, law enforcement agencies, public and private agencies, educational institutions, and other organizations and individuals to carry out this paragraph. The formulation and recommendation of law enforcement policy, goals, and standards in rural areas applicable to criminal justice agencies, organizations, institutions, and personnel. And coordination with institutions of higher education for the purpose of encouraging programs of study for law enforcement in rural areas at such institutions. Powers. In carrying out subsection (b), the Executive Director may request the head of any Federal department or agency to detail, on a reimbursable basis, any of the personnel of that department or agency to the Center to assist it in carrying out its duties under this Act. Request the Administrator of the General Services Administration to provide the Center, on a reimbursable basis, the administrative support services necessary for the Center to carry out its responsibilities under this Act. And procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates of compensation established by the Board, but not to exceed the daily equivalent of the maximum rate of pay payable for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code. Travel Expenses. For purposes of official travel, expenses shall be reimbursed, including per diem in lieu of subsistence, in the same manner as such expenses are permitted under sections 5702 and 5703 of title 5, United States Code. Reporting Requirements. The Center shall submit an annual report to the Attorney General that includes a description of the education and training program conducted by the Center. The number and demographic representation of individuals who attended programs sponsored by the Center. A description of the extent resources of other governmental agencies or private entities were used. And a description of the extent contracts with other public and private resources were used. Definitions. For purposes of this Act: The term "Board" means the members of the Board of the Center as elected according to its bylaws. The term "Center" means the National Center for Rural Law Enforcement, a nonprofit corporation located in Little Rock, Arkansas. The term "Executive Director" means the Executive Director of the Center as appointed according to the bylaws of the Center. The term "metropolitan statistical area" has the same meaning given such term by the Bureau of the Census. The term "rural law enforcement agency" means a law enforcement agency that serves a city, town, township, borough, or village outside a metropolitan statistical area. Authorization of Appropriations. There are authorized to be appropriated to carry out this section $22,000,000 for fiscal year 2000. And such sums as may be necessary for each of fiscal years 2001 through 2005. | Rural Law Enforcement Assistance Act of 1999 - Directs the Attorney General to provide funds to the National Center for Rural Law Enforcement if the Center's Executive Director certifies in writing that the Center: (1) is incorporated in accordance with applicable State laws, (2) is in compliance with its by-laws. (3) shall use amounts made available in accordance with requirements of this Act. And (4) shall not support any political party or candidate for elected or appointed office. Requires the Center to use such funds to develop an educational program for employees of law enforcement agencies serving rural areas for specified purposes, including: (1) the development and delivery of management education and training for employees of law enforcement agencies serving rural areas. And (2) the delivery of assistance to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas. Permits the Center to use such funds to enhance that educational program through specified means, including: (1) educational opportunities for rural law enforcement agencies. And (2) coordination with institutions of higher education to encourage programs of study for law enforcement in rural areas at such institutions. Sets forth reporting requirements. Authorizes appropriations. | Rural Law Enforcement Assistance Act of 1999 |
106_hr4531 | SECTION 1. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is amended by adding at the end the following:
``SEC. 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.
``(a) In General.--The Secretary, in cooperation with the Inland
Empire Utilities Agency, may participate in the design, planning, and
construction of the Inland Empire regional water recycling project
described in the report submitted under section 1606.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed 25 percent of the total
cost of the project.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.''.
(b) Conforming Amendment.--The table of sections in section 2 of
such Act is amended by inserting after the item relating to section
1634 the following:
``Sec. 1635. Inland Empire Regional Water Recycling Project.''.
SEC. 2. REGIONAL BRINE LINES.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is further amended by adding at the end the following:
``SEC. 1636. REGIONAL BRINE LINES.
``(a) In General.--
``(1) Southern california.--The Secretary, in cooperation
with units of local government, may carry out a program under
the Federal reclamation laws to assist agencies in projects to
construct regional brine lines to export the salinity imported
from the Colorado River to the Pacific Ocean as identified in--
``(A) the Salinity Management Study prepared by the
Bureau of Reclamation and the Metropolitan Water
District of Southern California; and
``(B) the Southern California Comprehensive Water
Reclamation and Reuse Study prepared by the Bureau of
Reclamation.
``(2) San francisco bay and santa clara valley.--The
Secretary may carry out a study of, and a program under the
Federal reclamation laws to assist water agencies in, projects
to construct regional brine lines in the San Francisco Bay area
and the Santa Clara Valley area, California.
``(b) Agreements and Regulations.--The Secretary may enter into
such agreements and promulgate such regulations as are necessary to
carry out this section.
``(c) Cost Sharing.--
``(1) Projects.--The Federal share of the cost of a project
to construct regional brine lines described in subsection (a)
shall not exceed--
``(A) 25 percent of the total cost of the project;
or
``(B) $50,000,000.
``(2) Study.--The Federal share of the cost of the study
described in subsection (a)(2) shall be 50 percent.
``(d) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of any project described in
subsection (a).''.
(b) Conforming Amendment.--The table of sections in section 2 of
such Act is further amended by inserting after the item relating to
section 1635 the following:
``Sec. 1636. Regional brine lines.''.
SEC. 3. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
(a) In General.--The Reclamation Wastewater and Groundwater Study
and Facilities Act (Public Law 102-575, title XVI; 43 U.S.C. 390h et
seq.) is further amended by adding at the end the following:
``SEC. 1637. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND
RECLAMATION PROJECT.
``(a) In General.--The Secretary, in cooperation with the Chino
Basin Watermaster, the Inland Empire Utilities Agency, the Western
Municipal Water District, and the Santa Ana Watershed Project Authority
and acting under the Federal reclamation laws, shall participate in the
design, planning, and construction of the Lower Chino Dairy Area
desalination demonstration and reclamation project.
``(b) Cost Sharing.--The Federal share of the cost of the project
described in subsection (a) shall not exceed--
``(1) 25 percent of the total cost of the project; or
``(2) $50,000,000.
``(c) Limitation.--Funds provided by the Secretary shall not be
used for operation or maintenance of the project described in
subsection (a).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.''.
(b) Conforming Amendment.--The table of sections in section 2 of
such Act is further amended by inserting after the item relating to
section 1636 the following:
``Sec. 1637. Lower Chino Dairy Area desalination demonstration
and reclamation project.''. | Sets forth limits respecting the Federal cost share of such projects and study. Authorizes appropriations. | To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to particpate in the Inland Empire regional water recycling project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, and to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project. | 5,189 | 106 | <SECTION-HEADER> INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. In General. The Reclamation Wastewater and Groundwater Study and Facilities Act is amended by adding at the end the following: "Section 1635. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT. In General. The Secretary, in cooperation with the Inland Empire Utilities Agency, may participate in the design, planning, and construction of the Inland Empire regional water recycling project described in the report submitted under section 1606. Cost Sharing. The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. Limitation. Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). Authorization of Appropriations. There is authorized to be appropriated to carry out this section $20,000,000.". Conforming Amendment. The table of sections in section 2 of such Act is amended by inserting after the item relating to section 1634 the following: "Section 1635. Inland Empire Regional Water Recycling Project.". <SECTION-HEADER> REGIONAL BRINE LINES. In General. The Reclamation Wastewater and Groundwater Study and Facilities Act is further amended by adding at the end the following: "Section 1636. REGIONAL BRINE LINES. In General. Southern california. The Secretary, in cooperation with units of local government, may carry out a program under the Federal reclamation laws to assist agencies in projects to construct regional brine lines to export the salinity imported from the Colorado River to the Pacific Ocean as identified in the Salinity Management Study prepared by the Bureau of Reclamation and the Metropolitan Water District of Southern California. And the Southern California Comprehensive Water Reclamation and Reuse Study prepared by the Bureau of Reclamation. San francisco bay and santa clara valley. The Secretary may carry out a study of, and a program under the Federal reclamation laws to assist water agencies in, projects to construct regional brine lines in the San Francisco Bay area and the Santa Clara Valley area, California. Agreements and Regulations. The Secretary may enter into such agreements and promulgate such regulations as are necessary to carry out this section. Cost Sharing. Projects. The Federal share of the cost of a project to construct regional brine lines described in subsection (a) shall not exceed 25 percent of the total cost of the project. Or $50,000,000. Study. The Federal share of the cost of the study described in subsection (a)(2) shall be 50 percent. Limitation. Funds provided by the Secretary shall not be used for operation or maintenance of any project described in subsection (a).". Conforming Amendment. The table of sections in section 2 of such Act is further amended by inserting after the item relating to section 1635 the following: "Section 1636. Regional brine lines.". <SECTION-HEADER> LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. In General. The Reclamation Wastewater and Groundwater Study and Facilities Act is further amended by adding at the end the following: "Section 1637. LOWER CHINO DAIRY AREA DESALINATION DEMONSTRATION AND RECLAMATION PROJECT. In General. The Secretary, in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, the Western Municipal Water District, and the Santa Ana Watershed Project Authority and acting under the Federal reclamation laws, shall participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project. Cost Sharing. The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. Or $50,000,000. Limitation. Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). Authorization of Appropriations. There are authorized to be appropriated such sums as are necessary to carry out this section.". Conforming Amendment. The table of sections in section 2 of such Act is further amended by inserting after the item relating to section 1636 the following: "Section 1637. Lower Chino Dairy Area desalination demonstration and reclamation project.". | Sets forth limits respecting the Federal cost share of such projects and study. Authorizes appropriations. | To amend the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to particpate in the Inland Empire regional water recycling project, to authorize the Secretary to carry out a program to assist agencies in projects to construct regional brine lines in California, and to authorize the Secretary to participate in the Lower Chino Dairy Area desalination demonstration and reclamation project. |
112_hr958 | SECTION 1. SHORT TITLE.
This Act may be cited as ``We the People Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) Article III, section 1 of the Constitution of the
United States vests the judicial power of the United States in
``one Supreme Court, and in such inferior Courts as Congress
may from time to time ordain and establish''.
(2) Article I, section 8 and article 3, section 1 of the
Constitution of the United States give Congress the power to
establish and limit the jurisdiction of the lower Federal
courts.
(3) Article III, section 2 of the Constitution of the
United States gives Congress the power to make ``such
exceptions, and under such regulations'' as Congress finds
necessary to Supreme Court jurisdiction.
(4) Congress has the authority to make exceptions to
Supreme Court jurisdiction in the form of general rules and
based upon policy and constitutional reasons other than the
outcomes of a particular line of cases (see Federalist No. 81;
United States v. Klein, 80 U.S. (13 Wall.) 128 (1872)).
(5) Congress has constitutional authority to set broad
limits on the jurisdiction of both the Supreme Court and the
lower Federal courts in order to correct abuses of judicial
power and continuing violations of the Constitution of the
United States by Federal courts.
(6) Article IV, section 4 of the Constitution of the United
States guarantees each State a republican form of government.
(7) Supreme Court and lower Federal court decisions
striking down local laws on subjects such as religious liberty,
sexual orientation, family relations, education, and abortion
have wrested from State and local governments issues reserved
to the States and the People by the Tenth Amendment to the
Constitution of the United States.
(8) The Supreme Court and lower Federal courts threaten the
republican government of the individual States by replacing
elected government with rule by unelected judges.
(9) Even supporters of liberalized abortion laws have
admitted that the Supreme Court's decisions overturning the
abortion laws of all 50 States are constitutionally flawed
(e.g., Ely, ``The Wages of Crying Wolf: A Comment on Roe v.
Wade'' 82 Yale L.J. 920 (1973)).
(10) Several members of the Supreme Court have admitted
that the Court's Establishment Clause jurisdiction is
indefensible (e.g., Zelamn v. Simmons-Harris, 536 U.S. 639, 688
(2002) (Souter, J., dissenting); Rosenberger v. Rector and
Visitors of the Univ. of Va., 515 U.S. 819, 861 (1995) (Thomas,
J., concurring); Lamb's Chapel v. Center Moriches Union Free
Sch. Dist., 508 U.S. 384, 399 (1993) (Scalia, J., concurring);
and Committee for Public Ed. And Religious Liberty v. Regan,
444 U.S. 646, 671 (1980) (Stevens, J., dissenting)).
(11) Congress has the responsibility to protect the
republican governments of the States and has the power to limit
the jurisdiction of the Supreme Court and the lower Federal
courts over matters that are reserved to the States and to the
People by the Tenth Amendment to the Constitution of the United
States.
SEC. 3. LIMITATION ON JURISDICTION.
The Supreme Court of the United States and each Federal court--
(1) shall not adjudicate--
(A) any claim involving the laws, regulations, or
policies of any State or unit of local government
relating to the free exercise or establishment of
religion;
(B) any claim based upon the right of privacy,
including any such claim related to any issue of sexual
practices, orientation, or reproduction; or
(C) any claim based upon equal protection of the
laws to the extent such claim is based upon the right
to marry without regard to sex or sexual orientation;
and
(2) shall not rely on any judicial decision involving any
issue referred to in paragraph (1).
SEC. 4. REGULATION OF APPELLATE JURISDICTION.
The Supreme Court of the United States and all other Federal
courts--
(1) are not prevented from determining the
constitutionality of any Federal statute or administrative rule
or procedure in considering any case arising under the
Constitution of the United States; and
(2) shall not issue any order, final judgment, or other
ruling that appropriates or expends money, imposes taxes, or
otherwise interferes with the legislative functions or
administrative discretion of the several States and their
subdivisions.
SEC. 5. JURISDICTIONAL CHALLENGES.
Any party or intervener in any matter before any Federal court,
including the Supreme Court, may challenge the jurisdiction of the
court under section 3 or 4 during any proceeding or appeal relating to
that matter.
SEC. 6. MATERIAL BREACHES OF GOOD BEHAVIOR AND REMEDY.
A violation by a justice or a judge of any of the provisions of
section 3 or 4 shall be an impeachable offense, and a material breach
of good behavior subject to removal by the President of the United
States according to rules and procedures established by the Congress.
SEC. 7. CASES DECIDED UNDER ISSUES REMOVED FROM FEDERAL JURISDICTION NO
LONGER BINDING PRECEDENT.
Any decision of a Federal court, to the extent that the decision
relates to an issue removed from Federal jurisdiction under section 3
or 4(2), is not binding precedent on any State court. | We the People Act - Prohibits the Supreme Court and each federal court from adjudicating any claim or relying on judicial decisions involving: (1) state or local laws, regulations, or policies concerning the free exercise or establishment of religion. (2) the right of privacy, including issues of sexual practices, orientation, or reproduction. Or (3) the right to marry without regard to sex or sexual orientation where based upon equal protection of the laws. Allows the Supreme Court and the federal courts to determine the constitutionality of federal statutes, administrative rules, or procedures in considering cases arising under the Constitution. Prohibits the Supreme Court and the federal courts from issuing any ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the states. Authorizes any party or intervener in matters before any federal court, including the Supreme Court, to challenge the jurisdiction of the court under this Act. Provides that the violation of this Act by any justice or judge is an impeachable offense and a material breach of good behavior subject to removal. Negates as binding precedent on the state courts any federal court decision that relates to an issue removed from federal jurisdiction by this Act or otherwise interfering with the legislative functions or administrative discretion of the states. | To limit the jurisdiction of the Federal courts, and for other purposes. | 6,041 | 1,436 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as "We the People Act". <SECTION-HEADER> FINDINGS. The Congress finds the following: Article III, section 1 of the Constitution of the United States vests the judicial power of the United States in "one Supreme Court, and in such inferior Courts as Congress may from time to time ordain and establish". Article I, section 8 and article 3, section 1 of the Constitution of the United States give Congress the power to establish and limit the jurisdiction of the lower Federal courts. Article III, section 2 of the Constitution of the United States gives Congress the power to make "such exceptions, and under such regulations" as Congress finds necessary to Supreme Court jurisdiction. Congress has the authority to make exceptions to Supreme Court jurisdiction in the form of general rules and based upon policy and constitutional reasons other than the outcomes of a particular line of cases (see Federalist No. 81. United States v. Klein, 80 US 128 (1872)). Congress has constitutional authority to set broad limits on the jurisdiction of both the Supreme Court and the lower Federal courts in order to correct abuses of judicial power and continuing violations of the Constitution of the United States by Federal courts. Article IV, section 4 of the Constitution of the United States guarantees each State a republican form of government. Supreme Court and lower Federal court decisions striking down local laws on subjects such as religious liberty, sexual orientation, family relations, education, and abortion have wrested from State and local governments issues reserved to the States and the People by the Tenth Amendment to the Constitution of the United States. The Supreme Court and lower Federal courts threaten the republican government of the individual States by replacing elected government with rule by unelected judges. Even supporters of liberalized abortion laws have admitted that the Supreme Court's decisions overturning the abortion laws of all 50 States are constitutionally flawed (e. g. Ely, "The Wages of Crying Wolf: A Comment on Roe v. Wade" 82 Yale L. J. 920 (1973)). Several members of the Supreme Court have admitted that the Court's Establishment Clause jurisdiction is indefensible (e. g. Zelamn v. Simmons-Harris, 536 US 639, 688. Rosenberger v. Rector and Visitors of the Univ. of Va. 515 US 819, 861 (1995). Lamb's Chapel v. Center Moriches Union Free Sch. Dist. 508 US 384, 399 (1993). And Committee for Public Ed. And Religious Liberty v. Regan, 444 US 646, 671 (1980) . Congress has the responsibility to protect the republican governments of the States and has the power to limit the jurisdiction of the Supreme Court and the lower Federal courts over matters that are reserved to the States and to the People by the Tenth Amendment to the Constitution of the United States. <SECTION-HEADER> LIMITATION ON JURISDICTION. The Supreme Court of the United States and each Federal court shall not adjudicate any claim involving the laws, regulations, or policies of any State or unit of local government relating to the free exercise or establishment of religion. Any claim based upon the right of privacy, including any such claim related to any issue of sexual practices, orientation, or reproduction. Or any claim based upon equal protection of the laws to the extent such claim is based upon the right to marry without regard to sex or sexual orientation. And shall not rely on any judicial decision involving any issue referred to in paragraph (1). <SECTION-HEADER> REGULATION OF APPELLATE JURISDICTION. The Supreme Court of the United States and all other Federal courts are not prevented from determining the constitutionality of any Federal statute or administrative rule or procedure in considering any case arising under the Constitution of the United States. And shall not issue any order, final judgment, or other ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the several States and their subdivisions. <SECTION-HEADER> JURISDICTIONAL CHALLENGES. Any party or intervener in any matter before any Federal court, including the Supreme Court, may challenge the jurisdiction of the court under section 3 or 4 during any proceeding or appeal relating to that matter. <SECTION-HEADER> MATERIAL BREACHES OF GOOD BEHAVIOR AND REMEDY. A violation by a justice or a judge of any of the provisions of section 3 or 4 shall be an impeachable offense, and a material breach of good behavior subject to removal by the President of the United States according to rules and procedures established by the Congress. <SECTION-HEADER> CASES DECIDED UNDER ISSUES REMOVED FROM FEDERAL JURISDICTION NO LONGER BINDING PRECEDENT. Any decision of a Federal court, to the extent that the decision relates to an issue removed from Federal jurisdiction under section 3 or 4(2), is not binding precedent on any State court. | We the People Act - Prohibits the Supreme Court and each federal court from adjudicating any claim or relying on judicial decisions involving: (1) state or local laws, regulations, or policies concerning the free exercise or establishment of religion. (2) the right of privacy, including issues of sexual practices, orientation, or reproduction. Or (3) the right to marry without regard to sex or sexual orientation where based upon equal protection of the laws. Allows the Supreme Court and the federal courts to determine the constitutionality of federal statutes, administrative rules, or procedures in considering cases arising under the Constitution. Prohibits the Supreme Court and the federal courts from issuing any ruling that appropriates or expends money, imposes taxes, or otherwise interferes with the legislative functions or administrative discretion of the states. Authorizes any party or intervener in matters before any federal court, including the Supreme Court, to challenge the jurisdiction of the court under this Act. Provides that the violation of this Act by any justice or judge is an impeachable offense and a material breach of good behavior subject to removal. Negates as binding precedent on the state courts any federal court decision that relates to an issue removed from federal jurisdiction by this Act or otherwise interfering with the legislative functions or administrative discretion of the states. | To limit the jurisdiction of the Federal courts, and for other purposes. |
105_s1485 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Thurgood Marshall Commemorative Coin
Act of 1997''.
SEC. 2. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue not
more than 400,000 1 dollar coins, which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 3. SOURCES OF BULLION.
The Secretary shall obtain silver for minting coins under this Act
only from stockpiles established under the Strategic and Critical
Materials Stock Piling Act.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the tenure of Associate Justice
Thurgood Marshall on the Supreme Court of the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with--
(A) the Supreme Court Historical Society;
(B) the family of the late Thurgood Marshall; and
(C) the Commission of Fine Arts; and
(2) reviewed by the Citizens Commemorative Coin Advisory
Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning 90 days after
the date of enactment of this Act.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided for in subsection (d) with
respect to such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
(d) Surcharges.--All sales shall include a surcharge of $10 per
coin.
SEC. 7. GENERAL WAIVER OF PROCUREMENT REGULATIONS.
(a) In General.--Except as provided in subsection (b), no provision
of law governing procurement or public contracts shall be applicable to
the procurement of goods and services necessary for carrying out this
Act.
(b) Equal Employment Opportunity.--Subsection (a) shall not relieve
any person entering into a contract under the authority of this Act
from complying with any law relating to equal employment opportunity.
SEC. 8. DISTRIBUTION OF SURCHARGES.
(a) In General.--All surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the Historical Preservation Committee of the Supreme Court
Historical Society for the purpose of collecting and preserving the
physical history of the Supreme Court, including--
(1) research on the history of the entire judicial branch
of the Federal Government, and public dissemination of that
research;
(2) the acquisition of objects and documents relating to
the events associated with the Supreme Court of the United
States in the course of the history of the Court; and
(3) the acquisition and preservation of documents,
portraits, and period furnishings of historical significance
affecting the history of the Supreme Court for the inspiration
and benefit of the people of the United States.
(b) Audits.--The Comptroller General of the United States shall
have the right to examine such books, records, documents, and other
data of the Supreme Court Historical Society as may be related to the
expenditures of amounts paid under subsection (a).
SEC. 9. FINANCIAL ASSURANCES.
(a) No Net Cost to the Government.--The Secretary shall take such
actions as may be necessary to ensure that minting and issuing coins
under this Act will not result in any net cost to the United States
Government.
