datamatters24/research-document-archive huggingface dataset:
I
107TH CONGRESS
2D SESSION
H. R. 5092
To amend the Marine Protection, Research, and Sanctuaries Act of 1972
to restrict ocean dumping at the site off the coast of New Jersey,
known as the ‘‘Historic Area Remediation Site’’, to dumping of dredged
material that does not exceed polychlorinated biphenyls levels of 113
parts per billion.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 2002
Mr. PALLONE (for himself, Mr. ANDREWS, and Mr. HOLT) introduced the fol-
lowing bill; which was referred to the Committee on Transportation and
Infrastructure
A BILL
To amend the Marine Protection, Research, and Sanctuaries
Act of 1972 to restrict ocean dumping at the site off
the coast of New Jersey, known as the ‘‘Historic Area
Remediation Site’’, to dumping of dredged material that
does not exceed polychlorinated biphenyls levels of 113
parts per billion.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Anti-Ocean Dumping
Act of 2002’’.
SEC. 2. RESTRICTION ON OCEAN DUMPING AT THE HIS-
TORIC AREA REMEDIATION SITE.
Section 103 of the Marine Protection, Research, and
Sanctuaries Act of 1972 (33 U.S.C. 1413) is amended by
adding at the end the following:
‘‘(f) RESTRICTION ON OCEAN DUMPING AT THE HIS-
TORIC AREA REMEDIATION SITE.—
‘‘(1) IN GENERAL.—No permit under this Act
authorizing transportation of material for the pur-
pose of dumping at the Historic Area Remediation
Site, and no permit under this Act authorizing such
transportation (other than a permit for transpor-
tation of qualified dredged material), shall be effec-
tive.
‘‘(2) REQUIREMENTS FOR QUALIFIED DREDGED
MATERIAL.—
‘‘(A) IN
GENERAL.—The Administrator
shall issue regulations that establish require-
ments for material to be considered qualified
dredged material for purposes of this sub-
section.
‘‘(B) CRITERIA.—Regulations under this
paragraph shall provide, at a minimum, that
dredged material is not qualified dredged mate-
rial unless the polychlorinated biphenyls level of
such material does not exceed 113 parts per bil-
lion.
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply:
‘‘(A) 
HISTORIC
AREA
REMEDIATION
SITE.—The term ‘Historic Area Remediation
Site’ means the dredged material disposal area
known by that name that is located east of
Sandy Hook, New Jersey, and described in sec-
tion 228.15(d)(6) of title 40, Code of Federal
Regulations (as in effect on July 1, 1999).
‘‘(B) QUALIFIED
DREDGED
MATERIAL.—
The term ‘qualified dredged material’ means
dredged material that is qualified dredged ma-
terial under regulations issued under paragraph
(2).’’.
Æ
‘‘(A) as part of the acquisition described in
subsection (b)(2)(B)(i), or
‘‘(B) after such acquisition if the transfer
is to a foreign related person.
Subparagraph (B) shall not apply to property de-
scribed in section 1221(a)(1) in the hands of the ex-
patriated entity.
‘‘(4) FOREIGN
RELATED
PERSON.—The term
‘foreign related person’ means, with respect to any
expatriated entity, a foreign person which—
‘‘(A) is related (within the meaning of sec-
tion 267(b) or 707(b)(1)) to such entity, or
‘‘(B) is under the same common control
(within the meaning of section 482) as such en-
tity.
‘‘(e) SPECIAL RULES RELATING TO TAX ON INVER-
SION GAIN.—
‘‘(1) CREDITS NOT ALLOWED AGAINST TAX ON
INVERSION GAIN.—Credits (other than the credit al-
lowed by section 901) shall be allowed against the
tax imposed by this chapter on an expatriated entity
for any taxable year described in subsection (b) only
to the extent such tax exceeds the product of—
‘‘(A) the amount of the inversion gain for
the taxable year, and
108
‘‘
9902.03.89
Artichokes, pre-
pared or pre-
served otherwise
than by vinegar
or acetic acid,
not frozen (pro-
vided