(b) Payment for Coins.--A coin shall not be issued under this Act
unless the Secretary has received--
(1) full payment for the coin;
(2) security satisfactory to the Secretary to indemnify the
United States for full payment; or
(3) a guarantee of full payment satisfactory to the
Secretary from a depository institution, the deposits of which
are insured by the Federal Deposit Insurance Corporation or the
National Credit Union Administration Board. | Thurgood Marshall Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the tenure of Associate Justice Thurgood Marshall on the Supreme Court of the United States. Mandates that all surcharges received from coin sales be paid to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Court. | Thurgood Marshall Commemorative Coin Act of 1997 | 6,040 | 444 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Thurgood Marshall Commemorative Coin Act of 1997". <SECTION-HEADER> COIN SPECIFICATIONS. $1 Silver Coins. The Secretary of the Treasury shall mint and issue not more than 400,000 1 dollar coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches. And contain 90 percent silver and 10 percent copper. Legal Tender. The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. Numismatic Items. For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. <SECTION-HEADER> SOURCES OF BULLION. The Secretary shall obtain silver for minting coins under this Act only from stockpiles established under the Strategic and Critical Materials Stock Piling Act. <SECTION-HEADER> DESIGN OF COINS. Design Requirements. In general. The design of the coins minted under this Act shall be emblematic of the tenure of Associate Justice Thurgood Marshall on the Supreme Court of the United States. Designation and inscriptions. On each coin minted under this Act there shall be a designation of the value of the coin, an inscription of the year. And inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". Selection. The design for the coins minted under this Act shall be selected by the Secretary after consultation with the Supreme Court Historical Society, the family of the late Thurgood Marshall, and the Commission of Fine Arts. And reviewed by the Citizens Commemorative Coin Advisory Committee. <SECTION-HEADER> ISSUANCE OF COINS. Quality of Coins. Coins minted under this Act shall be issued in uncirculated and proof qualities. Mint Facility. Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. Period for Issuance. The Secretary may issue coins minted under this Act only during the 1-year period beginning 90 days after the date of enactment of this Act. <SECTION-HEADER> SALE OF COINS. Sale Price. The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins. The surcharge provided for in subsection (d) with respect to such coins. And the cost of designing and issuing the coins . Bulk Sales. The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. Prepaid Orders. In general. The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. Discount. Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. Surcharges. All sales shall include a surcharge of $10 per coin. <SECTION-HEADER> GENERAL WAIVER OF PROCUREMENT REGULATIONS. In General. Except as provided in subsection (b), no provision of law governing procurement or public contracts shall be applicable to the procurement of goods and services necessary for carrying out this Act. Equal Employment Opportunity. Subsection (a) shall not relieve any person entering into a contract under the authority of this Act from complying with any law relating to equal employment opportunity. <SECTION-HEADER> DISTRIBUTION OF SURCHARGES. In General. All surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Supreme Court, including research on the history of the entire judicial branch of the Federal Government, and public dissemination of that research. The acquisition of objects and documents relating to the events associated with the Supreme Court of the United States in the course of the history of the Court. And the acquisition and preservation of documents, portraits, and period furnishings of historical significance affecting the history of the Supreme Court for the inspiration and benefit of the people of the United States. Audits. The Comptroller General of the United States shall have the right to examine such books, records, documents, and other data of the Supreme Court Historical Society as may be related to the expenditures of amounts paid under subsection (a). <SECTION-HEADER> FINANCIAL ASSURANCES. No Net Cost to the Government. The Secretary shall take such actions as may be necessary to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. Payment for Coins. A coin shall not be issued under this Act unless the Secretary has received full payment for the coin. Security satisfactory to the Secretary to indemnify the United States for full payment. Or a guarantee of full payment satisfactory to the Secretary from a depository institution, the deposits of which are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration Board. | Thurgood Marshall Commemorative Coin Act of 1997 - Directs the Secretary of the Treasury to issue one-dollar coins emblematic of the tenure of Associate Justice Thurgood Marshall on the Supreme Court of the United States. Mandates that all surcharges received from coin sales be paid to the Historical Preservation Committee of the Supreme Court Historical Society for the purpose of collecting and preserving the physical history of the Court. | Thurgood Marshall Commemorative Coin Act of 1997 |
115_hr3721 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Labor, Human, and Civil Rights Trade
Policy Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The United States has played a leading role in
developing global human rights standards since the inception of
the country.
(2) The first 10 amendments to the Constitution are among
the guiding principles that helped develop the Universal
Declaration of Human Rights.
(3) First Lady Eleanor Roosevelt led the United States
delegation and the United Nations in drafting the Universal
Declaration of Human Rights.
(4) December 10, 2016, marked the 68th anniversary of the
adoption of the Universal Declaration of Human Rights.
(5) The General Assembly of the United Nations adopted the
International Covenant on Economic, Social and Cultural Rights
and the International Covenant on Civil and Political Rights in
1966.
(6) The United Kingdom implemented the Slave Trade Act of
1807, setting a global precedent towards the eventual
abolishment of slavery in the Americas that the United States
eventually followed.
(7) The world celebrated the 210th anniversary of the
abolition of the transatlantic slave trade on May 1, 2017.
(8) On January 1, 2017, the United States recognized the
154th anniversary of the Emancipation Proclamation.
(9) The United States has continuously enacted legislation
and ratified amendments to the Constitution to improve the
protections of the rights of all persons in the United States,
including--
(A) the 13th Amendment to the Constitution,
ratified in 1865;
(B) the Civil Rights Act of 1866 (14 Stat. 27);
(C) the 14th Amendment to the Constitution,
ratified in 1868;
(D) the 19th Amendment to the Constitution,
ratified in 1920;
(E) the Social Security Act of 1935 (42 U.S.C. 301
et seq.);
(F) the Fair Labor Standards Act of 1938 (29 U.S.C.
201 et seq.);
(G) the Housing Act of 1949 (63 Stat. 413);
(H) the Equal Pay Act of 1963 (Public Law 88-38; 77
Stat. 56);
(I) the Civil Rights Act of 1964 (Public Law 88-
352; 78 Stat. 241);
(J) the Voting Rights Act of 1965 (Public Law 89-
110; 79 Stat. 437);
(K) the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6301 et seq.);
(L) the Age Discrimination in Employment Act of
1967 (29 U.S.C. 621 et seq.);
(M) the McKinney-Vento Homeless Assistance Act of
1987 (42 U.S.C. 11301 et seq.);
(N) the Civil Rights Restoration Act of 1988
(Public Law 100-259; 102 Stat. 28);
(O) the Americans with Disabilities Act of 1990 (42
U.S.C. 12101 et seq.);
(P) the Civil Rights Act of 1991 (Public Law 102-
166; 105 Stat. 1071);
(Q) the Fannie Lou Hamer, Rosa Parks, Coretta Scott
King, Cesar E. Chavez, Barbara C. Jordan, William C.
Velasquez, and Dr. Hector P. Garcia Voting Rights Act
Reauthorization and Amendments Act of 2006 (Public Law
109-246; 120 Stat. 577); and
(R) the Matthew Shepard and James Byrd, Jr. Hate
Crimes Prevention Act of 2009 (Public Law 111-84; 123
Stat. 2835).
(10) Labor, human, and civil rights standards and
protections require constant review and attention.
(11) The Millennium Development Goals of the United Nations
set forth a 15-year plan to combat poverty, hunger, disease,
illiteracy, environmental degradation, and discrimination.
(12) The 43rd General Assembly of the Organization of
American States adopted the Inter-American Convention against
Racism, Racial Discrimination and Related Forms of Intolerance
on June 5, 2013.
(13) The Global Slavery Index estimates that as many as
45,800,000 people around the world were in some form of modern
slavery in 2016.
(14) The United States supported the adoption of the
Universal Declaration of Human Rights in the United Nations
General Assembly and has ratified significant international
human rights treaties, including the International Convention
on the Elimination of Racism and Discrimination (November 20,
1994), the International Convention on the Prevention and
Punishment of the Crime of Genocide (February 23, 1989), the
International Convention against Torture and other Cruel,
Inhuman or Degrading Treatment or Punishment (November 20,
1994), and the International Covenant on Civil and Political
Rights (September 8, 1992).
(15) The United States has ratified two of the eight
fundamental conventions outlined by the International Labor
Organization, including the Convention (ILO 105) concerning the
abolition of forced labor (September 25, 1992) and the
Convention (ILO 182) concerning the prohibition and immediate
action for the elimination of the worst forms of child labor
(December 2, 2000).
(16) The United States has also ratified the Optional
Protocol to the Convention on the Rights of the Child on the
Sale of Children, Child Prostitution and Child Pornography
(January 23, 2003) and the Optional Protocol to the Convention
on the Rights of the Child on the Involvement of Children in
Armed Conflicts (January 23, 2003).
(17) The United States signed the Convention on the Rights
of Persons with Disabilities on July 30, 2009.
(18) The United States is expected to be a regional and
global leader in the international civil and human rights
movement, including by fighting discrimination, xenophobia,
human, labor, and civil rights abuses as a part of both
domestic and foreign policy.
(19) Throughout United States history, Congress has
addressed, debated, and advanced the protection of human rights
through legislation relating to taxes and international trade.
(20) On May 10, 2007, President George W. Bush negotiated
an agreement with the leadership of the 110th Congress, which
intended to strengthen labor, environmental, intellectual
property, access to medicines, health, investment, government
procurement, and port security standards in United States trade
agreements.
(21) This bipartisan deal, referred to as the ``May 10th
Agreement'', made significant progress in recognizing that
human, labor, and civil rights must be an integral component of
United States trade policy.
(22) United States trade policy cannot be static in a
changing global economy, and it is critical that United States
trade policy proactively advance domestic and global efforts to
improve human, civil, and labor rights and conditions.
(23) The trade negotiating objectives of the United States
should also address current, emerging, and future attempts to
undermine or fail to enhance the living, labor, civil, and
human rights standards of the United States or its trading
partners.
SEC. 3. STRENGTHENING TRADE, LABOR, AND HUMAN RIGHTS.
The Bipartisan Congressional Trade Priorities and Accountability
Act of 2015 (19 U.S.C. 4201 et seq.) is amended as follows:
(1) In section 103(b)(3)--
(A) in subparagraph (B)(ii), by striking
``strictly''; and
(B) by adding at the end the following:
``(C) For purposes of subparagraph (B)(ii), a
provision may be necessary or appropriate, with respect
to a trade agreement, if the provision addresses issues
relating to a party to the agreement, such as human
rights.
``(D) Notwithstanding subparagraph (A), the
provisions of section 151 of the Trade Act of 1974
shall only apply to an implementing bill submitted for
an agreement that--
``(i) achieves the principle negotiating
objectives with respect to labor described in
section 102(b)(10);
``(ii) explicitly provides that, with
respect to any country that is a party to the
agreement--
``(I) any union in such country
shall not be required to affiliate with
any confederation and shall be free to
form and affiliate with any vertical or
horizontal workers organization,
including any confederation, sector-
wide, or industry-wide union of its own
choosing;
``(II) workers in such country
shall have the right to freely form and
join an autonomous and independent
union of their choosing;
``(III) any union in such country
engaged in collective bargaining with
an employer shall be required to
demonstrate majority support of that
employer's workers, on behalf of whom
it is negotiating, prior to
registration of any collective
bargaining agreement;
``(IV) for purposes of the labor
obligations in the agreement relating
to procedural guarantees for labor law
enforcement, any administrative, quasi-
judicial, judicial, or labor tribunals
or boards composed of members with
direct or indirect interest in matters
before them shall not be considered
impartial and independent;
``(V) for purposes of evaluating
any measures taken by a country to
substantially reform its laws or
institutions to comply with the core
labor standards of the trade agreement,
an independent panel of experts must
regularly examine and publicly report
on the implementation of such reforms,
provide recommendations, and identify
concerns relating to the compliance of
such country with its labor obligations
under the agreement, based on input
from the parties to the trade
agreement, interested stakeholders, and
any other relevant information and
reporting; and
``(VI) if such independent panel
determines that such country is not in
compliance with its obligations, the
determination shall be treated as an
initial report of an arbitration panel
under the trade agreement, and the
matter shall be addressed in accordance
with the normal procedures laid out for
such cases, including through an
agreement to eliminate the
nonconformity in the first instance or,
as a last resort, to suspend benefits
under the trade agreement; and
``(iii) implements a trade agreement
between parties that consistently demonstrate
respect for internationally recognized human
rights, as indicated through assessments such
as the annual Country Reports on Human Rights
Practices or the Trafficking in Persons Report,
over a period of at least ten years.''.
(2) In section 111--
(A) by amending paragraph (7)(E) to read as
follows:
``(E) the elimination of discrimination, including
discrimination on the basis of race, color, sex, sexual
orientation, gender identity, religion, political
opinion, national extraction, social origin, age,
disability, HIV/AIDS status, engagement in organizing
activities, or union membership, with respect to
employment and occupation.'';
(B) by redesignating paragraphs (18) through (23)
as paragraphs (19) through (24), respectively; and
(C) by inserting after paragraph (17) the
following:
``(18) Internationally recognized human rights.--The term
`internationally recognized human rights' means the rights
stated in the following:
``(A) The Universal Declaration of Human Rights.
``(B) The International Covenant on Economic,
Social and Cultural Rights.
``(C) The Convention on the Elimination of All
Forms of Discrimination Against Women and its Optional
Protocol.
``(D) The Convention on the Rights of the Child.
``(E) The Convention on the Rights of Persons with
Disabilities and its Optional Protocol.
``(F) The Convention for the Protection of All
Persons from Enforced Disappearance.
``(G) The First Optional Protocol to the Covenant
on Civil and Political Rights.
``(H) The Optional Protocol to the Convention
Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment.''. | Labor, Human, and Civil Rights Trade Policy Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require trade agreement implementing bills to: (1) achieve the negotiating objectives of adherence by parties to internationally recognized core labor standards. And (2) ensure that parties demonstrate respect for internationally recognized human rights, as indicated through assessments over a period of at least 10 years. For purposes of the meaning of core labor standards, the bill expands the definition of employment discrimination. | Labor, Human, and Civil Rights Trade Policy Act | 15,697 | 583 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Labor, Human, and Civil Rights Trade Policy Act". <SECTION-HEADER> FINDINGS. Congress finds the following: The United States has played a leading role in developing global human rights standards since the inception of the country. The first 10 amendments to the Constitution are among the guiding principles that helped develop the Universal Declaration of Human Rights. First Lady Eleanor Roosevelt led the United States delegation and the United Nations in drafting the Universal Declaration of Human Rights. December 10, 2016, marked the 68th anniversary of the adoption of the Universal Declaration of Human Rights. The General Assembly of the United Nations adopted the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights in 1966. The United Kingdom implemented the Slave Trade Act of 1807, setting a global precedent towards the eventual abolishment of slavery in the Americas that the United States eventually followed. The world celebrated the 210th anniversary of the abolition of the transatlantic slave trade on May 1, 2017. On January 1, 2017, the United States recognized the 154th anniversary of the Emancipation Proclamation. The United States has continuously enacted legislation and ratified amendments to the Constitution to improve the protections of the rights of all persons in the United States, including the 13th Amendment to the Constitution, ratified in 1865, the Civil Rights Act of 1866, the 14th Amendment to the Constitution, ratified in 1868, the 19th Amendment to the Constitution, ratified in 1920, the Social Security Act of 1935, the Fair Labor Standards Act of 1938, the Housing Act of 1949, the Equal Pay Act of 1963, the Civil Rights Act of 1964, the Voting Rights Act of 1965, the Elementary and Secondary Education Act of 1965, the Age Discrimination in Employment Act of 1967, the McKinney-Vento Homeless Assistance Act of 1987, the Civil Rights Restoration Act of 1988, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991. The Fannie Lou Hamer, Rosa Parks, Coretta Scott King, Cesar E. Chavez, Barbara C. Jordan, William C. Velasquez, and Dr. Hector P. Garcia Voting Rights Act Reauthorization and Amendments Act of 2006. And the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009 . Labor, human, and civil rights standards and protections require constant review and attention. The Millennium Development Goals of the United Nations set forth a 15-year plan to combat poverty, hunger, disease, illiteracy, environmental degradation, and discrimination. The 43rd General Assembly of the Organization of American States adopted the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance on June 5, 2013. The Global Slavery Index estimates that as many as 45,800,000 people around the world were in some form of modern slavery in 2016. The United States supported the adoption of the Universal Declaration of Human Rights in the United Nations General Assembly and has ratified significant international human rights treaties, including the International Convention on the Elimination of Racism and Discrimination , the International Convention on the Prevention and Punishment of the Crime of Genocide , the International Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment , and the International Covenant on Civil and Political Rights . The United States has ratified two of the eight fundamental conventions outlined by the International Labor Organization, including the Convention concerning the abolition of forced labor and the Convention concerning the prohibition and immediate action for the elimination of the worst forms of child labor . The United States has also ratified the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography and the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflicts . The United States signed the Convention on the Rights of Persons with Disabilities on July 30, 2009. The United States is expected to be a regional and global leader in the international civil and human rights movement, including by fighting discrimination, xenophobia, human, labor, and civil rights abuses as a part of both domestic and foreign policy. Throughout United States history, Congress has addressed, debated, and advanced the protection of human rights through legislation relating to taxes and international trade. On May 10, 2007, President George W. Bush negotiated an agreement with the leadership of the 110th Congress, which intended to strengthen labor, environmental, intellectual property, access to medicines, health, investment, government procurement, and port security standards in United States trade agreements. This bipartisan deal, referred to as the "May 10th Agreement", made significant progress in recognizing that human, labor, and civil rights must be an integral component of United States trade policy. United States trade policy cannot be static in a changing global economy, and it is critical that United States trade policy proactively advance domestic and global efforts to improve human, civil, and labor rights and conditions. The trade negotiating objectives of the United States should also address current, emerging, and future attempts to undermine or fail to enhance the living, labor, civil, and human rights standards of the United States or its trading partners. <SECTION-HEADER> STRENGTHENING TRADE, LABOR, AND HUMAN RIGHTS. The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 is amended as follows: In section 103(b)(3) in subparagraph (B)(ii), by striking "strictly". And by adding at the end the following: For purposes of subparagraph (B)(ii), a provision may be necessary or appropriate, with respect to a trade agreement, if the provision addresses issues relating to a party to the agreement, such as human rights. Notwithstanding subparagraph (A), the provisions of section 151 of the Trade Act of 1974 shall only apply to an implementing bill submitted for an agreement that achieves the principle negotiating objectives with respect to labor described in section 102(b)(10). Explicitly provides that, with respect to any country that is a party to the agreement any union in such country shall not be required to affiliate with any confederation and shall be free to form and affiliate with any vertical or horizontal workers organization, including any confederation, sector- wide, or industry-wide union of its own choosing. Workers in such country shall have the right to freely form and join an autonomous and independent union of their choosing. Any union in such country engaged in collective bargaining with an employer shall be required to demonstrate majority support of that employer's workers, on behalf of whom it is negotiating, prior to registration of any collective bargaining agreement. For purposes of the labor obligations in the agreement relating to procedural guarantees for labor law enforcement, any administrative, quasi- judicial, judicial, or labor tribunals or boards composed of members with direct or indirect interest in matters before them shall not be considered impartial and independent. For purposes of evaluating any measures taken by a country to substantially reform its laws or institutions to comply with the core labor standards of the trade agreement, an independent panel of experts must regularly examine and publicly report on the implementation of such reforms, provide recommendations, and identify concerns relating to the compliance of such country with its labor obligations under the agreement, based on input from the parties to the trade agreement, interested stakeholders, and any other relevant information and reporting. And if such independent panel determines that such country is not in compliance with its obligations, the determination shall be treated as an initial report of an arbitration panel under the trade agreement, and the matter shall be addressed in accordance with the normal procedures laid out for such cases, including through an agreement to eliminate the nonconformity in the first instance or, as a last resort, to suspend benefits under the trade agreement. And implements a trade agreement between parties that consistently demonstrate respect for internationally recognized human rights, as indicated through assessments such as the annual Country Reports on Human Rights Practices or the Trafficking in Persons Report, over a period of at least ten years.". In section 111 by amending paragraph (7)(E) to read as follows: the elimination of discrimination, including discrimination on the basis of race, color, sex, sexual orientation, gender identity, religion, political opinion, national extraction, social origin, age, disability, HIVAIDS status, engagement in organizing activities, or union membership, with respect to employment and occupation.". By redesignating paragraphs (18) through (23) as paragraphs (19) through (24), respectively. And by inserting after paragraph (17) the following: Internationally recognized human rights. The term `internationally recognized human rights' means the rights stated in the following: The Universal Declaration of Human Rights. The International Covenant on Economic, Social and Cultural Rights. The Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol. The Convention on the Rights of the Child. The Convention on the Rights of Persons with Disabilities and its Optional Protocol. The Convention for the Protection of All Persons from Enforced Disappearance. The First Optional Protocol to the Covenant on Civil and Political Rights. The Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment.". | Labor, Human, and Civil Rights Trade Policy Act This bill amends the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 to require trade agreement implementing bills to: (1) achieve the negotiating objectives of adherence by parties to internationally recognized core labor standards. And (2) ensure that parties demonstrate respect for internationally recognized human rights, as indicated through assessments over a period of at least 10 years. For purposes of the meaning of core labor standards, the bill expands the definition of employment discrimination. | Labor, Human, and Civil Rights Trade Policy Act |
115_hr4732 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Law Enforcement Museum
Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) In 2000, Congress passed and President William J.
Clinton signed into law the National Law Enforcement Museum Act
(Public Law 106-492), which authorized the National Law
Enforcement Officers Memorial Fund, Inc. to build the National
Law Enforcement Museum on Federal land in the District of
Columbia to honor and commemorate the service and sacrifice of
law enforcement officers in the United States.
(2) In April 2016, construction began on the National Law
Enforcement Museum in the District of Columbia across the
street from the National Law Enforcement Officers Memorial in
Judiciary Square.
(3) The National Law Enforcement Museum will formally open
in September of 2018.
(4) The National Law Enforcement Museum's mission is--
(A) to honor and commemorate the extraordinary
service and sacrifice of America's law enforcement
officers;
(B) to serve as an important bridge between law
enforcement's past and present, between the heroes of
yesteryear and those who have followed in their
footsteps, and between America's peace officers and the
public they serve; and
(C) increase public understanding and support for
law enforcement and to promote law enforcement safety.
SEC. 3. COIN SPECIFICATIONS.
(a) Denominations.--The Secretary of the Treasury (hereafter in
this Act referred to as the ``Secretary'') shall mint and issue the
following coin:
(1) $5 gold coins.--Not more than 50,000 $5 coins, which
shall--
(A) weigh 8.359 grams;
(B) have a diameter of 0.850 inches; and
(C) contain not less than 90 percent gold.
(2) $1 silver coins.--Not more than 400,000 $1 coins, which
shall--
(A) weigh 26.73 grams;
(B) have a diameter of 1.500 inches; and
(C) contain not less than 90 percent silver.
(3) Half-dollar clad coins.--Not more than 750,000 half-
dollar coins which shall--
(A) weigh 11.34 grams;
(B) have a diameter of 1.205 inches; and
(C) be minted to the specifications for half-dollar
coins contained in section 5112(b) of title 31, United
States Code.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of section 5134 of title 31,
United States Code, all coins minted under this Act shall be considered
to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this
Act shall be emblematic of the National Law Enforcement Museum
and the service and sacrifice of law enforcement officers
throughout the history of the United States.
(2) Designation and inscriptions.--On each coin minted
under this Act there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ``2021''; and
(C) inscriptions of the words ``Liberty'', ``In God
We Trust'', ``United States of America'', and ``E
Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) selected by the Secretary after consultation with the
Commission of Fine Arts and the National Law Enforcement
Officers Memorial Fund, Inc.; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facilities.--Only 1 facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins minted
under this Act only during the 1-year period beginning on January 1,
2021.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7(a) with respect to
such coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders
for the coins minted under this Act before the issuance of such
coins.
(2) Discount.--Sale prices with respect to prepaid orders
under paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of--
(1) $35 per coin for the $5 coin;
(2) $10 per coin for the $1 coin; and
(3) $5 per coin for the half-dollar coin.
(b) Distribution.--Subject to section 5134(f)(1) of title 31,
United States Code, all surcharges received by the Secretary from the
sale of coins issued under this Act shall be promptly paid by the
Secretary to the National Law Enforcement Officers Memorial Fund, Inc.
for educational and outreach programs and exhibits.
(c) Audits.--The National Law Enforcement Officers Memorial Fund,
Inc., shall be subject to the audit requirements of section 5134(f)(2)
of title 31, United States Code, with regard to the amounts received
under subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code (as in effect on the date of the enactment of this
Act). The Secretary of the Treasury may issue guidance to carry out
this subsection. | National Law Enforcement Museum Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins that are emblematic of the National Law Enforcement Museum in Washington, DC, and the service and sacrifice of law enforcement officers throughout the history of the United States. All sales of such coins shall include specified surcharges, which shall be distributed to the National Law Enforcement Officers Memorial Fund, Inc. for educational and outreach programs and exhibits. | National Law Enforcement Museum Commemorative Coin Act | 6,855 | 590 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "National Law Enforcement Museum Commemorative Coin Act". <SECTION-HEADER> FINDINGS. The Congress finds the following: In 2000, Congress passed and President William J. Clinton signed into law the National Law Enforcement Museum Act , which authorized the National Law Enforcement Officers Memorial Fund, Inc. to build the National Law Enforcement Museum on Federal land in the District of Columbia to honor and commemorate the service and sacrifice of law enforcement officers in the United States. In April 2016, construction began on the National Law Enforcement Museum in the District of Columbia across the street from the National Law Enforcement Officers Memorial in Judiciary Square. The National Law Enforcement Museum will formally open in September of 2018. The National Law Enforcement Museum's mission is to honor and commemorate the extraordinary service and sacrifice of America's law enforcement officers. To serve as an important bridge between law enforcement's past and present, between the heroes of yesteryear and those who have followed in their footsteps, and between America's peace officers and the public they serve. And increase public understanding and support for law enforcement and to promote law enforcement safety. <SECTION-HEADER> COIN SPECIFICATIONS. Denominations. The Secretary of the Treasury shall mint and issue the following coin: $5 gold coins. Not more than 50,000 $5 coins, which shall weigh 8.359 grams, have a diameter of 0.850 inches. And contain not less than 90 percent gold. $1 silver coins. Not more than 400,000 $1 coins, which shall weigh 26.73 grams, have a diameter of 1.500 inches. And contain not less than 90 percent silver. Half-dollar clad coins. Not more than 750,000 half- dollar coins which shall weigh 11.34 grams, have a diameter of 1.205 inches. And be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. Legal Tender. The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. Numismatic Items. For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. <SECTION-HEADER> DESIGN OF COINS. Design Requirements. In general. The design of the coins minted under this Act shall be emblematic of the National Law Enforcement Museum and the service and sacrifice of law enforcement officers throughout the history of the United States. Designation and inscriptions. On each coin minted under this Act there shall be a designation of the value of the coin, an inscription of the year "2021". And inscriptions of the words "Liberty", "In God We Trust", "United States of America", and "E Pluribus Unum". Selection. The design for the coins minted under this Act shall be selected by the Secretary after consultation with the Commission of Fine Arts and the National Law Enforcement Officers Memorial Fund, Inc.. And reviewed by the Citizens Coinage Advisory Committee. <SECTION-HEADER> ISSUANCE OF COINS. Quality of Coins. Coins minted under this Act shall be issued in uncirculated and proof qualities. Mint Facilities. Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. Period for Issuance. The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2021. <SECTION-HEADER> SALE OF COINS. Sale Price. The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of the face value of the coins. The surcharge provided in section 7(a) with respect to such coins. And the cost of designing and issuing the coins . Bulk Sales. The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. Prepaid Orders. In general. The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. Discount. Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. <SECTION-HEADER> SURCHARGES. In General. All sales of coins issued under this Act shall include a surcharge of $35 per coin for the $5 coin, $10 per coin for the $1 coin. And $5 per coin for the half-dollar coin. Distribution. Subject to section 5134(f)(1) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the National Law Enforcement Officers Memorial Fund, Inc. for educational and outreach programs and exhibits. Audits. The National Law Enforcement Officers Memorial Fund, Inc. shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). Limitation. Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code . The Secretary of the Treasury may issue guidance to carry out this subsection. | National Law Enforcement Museum Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue up to 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins that are emblematic of the National Law Enforcement Museum in Washington, DC, and the service and sacrifice of law enforcement officers throughout the history of the United States. All sales of such coins shall include specified surcharges, which shall be distributed to the National Law Enforcement Officers Memorial Fund, Inc. for educational and outreach programs and exhibits. | National Law Enforcement Museum Commemorative Coin Act |
112_s364 | SECTION 1. ESTABLISHMENT OF SMALL BUSINESS SAVINGS ACCOUNTS.
(a) In General.--Subpart A of part I of subchapter D of chapter 1
of the Internal Revenue Code of 1986 is amended by inserting after
section 408A the following new section:
``SEC. 408B. SMALL BUSINESS SAVINGS ACCOUNTS.
``(a) General Rule.--Except as provided in this section, a Small
Business Savings Account shall be treated for purposes of this title in
the same manner as an individual retirement plan.
``(b) Small Business Savings Account.--For purposes of this title,
the term `Small Business Savings Account' means a tax preferred savings
plan which is designated at the time of establishment of the plan as a
Small Business Savings Account. Such designation shall be made in such
manner as the Secretary may prescribe.
``(c) Treatment of Contributions.--
``(1) No deduction allowed.--No deduction shall be allowed
under section 219 for a contribution to a Small Business
Savings Account.
``(2) Contribution limit.--
``(A) In general.--The aggregate amount of
contributions for any taxable year to all Small
Business Savings Accounts maintained for the benefit of
an individual shall not exceed $10,000.
``(B) Aggregate limitation.--The aggregate of the
amounts which may be taken into account under
subparagraph (A) for all taxable years with respect to
all Small Business Savings Accounts maintained for the
benefit of an individual shall not exceed $150,000.
``(C) Cost of living adjustment.--The Secretary
shall adjust annually the $10,000 amount in
subparagraph (A) for increases in the cost-of-living at
the same time and in the same manner as adjustments
under section 415(d); except that the base period shall
be the calendar quarter beginning July 1, 2011, and any
increase which is not a multiple of $500 shall be
rounded to the next lowest multiple of $500.
``(3) Contributions permitted after age 70\1/2\.--
Contributions to a Small Business Savings Account may be made
even after the individual for whom the account is maintained
has attained age 70\1/2\.
``(4) Rollovers from retirement plans not allowed.--A
taxpayer shall not be allowed to make a qualified rollover
contribution to a Small Business Savings Account from any
qualified retirement plan (as defined in section 4974(c)).
``(d) Distribution Rules.--For purposes of this title--
``(1) General rules.--
``(A) Limitations on distributions.--All qualified
distributions from a Small Business Savings Account--
``(i) shall be limited to a single
business, and
``(ii) must be disbursed not later than the
last day of the 5th taxable year beginning
after the initial disbursement.
``(B) Exclusions from gross income.--Any qualified
distribution from a Small Business Savings Account
shall not be includible in gross income.
``(2) Qualified distribution.--For purposes of this
subsection, the term `qualified distribution' means any payment
or distribution made for operating capital, the purchase of
equipment or facilities, marketing, training, incorporation,
and accounting fees.
``(3) Nonqualified distributions.--
``(A) In general.--In applying section 72 to any
distribution from a Small Business Savings Account
which is not a qualified distribution, such
distribution shall be treated as made from
contributions to the Small Business Savings Account to
the extent that such distribution, when added to all
previous distributions from the Small Business Savings
Account, does not exceed the aggregate amount of
contributions to the Small Business Savings Account.
``(B) Treatment of amounts remaining in account.--
Any remaining amount in a Small Business Savings
Account following the date described in paragraph
(1)(A)(ii) shall be treated as distributed during the
taxable year following such date and such distribution
shall not be treated as a qualified distribution.
``(4) Rollovers to a roth ira.--Subject to the application
of the treatment of contributions in section 408A(c),
distributions from a Small Business Savings Account may be
rolled over into a Roth IRA.''.
(b) Excess Contributions.--Section 4973 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
subsection:
``(h) Excess Contributions to Small Business Savings Accounts.--For
purposes of this section, in the case of contributions to all Small
Business Savings Accounts (within the meaning of section 408B(b))
maintained for the benefit of an individual, the term `excess
contributions' means the sum of--
``(1) the excess (if any) of--
``(A) the amount contributed to such accounts for
the taxable year, over
``(B) the amount allowable as a contribution under
section 408B(c)(2) for such taxable year, and
``(2) the amount determined under this subsection for the
preceding taxable year, reduced by the sum of--
``(A) the distributions out of the accounts for the
taxable year, and
``(B) the excess (if any) of--
``(i) the maximum amount allowable as a
contribution under section 408B(c)(2) for such
taxable year, over
``(ii) the amount contributed to such
accounts for such taxable year.''.
(c) Conforming Amendment.--The table of sections for subpart A of
part I of subchapter D of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to section 408A
the following new item:
``Sec. 408B. Small Business Savings Accounts.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2010. | Amends the Internal Revenue Code to provide for tax preferred Small Business Savings Accounts to pay for trade or business expenses, including operating capital, the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Allows annual contributions to such accounts up to $10,000. Sets forth rules for the tax treatment of contributions to and rollovers from such accounts, similar to rules governing individual retirement accounts (IRAs). | A bill to amend the Internal Revenue Code of 1986 to establish a new Small Business Savings Account. | 6,803 | 478 | <SECTION-HEADER> ESTABLISHMENT OF SMALL BUSINESS SAVINGS ACCOUNTS. In General. Subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 408A the following new section: "Section 408B. SMALL BUSINESS SAVINGS ACCOUNTS. General Rule. Except as provided in this section, a Small Business Savings Account shall be treated for purposes of this title in the same manner as an individual retirement plan. Small Business Savings Account. For purposes of this title, the term `Small Business Savings Account' means a tax preferred savings plan which is designated at the time of establishment of the plan as a Small Business Savings Account. Such designation shall be made in such manner as the Secretary may prescribe. Treatment of Contributions. No deduction allowed. No deduction shall be allowed under section 219 for a contribution to a Small Business Savings Account. Contribution limit. In general. The aggregate amount of contributions for any taxable year to all Small Business Savings Accounts maintained for the benefit of an individual shall not exceed $10,000. Aggregate limitation. The aggregate of the amounts which may be taken into account under subparagraph (A) for all taxable years with respect to all Small Business Savings Accounts maintained for the benefit of an individual shall not exceed $150,000. Cost of living adjustment. The Secretary shall adjust annually the $10,000 amount in subparagraph (A) for increases in the cost-of-living at the same time and in the same manner as adjustments under section 415(d). Except that the base period shall be the calendar quarter beginning July 1, 2011, and any increase which is not a multiple of $500 shall be rounded to the next lowest multiple of $500. Contributions permitted after age 7012. Contributions to a Small Business Savings Account may be made even after the individual for whom the account is maintained has attained age 7012. Rollovers from retirement plans not allowed. A taxpayer shall not be allowed to make a qualified rollover contribution to a Small Business Savings Account from any qualified retirement plan (as defined in section 4974(c)). Distribution Rules. For purposes of this title General rules. Limitations on distributions. All qualified distributions from a Small Business Savings Account shall be limited to a single business, and must be disbursed not later than the last day of the 5th taxable year beginning after the initial disbursement. Exclusions from gross income. Any qualified distribution from a Small Business Savings Account shall not be includible in gross income. Qualified distribution. For purposes of this subsection, the term `qualified distribution' means any payment or distribution made for operating capital, the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Nonqualified distributions. In general. In applying section 72 to any distribution from a Small Business Savings Account which is not a qualified distribution, such distribution shall be treated as made from contributions to the Small Business Savings Account to the extent that such distribution, when added to all previous distributions from the Small Business Savings Account, does not exceed the aggregate amount of contributions to the Small Business Savings Account. Treatment of amounts remaining in account. Any remaining amount in a Small Business Savings Account following the date described in paragraph (A)(ii) shall be treated as distributed during the taxable year following such date and such distribution shall not be treated as a qualified distribution. Rollovers to a roth ira. Subject to the application of the treatment of contributions in section 408A(c), distributions from a Small Business Savings Account may be rolled over into a Roth IRA.". Excess Contributions. Section 4973 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: Excess Contributions to Small Business Savings Accounts. For purposes of this section, in the case of contributions to all Small Business Savings Accounts (within the meaning of section 408B(b)) maintained for the benefit of an individual, the term `excess contributions' means the sum of the excess of the amount contributed to such accounts for the taxable year, over the amount allowable as a contribution under section 408B(c)(2) for such taxable year, and the amount determined under this subsection for the preceding taxable year, reduced by the sum of the distributions out of the accounts for the taxable year, and the excess of the maximum amount allowable as a contribution under section 408B(c)(2) for such taxable year, over the amount contributed to such accounts for such taxable year.". Conforming Amendment. The table of sections for subpart A of part I of subchapter D of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 408A the following new item: "Section 408B. Small Business Savings Accounts.". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2010. | Amends the Internal Revenue Code to provide for tax preferred Small Business Savings Accounts to pay for trade or business expenses, including operating capital, the purchase of equipment or facilities, marketing, training, incorporation, and accounting fees. Allows annual contributions to such accounts up to $10,000. Sets forth rules for the tax treatment of contributions to and rollovers from such accounts, similar to rules governing individual retirement accounts (IRAs). | A bill to amend the Internal Revenue Code of 1986 to establish a new Small Business Savings Account. |
110_hr2992 | SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``SBA Trade Programs
Act of 2007''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SMALL BUSINESS TRADE POLICY
Sec. 101. Develop and implement small business trade policies.
Sec. 102. Establish an annual small business trade strategy.
Sec. 103. Track small business exports and trade resource utilization.
TITLE II--TRADE COMPLIANCE PROGRAMS
Sec. 201. Trade Remedy and Dispute Assistance Initiative.
Sec. 202. Patent Assistance and Intellectual Property Protections
Initiative.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES
Sec. 301. Trade Adjustment Assistance Financing Initiative.
Sec. 302. Technical resources for trade adjustment assistance.
TITLE IV--EXPORT ASSISTANCE
Sec. 401. Increase Small Business Administration participation at
Export Assistance Centers.
Sec. 402. Increase access to capital for small and medium-sized
exporters.
Sec. 403. Clerical amendment.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
TITLE I--SMALL BUSINESS TRADE POLICY
SEC. 101. TRADE POLICY FOR SMALL BUSINESS.
Section 22 of the Small Business Act (15 U.S.C. 649) is amended by
adding at the end the following:
``(h) Role in Trade Policy.--
``(1) Recommendations.--The director of the Office shall
present recommendations regarding small business exporters to
trade negotiators.
``(2) Development of trade policies.--The director of the
Office shall assist in the development of trade policies that
increase opportunities for small businesses in domestic and
foreign markets, including the removal of trade barriers.
``(3) Implementation of trade policies.--The director of
the Office shall assist in the implementation of trade policies
through relationships developed with Federal trade
policymakers, particularly the United States Trade
Representative, and transnational organizations, such as the
Organization for Economic Co-operation and Development.
``(4) Small exporter promotion programs.--The director of
the Office shall establish programs that will boost the export
opportunities of entrepreneurs and encourage transnational
organizations, such as the Organization for Economic Co-
operation and Development, small exporter organizations, and
ministries of foreign governments to support and publicize
these programs.
``(5) Strategic alliances.--
``(A) Congressional notification.--The director of
the Office shall notify the Committee on Small Business
of the House of Representatives and the Committee on
Small Business and Entrepreneurship of the Senate of
pending strategic alliances.
``(B) Follow-up activities.--The director of the
Office shall ensure that planned and documented follow-
up activities for strategic alliances increase trade
opportunities for small businesses.
``(C) Strategic alliance defined.--In this
paragraph, the term `strategic alliance' means a
working relationship, entered into between the Small
Business Administration and foreign national ministries
representing small business concerns, for the purpose
of strengthening trade between United States small
businesses and foreign small businesses by establishing
overseas networks and buyers.''.
SEC. 102. ESTABLISH AN ANNUAL SMALL BUSINESS TRADE STRATEGY.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(i) Annual Small Business Trade Strategy.--
``(1) In general.--The director of the Office shall develop
and maintain a small business trade strategy that is
contributed as part of the National Export Strategy developed
by the Department of Commerce that includes at least the
following components:
``(A) Strategies to increase small business export
opportunities. The strategies shall include a specific
strategy to increase small business export
opportunities to the Asia Pacific Region.
``(B) Recommendations to increase the
competitiveness of domestic small business industries
in the global economy.
``(C) Recommendations to protect small businesses
from unfair trade practices, including intellectual
property violations.
``(D) Strategies to expand small business
representation in United States trade policy formation
and implementation.
``(E) Coordination efforts with the Trade Promotion
Coordinating Committee of the Department of Commerce,
as well as with Federal agencies that also provide
trade financing to small businesses, such as the
Overseas Private Investment Corporation and the Export-
Import Bank.
``(2) Report.--At the beginning of each fiscal year, the
director shall submit to the Committee on Small Business of the
House of Representatives and the Committee on Small Business
and Entrepreneurship of the Senate a report on the small
business trade strategy required by paragraph (1). The report
shall cover, at a minimum, each of the components required by
paragraph (1) and shall include specific policies and
objectives and timelines to implement those policies and
objectives.''.
SEC. 103. TRACK SMALL BUSINESS EXPORTS AND TRADE RESOURCE UTILIZATION.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(j) Tracking System.--
``(1) In general.--The director of the Office shall develop
a system to track small business exports and the use by small
businesses of Federal trade promotion resources. The director
shall ensure that the system is consistent through each Federal
agency member of the Trade Promotion Coordinating Committee.
``(2) Design emphasis.--The director shall give particular
attention, in designing the system, to the tracking of data on
the trade of services by small exporters, in consultation with
the Department of Commerce.
``(3) Implementation.--The director shall work in
consultation with members of the Trade Promotion Coordinating
Committee to ensure that the system is implemented and that the
results of the system are reported annually in the National
Export Strategy conducted by the Trade Promotion Coordinating
Committee.''.
TITLE II--TRADE COMPLIANCE PROGRAMS
SEC. 201. TRADE REMEDY AND DISPUTE ASSISTANCE INITIATIVE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(k) Trade Remedy and Dispute Assistance Initiative.--The director
of the Office shall design, and the district offices of the
Administration shall implement, a program that provides technical
assistance, counseling services, and reference materials to assist
small businesses navigate the trade dispute and remedy processes. The
program shall include--
``(1) information on available resources, procedures, and
requirements for trade remedy investigations;
``(2) an approach for district office staff to provide one-
on-one assistance to small businesses involved in these
activities; and
``(3) an identification of legal resources and other tools
to ensure small businesses can navigate the trade dispute and
remedy processes affordably.''.
SEC. 202. PATENT ASSISTANCE AND INTELLECTUAL PROPERTY PROTECTIONS
INITIATIVE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(l) Patent Assistance and Intellectual Property Protections
Initiative.--In consultation with the United States Patent and
Trademark Office and the United States Copyright Office, the Office
shall design counseling services, including identifying legal resources
for small businesses to secure intellectual property protection in
foreign countries. To implement the program, the Office shall
collaborate with district office staff to provide on-on-one assistance
to small businesses involved in these activities.''.
TITLE III--TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES
SEC. 301. TRADE ADJUSTMENT ASSISTANCE FINANCING INITIATIVE.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended--
(1) in paragraph (2)(D) by inserting after ``paragraph
(14)(A),'' the following: ``or to participate in a loan made
under paragraph (16),''; and
(2) in paragraph (16)--
(A) in subparagraph (D) by striking clauses (i) and
(ii) and inserting the following:
``(i) is impacted by--
``(I) increased competition with
foreign firms in the relevant market;
or
``(II) unfair trade practices,
particularly intellectual property
violations; and
``(ii) is injured by such impacts.''; and
(B) by adding at the end the following:
``(E) Outreach and marketing.--The Administration
shall increase outreach and marketing of international
trade loans to district offices and private lenders.''.
SEC. 302. TECHNICAL RESOURCES FOR TRADE ADJUSTMENT ASSISTANCE.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(m) Technical Resources for Trade Adjustment Assistance.--
``(1) In general.--The director of the Office shall
establish a comprehensive set of services to assist small
business readjustment, including access to training,
technology, marketing assistance, and research and information
on domestic and global markets.
``(2) Implementation.--The Administrator shall, by
regulation, establish such requirements as may be necessary to
carry out paragraph (1).
``(3) Outreach.--The Office shall work with the district
offices and the outreach business assistance centers of the
Administration, including Small Business Development Centers,
Women's Business Centers, and SCORE, to offer the set of
services established under paragraph (1) to small businesses in
their local communities.''.
TITLE IV--EXPORT ASSISTANCE
SEC. 401. INCREASE SMALL BUSINESS ADMINISTRATION PARTICIPATION AT
EXPORT ASSISTANCE CENTERS.
Section 22 of the Small Business Act (15 U.S.C. 649), as amended by
this Act, is further amended by adding at the end the following:
``(n) Trade Finance Positions.--
``(1) Additional trade finance specialists.--
``(A) In general.--The Office, over the 1-year
period beginning on the date of the enactment of this
subsection, shall increase the number of trade finance
specialists at Export Assistance Centers by at least 6
and thereafter shall maintain the number of such trade
finance specialists at or above that number. Candidates
for the positions are required to have sufficient
qualifications and experiences.
``(B) Authorization of appropriations.--There are
authorized to be appropriated to carry out subparagraph
(A) such sums as may be necessary.
``(2) Filling vacant positions.--The Office, over the 3-
month period beginning on the date of the enactment of this
subsection, shall fill all trade finance positions that have
been vacant since 2003. Candidates for the positions are
required to have sufficient qualifications and experiences.
``(3) Filling gaps in high-export-volume areas.--The
director of the Office shall--
``(A) not later than 1 year after the date of the
enactment of this subsection, carry out a national
study to compare the rate of exports from each State
and major metropolitan region to the availability of
Administration staff participating in Export Assistance
Centers in such State or region;
``(B) not later than 2 years after such date of
enactment, design a formula to eliminate gaps between
supply of, and demand for, such staff in areas with
high export volumes; and
``(C) request the additional staff that are
required to eliminate such gaps and place them in those
areas.''.
SEC. 402. INCREASE ACCESS TO CAPITAL FOR SMALL AND MEDIUM-SIZED
EXPORTERS.
Section 7(a) of the Small Business Act (15 U.S.C. 636(a)) is
amended--
(1) in paragraph (2)(D) by amending the heading to read as
follows: ``Participation under export working capital and
international trade programs''; and
(2) in paragraph (3)--
(A) in subparagraph (A) by striking ``subparagraph
(B)'' and inserting ``subparagraphs (B) and (C)'';
(B) by redesignating subparagraphs (B) and (C) as
(C) and (D), respectively;
(C) by inserting after subparagraph (A) the
following:
``(B) if the total amount outstanding and committed
(by participation or otherwise) solely for the purposes
provided in paragraphs (14)(A) and (16) to the borrower
from the business loan and investment fund established
by this Act would exceed $2,250,000 (or if the gross
loan amount would exceed $3,000,000), except as
provided in subparagraph (C);''; and
(D) in subparagraph (C) (as so redesignated) by
striking ``$1,750,000, of which not more than
$1,250,000'' and inserting ``$2,250,000, of which not
more than $1,600,000''.
SEC. 403. CLERICAL AMENDMENT.
Section 22(c)(5) of the Small Business Act (15 U.S.C. 649) is
amended by striking the period at the end and inserting a semicolon.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act and the amendments made by this Act.
Passed the House of Representatives September 4, 2007.
Attest:
LORRAINE C. MILLER,
Clerk.
By Jorge E. Sorensen,
Deputy Clerk. | SBA Trade Programs Act of 2007 - Title I: Small Business Trade Policy - Amends the Small Business Act to require the director of the Office of International Trade (Office) within the Small Business Administration (SBA) to: (1) present recommendations regarding small business exporters to trade negotiators. (2) develop trade policies that support small businesses in domestic and foreign markets. (3) implement trade policies through relationships developed with federal trade policymakers and transnational organizations. (4) establish programs to boost exports of entrepreneurs and encourage transnational organizations to support and publicize such programs. (5) notify the congressional small business committees of pending strategic alliances. And (6) engage in follow-up activities for strategic alliances increasing trade opportunities for small businesses. Requires the director to: (1) develop and maintain a small business trade strategy that is contributed as part of the National Export Strategy developed by the Department of Commerce. And (2) report such strategy to the small business committees. Requires the director to develop a system to track small business exports and the use by small businesses of federal trade promotion resources. Title II: Trade Compliance Programs - Requires the director to design a program that provides technical assistance, counseling services, and reference materials to assist small businesses in navigating the trade dispute and remedy processes. Directs the Office to design counseling services for small businesses taking legal action to secure intellectual property protection in foreign countries. Title III: Trade Adjustment Assistance for Small Businesses - Directs the SBA to increase outreach and marketing of international trade loans to district offices and private lenders. Requires the director to establish a comprehensive set of services to assist small business trade readjustment. Title IV: Export Assistance - Directs the Office to increase by at least six the number of trade finance specialists at Export Assistance Centers. Authorizes appropriations. Requires the director to carry out a national study to compare the rates of exports from each state and major metropolitan region to the availability of SBA staff participating in Export Assistance Centers in such state or region. Increases SBA loan limits for small and medium-sized exporters participating in export working capital and international trade programs. Title V: Authorization of Appropriations - Authorizes appropriations. | To amend the Small Business Act to improve trade programs, and for other purposes. | 16,388 | 2,560 | <SECTION-HEADER> SHORT TITLE. TABLE OF CONTENTS. Short Title. This Act may be cited as the "SBA Trade Programs Act of 2007". Table of Contents. The table of contents for this Act is as follows: <SECTION-HEADER> Short title. Table of contents. TITLE I SMALL BUSINESS TRADE POLICY Section 101. Develop and implement small business trade policies. Section 102. Establish an annual small business trade strategy. Section 103. Track small business exports and trade resource utilization. TITLE II TRADE COMPLIANCE PROGRAMS Section 201. Trade Remedy and Dispute Assistance Initiative. Section 202. Patent Assistance and Intellectual Property Protections Initiative. TITLE III TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES Section 301. Trade Adjustment Assistance Financing Initiative. Section 302. Technical resources for trade adjustment assistance. TITLE IV EXPORT ASSISTANCE Section 401. Increase Small Business Administration participation at Export Assistance Centers. Section 402. Increase access to capital for small and medium-sized exporters. Section 403. Clerical amendment. TITLE V AUTHORIZATION OF APPROPRIATIONS Section 501. Authorization of appropriations. TITLE I SMALL BUSINESS TRADE POLICY Section 101. TRADE POLICY FOR SMALL BUSINESS. Section 22 of the Small Business Act is amended by adding at the end the following: Role in Trade Policy. Recommendations. The director of the Office shall present recommendations regarding small business exporters to trade negotiators. Development of trade policies. The director of the Office shall assist in the development of trade policies that increase opportunities for small businesses in domestic and foreign markets, including the removal of trade barriers. Implementation of trade policies. The director of the Office shall assist in the implementation of trade policies through relationships developed with Federal trade policymakers, particularly the United States Trade Representative, and transnational organizations, such as the Organization for Economic Co-operation and Development. Small exporter promotion programs. The director of the Office shall establish programs that will boost the export opportunities of entrepreneurs and encourage transnational organizations, such as the Organization for Economic Co- operation and Development, small exporter organizations, and ministries of foreign governments to support and publicize these programs. Strategic alliances. Congressional notification. The director of the Office shall notify the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate of pending strategic alliances. Follow-up activities. The director of the Office shall ensure that planned and documented follow- up activities for strategic alliances increase trade opportunities for small businesses. Strategic alliance defined. In this paragraph, the term `strategic alliance' means a working relationship, entered into between the Small Business Administration and foreign national ministries representing small business concerns, for the purpose of strengthening trade between United States small businesses and foreign small businesses by establishing overseas networks and buyers.". Section 102. ESTABLISH AN ANNUAL SMALL BUSINESS TRADE STRATEGY. Section 22 of the Small Business Act , as amended by this Act, is further amended by adding at the end the following: Annual Small Business Trade Strategy. In general. The director of the Office shall develop and maintain a small business trade strategy that is contributed as part of the National Export Strategy developed by the Department of Commerce that includes at least the following components: Strategies to increase small business export opportunities. The strategies shall include a specific strategy to increase small business export opportunities to the Asia Pacific Region. Recommendations to increase the competitiveness of domestic small business industries in the global economy. Recommendations to protect small businesses from unfair trade practices, including intellectual property violations. Strategies to expand small business representation in United States trade policy formation and implementation. Coordination efforts with the Trade Promotion Coordinating Committee of the Department of Commerce, as well as with Federal agencies that also provide trade financing to small businesses, such as the Overseas Private Investment Corporation and the Export- Import Bank. Report. At the beginning of each fiscal year, the director shall submit to the Committee on Small Business of the House of Representatives and the Committee on Small Business and Entrepreneurship of the Senate a report on the small business trade strategy required by paragraph (1). The report shall cover, at a minimum, each of the components required by paragraph (1) and shall include specific policies and objectives and timelines to implement those policies and objectives.". Section 103. TRACK SMALL BUSINESS EXPORTS AND TRADE RESOURCE UTILIZATION. Section 22 of the Small Business Act , as amended by this Act, is further amended by adding at the end the following: Tracking System. In general. The director of the Office shall develop a system to track small business exports and the use by small businesses of Federal trade promotion resources. The director shall ensure that the system is consistent through each Federal agency member of the Trade Promotion Coordinating Committee. Design emphasis. The director shall give particular attention, in designing the system, to the tracking of data on the trade of services by small exporters, in consultation with the Department of Commerce. Implementation. The director shall work in consultation with members of the Trade Promotion Coordinating Committee to ensure that the system is implemented and that the results of the system are reported annually in the National Export Strategy conducted by the Trade Promotion Coordinating Committee.". TITLE II TRADE COMPLIANCE PROGRAMS Section 201. TRADE REMEDY AND DISPUTE ASSISTANCE INITIATIVE. Section 22 of the Small Business Act , as amended by this Act, is further amended by adding at the end the following: Trade Remedy and Dispute Assistance Initiative. The director of the Office shall design, and the district offices of the Administration shall implement, a program that provides technical assistance, counseling services, and reference materials to assist small businesses navigate the trade dispute and remedy processes. The program shall include information on available resources, procedures, and requirements for trade remedy investigations. An approach for district office staff to provide one- on-one assistance to small businesses involved in these activities. And an identification of legal resources and other tools to ensure small businesses can navigate the trade dispute and remedy processes affordably.". Section 202. PATENT ASSISTANCE AND INTELLECTUAL PROPERTY PROTECTIONS INITIATIVE. Section 22 of the Small Business Act , as amended by this Act, is further amended by adding at the end the following: Patent Assistance and Intellectual Property Protections Initiative. In consultation with the United States Patent and Trademark Office and the United States Copyright Office, the Office shall design counseling services, including identifying legal resources for small businesses to secure intellectual property protection in foreign countries. To implement the program, the Office shall collaborate with district office staff to provide on-on-one assistance to small businesses involved in these activities.". TITLE III TRADE ADJUSTMENT ASSISTANCE FOR SMALL BUSINESSES Section 301. TRADE ADJUSTMENT ASSISTANCE FINANCING INITIATIVE. Section 7(a) of the Small Business Act (15 USC. 636(a)) is amended in paragraph (2)(D) by inserting after "paragraph (A)," the following: "or to participate in a loan made under paragraph (16),". And in paragraph (16) in subparagraph (D) by striking clauses (i) and and inserting the following: is impacted by increased competition with foreign firms in the relevant market, or unfair trade practices, particularly intellectual property violations, and is injured by such impacts.". And by adding at the end the following: Outreach and marketing. The Administration shall increase outreach and marketing of international trade loans to district offices and private lenders.". Section 302. TECHNICAL RESOURCES FOR TRADE ADJUSTMENT ASSISTANCE. Section 22 of the Small Business Act , as amended by this Act, is further amended by adding at the end the following: Technical Resources for Trade Adjustment Assistance. In general. The director of the Office shall establish a comprehensive set of services to assist small business readjustment, including access to training, technology, marketing assistance, and research and information on domestic and global markets. Implementation. The Administrator shall, by regulation, establish such requirements as may be necessary to carry out paragraph (1). Outreach. The Office shall work with the district offices and the outreach business assistance centers of the Administration, including Small Business Development Centers, Women's Business Centers, and SCORE, to offer the set of services established under paragraph (1) to small businesses in their local communities.". TITLE IV EXPORT ASSISTANCE Section 401. INCREASE SMALL BUSINESS ADMINISTRATION PARTICIPATION AT EXPORT ASSISTANCE CENTERS. Section 22 of the Small Business Act , as amended by this Act, is further amended by adding at the end the following: Trade Finance Positions. Additional trade finance specialists. In general. The Office, over the 1-year period beginning on the date of the enactment of this subsection, shall increase the number of trade finance specialists at Export Assistance Centers by at least 6 and thereafter shall maintain the number of such trade finance specialists at or above that number. Candidates for the positions are required to have sufficient qualifications and experiences. Authorization of appropriations. There are authorized to be appropriated to carry out subparagraph such sums as may be necessary. Filling vacant positions. The Office, over the 3- month period beginning on the date of the enactment of this subsection, shall fill all trade finance positions that have been vacant since 2003. Candidates for the positions are required to have sufficient qualifications and experiences. Filling gaps in high-export-volume areas. The director of the Office shall not later than 1 year after the date of the enactment of this subsection, carry out a national study to compare the rate of exports from each State and major metropolitan region to the availability of Administration staff participating in Export Assistance Centers in such State or region. Not later than 2 years after such date of enactment, design a formula to eliminate gaps between supply of, and demand for, such staff in areas with high export volumes. And request the additional staff that are required to eliminate such gaps and place them in those areas.". Section 402. INCREASE ACCESS TO CAPITAL FOR SMALL AND MEDIUM-SIZED EXPORTERS. Section 7(a) of the Small Business Act (15 USC. 636(a)) is amended in paragraph (2)(D) by amending the heading to read as follows: "Participation under export working capital and international trade programs". And in paragraph (3) in subparagraph (A) by striking "subparagraph " and inserting "subparagraphs (B) and (C)", by redesignating subparagraphs (B) and (C) as and (D), respectively. By inserting after subparagraph (A) the following: if the total amount outstanding and committed solely for the purposes provided in paragraphs (14)(A) and (16) to the borrower from the business loan and investment fund established by this Act would exceed $2,250,000 , except as provided in subparagraph (C), ". And in subparagraph (C) by striking "$1,750,000, of which not more than $1,250,000" and inserting "$2,250,000, of which not more than $1,600,000". Section 403. CLERICAL AMENDMENT. Section 22(c)(5) of the Small Business Act is amended by striking the period at the end and inserting a semicolon. TITLE V AUTHORIZATION OF APPROPRIATIONS Section 501. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act and the amendments made by this Act. Passed the House of Representatives September 4, 2007. Attest: LORRAINE C. MILLER, Clerk. By Jorge E. Sorensen, Deputy Clerk. | SBA Trade Programs Act of 2007 - Title I: Small Business Trade Policy - Amends the Small Business Act to require the director of the Office of International Trade (Office) within the Small Business Administration (SBA) to: (1) present recommendations regarding small business exporters to trade negotiators. (2) develop trade policies that support small businesses in domestic and foreign markets. (3) implement trade policies through relationships developed with federal trade policymakers and transnational organizations. (4) establish programs to boost exports of entrepreneurs and encourage transnational organizations to support and publicize such programs. (5) notify the congressional small business committees of pending strategic alliances. And (6) engage in follow-up activities for strategic alliances increasing trade opportunities for small businesses. Requires the director to: (1) develop and maintain a small business trade strategy that is contributed as part of the National Export Strategy developed by the Department of Commerce. And (2) report such strategy to the small business committees. Requires the director to develop a system to track small business exports and the use by small businesses of federal trade promotion resources. Title II: Trade Compliance Programs - Requires the director to design a program that provides technical assistance, counseling services, and reference materials to assist small businesses in navigating the trade dispute and remedy processes. Directs the Office to design counseling services for small businesses taking legal action to secure intellectual property protection in foreign countries. Title III: Trade Adjustment Assistance for Small Businesses - Directs the SBA to increase outreach and marketing of international trade loans to district offices and private lenders. Requires the director to establish a comprehensive set of services to assist small business trade readjustment. Title IV: Export Assistance - Directs the Office to increase by at least six the number of trade finance specialists at Export Assistance Centers. Authorizes appropriations. Requires the director to carry out a national study to compare the rates of exports from each state and major metropolitan region to the availability of SBA staff participating in Export Assistance Centers in such state or region. Increases SBA loan limits for small and medium-sized exporters participating in export working capital and international trade programs. Title V: Authorization of Appropriations - Authorizes appropriations. | To amend the Small Business Act to improve trade programs, and for other purposes. |
110_hr6139 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Refinery Permit Process Schedule
Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act--
(1) the term ``Administrator'' means the Administrator of
the Environmental Protection Agency;
(2) the term ``applicant'' means a person who (with the
approval of the governor of the State, or in the case of Native
American tribes or tribal territories the designated leader of
the tribe or tribal community, where the proposed refinery
would be located) is seeking a Federal refinery authorization;
(3) the term ``biomass'' has the meaning given that term in
section 932(a)(1) of the Energy Policy Act of 2005;
(4) the term ``Federal refinery authorization''--
(A) means any authorization required under Federal
law, whether administered by a Federal or State
administrative agency or official, with respect to
siting, construction, expansion, or operation of a
refinery; and
(B) includes any permits, licenses, special use
authorizations, certifications, opinions, or other
approvals required under Federal law with respect to
siting, construction, expansion, or operation of a
refinery;
(5) the term ``refinery'' means--
(A) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
crude oil by any chemical or physical process,
including distillation, fluid catalytic cracking,
hydrocracking, coking, alkylation, etherification,
polymerization, catalytic reforming, isomerization,
hydrotreating, blending, and any combination thereof,
in order to produce gasoline or distillate;
(B) a facility designed and operated to receive,
load, unload, store, transport, process, and refine
coal by any chemical or physical process, including
liquefaction, in order to produce gasoline or diesel as
its primary output; or
(C) a facility designed and operated to receive,
load, unload, store, transport, process (including
biochemical, photochemical, and biotechnology
processes), and refine biomass in order to produce
biofuel; and
(6) the term ``State'' means a State, the District of
Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
SEC. 3. STATE ASSISTANCE.
(a) State Assistance.--At the request of a governor of a State, or
in the case of Native American tribes or tribal territories the
designated leader of the tribe or tribal community, the Administrator
is authorized to provide financial assistance to that State or tribe or
tribal community to facilitate the hiring of additional personnel to
assist the State or tribe or tribal community with expertise in fields
relevant to consideration of Federal refinery authorizations.
(b) Other Assistance.--At the request of a governor of a State, or
in the case of Native American tribes or tribal territories the
designated leader of the tribe or tribal community, a Federal agency
responsible for a Federal refinery authorization shall provide
technical, legal, or other nonfinancial assistance to that State or
tribe or tribal community to facilitate its consideration of Federal
refinery authorizations.
SEC. 4. REFINERY PROCESS COORDINATION AND PROCEDURES.
(a) Appointment of Federal Coordinator.--
(1) In general.--The President shall appoint a Federal
coordinator to perform the responsibilities assigned to the
Federal coordinator under this Act.
(2) Other agencies.--Each Federal and State agency or
official required to provide a Federal refinery authorization
shall cooperate with the Federal coordinator.
(b) Federal Refinery Authorizations.--
(1) Meeting participants.--Not later than 30 days after
receiving a notification from an applicant that the applicant
is seeking a Federal refinery authorization pursuant to Federal
law, the Federal coordinator appointed under subsection (a)
shall convene a meeting of representatives from all Federal and
State agencies responsible for a Federal refinery authorization
with respect to the refinery. The governor of a State shall
identify each agency of that State that is responsible for a
Federal refinery authorization with respect to that refinery.
(2) Memorandum of agreement.--(A) Not later than 90 days
after receipt of a notification described in paragraph (1), the
Federal coordinator and the other participants at a meeting
convened under paragraph (1) shall establish a memorandum of
agreement setting forth the most expeditious coordinated
schedule possible for completion of all Federal refinery
authorizations with respect to the refinery, consistent with
the full substantive and procedural review required by Federal
law. If a Federal or State agency responsible for a Federal
refinery authorization with respect to the refinery is not
represented at such meeting, the Federal coordinator shall
ensure that the schedule accommodates those Federal refinery
authorizations, consistent with Federal law. In the event of
conflict among Federal refinery authorization scheduling
requirements, the requirements of the Environmental Protection
Agency shall be given priority.
(B) Not later than 15 days after completing the memorandum
of agreement, the Federal coordinator shall publish the
memorandum of agreement in the Federal Register.
(C) The Federal coordinator shall ensure that all parties
to the memorandum of agreement are working in good faith to
carry out the memorandum of agreement, and shall facilitate the
maintenance of the schedule established therein.
(c) Consolidated Record.--The Federal coordinator shall, with the
cooperation of Federal and State administrative agencies and officials,
maintain a complete consolidated record of all decisions made or
actions taken by the Federal coordinator or by a Federal administrative
agency or officer (or State administrative agency or officer acting
under delegated Federal authority) with respect to any Federal refinery
authorization. Such record shall be the record for judicial review
under subsection (d) of decisions made or actions taken by Federal and
State administrative agencies and officials, except that, if the Court
determines that the record does not contain sufficient information, the
Court may remand the proceeding to the Federal coordinator for further
development of the consolidated record.
(d) Remedies.--
(1) In general.--The United States District Court for the
district in which the proposed refinery is located shall have
exclusive jurisdiction over any civil action for the review of
the failure of an agency or official to act on a Federal
refinery authorization in accordance with the schedule
established pursuant to the memorandum of agreement.
(2) Standing.--If an applicant or a party to a memorandum
of agreement alleges that a failure to act described in
paragraph (1) has occurred and that such failure to act would
jeopardize timely completion of the entire schedule as
established in the memorandum of agreement, such applicant or
other party may bring a cause of action under this subsection.
(3) Court action.--If an action is brought under paragraph
(2), the Court shall review whether the parties to the
memorandum of agreement have been acting in good faith, whether
the applicant has been cooperating fully with the agencies that
are responsible for issuing a Federal refinery authorization,
and any other relevant materials in the consolidated record.
Taking into consideration those factors, if the Court finds
that a failure to act described in paragraph (1) has occurred,
and that such failure to act would jeopardize timely completion
of the entire schedule as established in the memorandum of
agreement, the Court shall establish a new schedule that is the
most expeditious coordinated schedule possible for completion
of proceedings, consistent with the full substantive and
procedural review required by Federal law. The court may issue
orders to enforce any schedule it establishes under this
paragraph.
(4) Federal coordinator's action.--When any civil action is
brought under this subsection, the Federal coordinator shall
immediately file with the Court the consolidated record
compiled by the Federal coordinator pursuant to subsection (c).
(5) Expedited review.--The Court shall set any civil action
brought under this subsection for expedited consideration.
SEC. 5. DESIGNATION OF CLOSED MILITARY BASES.
(a) Designation Requirement.--Not later than 90 days after the date
of enactment of this Act, the President shall designate no less than 3
closed military installations, or portions thereof, as potentially
suitable for the construction of a refinery. At least 1 such site shall
be designated as potentially suitable for construction of a refinery to
refine biomass in order to produce biofuel.
(b) Redevelopment Authority.--The redevelopment authority for each
installation designated under subsection (a), in preparing or revising
the redevelopment plan for the installation, shall consider the
feasibility and practicability of siting a refinery on the
installation.
(c) Management and Disposal of Real Property.--The Secretary of
Defense, in managing and disposing of real property at an installation
designated under subsection (a) pursuant to the base closure law
applicable to the installation, shall give substantial deference to the
recommendations of the redevelopment authority, as contained in the
redevelopment plan for the installation, regarding the siting of a
refinery on the installation. The management and disposal of real
property at a closed military installation or portion thereof found to
be suitable for the siting of a refinery under subsection (a) shall be
carried out in the manner provided by the base closure law applicable
to the installation.
(d) Definitions.--For purposes of this section--
(1) the term ``base closure law'' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note) and title II of the
Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note); and
(2) the term ``closed military installation'' means a
military installation closed or approved for closure pursuant
to a base closure law.
SEC. 6. SAVINGS CLAUSE.
Nothing in this Act shall be construed to affect the application of
any environmental or other law, or to prevent any party from bringing a
cause of action under any environmental or other law, including citizen
suits.
SEC. 7. REFINERY REVITALIZATION REPEAL.
Subtitle H of title III of the Energy Policy Act of 2005 and the
items relating thereto in the table of contents of such Act are
repealed. | Refinery Permit Process Schedule Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon the request of a state governor, or in the case of Native American tribes or tribal territories, the designated leader of the tribe or tribal community, to provide financial assistance to hire additional personnel to assist the state or tribe or tribal community with expertise in fields relevant to consideration of federal refinery authorizations. Requires a federal agency responsible for refinery authorization to provide, upon the request of a state governor, or in the case of Native American tribes or tribal territories, the designated leader of the tribe or tribal community, technical, legal, or other nonfinancial assistance to facilitate state or tribal consideration of such authorizations. Directs the President to appoint a federal coordinator to facilitate such authorizations. Requires the coordinator, upon the request of an applicant seeking a federal refinery authorization, to establish a memorandum of agreement, executed by relevant federal and state agencies, setting forth the most expeditious coordinated schedule possible for completion of all such authorizations. Instructs the President to designate at least three closed military installations as potentially suitable for the construction of a refinery. Requires that at least one such site be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel. Requires the redevelopment authority, in preparing or revising the redevelopment plan for each such designated installation, to consider the feasibility and practicability of siting a refinery on the installation. Amends the Energy Policy Act of 2005 to repeal certain requirements regarding refinery revitalization. | To set schedules for the consideration of permits for refineries. | 12,068 | 1,822 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Refinery Permit Process Schedule Act". <SECTION-HEADER> DEFINITIONS. For purposes of this Act the term "Administrator" means the Administrator of the Environmental Protection Agency. The term "applicant" means a person who is seeking a Federal refinery authorization. The term "biomass" has the meaning given that term in section 932(a)(1) of the Energy Policy Act of 2005. The term "Federal refinery authorization" means any authorization required under Federal law, whether administered by a Federal or State administrative agency or official, with respect to siting, construction, expansion, or operation of a refinery. And includes any permits, licenses, special use authorizations, certifications, opinions, or other approvals required under Federal law with respect to siting, construction, expansion, or operation of a refinery. The term "refinery" means a facility designed and operated to receive, load, unload, store, transport, process, and refine crude oil by any chemical or physical process, including distillation, fluid catalytic cracking, hydrocracking, coking, alkylation, etherification, polymerization, catalytic reforming, isomerization, hydrotreating, blending, and any combination thereof, in order to produce gasoline or distillate. A facility designed and operated to receive, load, unload, store, transport, process, and refine coal by any chemical or physical process, including liquefaction, in order to produce gasoline or diesel as its primary output. Or a facility designed and operated to receive, load, unload, store, transport, process , and refine biomass in order to produce biofuel. And the term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. <SECTION-HEADER> STATE ASSISTANCE. State Assistance. At the request of a governor of a State, or in the case of Native American tribes or tribal territories the designated leader of the tribe or tribal community, the Administrator is authorized to provide financial assistance to that State or tribe or tribal community to facilitate the hiring of additional personnel to assist the State or tribe or tribal community with expertise in fields relevant to consideration of Federal refinery authorizations. Other Assistance. At the request of a governor of a State, or in the case of Native American tribes or tribal territories the designated leader of the tribe or tribal community, a Federal agency responsible for a Federal refinery authorization shall provide technical, legal, or other nonfinancial assistance to that State or tribe or tribal community to facilitate its consideration of Federal refinery authorizations. <SECTION-HEADER> REFINERY PROCESS COORDINATION AND PROCEDURES. Appointment of Federal Coordinator. In general. The President shall appoint a Federal coordinator to perform the responsibilities assigned to the Federal coordinator under this Act. Other agencies. Each Federal and State agency or official required to provide a Federal refinery authorization shall cooperate with the Federal coordinator. Federal Refinery Authorizations. Meeting participants. Not later than 30 days after receiving a notification from an applicant that the applicant is seeking a Federal refinery authorization pursuant to Federal law, the Federal coordinator appointed under subsection (a) shall convene a meeting of representatives from all Federal and State agencies responsible for a Federal refinery authorization with respect to the refinery. The governor of a State shall identify each agency of that State that is responsible for a Federal refinery authorization with respect to that refinery. Memorandum of agreement. (A) Not later than 90 days after receipt of a notification described in paragraph (1), the Federal coordinator and the other participants at a meeting convened under paragraph (1) shall establish a memorandum of agreement setting forth the most expeditious coordinated schedule possible for completion of all Federal refinery authorizations with respect to the refinery, consistent with the full substantive and procedural review required by Federal law. If a Federal or State agency responsible for a Federal refinery authorization with respect to the refinery is not represented at such meeting, the Federal coordinator shall ensure that the schedule accommodates those Federal refinery authorizations, consistent with Federal law. In the event of conflict among Federal refinery authorization scheduling requirements, the requirements of the Environmental Protection Agency shall be given priority. Not later than 15 days after completing the memorandum of agreement, the Federal coordinator shall publish the memorandum of agreement in the Federal Register. The Federal coordinator shall ensure that all parties to the memorandum of agreement are working in good faith to carry out the memorandum of agreement, and shall facilitate the maintenance of the schedule established therein. Consolidated Record. The Federal coordinator shall, with the cooperation of Federal and State administrative agencies and officials, maintain a complete consolidated record of all decisions made or actions taken by the Federal coordinator or by a Federal administrative agency or officer with respect to any Federal refinery authorization. Such record shall be the record for judicial review under subsection (d) of decisions made or actions taken by Federal and State administrative agencies and officials, except that, if the Court determines that the record does not contain sufficient information, the Court may remand the proceeding to the Federal coordinator for further development of the consolidated record. Remedies. In general. The United States District Court for the district in which the proposed refinery is located shall have exclusive jurisdiction over any civil action for the review of the failure of an agency or official to act on a Federal refinery authorization in accordance with the schedule established pursuant to the memorandum of agreement. Standing. If an applicant or a party to a memorandum of agreement alleges that a failure to act described in paragraph (1) has occurred and that such failure to act would jeopardize timely completion of the entire schedule as established in the memorandum of agreement, such applicant or other party may bring a cause of action under this subsection. Court action. If an action is brought under paragraph , the Court shall review whether the parties to the memorandum of agreement have been acting in good faith, whether the applicant has been cooperating fully with the agencies that are responsible for issuing a Federal refinery authorization, and any other relevant materials in the consolidated record. Taking into consideration those factors, if the Court finds that a failure to act described in paragraph (1) has occurred, and that such failure to act would jeopardize timely completion of the entire schedule as established in the memorandum of agreement, the Court shall establish a new schedule that is the most expeditious coordinated schedule possible for completion of proceedings, consistent with the full substantive and procedural review required by Federal law. The court may issue orders to enforce any schedule it establishes under this paragraph. Federal coordinator's action. When any civil action is brought under this subsection, the Federal coordinator shall immediately file with the Court the consolidated record compiled by the Federal coordinator pursuant to subsection (c). Expedited review. The Court shall set any civil action brought under this subsection for expedited consideration. <SECTION-HEADER> DESIGNATION OF CLOSED MILITARY BASES. Designation Requirement. Not later than 90 days after the date of enactment of this Act, the President shall designate no less than 3 closed military installations, or portions thereof, as potentially suitable for the construction of a refinery. At least 1 such site shall be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel. Redevelopment Authority. The redevelopment authority for each installation designated under subsection (a), in preparing or revising the redevelopment plan for the installation, shall consider the feasibility and practicability of siting a refinery on the installation. Management and Disposal of Real Property. The Secretary of Defense, in managing and disposing of real property at an installation designated under subsection (a) pursuant to the base closure law applicable to the installation, shall give substantial deference to the recommendations of the redevelopment authority, as contained in the redevelopment plan for the installation, regarding the siting of a refinery on the installation. The management and disposal of real property at a closed military installation or portion thereof found to be suitable for the siting of a refinery under subsection (a) shall be carried out in the manner provided by the base closure law applicable to the installation. Definitions. For purposes of this section the term "base closure law" means the Defense Base Closure and Realignment Act of 1990 and title II of the Defense Authorization Amendments and Base Closure and Realignment Act. And the term "closed military installation" means a military installation closed or approved for closure pursuant to a base closure law. <SECTION-HEADER> SAVINGS CLAUSE. Nothing in this Act shall be construed to affect the application of any environmental or other law, or to prevent any party from bringing a cause of action under any environmental or other law, including citizen suits. <SECTION-HEADER> REFINERY REVITALIZATION REPEAL. Subtitle H of title III of the Energy Policy Act of 2005 and the items relating thereto in the table of contents of such Act are repealed. | Refinery Permit Process Schedule Act - Authorizes the Administrator of the Environmental Protection Agency (EPA), upon the request of a state governor, or in the case of Native American tribes or tribal territories, the designated leader of the tribe or tribal community, to provide financial assistance to hire additional personnel to assist the state or tribe or tribal community with expertise in fields relevant to consideration of federal refinery authorizations. Requires a federal agency responsible for refinery authorization to provide, upon the request of a state governor, or in the case of Native American tribes or tribal territories, the designated leader of the tribe or tribal community, technical, legal, or other nonfinancial assistance to facilitate state or tribal consideration of such authorizations. Directs the President to appoint a federal coordinator to facilitate such authorizations. Requires the coordinator, upon the request of an applicant seeking a federal refinery authorization, to establish a memorandum of agreement, executed by relevant federal and state agencies, setting forth the most expeditious coordinated schedule possible for completion of all such authorizations. Instructs the President to designate at least three closed military installations as potentially suitable for the construction of a refinery. Requires that at least one such site be designated as potentially suitable for construction of a refinery to refine biomass in order to produce biofuel. Requires the redevelopment authority, in preparing or revising the redevelopment plan for each such designated installation, to consider the feasibility and practicability of siting a refinery on the installation. Amends the Energy Policy Act of 2005 to repeal certain requirements regarding refinery revitalization. | To set schedules for the consideration of permits for refineries. |
111_hr1836 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Payroll Tax Holiday Act of 2009''.
SEC. 2. PAYROLL TAX HOLIDAY FOR SMALL BUSINESSES.
(a) In General.--Subchapter C of chapter 21 of the Internal Revenue
Code of 1986 (relating to Federal Insurance Contributions Act) is
amended by redesignating section 3128 as section 3129 and by inserting
after section 3127 the following new section:
``SEC. 3128. PAYROLL TAX HOLIDAY FOR SMALL BUSINESSES DURING PORTION OF
2009.
``(a) Payroll Taxes.--In the case of an eligible small business,
the rate of the taxes imposed by sections 3101(a) and 3111(a) shall be
zero with respect to remuneration paid during the payroll tax holiday
period, including for purposes of determining the rates of tax under
sections 3201(a) and 3221(a) with respect to compensation paid during
such period.
``(b) Self-Employment Taxes.--In the case of an eligible small
business--
``(1) In general.--For purposes of the tax imposed by
section 1401(a), the self-employment income of the taxpayer for
the taxable year (determined without regard to this subsection)
shall be reduced by the payroll tax holiday period income for
such taxable year.
``(2) Tax on employee representatives under the railroad
retirement tax act.--For purposes of the tax imposed by section
3211(a), the compensation of the taxpayer subject to tax under
such section for the taxable year (determined without regard to
this subsection) shall be reduced by the payroll tax holiday
period income for such taxable year for purposes of applying so
much of the rate of such tax as is determined by reference to
the taxes imposed by sections 3101(a) and 3111(a).
``(3) Payroll tax holiday period income.--For purposes of
this subsection, the payroll tax holiday period income for any
taxable year is the amount equal to the applicable percentage
of--
``(A) the self-employment income for such taxable
year in the case of the tax imposed by section 1401(a),
and
``(B) the compensation subject to tax under section
3211(a) in the case of the tax impose by section
3211(a).
``(4) Applicable percentage.--For purposes of paragraph
(3), the applicable percentage is the percentage determined by
dividing--
``(A) the number of days during the taxable year
which are within the payroll tax holiday period, by
``(B) the number of days during the taxable year.
``(c) Eligible Small Business; Payroll Tax Holiday Period.--For
purposes of this section--
``(1) Eligible small business.--
``(A) In general.--The term `eligible small
business' means any person engaged in a trade or
business if such person employed no more than 50
employees on the first day of the payroll tax holiday
period.
``(B) Special rules.--For purposes of subparagraph
(A)--
``(i) all persons treated as a single
employer under subsection (b), (c), (m), or (o)
of section 414 shall be treated as 1 taxpayer,
and
``(ii) temporary lay-offs shall be
disregarded.
``(2) Payroll tax holiday period.--The term `payroll tax
holiday period' means the period--
``(A) after the last day of the month which
includes the date of the enactment of this section, and
``(B) before January 1, 2010.
``(d) Limitation on Reduction in Employer Taxes.--
``(1) In general.--If at the close of the payroll tax
holiday period--
``(A) the aggregate reduction under this section in
the employer taxes, exceeds
``(B) the aggregate increase in employee
compensation or capital expenditures during the payroll
tax holiday period as compared to the comparable period
ending on the day before the payroll tax holiday
period,
then the applicable employer tax (determined without regard to
this subsection) for the first payroll period beginning after
the payroll tax holiday period shall be increased by such
excess.
``(2) Employer taxes.--For purposes of subparagraph (A),
the term `employer taxes' means--
``(A) the taxes imposed by sections 3111(a) and
3221(a), and
``(B) so much of the taxes imposed by sections
1401(a) and 3211(a) as does not exceed the tax
determined at the rate imposed by section 3111(a).
``(e) Trust Funds Held Harmless.--There are hereby appropriated
(out of any money in the Treasury not otherwise appropriated) for each
fiscal year to the trust funds under section 201 of the Social Security
Act and the Social Security Equivalent Benefit Account under section
15A of the Railroad Retirement Act of 1974 (45 U.S.C. 231n-1) an amount
equal to the reduction in the transfers to such fund for such fiscal
year by reason of this section.
``(f) Employer Notification.--The Secretary shall notify small
business employers of the payroll tax holiday period in any manner the
Secretary deems appropriate.''.
(b) Conforming Amendment.--The table of sections for such
subchapter C is amended by redesignating the item relating to section
3128 as relating to section 3129 and by inserting after the item
relating to section 3127 the following new item:
``Sec. 3128. Payroll tax holiday for small businesses during portion of
2009.''.
(c) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to remuneration
paid after the last day of the month which includes the date of
the enactment of this Act.
(2) Self-employment taxes.--So much of section 3128 of the
Internal Revenue Code of 1986 (as added by this section) as
relates to the taxes imposed by sections 1401(a) and 3211(a)
shall apply to taxable years ending after such last day. | Payroll Tax Holiday Act of 2009 - Amends the Internal Revenue Code to eliminate employment and self-employment taxes between the enactment of this Act and January 1, 2010, for small business owners who employ 50 or fewer employees. | To amend the Internal Revenue Code of 1986 to provide a payroll tax holiday for small businesses. | 6,646 | 231 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Payroll Tax Holiday Act of 2009". <SECTION-HEADER> PAYROLL TAX HOLIDAY FOR SMALL BUSINESSES. In General. Subchapter C of chapter 21 of the Internal Revenue Code of 1986 is amended by redesignating section 3128 as section 3129 and by inserting after section 3127 the following new section: "Section 3128. PAYROLL TAX HOLIDAY FOR SMALL BUSINESSES DURING PORTION OF 2009. Payroll Taxes. In the case of an eligible small business, the rate of the taxes imposed by sections 3101(a) and 3111(a) shall be zero with respect to remuneration paid during the payroll tax holiday period, including for purposes of determining the rates of tax under sections 3201(a) and 3221(a) with respect to compensation paid during such period. Self-Employment Taxes. In the case of an eligible small business In general. For purposes of the tax imposed by section 1401(a), the self-employment income of the taxpayer for the taxable year shall be reduced by the payroll tax holiday period income for such taxable year. Tax on employee representatives under the railroad retirement tax act. For purposes of the tax imposed by section 3211(a), the compensation of the taxpayer subject to tax under such section for the taxable year shall be reduced by the payroll tax holiday period income for such taxable year for purposes of applying so much of the rate of such tax as is determined by reference to the taxes imposed by sections 3101(a) and 3111(a). Payroll tax holiday period income. For purposes of this subsection, the payroll tax holiday period income for any taxable year is the amount equal to the applicable percentage of the self-employment income for such taxable year in the case of the tax imposed by section 1401(a), and the compensation subject to tax under section 3211(a) in the case of the tax impose by section 3211(a). Applicable percentage. For purposes of paragraph , the applicable percentage is the percentage determined by dividing the number of days during the taxable year which are within the payroll tax holiday period, by the number of days during the taxable year. Eligible Small Business. Payroll Tax Holiday Period. For purposes of this section Eligible small business. In general. The term `eligible small business' means any person engaged in a trade or business if such person employed no more than 50 employees on the first day of the payroll tax holiday period. Special rules. For purposes of subparagraph all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as 1 taxpayer, and temporary lay-offs shall be disregarded. Payroll tax holiday period. The term `payroll tax holiday period' means the period after the last day of the month which includes the date of the enactment of this section, and before January 1, 2010. Limitation on Reduction in Employer Taxes. In general. If at the close of the payroll tax holiday period the aggregate reduction under this section in the employer taxes, exceeds the aggregate increase in employee compensation or capital expenditures during the payroll tax holiday period as compared to the comparable period ending on the day before the payroll tax holiday period, then the applicable employer tax for the first payroll period beginning after the payroll tax holiday period shall be increased by such excess. Employer taxes. For purposes of subparagraph (A), the term `employer taxes' means the taxes imposed by sections 3111(a) and 3221(a), and so much of the taxes imposed by sections 1401(a) and 3211(a) as does not exceed the tax determined at the rate imposed by section 3111(a). Trust Funds Held Harmless. There are hereby appropriated for each fiscal year to the trust funds under section 201 of the Social Security Act and the Social Security Equivalent Benefit Account under section 15A of the Railroad Retirement Act of 1974 an amount equal to the reduction in the transfers to such fund for such fiscal year by reason of this section. Employer Notification. The Secretary shall notify small business employers of the payroll tax holiday period in any manner the Secretary deems appropriate.". Conforming Amendment. The table of sections for such subchapter C is amended by redesignating the item relating to section 3128 as relating to section 3129 and by inserting after the item relating to section 3127 the following new item: "Section 3128. Payroll tax holiday for small businesses during portion of 2009.". Effective Date. In general. Except as provided in paragraph (2), the amendments made by this section shall apply to remuneration paid after the last day of the month which includes the date of the enactment of this Act. Self-employment taxes. So much of section 3128 of the Internal Revenue Code of 1986 as relates to the taxes imposed by sections 1401(a) and 3211(a) shall apply to taxable years ending after such last day. | Payroll Tax Holiday Act of 2009 - Amends the Internal Revenue Code to eliminate employment and self-employment taxes between the enactment of this Act and January 1, 2010, for small business owners who employ 50 or fewer employees. | To amend the Internal Revenue Code of 1986 to provide a payroll tax holiday for small businesses. |
107_hr4869 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Satellite Radio Freedom Act''.
SEC. 2. DEFINITIONS.
For purposes of this Act:
(1) Customer.--The term ``customer'' means--
(A) a person or entity that contracts with a
provider of satellite digital audio radio service; or
(B) if the end user of such satellite digital audio
radio service is not such contracting party, the end
user of such satellite digital audio radio service, but
only for purposes of determining the place of primary
use;
but does not include a reseller of satellite digital audio
radio services.
(2) Local taxing jurisdiction.--The term ``local taxing
jurisdiction'' means any municipality, city, county, township,
parish, transportation district, or assessment jurisdiction, or
any other local jurisdiction in the territorial jurisdiction of
the United States with the authority to impose a tax or fee,
but does not include a State.
(3) Place of primary use.--The term ``place of primary
use'' means the residential street address or the primary
business street address representative of where the customer's
use of the satellite digital audio radio service primarily
occurs.
(4) Provider of satellite digital audio radio service.--The
term ``provider of satellite digital audio radio service''
means a person who transmits, broadcasts, sells, or distributes
satellite digital audio radio service.
(5) Satellite digital audio radio service.--The term
``satellite digital audio radio service'' means any radio
communication service provided in the 2320-2345 MHz frequency
band pursuant to a license from the Federal Communications
Commission.
(6) State.--The term ``State'' means any of the several
States, the District of Columbia, or any territory or
possession of the United States.
(7) Supplemental terrestrial repeater.--The term
``supplemental terrestrial repeater'' means a complementary
terrestrial transmitter used to retransmit signals received
from one or more satellites used to provide satellite digital
audio radio service.
(8) Tax or fee.--The terms ``tax'' and ``fee'' mean any
local sales tax, local use tax, local intangible tax, local
income tax, business license tax, utility tax, privilege tax,
gross receipts tax, excise tax, franchise fees,
telecommunications tax, communications tax, or any other tax,
license, or fee that is imposed for the privilege of doing
business, regulating, or raising revenue for a local taxing
jurisdiction, other than ad valorem property taxes.
SEC. 3. PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIGITAL AUDIO
RADIO SATELLITE SERVICE.
(a) Preemption.--
(1) Exemption from local taxation.--No tax or fee shall be
imposed by a local taxing jurisdiction on the provision,
purchase, or use of satellite digital audio radio service, or
on a provider of satellite digital audio radio service.
(2) Exception.--Subsection (a)(1) shall not apply to any
tax or fee imposed by any local taxing jurisdiction on
satellite digital audio radio service to the extent that a
provider of satellite digital audio radio service owns, leases,
or otherwise uses a supplemental terrestrial transmitter that
is physically located in such jurisdiction.
(b) Preservation of State Authority.--This section shall not be
construed to prevent taxation of a provider of satellite digital audio
radio service by a State or to prevent a local taxing jurisdiction from
receiving revenue derived from a tax or fee imposed and collected by a
State.
SEC. 4. STATE TAXATION OF SATELLITE DIGITAL AUDIO RADIO SERVICES.
(a) Limitation.--This section does not provide the authority for a
State to impose a tax or fee unless all of the following circumstances
exist:
(1) The place of primary use is physically located within
the physical boundaries of the State.
(2) The law of such State authorizes the imposition of such
taxes or fees.
(b) Charges.--
(1) Sourcing for purposes of state taxes and fees.--All
charges for satellite digital audio radio services subject to
imposition of taxes or fees by a State shall be sourced to the
customer's place of primary use as defined in section 2,
regardless of where the satellite digital audio radio service
transmission services originate, terminate, or pass through.
(2) Sourcing for other purposes.--Notwithstanding the law
of any State, all charges for satellite digital audio radio
service shall be sourced to the customer's applicable
residential street address or the primary business street
address of the customer. | Satellite Radio Freedom Act - Prohibits any tax or fee from being imposed by a local taxing jurisdiction on the provision, purchase, or use of satellite digital audio radio service or on a provider of such service. Makes an exception to the extent that a provider of such service owns, leases, or otherwise uses a supplemental terrestrial (land-based) transmitter that is physically located in such jurisdiction. Authorizes State taxation on such service only if: (1) the place of primary use is physically located within the boundaries of the State. And (2) the law of such State authorizes the imposition of such taxes or fees. Requires the charging: (1) of such taxes or fees to be sourced (based) on the customer's place of primary use, regardless of where the services originate, terminate, or pass through. And (2) for such service to be based on the customer's residential street address or primary business address. | To preempt of local taxation with respect to satellite digital audio radio services and to provide for determining State authority for taxation of satellite digital audio radio service. | 5,249 | 923 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Satellite Radio Freedom Act". <SECTION-HEADER> DEFINITIONS. For purposes of this Act: Customer. The term "customer" means a person or entity that contracts with a provider of satellite digital audio radio service. Or if the end user of such satellite digital audio radio service is not such contracting party, the end user of such satellite digital audio radio service, but only for purposes of determining the place of primary use. But does not include a reseller of satellite digital audio radio services. Local taxing jurisdiction. The term "local taxing jurisdiction" means any municipality, city, county, township, parish, transportation district, or assessment jurisdiction, or any other local jurisdiction in the territorial jurisdiction of the United States with the authority to impose a tax or fee, but does not include a State. Place of primary use. The term "place of primary use" means the residential street address or the primary business street address representative of where the customer's use of the satellite digital audio radio service primarily occurs. Provider of satellite digital audio radio service. The term "provider of satellite digital audio radio service" means a person who transmits, broadcasts, sells, or distributes satellite digital audio radio service. Satellite digital audio radio service. The term "satellite digital audio radio service" means any radio communication service provided in the 2320-2345 MHz frequency band pursuant to a license from the Federal Communications Commission. State. The term "State" means any of the several States, the District of Columbia, or any territory or possession of the United States. Supplemental terrestrial repeater. The term "supplemental terrestrial repeater" means a complementary terrestrial transmitter used to retransmit signals received from one or more satellites used to provide satellite digital audio radio service. Tax or fee. The terms "tax" and "fee" mean any local sales tax, local use tax, local intangible tax, local income tax, business license tax, utility tax, privilege tax, gross receipts tax, excise tax, franchise fees, telecommunications tax, communications tax, or any other tax, license, or fee that is imposed for the privilege of doing business, regulating, or raising revenue for a local taxing jurisdiction, other than ad valorem property taxes. <SECTION-HEADER> PREEMPTION OF LOCAL TAXATION WITH RESPECT TO DIGITAL AUDIO RADIO SATELLITE SERVICE. Preemption. Exemption from local taxation. No tax or fee shall be imposed by a local taxing jurisdiction on the provision, purchase, or use of satellite digital audio radio service, or on a provider of satellite digital audio radio service. Exception. Subsection (a)(1) shall not apply to any tax or fee imposed by any local taxing jurisdiction on satellite digital audio radio service to the extent that a provider of satellite digital audio radio service owns, leases, or otherwise uses a supplemental terrestrial transmitter that is physically located in such jurisdiction. Preservation of State Authority. This section shall not be construed to prevent taxation of a provider of satellite digital audio radio service by a State or to prevent a local taxing jurisdiction from receiving revenue derived from a tax or fee imposed and collected by a State. <SECTION-HEADER> STATE TAXATION OF SATELLITE DIGITAL AUDIO RADIO SERVICES. Limitation. This section does not provide the authority for a State to impose a tax or fee unless all of the following circumstances exist: The place of primary use is physically located within the physical boundaries of the State. The law of such State authorizes the imposition of such taxes or fees. Charges. Sourcing for purposes of state taxes and fees. All charges for satellite digital audio radio services subject to imposition of taxes or fees by a State shall be sourced to the customer's place of primary use as defined in section 2, regardless of where the satellite digital audio radio service transmission services originate, terminate, or pass through. Sourcing for other purposes. Notwithstanding the law of any State, all charges for satellite digital audio radio service shall be sourced to the customer's applicable residential street address or the primary business street address of the customer. | Satellite Radio Freedom Act - Prohibits any tax or fee from being imposed by a local taxing jurisdiction on the provision, purchase, or use of satellite digital audio radio service or on a provider of such service. Makes an exception to the extent that a provider of such service owns, leases, or otherwise uses a supplemental terrestrial (land-based) transmitter that is physically located in such jurisdiction. Authorizes State taxation on such service only if: (1) the place of primary use is physically located within the boundaries of the State. And (2) the law of such State authorizes the imposition of such taxes or fees. Requires the charging: (1) of such taxes or fees to be sourced (based) on the customer's place of primary use, regardless of where the services originate, terminate, or pass through. And (2) for such service to be based on the customer's residential street address or primary business address. | To preempt of local taxation with respect to satellite digital audio radio services and to provide for determining State authority for taxation of satellite digital audio radio service. |
110_hr6222 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Working Families Gas Tax Credit Act
of 2008''.
SEC. 2. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES
FOR NONBUSINESS PURPOSES.
(a) In General.--Subpart A of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to nonrefundable
personal credits) is amended by adding after section 25D the following
new section:
``SEC. 25E. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY
VEHICLES FOR NONBUSINESS PURPOSES.
``(a) Allowance of Credit.--In the case of an individual, there
shall be allowed as a credit against the tax imposed by this chapter
for the taxable year an amount equal to the aggregate qualified taxable
fuel expenditures made by the taxpayer during such year.
``(b) Limitation.--The credit allowed under subsection (a) for a
taxable year shall not exceed $500 ($1,000 in the case of a joint
return).
``(c) Qualified Taxable Fuel Expenditures.--For purposes of this
section--
``(1) In general.--The term `qualified taxable fuel
expenditures' means amounts paid for a taxable fuel (as defined
by section 4083(a) (without regard to paragraph (1)(C) thereof)
for a nonbusiness use in a highway vehicle.
``(2) Exception.--Such term does not include amounts paid
for any fuel with respect to which a credit is allowed under
section 34 or a refund allowed under section 6420, 6421, or
6427.
``(d) Limitation Based on Modified Adjusted Gross Income.--The
amount which would (but for this subsection) be taken into account
under subsection (a) for the taxable year shall be reduced (but not
below zero) by 5 percent of so much of the taxpayer's adjusted gross
income as exceeds $75,000 ($150,000 in the case of a joint return).
``(e) Rate of Increase in Price of a Gallon of Gasoline Must Exceed
Rate of Inflation by Not Less Than 300 Percent.--
``(1) General rule.--Subsection (a) shall not apply for any
taxable year unless the Secretary determines that the
percentage change in the price of a gallon of gasoline for the
taxable year is not less than 300 percent of the change in the
inflation rate for such taxable year.
``(2) Percentage change in the price of a gallon of
gasoline.--For purposes of paragraph (1), the percentage change
in the price of a gallon of gasoline for a taxable year is the
percentage (if any) by which--
``(A) the average price of a gallon of gasoline as
of the close of the taxable year, exceeds
``(B) the average price of a gallon gasoline as of
the beginning of the taxable year.
``(3) Inflation rate.--For purposes of paragraph (1), the
inflation rate for the determination period is the percentage
(if any) by which--
``(A) the average of the Consumer Price Index as of
the close of the taxable year, exceeds
``(B) the average of the Consumer Price Index as of
the beginning of the taxable year.
``(4) Price of a gallon of gasoline.--For purposes of this
subsection, the price of a gallon of gasoline shall be as
determined under the U.S. Regular All Formulations Retail
Gasoline Prices by the Energy Information Administration of the
Department of Energy.
``(5) Consumer price index.--For the purposes of this
subsection, the term `Consumer Price Index' means the last
Consumer Price Index for all-urban consumers published by the
Department of Labor. For purposes of the preceding sentence,
the revision of the Consumer Price Index which is most
consistent with the Consumer Price Index for calendar year 1986
shall be used.
``(f) Adjustments for Inflation.--In the case of a taxable year
beginning after December 31, 2008, each of the dollar amounts in
subsection (b) and (d) shall be increased by an amount equal to--
``(1) such dollar amount, multiplied by
``(2) the cost-of-living adjustment determined under
section 1(f)(3) for the calendar year in which the taxable year
begins, determined by substituting `calendar year 2007' for
`calendar year 1992' in subparagraph (B) thereof. If any amount
as increased under the preceding sentence is not a multiple of
$50, such amount shall be rounded to the nearest multiple of
$50.
If, in the case of any amount in subsection (b) as increased under the
preceding sentence, is not a multiple of $10, such amount shall be
rounded to the nearest multiple of $10, and if, in the case of any
amount in subsection (d) as increased under the preceding sentence, is
not a multiple of $100, such amount shall be rounded to the nearest
multiple of $100.
``(g) Guidance.--Not later than January 31 of each year, the
Secretary shall promulgate such guidance as may be necessary or
appropriate to carry out the provisions of this section with respect to
the preceding taxable year.''.
(b) Clerical Amendment.--The table of sections for subpart A of
such part IV is amended by inserting after the item relating to section
25D the following new item:
``Sec. 25E. Credit for gasoline and diesel fuel used in highway
vehicles for nonbusiness purposes.''.
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2007. | Working Families Gas Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for up to $500 of the cost of gasoline and diesel used in highway vehicles for a nonbusiness purpose when the increase in the price of a gallon of gasoline exceeds the annual inflation rate by not less than 300. Phases out the amount of such credit for taxpayers with adjusted gross incomes exceeding $75,000 . | To amend the Internal Revenue Code of 1986 to allow a nonrefundable credit against income tax liability for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes. | 5,719 | 411 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Working Families Gas Tax Credit Act of 2008". <SECTION-HEADER> CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES FOR NONBUSINESS PURPOSES. In General. Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after section 25D the following new section: "Section 25E. CREDIT FOR GASOLINE AND DIESEL FUEL USED IN HIGHWAY VEHICLES FOR NONBUSINESS PURPOSES. Allowance of Credit. In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the aggregate qualified taxable fuel expenditures made by the taxpayer during such year. Limitation. The credit allowed under subsection (a) for a taxable year shall not exceed $500 . Qualified Taxable Fuel Expenditures. For purposes of this section In general. The term `qualified taxable fuel expenditures' means amounts paid for a taxable fuel (as defined by section 4083(a) (without regard to paragraph (1) for a nonbusiness use in a highway vehicle. Exception. Such term does not include amounts paid for any fuel with respect to which a credit is allowed under section 34 or a refund allowed under section 6420, 6421, or 6427. Limitation Based on Modified Adjusted Gross Income. The amount which would be taken into account under subsection (a) for the taxable year shall be reduced by 5 percent of so much of the taxpayer's adjusted gross income as exceeds $75,000 . Rate of Increase in Price of a Gallon of Gasoline Must Exceed Rate of Inflation by Not Less Than 300 Percent. General rule. Subsection (a) shall not apply for any taxable year unless the Secretary determines that the percentage change in the price of a gallon of gasoline for the taxable year is not less than 300 percent of the change in the inflation rate for such taxable year. Percentage change in the price of a gallon of gasoline. For purposes of paragraph (1), the percentage change in the price of a gallon of gasoline for a taxable year is the percentage by which the average price of a gallon of gasoline as of the close of the taxable year, exceeds the average price of a gallon gasoline as of the beginning of the taxable year. Inflation rate. For purposes of paragraph (1), the inflation rate for the determination period is the percentage by which the average of the Consumer Price Index as of the close of the taxable year, exceeds the average of the Consumer Price Index as of the beginning of the taxable year. Price of a gallon of gasoline. For purposes of this subsection, the price of a gallon of gasoline shall be as determined under the US Regular All Formulations Retail Gasoline Prices by the Energy Information Administration of the Department of Energy. Consumer price index. For the purposes of this subsection, the term `Consumer Price Index' means the last Consumer Price Index for all-urban consumers published by the Department of Labor. For purposes of the preceding sentence, the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1986 shall be used. Adjustments for Inflation. In the case of a taxable year beginning after December 31, 2008, each of the dollar amounts in subsection (b) and (d) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2007' for `calendar year 1992' in subparagraph (B) thereof. If any amount as increased under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. If, in the case of any amount in subsection (b) as increased under the preceding sentence, is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10, and if, in the case of any amount in subsection (d) as increased under the preceding sentence, is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100. Guidance. Not later than January 31 of each year, the Secretary shall promulgate such guidance as may be necessary or appropriate to carry out the provisions of this section with respect to the preceding taxable year.". Clerical Amendment. The table of sections for subpart A of such part IV is amended by inserting after the item relating to section 25D the following new item: "Section 25E. Credit for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes.". Effective Date. The amendments made by this section shall apply to taxable years beginning after December 31, 2007. | Working Families Gas Tax Credit Act of 2008 - Amends the Internal Revenue Code to allow a tax credit for up to $500 of the cost of gasoline and diesel used in highway vehicles for a nonbusiness purpose when the increase in the price of a gallon of gasoline exceeds the annual inflation rate by not less than 300. Phases out the amount of such credit for taxpayers with adjusted gross incomes exceeding $75,000 . | To amend the Internal Revenue Code of 1986 to allow a nonrefundable credit against income tax liability for gasoline and diesel fuel used in highway vehicles for nonbusiness purposes. |
105_hr2252 | SECTION 1. NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS
INVESTMENTS.
(a) In General.--Part III of subchapter O of chapter 1 of the
Internal Revenue Code of 1986 (relating to common nontaxable exchanges)
is amended by adding at the end the following new section:
``SEC. 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS.
``(a) Nonrecognition of Gain.--In the case of the sale of any
capital asset with respect to which the taxpayer elects the application
of this section, gain from such sale shall be recognized only to the
extent that the amount realized on such sale exceeds--
``(1) the cost of any eligible small business investment
purchased by the taxpayer during the 12-month period beginning
on the date of such sale, reduced by
``(2) any portion of such cost previously taken into
account under this section.
``(b) Definitions and Special Rules.--For purposes of this
section--
``(1) Capital asset.--The term `capital asset' has the
meaning given such term by section 1221 (determined without
regard to paragraph (2) of such section), except that such term
shall include gain derived from the bulk sale of inventory not
in the ordinary course of a trade or business.
``(2) Investment property.--The term `investment property'
means property that has the capacity to produce gross income
from--
``(A) interest, annuities, or royalties, not
derived in the ordinary course of a trade or business,
or
``(B) dividends.
Such term shall not include expansion shares.
``(3) Purchase.--The term `purchase' has the meaning given
such term by section 1043(b)(4).
``(4) Eligible small business investment.--Except as
otherwise provided in this section, the term `eligible small
business investment' means any stock in a domestic corporation,
and any partnership interest in a domestic partnership, if--
``(A) as of the date of issuance of such stock or
partnership interest, such corporation or partnership
is a qualified small business entity, and
``(B) such stock or partnership interest is
acquired by the taxpayer at its original issue
(directly or through an underwriter) in exchange for
money or other property (not including stock).
A rule similar to the rule of section 1202(c)(3) shall apply
for purposes of this section.
``(5) Qualified small business entity.--
``(A) In general.--The term `qualified small
business entity' means any domestic corporation or
partnership if--
``(i) for the taxable year of such entity
in which the stock or partnership interest was
issued and each prior taxable year, such entity
(and any predecessor thereof) had gross
receipts of less than $5,000,000,
``(ii) the primary activity of such entity
(and any predecessor thereof) for the taxable
year of such issuance and each prior taxable
year was an activity listed in the Standard
Industrial Classification Manual, 1987 (SIC),
as published by the Office of Management and
Budget, Executive Office of the President, as
being--
``(I) agriculture, forestry or
fishing (Division A),
``(II) mining (Division B),
``(III) construction (Division C),
``(IV) manufacturing (Division D),
``(V) transportation,
communications, electric, gas or
sanitary service (Division E),
``(VI) wholesale trade (Division
F),
``(VII) retail trade (Division (G),
``(VIII) personal services (Major
Group 72, Division I),
``(IX) business services (Major
Group 73, Division I),
``(X) automotive repair, services
or parking (Major Group 75, Division
I),
``(XI) miscellaneous repair
services (Major Group 76, Division I),
or
``(XII) engineering, accounting,
research, management or related
services (Major Group 87, Division I),
``(iii) such entity generates income from
investment property only as an incidental
effect of the management of a working capital
pool aggregated and directed toward investing
in any qualified small business entity, and
``(iv) the majority of full-time employees
employed by such entity and the largest
percentage, by dollar value, of independent
contractors under contract to such entity are
located in the United States.
For purposes of clause (iii), ownership interests in
entities controlled by such entity or directly involved
in the primary activity referred to in clause (ii) with
respect to such entity do not constitute investment
property, and the Secretary may further define by
regulation what constitutes an incidental holding of
investment property.
``(B) Aggregation rules.--All persons treated as a
single employer under subsection (a) or (b) of section
52 shall be treated as one person for purposes of
subparagraph (A).
``(C) Special rules for determining gross
receipts.--The rules of subparagraphs (B) and (C) of
section 448(c)(3) shall apply for purposes of
subparagraph (A)(i).
``(c) Inapplicability to Certain Gain.--Subsection (a) shall not
apply to any of the following types of gain:
``(1) Gain from the sale or other disposition of property
received in lieu of salary, wages, or other compensation for
services performed by the taxpayer, to the extent of the fair
market value of the property at the time of receipt by the
taxpayer.
``(2) Gain from the sale of property that is not held for
the production of income.
``(3) Gain from investment property.
``(4) Gain that is treated or characterized as ordinary
income for purposes of this title.
``(5) Gain, to the extent the gain is not recognized under
section 1044 or 1202, notwithstanding that the gain is derived
from the sale of expansion shares.
``(d) Certain Other Rules To Apply.--Rules similar to the rules of
subsections (f), (g), (h), and (j) of section 1202 (without regard to
any 5-year holding period requirement) shall apply for purposes of this
section.
``(e) Prohibition of Basis Adjustments.--If gain from any sale is
not recognized by reason of subsection (a), such gain shall not be
applied to reduce the basis for determining gain or loss of any
eligible small business investment which is purchased by the taxpayer
during the 12-month period described in subsection (a).
``(f) Statute of Limitations.--If any gain is realized by the
taxpayer on the sale or exchange of any eligible small business
investment and there is in effect an election under subsection (a) with
respect to such gain, then--
``(1) the statutory period for the assessment of any
deficiency with respect to such gain shall not expire before
the expiration of 3 years from the date the Secretary is
notified by the taxpayer (in such manner as the Secretary may
by regulations prescribe) of--
``(A) the taxpayer's cost of purchasing the
eligible small business investment which the taxpayer
claims results in nonrecognition of any part of such
gain,
``(B) the taxpayer's intention not to purchase any
eligible small business investment within the 12-month
period described in subsection (a), or
``(C) a failure to make such purchase within such
12-month period, and
``(2) such deficiency may be assessed before the expiration
of such 3-year period notwithstanding the provisions of any
other law or rule of law which would otherwise prevent such
assessment.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be appropriate to carry out the purposes of this section,
including regulations to prevent the avoidance of the purposes of this
section through splitups, shell corporations, partnerships, or
otherwise.
``(h) Termination.--Subsection (a) shall not apply to any taxable
year beginning on or after January 1, 2004.''
(b) Report by Secretary.--Not later than December 31, 2001, the
Secretary of the Treasury shall submit to each House of the Congress a
report detailing the effects of section 1045 of such Code, as added by
this Act.
(c) Clerical Amendment.--The table of sections for part III of
subchapter O of chapter 1 of such Code is amended by adding at the end
the following new item:
``Sec. 1045. Rollover of gain to small
business investments.''
(d) Effective Date.--The amendments made by this section shall
apply to investments purchased after the date of the date of the
enactment of this Act, for taxable years ending after such date. | Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock. | To amend the Internal Revenue Code to provide that capital gains not be recognized if invested in certain small businesses. | 10,745 | 162 | <SECTION-HEADER> NONRECOGNITION OF GAIN WHERE ROLLOVER TO SMALL BUSINESS INVESTMENTS. In General. Part III of subchapter O of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: "Section 1045. ROLLOVER OF GAIN TO SMALL BUSINESS INVESTMENTS. Nonrecognition of Gain. In the case of the sale of any capital asset with respect to which the taxpayer elects the application of this section, gain from such sale shall be recognized only to the extent that the amount realized on such sale exceeds the cost of any eligible small business investment purchased by the taxpayer during the 12-month period beginning on the date of such sale, reduced by any portion of such cost previously taken into account under this section. Definitions and Special Rules. For purposes of this section Capital asset. The term `capital asset' has the meaning given such term by section 1221 (determined without regard to paragraph , except that such term shall include gain derived from the bulk sale of inventory not in the ordinary course of a trade or business. Investment property. The term `investment property' means property that has the capacity to produce gross income from interest, annuities, or royalties, not derived in the ordinary course of a trade or business, or dividends. Such term shall not include expansion shares. Purchase. The term `purchase' has the meaning given such term by section 1043(b)(4). Eligible small business investment. Except as otherwise provided in this section, the term `eligible small business investment' means any stock in a domestic corporation, and any partnership interest in a domestic partnership, if as of the date of issuance of such stock or partnership interest, such corporation or partnership is a qualified small business entity, and such stock or partnership interest is acquired by the taxpayer at its original issue in exchange for money or other property . A rule similar to the rule of section 1202(c)(3) shall apply for purposes of this section. Qualified small business entity. In general. The term `qualified small business entity' means any domestic corporation or partnership if for the taxable year of such entity in which the stock or partnership interest was issued and each prior taxable year, such entity had gross receipts of less than $5,000,000, the primary activity of such entity for the taxable year of such issuance and each prior taxable year was an activity listed in the Standard Industrial Classification Manual, 1987 (SIC), as published by the Office of Management and Budget, Executive Office of the President, as being agriculture, forestry or fishing , mining , construction , manufacturing , transportation, communications, electric, gas or sanitary service , wholesale trade , retail trade (Division (G), personal services , business services , automotive repair, services or parking , miscellaneous repair services , or engineering, accounting, research, management or related services , such entity generates income from investment property only as an incidental effect of the management of a working capital pool aggregated and directed toward investing in any qualified small business entity, and the majority of full-time employees employed by such entity and the largest percentage, by dollar value, of independent contractors under contract to such entity are located in the United States. For purposes of clause (iii), ownership interests in entities controlled by such entity or directly involved in the primary activity referred to in clause (ii) with respect to such entity do not constitute investment property, and the Secretary may further define by regulation what constitutes an incidental holding of investment property. Aggregation rules. All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subparagraph (A). Special rules for determining gross receipts. The rules of subparagraphs (B) and (C) of section 448(c)(3) shall apply for purposes of subparagraph (A)(i). Inapplicability to Certain Gain. Subsection (a) shall not apply to any of the following types of gain: Gain from the sale or other disposition of property received in lieu of salary, wages, or other compensation for services performed by the taxpayer, to the extent of the fair market value of the property at the time of receipt by the taxpayer. Gain from the sale of property that is not held for the production of income. Gain from investment property. Gain that is treated or characterized as ordinary income for purposes of this title. Gain, to the extent the gain is not recognized under section 1044 or 1202, notwithstanding that the gain is derived from the sale of expansion shares. Certain Other Rules To Apply. Rules similar to the rules of subsections (f), (g), (h), and (j) of section 1202 shall apply for purposes of this section. Prohibition of Basis Adjustments. If gain from any sale is not recognized by reason of subsection (a), such gain shall not be applied to reduce the basis for determining gain or loss of any eligible small business investment which is purchased by the taxpayer during the 12-month period described in subsection (a). Statute of Limitations. If any gain is realized by the taxpayer on the sale or exchange of any eligible small business investment and there is in effect an election under subsection (a) with respect to such gain, then the statutory period for the assessment of any deficiency with respect to such gain shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer of the taxpayer's cost of purchasing the eligible small business investment which the taxpayer claims results in nonrecognition of any part of such gain, the taxpayer's intention not to purchase any eligible small business investment within the 12-month period described in subsection (a), or a failure to make such purchase within such 12-month period, and such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. Regulations. The Secretary shall prescribe such regulations as may be appropriate to carry out the purposes of this section, including regulations to prevent the avoidance of the purposes of this section through splitups, shell corporations, partnerships, or otherwise. Termination. Subsection (a) shall not apply to any taxable year beginning on or after January 1, 2004." Report by Secretary. Not later than December 31, 2001, the Secretary of the Treasury shall submit to each House of the Congress a report detailing the effects of section 1045 of such Code, as added by this Act. Clerical Amendment. The table of sections for part III of subchapter O of chapter 1 of such Code is amended by adding at the end the following new item: "Section 1045. Rollover of gain to small business investments." Effective Date. The amendments made by this section shall apply to investments purchased after the date of the date of the enactment of this Act, for taxable years ending after such date. | Amends the Internal Revenue Code to provide (temporarily) for the nontaxable rollover of gain from qualified small business stock to another small business stock. | To amend the Internal Revenue Code to provide that capital gains not be recognized if invested in certain small businesses. |
104_hr4014 | SECTION 1. PRESIDENTIAL CERTIFICATIONS.
(a) Certifications Regarding Environmental Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on
Environmental Cooperation--
(A) to ensure that the regulations of that country
establish and enforce levels of environmental
protection that meet the requirements of its
constitution and other laws setting forth the country's
policy on environmental protection; and
(B) to effectively enforce the laws referred to in
paragraph (1).
(2) Basis of certification.--The Administrator of the
Environmental Protection Agency shall prepare for the President
an annual report on the enforcement by each NAFTA country of
its laws governing environmental protection, and its progress
in protecting the environment in accordance with its
development. In doing so, the Administrator shall consider the
country's--
(A) air quality standards;
(B) water effluent standards; and
(C) hazardous waste disposal standards.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
(b) Certifications Regarding Labor Agreement.--
(1) Annual certifications.--The President shall, on the
basis of the reports prepared under paragraph (2), submit to
the Congress, not later than May 31 of each year, a report that
certifies whether or not each NAFTA country is meeting
commitments made in the North American Agreement on Labor
Cooperation to comply with the objectives of that Agreement to
promote and improve laws protecting worker rights and to
promote compliance with these laws by using appropriate methods
such as--
(A) monitoring and on-site inspection by trained;
(B) encouragement of voluntary compliance by
employers;
(C) mandatory reporting by employers to appropriate
governmental authorities; and
(E) enforcement actions.
(2) Basis of certification.--The Secretary of Labor shall
prepare for the President an annual report on the enforcement
by each NAFTA country of its laws protecting worker rights. In
doing so, the Secretary shall consider the country's
enforcement of such laws in accordance with the following labor
principles (as stated in the Preamble of the North American
Agreement on Labor Cooperation):
(A) Freedom of association.
(B) The right to bargain collectively.
(C) The right to strike.
(D) Prohibition on forced labor.
(E) Restrictions on labor by children and young
people.
(F) Minimum employment standards.
(G) Elimination of employment discrimination.
(H) Equal pay for men and women.
(I) Prevention of occupational accidents and
diseases.
(J) Compensation in cases of work accidents and
occupational diseases.
Each report under this paragraph shall be transmitted to the
President not later than 30 days before the date on which the
President is required to submit his report under paragraph (1).
SEC. 2. DENIAL OF CERTAIN BENEFITS.
(a) In General.--In any case in which the President certifies in a
report submitted under section 1 that a NAFTA country is not meeting
commitments made in the North American Agreement on Environmental
Cooperation or the North American Agreement on Labor Cooperation, then
the following shall apply, beginning 30 days after the report is
submitted, until the next report is submitted under section 1:
(1) Denial of united states assistance.--That country may
not receive any United States assistance (other than
humanitarian assistance), including any loans or other
extensions of credit or credit guarantees by the United States.
(2) Opposition to assistance by international financial
institutions.--The President shall direct the United States
Representative to each international financial institution to
use the voice and vote of the United States to oppose any loan
or other extension of credit to that country.
(3) Imposition of tariffs.--The President may impose on
products of that country, notwithstanding any other provision
of law, tariffs, in addition to those that would otherwise
apply, on products in those sectors of the economy directly
related to the failure of the country to meet the commitments
made in the applicable agreement.
(b) Waiver.--The President may waive the application of any
provision of subsection (a) with respect to a country if the President
determines that it is in the national security interests of the United
States to do so and the President submits that determination, and the
rationale for the determination, to the Congress at least 30 days
before the waiver would take effect.
SEC. 3. DEFINITIONS.
As used in this Act:
(1) International financial institution.--The term
``international financial institution'' has the meaning given
that term in section 1701(c)(2) of the International Financial
Institutions Act (22 U.S.C. 262r(c)(2)).
(2) Nafta country.--The term ``NAFTA country'' has the
meaning given that term in section 2(4) of the North American
Free Trade Agreement Implementation Act (19 U.S.C. 3301(4)).
(3) North american agreement on environmental
cooperation.--The term ``North American Agreement on
Environmental Cooperation'' has the meaning given that term in
section 532(b)(2) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3472(b)(2)).
(4) North american agreement on labor cooperation.--The
term ``North American Agreement on Labor Cooperation'' has the
meaning given that term in section 531(b)(2) of the North
American Free Trade Agreement Implementation Act (19 U.S.C.
3471(b)(2)).
(5) United states assistance.--The term ``United States
assistance'' means any program of assistance or credits
provided by the United States to other countries under any
provision of law. | Directs the President to certify annually to the Congress whether or not each North American Free Trade Agreement (NAFTA) country is meeting its commitments under the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation . Establishes certain economic and trade sanctions for countries that receive a negative certification. Authorizes the President to waive the requirements of this Act if it is in the US national security interest. | To require the President to certify whether the commitments made in the side agreements on the environment and on labor to the North American Free Trade Agreement are being met, and to remove certain benefits from a country that is certified as not meeting those commitments. | 7,183 | 488 | <SECTION-HEADER> PRESIDENTIAL CERTIFICATIONS. Certifications Regarding Environmental Agreement. Annual certifications. The President shall, on the basis of the reports prepared under paragraph (2), submit to the Congress, not later than May 31 of each year, a report that certifies whether or not each NAFTA country is meeting commitments made in the North American Agreement on Environmental Cooperation to ensure that the regulations of that country establish and enforce levels of environmental protection that meet the requirements of its constitution and other laws setting forth the country's policy on environmental protection. And to effectively enforce the laws referred to in paragraph (1). Basis of certification. The Administrator of the Environmental Protection Agency shall prepare for the President an annual report on the enforcement by each NAFTA country of its laws governing environmental protection, and its progress in protecting the environment in accordance with its development. In doing so, the Administrator shall consider the country's air quality standards, water effluent standards. And hazardous waste disposal standards. Each report under this paragraph shall be transmitted to the President not later than 30 days before the date on which the President is required to submit his report under paragraph (1). Certifications Regarding Labor Agreement. Annual certifications. The President shall, on the basis of the reports prepared under paragraph (2), submit to the Congress, not later than May 31 of each year, a report that certifies whether or not each NAFTA country is meeting commitments made in the North American Agreement on Labor Cooperation to comply with the objectives of that Agreement to promote and improve laws protecting worker rights and to promote compliance with these laws by using appropriate methods such as monitoring and on-site inspection by trained, encouragement of voluntary compliance by employers, mandatory reporting by employers to appropriate governmental authorities. And enforcement actions. Basis of certification. The Secretary of Labor shall prepare for the President an annual report on the enforcement by each NAFTA country of its laws protecting worker rights. In doing so, the Secretary shall consider the country's enforcement of such laws in accordance with the following labor principles : Freedom of association. The right to bargain collectively. The right to strike. Prohibition on forced labor. Restrictions on labor by children and young people. Minimum employment standards. Elimination of employment discrimination. Equal pay for men and women. Prevention of occupational accidents and diseases. Compensation in cases of work accidents and occupational diseases. Each report under this paragraph shall be transmitted to the President not later than 30 days before the date on which the President is required to submit his report under paragraph (1). <SECTION-HEADER> DENIAL OF CERTAIN BENEFITS. In General. In any case in which the President certifies in a report submitted under section 1 that a NAFTA country is not meeting commitments made in the North American Agreement on Environmental Cooperation or the North American Agreement on Labor Cooperation, then the following shall apply, beginning 30 days after the report is submitted, until the next report is submitted under section 1: Denial of united states assistance. That country may not receive any United States assistance , including any loans or other extensions of credit or credit guarantees by the United States. Opposition to assistance by international financial institutions. The President shall direct the United States Representative to each international financial institution to use the voice and vote of the United States to oppose any loan or other extension of credit to that country. Imposition of tariffs. The President may impose on products of that country, notwithstanding any other provision of law, tariffs, in addition to those that would otherwise apply, on products in those sectors of the economy directly related to the failure of the country to meet the commitments made in the applicable agreement. Waiver. The President may waive the application of any provision of subsection (a) with respect to a country if the President determines that it is in the national security interests of the United States to do so and the President submits that determination, and the rationale for the determination, to the Congress at least 30 days before the waiver would take effect. <SECTION-HEADER> DEFINITIONS. As used in this Act: International financial institution. The term "international financial institution" has the meaning given that term in section 1701(c)(2) of the International Financial Institutions Act (22 USC. 262r(c)(2)). Nafta country. The term "NAFTA country" has the meaning given that term in section 2(4) of the North American Free Trade Agreement Implementation Act (19 USC. 3301(4)). North american agreement on environmental cooperation. The term "North American Agreement on Environmental Cooperation" has the meaning given that term in section 532(b)(2) of the North American Free Trade Agreement Implementation Act (19 USC. 3472(b)(2)). North american agreement on labor cooperation. The term "North American Agreement on Labor Cooperation" has the meaning given that term in section 531(b)(2) of the North American Free Trade Agreement Implementation Act (19 USC. 3471(b)(2)). United states assistance. The term "United States assistance" means any program of assistance or credits provided by the United States to other countries under any provision of law. | Directs the President to certify annually to the Congress whether or not each North American Free Trade Agreement (NAFTA) country is meeting its commitments under the North American Agreement on Environmental Cooperation and the North American Agreement on Labor Cooperation . Establishes certain economic and trade sanctions for countries that receive a negative certification. Authorizes the President to waive the requirements of this Act if it is in the US national security interest. | To require the President to certify whether the commitments made in the side agreements on the environment and on labor to the North American Free Trade Agreement are being met, and to remove certain benefits from a country that is certified as not meeting those commitments. |
110_hr3684 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reciprocal Market Access Act of
2007''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) A principal negotiating objective of the United States
regarding trade barriers and other trade distortions must be to
expand competitive market opportunities for United States
exports and to obtain fairer and more open conditions of trade
by reducing or eliminating tariff and nontariff barriers and
policies and practices of foreign governments directly related
to trade that hinders market opportunities for United States
exports or otherwise distorts United States trade.
(2) One of the fundamental tenets of the World Trade
Organization (WTO) is reciprocal market access and, in fact,
this principle is underscored in the Marrakesh Agreement
Establishing the World Trade Organization which called for
``entering into reciprocal and mutually advantageous
arrangements directed to the substantial reduction of tariffs
and other barriers to trade and to the elimination of
discriminatory treatment in international trade relations''.
(3) If negotiations between the United States and a foreign
country do not provide meaningful market access for products of
United States domestic producers who have sought market access
assistance from the United States Government, then the United
States must not reduce or eliminate tariffs for products of the
foreign country, having the same physical characteristics and
uses pursuant to any trade agreement entered into between the
United States and the foreign country.
(4) With each subsequent round of bilateral, regional, and
multilateral trade negotiations, tariffs have been
significantly reduced or eliminated for many manufactured
goods, leaving nontariff barriers as the most pervasive,
significant, and challenging barriers to United States exports
and market opportunities.
(5) The United States market is widely recognized as one of
the most open markets in the world: average United States
tariff rates are very low and the United States has limited, if
any, nontariff barriers.
(6) Consequently, the leverage the United States has to
obtain removal of nontariff barriers of foreign countries is
often tariffs on imports from foreign countries into the United
States.
(7) Under the current negotiating process, negotiations to
reduce or eliminate tariff barriers and nontariff barriers are
separate and self-contained, meaning that tradeoffs are tariff-
for-tariff and nontariff-for-nontariff. As a result, a tariff
can be reduced or eliminated without securing elimination of
the real barrier or barriers that deny United States industry
access to a foreign market.
(8) The United States should not engage in trade
negotiations in such a compartmentalized manner thereby
effectively and unilaterally disarming itself by leveraging its
limited tariff barriers without securing elimination of
nontariff barriers of foreign countries and ensuring that new
barriers are not created or discovered.
(9) The United States should seek to ensure market access
results are obtained before reducing or eliminating domestic
tariffs. Specifically, the United States Trade Representative
should seek to ensure market access for products of United
States domestic producers who have sought market access
assistance from the United States Government and have provided
a reasonable indication of the denial of meaningful market
access.
(b) Purpose.--The purpose of this Act is to ensure that United
States trade negotiations achieve real and meaningful results for
United States industry by ensuring that trade agreements result in
meaningful market access for the exports of United States domestic
producers and not just the elimination of tariffs on imports into the
United States.
SEC. 3. LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY
PURSUANT TO CERTAIN TRADE AGREEMENTS.
(a) Limitation.--Notwithstanding any other provision of the law,
the President may not agree to a modification of any existing duty that
would reduce or eliminate the bound or applied rate of such duty on any
product in order to carry out any trade agreement entered into between
the United States and a foreign country on or after the date of the
enactment of this Act until the President transmits to Congress a
certification described in subsection (b).
(b) Certification.--A certification referred to in subsection (a)
is a certification of the President that--
(1) the United States has obtained the reduction or
elimination of tariff and nontariff barriers and policies and
practices of the government of the foreign country described in
subsection (a) with respect to United States exports of any
product identified by United States domestic producers that has
the same physical characteristics and uses as the product for
which a modification of any existing duty is sought by the
President to carry out the trade agreement described in
subsection (a); and
(2) a violation of any provision of the trade agreement
described in subsection (a) relating to the matters described
in paragraph (1) is immediately enforceable in accordance with
the provisions of section 4.
SEC. 4. ENFORCEMENT PROVISIONS.
(a) Withdrawal of Tariff Concessions.--If the United States Trade
Representative determines pursuant to subsection (c) that any tariff or
nontariff barrier or policy or practice of the government of a foreign
country described in section 3(a) has not been reduced or eliminated,
or that a tariff or nontariff barrier or policy or practice of such
government has been imposed or discovered, with respect to United
States exports of any product identified by United States domestic
producers that has the same physical characteristics and uses as the
product for which a modification of any existing duty has been sought
by the President to carry out the trade agreement described in section
3(a), then, notwithstanding any other provision of law, the
modification of the existing duty shall be withdrawn until such time as
the United States Trade Representative submits to Congress a
certification that the United States has obtained the reduction or
elimination of the tariff or nontariff barrier or policy or practice of
such government.
(b) Investigation.--
(1) In general.--An investigation shall be initiated by the
United States Trade Representative whenever an interested party
files a petition with the United States Trade Representative
which alleges the elements necessary for the withdrawal of the
modification of an existing duty under subsection (a), and
which is accompanied by information reasonably available to the
petitioner supporting such allegations.
(2) Interested party defined.--For purposes of paragraph
(1), the term ``interested party'' means--
(A) a manufacturer, producer, or wholesaler in the
United States of a domestic product with the same
physical characteristics and uses as the product for
which a modification of any existing duty has been
sought;
(B) a certified union or recognized union or group
of workers engaged in the manufacture, production, or
wholesale in the United States of a domestic product
that has the same physical characteristics and uses as
the product for which a modification of any existing
duty has been sought;
(C) a trade or business association a majority of
whose members manufacture, produce, or wholesale in the
United States a domestic product that has the same
physical characteristics and uses as the product for
which a modification of any existing duty has been
sought; and
(D) a member of the Committee on Ways and Means of
the House of Representatives or a member of the
Committee on Finance of the Senate.
(c) Determination by USTR.--Not later than 45 days after the date
on which a petition is filed under subsection (b), the United States
Trade Representative shall--
(1) determine whether the petition alleges the elements
necessary for the withdrawal of the modification of an existing
duty under subsection (a); and
(2) notify the petitioner of the determination under
paragraph (1) and the reasons for the determination. | Reciprocal Market Access Act of 2007 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out any trade agreement entered into between the United States and a foreign country until the President certifies to Congress that: (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of such foreign country with respect to US exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty. And (2) any violation of the trade agreement is immediately enforceable by withdrawal of the modification of the existing duty on such foreign product until the United States Trade Representative (USTR) certifies to Congress that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such foreign government. | To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, regional, and multilateral trade agreements. | 9,364 | 993 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "Reciprocal Market Access Act of 2007". <SECTION-HEADER> FINDINGS AND PURPOSE. Findings. Congress finds the following: A principal negotiating objective of the United States regarding trade barriers and other trade distortions must be to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that hinders market opportunities for United States exports or otherwise distorts United States trade. One of the fundamental tenets of the World Trade Organization (WTO) is reciprocal market access and, in fact, this principle is underscored in the Marrakesh Agreement Establishing the World Trade Organization which called for "entering into reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade and to the elimination of discriminatory treatment in international trade relations". If negotiations between the United States and a foreign country do not provide meaningful market access for products of United States domestic producers who have sought market access assistance from the United States Government, then the United States must not reduce or eliminate tariffs for products of the foreign country, having the same physical characteristics and uses pursuant to any trade agreement entered into between the United States and the foreign country. With each subsequent round of bilateral, regional, and multilateral trade negotiations, tariffs have been significantly reduced or eliminated for many manufactured goods, leaving nontariff barriers as the most pervasive, significant, and challenging barriers to United States exports and market opportunities. The United States market is widely recognized as one of the most open markets in the world: average United States tariff rates are very low and the United States has limited, if any, nontariff barriers. Consequently, the leverage the United States has to obtain removal of nontariff barriers of foreign countries is often tariffs on imports from foreign countries into the United States. Under the current negotiating process, negotiations to reduce or eliminate tariff barriers and nontariff barriers are separate and self-contained, meaning that tradeoffs are tariff- for-tariff and nontariff-for-nontariff. As a result, a tariff can be reduced or eliminated without securing elimination of the real barrier or barriers that deny United States industry access to a foreign market. The United States should not engage in trade negotiations in such a compartmentalized manner thereby effectively and unilaterally disarming itself by leveraging its limited tariff barriers without securing elimination of nontariff barriers of foreign countries and ensuring that new barriers are not created or discovered. The United States should seek to ensure market access results are obtained before reducing or eliminating domestic tariffs. Specifically, the United States Trade Representative should seek to ensure market access for products of United States domestic producers who have sought market access assistance from the United States Government and have provided a reasonable indication of the denial of meaningful market access. Purpose. The purpose of this Act is to ensure that United States trade negotiations achieve real and meaningful results for United States industry by ensuring that trade agreements result in meaningful market access for the exports of United States domestic producers and not just the elimination of tariffs on imports into the United States. <SECTION-HEADER> LIMITATION ON AUTHORITY TO REDUCE OR ELIMINATE RATES OF DUTY PURSUANT TO CERTAIN TRADE AGREEMENTS. Limitation. Notwithstanding any other provision of the law, the President may not agree to a modification of any existing duty that would reduce or eliminate the bound or applied rate of such duty on any product in order to carry out any trade agreement entered into between the United States and a foreign country on or after the date of the enactment of this Act until the President transmits to Congress a certification described in subsection (b). Certification. A certification referred to in subsection (a) is a certification of the President that the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of the government of the foreign country described in subsection (a) with respect to United States exports of any product identified by United States domestic producers that has the same physical characteristics and uses as the product for which a modification of any existing duty is sought by the President to carry out the trade agreement described in subsection (a). And a violation of any provision of the trade agreement described in subsection (a) relating to the matters described in paragraph (1) is immediately enforceable in accordance with the provisions of section 4. <SECTION-HEADER> ENFORCEMENT PROVISIONS. Withdrawal of Tariff Concessions. If the United States Trade Representative determines pursuant to subsection (c) that any tariff or nontariff barrier or policy or practice of the government of a foreign country described in section 3(a) has not been reduced or eliminated, or that a tariff or nontariff barrier or policy or practice of such government has been imposed or discovered, with respect to United States exports of any product identified by United States domestic producers that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought by the President to carry out the trade agreement described in section 3(a), then, notwithstanding any other provision of law, the modification of the existing duty shall be withdrawn until such time as the United States Trade Representative submits to Congress a certification that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such government. Investigation. In general. An investigation shall be initiated by the United States Trade Representative whenever an interested party files a petition with the United States Trade Representative which alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a), and which is accompanied by information reasonably available to the petitioner supporting such allegations. Interested party defined. For purposes of paragraph , the term "interested party" means a manufacturer, producer, or wholesaler in the United States of a domestic product with the same physical characteristics and uses as the product for which a modification of any existing duty has been sought. A certified union or recognized union or group of workers engaged in the manufacture, production, or wholesale in the United States of a domestic product that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought. A trade or business association a majority of whose members manufacture, produce, or wholesale in the United States a domestic product that has the same physical characteristics and uses as the product for which a modification of any existing duty has been sought. And a member of the Committee on Ways and Means of the House of Representatives or a member of the Committee on Finance of the Senate. Determination by USTR. Not later than 45 days after the date on which a petition is filed under subsection (b), the United States Trade Representative shall determine whether the petition alleges the elements necessary for the withdrawal of the modification of an existing duty under subsection (a). And notify the petitioner of the determination under paragraph (1) and the reasons for the determination. | Reciprocal Market Access Act of 2007 - Prohibits the President from agreeing to the reduction or elimination of the existing rate of duty on any product in order to carry out any trade agreement entered into between the United States and a foreign country until the President certifies to Congress that: (1) the United States has obtained the reduction or elimination of tariff and nontariff barriers and policies and practices of such foreign country with respect to US exports of any product that has the same physical characteristics and uses as the product for which the President seeks to modify its rate of duty. And (2) any violation of the trade agreement is immediately enforceable by withdrawal of the modification of the existing duty on such foreign product until the United States Trade Representative (USTR) certifies to Congress that the United States has obtained the reduction or elimination of the tariff or nontariff barrier or policy or practice of such foreign government. | To enhance reciprocal market access for United States domestic producers in the negotiating process of bilateral, regional, and multilateral trade agreements. |
107_s1502 | SECTION 1. SHORT TITLE.
This Act may be cited as the ``COBRA Plus Act of 2001''.
SEC. 2. REFUNDABLE HEALTH INSURANCE COSTS CREDIT.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable personal
credits) is amended by redesignating section 35 as section 36 and
inserting after section 34 the following:
``SEC. 35. HEALTH INSURANCE COSTS.
``(a) Allowance of Credit.--In the case of an eligible individual,
there shall be allowed as a credit against the tax imposed by this
subtitle for the taxable year an amount equal to the amount paid by the
taxpayer during such taxable year for qualified health insurance for
the taxpayer and the taxpayer's spouse and dependents.
``(b) Limitations.--
``(1) Maximum dollar amount.--
``(A) In general.--The amount allowed as a credit
under subsection (a) to the taxpayer for the taxable
year shall not exceed the sum of the monthly
limitations for coverage months during such taxable
year.
``(B) Monthly limitation.--The monthly limitation
for each coverage month during the taxable year is an
amount equal to the lesser of--
``(i) 50 percent of the amount paid for
qualified health insurance for such month, or
``(ii) an amount equal to \1/12\ of--
``(I) in the case of self-only
coverage, $1,320, and
``(II) in the case of family
coverage, $3,480.
``(2) 9-month limitation.--For purposes of paragraph (1),
the total number of coverage months taken into account with
respect to each qualifying event of the individual shall not
exceed 9.
``(3) Inflation adjustment.--
``(A) In general.--In the case of any taxable year
beginning after 2002, each of the dollar amounts
referred to in paragraph (1)(B) shall be increased by
an amount equal to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section (1)(f)(3) for the
calendar year in which the taxable year begins,
by substituting `2001' for `1992'.
``(B) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $50, such amount
shall be rounded to the nearest multiple of $50.
``(c) Definitions.--For purposes of this section--
``(1) Coverage month.--
``(A) In general.--The term `coverage month' means,
with respect to an individual, any month if--
``(i) as of the first day of such month
such individual is covered by qualified health
insurance, and
``(ii) the premium for coverage under such
insurance, or any portion of the premium, for
such month is paid by the taxpayer.
``(B) Exclusion of months in which individual is
eligible for coverage under certain health programs.--
Such term shall not include any month during a taxable
year with respect to an individual if, as of the first
day of such month, such individual is eligible--
``(i) for any benefits under title XVIII of
the Social Security Act,
``(ii) to participate in the program under
title XIX or XXI of such Act,
``(iii) for benefits under chapter 17 of
title 38, United States Code,
``(iv) for benefits under chapter 55 of
title 10, United States Code,
``(v) to participate in the program under
chapter 89 of title 5, United States Code, or
any similar program for State or local
government employees, or
``(vi) for benefits under any medical care
program under the Indian Health Care
Improvement Act or any other provision of law.
``(C) Exclusion of months in which individual is
imprisoned.--Such term shall not include any month with
respect to an individual if, as of the first day of
such month, such individual is imprisoned under
Federal, State, or local authority.
``(2) Eligible individual.--The term `eligible individual'
means an individual who is--
``(A) a covered employee (as defined in section
4980B(f)) of the plan sponsor of the qualified health
insurance, and
``(B) eligible for continuation coverage by reason
of a qualifying event.
``(3) Qualified health insurance.--The term `qualified
health insurance' means health insurance coverage under--
``(A) a COBRA continuation provision (as defined in
section 9832(d)(1)), or
``(B) section 8905a of title 5, United States Code.
``(4) Qualifying event.--The term `qualifying event' means
an event described in section 4980B(f)(3)(B).
``(d) Special Rules.--
``(1) Coordination with medical expense deduction.--The
amount which would (but for this paragraph) be taken into
account by the taxpayer under section 213 for the taxable year
shall be reduced by the credit (if any) allowed by this section
to the taxpayer for such year.
``(2) Coordination with advance payment.--Rules similar to
the rules of section 32(g) shall apply to any credit to which
this section applies.
``(e) Expenses Must Be Substantiated.--A payment for insurance to
which subsection (a) applies may be taken into account under this
section only if the taxpayer substantiates such payment in such form as
the Secretary may prescribe.
``(f) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.
``(g) Termination.--This section shall not apply to any amount paid
after December 31, 2003.''.
(b) Information Reporting.--
(1) In general.--Subpart B of part III of subchapter A of
chapter 61 of the Internal Revenue Code of 1986 (relating to
information concerning transactions with other persons) is
amended by inserting after section 6050S the following:
``SEC. 6050T. RETURNS RELATING TO PAYMENTS FOR QUALIFIED HEALTH
INSURANCE.
``(a) In General.--Any person who, in connection with a trade or
business conducted by such person, receives payments during any
calendar year from any individual for coverage of such individual or
any other individual under creditable health insurance, shall make the
return described in subsection (b) (at such time as the Secretary may
by regulations prescribe) with respect to each individual from whom
such payments were received.
``(b) Form and Manner of Returns.--A return is described in this
subsection if such return--
``(1) is in such form as the Secretary may prescribe, and
``(2) contains--
``(A) the name, address, and TIN of the individual
from whom payments described in subsection (a) were
received,
``(B) the name, address, and TIN of each individual
who was provided by such person with coverage under
creditable health insurance by reason of such payments
and the period of such coverage,
``(C) the aggregate amount of payments described in
subsection (a),
``(D) the qualified health insurance credit advance
amount (as defined in section 7527(e)) received by such
person with respect to the individual described in
subparagraph (A), and
``(E) such other information as the Secretary may
reasonably prescribe.
``(c) Creditable Health Insurance.--For purposes of this section,
the term `creditable health insurance' means qualified health insurance
(as defined in section 35(c)).
``(d) Statements To Be Furnished to Individuals With Respect to
Whom Information Is Required.--Every person required to make a return
under subsection (a) shall furnish to each individual whose name is
required under subsection (b)(2)(A) to be set forth in such return a
written statement showing--
``(1) the name and address of the person required to make
such return and the phone number of the information contact for
such person,
``(2) the aggregate amount of payments described in
subsection (a) received by the person required to make such
return from the individual to whom the statement is required to
be furnished,
``(3) the information required under subsection (b)(2)(B)
with respect to such payments, and
``(4) the qualified health insurance credit advance amount
(as defined in section 7527(e)) received by such person with
respect to the individual described in paragraph (2).
The written statement required under the preceding sentence shall be
furnished on or before January 31 of the year following the calendar
year for which the return under subsection (a) is required to be made.
``(e) Returns Which Would Be Required To Be Made by 2 or More
Persons.--Except to the extent provided in regulations prescribed by
the Secretary, in the case of any amount received by any person on
behalf of another person, only the person first receiving such amount
shall be required to make the return under subsection (a).''.
(2) Assessable penalties.--
(A) Subparagraph (B) of section 6724(d)(1) of such
Code (relating to definitions) is amended by
redesignating clauses (xi) through (xvii) as clauses
(xii) through (xviii), respectively, and by inserting
after clause (x) the following:
``(xi) section 6050T (relating to returns
relating to payments for qualified health
insurance),''.
(B) Paragraph (2) of section 6724(d) of such Code
is amended by striking ``or'' at the end of the next to
last subparagraph, by striking the period at the end of
the last subparagraph and inserting ``, or'', and by
adding at the end the following:
``(BB) section 6050T(d) (relating to returns
relating to payments for qualified health
insurance).''.
(3) Clerical amendment.--The table of sections for subpart
B of part III of subchapter A of chapter 61 of such Code is
amended by inserting after the item relating to section 6050S
the following:
``Sec. 6050T. Returns relating to
payments for qualified health
insurance.''.
(c) Criminal Penalty for Fraud.--Subchapter B of chapter 75 of the
Internal Revenue Code of 1986 (relating to other offenses) is amended
by adding at the end the following:
``SEC. 7276. PENALTIES FOR OFFENSES RELATING TO HEALTH INSURANCE TAX
CREDIT.
``Any person who knowingly misuses Department of the Treasury
names, symbols, titles, or initials to convey the false impression of
association with, or approval or endorsement by, the Department of the
Treasury of any insurance products or group health coverage in
connection with the credit for health insurance costs under section 35
shall on conviction thereof be fined not more than $10,000, or
imprisoned not more than 1 year, or both.''.
(d) Conforming Amendments.--
(1) Section 162(l) of the Internal Revenue Code of 1986 is
amended by adding at the end the following:
``(6) Election to have subsection apply.--No deduction
shall be allowed under paragraph (1) for a taxable year unless
the taxpayer elects to have this subsection apply for such
year.''.
(2) Paragraph (2) of section 1324(b) of title 31, United
States Code, is amended by inserting before the period ``, or
from section 35 of such Code''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by striking the last item and inserting the
following:
``Sec. 35. Health insurance costs.
``Sec. 36. Overpayments of tax.''.
(4) The table of sections for subchapter B of chapter 75 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following:
``Sec. 7276. Penalties for offenses
relating to health insurance
tax credit.''.
(e) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years
beginning after December 31, 2001.
(2) Penalties.--The amendments made by subsections (c) and
(d)(4) shall take effect on the date of the enactment of this
Act.
SEC. 3. ADVANCE PAYMENT OF CREDIT TO ISSUERS OF QUALIFIED HEALTH
INSURANCE.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following:
``SEC. 7527. ADVANCE PAYMENT OF HEALTH INSURANCE CREDIT FOR PURCHASERS
OF QUALIFIED HEALTH INSURANCE.
``(a) General Rule.--In the case of an eligible individual, the
Secretary shall make payments to the plan sponsor of the group health
plan providing, or the qualified health insurance issuer of, such
individual's qualified health insurance equal to such individual's
qualified health insurance credit advance amount with respect to such
sponsor or issuer.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means any individual--
``(1) who purchases qualified health insurance (as defined
in section 35(c)), and
``(2) for whom a qualified health insurance credit
eligibility certificate is in effect.
``(c) Definitions.--For purposes of this section--
``(1) Qualified health insurance issuer.--The term
`qualified health insurance issuer' means a health insurance
issuer described in section 9832(b)(2) (determined without
regard to the last sentence thereof) offering coverage in
connection with a group health plan.
``(2) Group health plan.--The term `group health plan' has
the meaning given such term by section 5000(b)(1) (determined
without regard to subsection (d) thereof).
``(d) Qualified Health Insurance Credit Eligibility Certificate.--
For purposes of this section, a qualified health insurance credit
eligibility certificate is a statement furnished by an individual to a
plan sponsor of a group health plan or qualified health insurance
issuer which--
``(1) certifies that the individual will be eligible to
receive the credit provided by section 35 for the taxable year,
``(2) estimates the amount of such credit for such taxable
year, and
``(3) provides such other information as the Secretary may
require for purposes of this section.
``(e) Qualified Health Insurance Credit Advance Amount.--For
purposes of this section, the term `qualified health insurance credit
advance amount' means, with respect to any plan sponsor of a group
health plan providing, or qualified health insurance issuer of,
qualified health insurance, an estimate of the amount of credit
allowable under section 35 to the individual for the taxable year which
is attributable to the insurance provided to the individual by such
sponsor or issuer.
``(f) Required Documentation for Receipt of Payments of Advance
Amount.--No payment of a qualified health insurance credit advance
amount with respect to any eligible individual may be made under
subsection (a) unless the plan sponsor of the group health plan or
health insurance issuer provides to the Secretary--
``(1) the qualified health insurance credit eligibility
certificate of such individual, and
``(2) the return relating to such individual under section
6050T.
``(g) Regulations.--The Secretary shall prescribe such regulations
as may be necessary to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of sections for chapter 77 of
the Internal Revenue Code of 1986 is amended by adding at the end the
following:
``Sec. 7527. Advance payment of health
insurance credit for purchasers
of qualified health
insurance.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2002.
SEC. 4. STUDY.
Not later than January 1, 2003, the Comptroller General of the
United States shall--
(1) conduct a study on the effectiveness of the amendments
made by this Act in increasing enrollment by eligible
individuals (as defined in section 35(c)(2), as added by
section 2) in group health plans under COBRA continuation
coverage; and
(2) submit a report on the study conducted under paragraph
(1) to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate. | COBRA Plus Act of 2001 - Amends the Internal Revenue Code to temporarily allow a refundable tax credit of 50 percent for an eligible individual's health insurance premium under COBRA, subject to specified limitations. Reduces the medical expense deduction accordingly. Requires former employers receiving COBRA payments to make a return as specified. Sets forth criminal penalties for fraud relating to such credit. Directs the Secretary of the Treasury to make COBRA payments in the amount of the allowable credit for eligible individuals with a qualified health insurance credit eligibility certificate. Requires the Comptroller General to study and report on whether this credit increased COBRA enrollment. | A bill to amend the internal Revenue Code of 1986 to allow a refundable tax credit for health insurance costs for COBRA continuation coverage, and for other purposes. | 18,933 | 709 | <SECTION-HEADER> SHORT TITLE. This Act may be cited as the "COBRA Plus Act of 2001". <SECTION-HEADER> REFUNDABLE HEALTH INSURANCE COSTS CREDIT. In General. Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by redesignating section 35 as section 36 and inserting after section 34 the following: "Section 35. HEALTH INSURANCE COSTS. Allowance of Credit. In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the amount paid by the taxpayer during such taxable year for qualified health insurance for the taxpayer and the taxpayer's spouse and dependents. Limitations. Maximum dollar amount. In general. The amount allowed as a credit under subsection (a) to the taxpayer for the taxable year shall not exceed the sum of the monthly limitations for coverage months during such taxable year. Monthly limitation. The monthly limitation for each coverage month during the taxable year is an amount equal to the lesser of 50 percent of the amount paid for qualified health insurance for such month, or an amount equal to 112 of in the case of self-only coverage, $1,320, and in the case of family coverage, $3,480. 9-month limitation. For purposes of paragraph (1), the total number of coverage months taken into account with respect to each qualifying event of the individual shall not exceed 9. Inflation adjustment. In general. In the case of any taxable year beginning after 2002, each of the dollar amounts referred to in paragraph (1)(B) shall be increased by an amount equal to such dollar amount, multiplied by the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, by substituting `2001' for `1992'. Rounding. If any amount as adjusted under subparagraph (A) is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. Definitions. For purposes of this section Coverage month. In general. The term `coverage month' means, with respect to an individual, any month if as of the first day of such month such individual is covered by qualified health insurance, and the premium for coverage under such insurance, or any portion of the premium, for such month is paid by the taxpayer. Exclusion of months in which individual is eligible for coverage under certain health programs. Such term shall not include any month during a taxable year with respect to an individual if, as of the first day of such month, such individual is eligible for any benefits under title XVIII of the Social Security Act, to participate in the program under title XIX or XXI of such Act, for benefits under chapter 17 of title 38, United States Code, for benefits under chapter 55 of title 10, United States Code, to participate in the program under chapter 89 of title 5, United States Code, or any similar program for State or local government employees, or for benefits under any medical care program under the Indian Health Care Improvement Act or any other provision of law. Exclusion of months in which individual is imprisoned. Such term shall not include any month with respect to an individual if, as of the first day of such month, such individual is imprisoned under Federal, State, or local authority. Eligible individual. The term `eligible individual' means an individual who is a covered employee (as defined in section 4980B(f)) of the plan sponsor of the qualified health insurance, and eligible for continuation coverage by reason of a qualifying event. Qualified health insurance. The term `qualified health insurance' means health insurance coverage under a COBRA continuation provision (as defined in section 9832(d)(1)), or section 8905a of title 5, United States Code. Qualifying event. The term `qualifying event' means an event described in section 4980B(f)(3)(B). Special Rules. Coordination with medical expense deduction. The amount which would be taken into account by the taxpayer under section 213 for the taxable year shall be reduced by the credit allowed by this section to the taxpayer for such year. Coordination with advance payment. Rules similar to the rules of section 32(g) shall apply to any credit to which this section applies. Expenses Must Be Substantiated. A payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. Regulations. The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section. Termination. This section shall not apply to any amount paid after December 31, 2003.". Information Reporting. In general. Subpart B of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 is amended by inserting after section 6050S the following: "Section 6050T. RETURNS RELATING TO PAYMENTS FOR QUALIFIED HEALTH INSURANCE. In General. Any person who, in connection with a trade or business conducted by such person, receives payments during any calendar year from any individual for coverage of such individual or any other individual under creditable health insurance, shall make the return described in subsection (b) with respect to each individual from whom such payments were received. Form and Manner of Returns. A return is described in this subsection if such return is in such form as the Secretary may prescribe, and contains the name, address, and TIN of the individual from whom payments described in subsection (a) were received, the name, address, and TIN of each individual who was provided by such person with coverage under creditable health insurance by reason of such payments and the period of such coverage, the aggregate amount of payments described in subsection (a), the qualified health insurance credit advance amount (as defined in section 7527(e)) received by such person with respect to the individual described in subparagraph (A), and such other information as the Secretary may reasonably prescribe. Creditable Health Insurance. For purposes of this section, the term `creditable health insurance' means qualified health insurance (as defined in section 35(c)). Statements To Be Furnished to Individuals With Respect to Whom Information Is Required. Every person required to make a return under subsection (a) shall furnish to each individual whose name is required under subsection (b)(2)(A) to be set forth in such return a written statement showing the name and address of the person required to make such return and the phone number of the information contact for such person, the aggregate amount of payments described in subsection (a) received by the person required to make such return from the individual to whom the statement is required to be furnished, the information required under subsection (b)(2)(B) with respect to such payments, and the qualified health insurance credit advance amount (as defined in section 7527(e)) received by such person with respect to the individual described in paragraph (2). The written statement required under the preceding sentence shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) is required to be made. Returns Which Would Be Required To Be Made by 2 or More Persons. Except to the extent provided in regulations prescribed by the Secretary, in the case of any amount received by any person on behalf of another person, only the person first receiving such amount shall be required to make the return under subsection (a).". Assessable penalties. Subparagraph (B) of section 6724(d)(1) of such Code is amended by redesignating clauses (xi) through (xvii) as clauses through (xviii), respectively, and by inserting after clause (x) the following: section 6050T ,". Paragraph (2) of section 6724(d) of such Code is amended by striking "or" at the end of the next to last subparagraph, by striking the period at the end of the last subparagraph and inserting ", or", and by adding at the end the following: section 6050T(d) .". Clerical amendment. The table of sections for subpart B of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6050S the following: "Section 6050T. Returns relating to payments for qualified health insurance.". Criminal Penalty for Fraud. Subchapter B of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following: "Section 7276. PENALTIES FOR OFFENSES RELATING TO HEALTH INSURANCE TAX CREDIT. "Any person who knowingly misuses Department of the Treasury names, symbols, titles, or initials to convey the false impression of association with, or approval or endorsement by, the Department of the Treasury of any insurance products or group health coverage in connection with the credit for health insurance costs under section 35 shall on conviction thereof be fined not more than $10,000, or imprisoned not more than 1 year, or both.". Conforming Amendments. Section 162(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following: Election to have subsection apply. No deduction shall be allowed under paragraph (1) for a taxable year unless the taxpayer elects to have this subsection apply for such year.". Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting before the period ", or from section 35 of such Code". The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking the last item and inserting the following: "<SECTION-HEADER> Health insurance costs. "<SECTION-HEADER> Overpayments of tax.". The table of sections for subchapter B of chapter 75 of the Internal Revenue Code of 1986 is amended by adding at the end the following: "Section 7276. Penalties for offenses relating to health insurance tax credit.". Effective Dates. In general. Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 2001. Penalties. The amendments made by subsections (c) and (4) shall take effect on the date of the enactment of this Act. <SECTION-HEADER> ADVANCE PAYMENT OF CREDIT TO ISSUERS OF QUALIFIED HEALTH INSURANCE. In General. Chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following: "Section 7527. ADVANCE PAYMENT OF HEALTH INSURANCE CREDIT FOR PURCHASERS OF QUALIFIED HEALTH INSURANCE. General Rule. In the case of an eligible individual, the Secretary shall make payments to the plan sponsor of the group health plan providing, or the qualified health insurance issuer of, such individual's qualified health insurance equal to such individual's qualified health insurance credit advance amount with respect to such sponsor or issuer. Eligible Individual. For purposes of this section, the term `eligible individual' means any individual who purchases qualified health insurance (as defined in section 35(c)), and for whom a qualified health insurance credit eligibility certificate is in effect. Definitions. For purposes of this section Qualified health insurance issuer. The term `qualified health insurance issuer' means a health insurance issuer described in section 9832(b)(2) offering coverage in connection with a group health plan. Group health plan. The term `group health plan' has the meaning given such term by section 5000(b)(1) (determined without regard to subsection . Qualified Health Insurance Credit Eligibility Certificate. For purposes of this section, a qualified health insurance credit eligibility certificate is a statement furnished by an individual to a plan sponsor of a group health plan or qualified health insurance issuer which certifies that the individual will be eligible to receive the credit provided by section 35 for the taxable year, estimates the amount of such credit for such taxable year, and provides such other information as the Secretary may require for purposes of this section. Qualified Health Insurance Credit Advance Amount. For purposes of this section, the term `qualified health insurance credit advance amount' means, with respect to any plan sponsor of a group health plan providing, or qualified health insurance issuer of, qualified health insurance, an estimate of the amount of credit allowable under section 35 to the individual for the taxable year which is attributable to the insurance provided to the individual by such sponsor or issuer. Required Documentation for Receipt of Payments of Advance Amount. No payment of a qualified health insurance credit advance amount with respect to any eligible individual may be made under subsection (a) unless the plan sponsor of the group health plan or health insurance issuer provides to the Secretary the qualified health insurance credit eligibility certificate of such individual, and the return relating to such individual under section 6050T. Regulations. The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section.". Clerical Amendment. The table of sections for chapter 77 of the Internal Revenue Code of 1986 is amended by adding at the end the following: "Section 7527. Advance payment of health insurance credit for purchasers of qualified health insurance.". Effective Date. The amendments made by this section shall take effect on January 1, 2002. <SECTION-HEADER> STUDY. Not later than January 1, 2003, the Comptroller General of the United States shall conduct a study on the effectiveness of the amendments made by this Act in increasing enrollment by eligible individuals (as defined in section 35(c) in group health plans under COBRA continuation coverage. And submit a report on the study conducted under paragraph to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. | COBRA Plus Act of 2001 - Amends the Internal Revenue Code to temporarily allow a refundable tax credit of 50 percent for an eligible individual's health insurance premium under COBRA, subject to specified limitations. Reduces the medical expense deduction accordingly. Requires former employers receiving COBRA payments to make a return as specified. Sets forth criminal penalties for fraud relating to such credit. Directs the Secretary of the Treasury to make COBRA payments in the amount of the allowable credit for eligible individuals with a qualified health insurance credit eligibility certificate. Requires the Comptroller General to study and report on whether this credit increased COBRA enrollment. | A bill to amend the internal Revenue Code of 1986 to allow a refundable tax credit for health insurance costs for COBRA continuation coverage, and for other purposes. |
Subsets and Splits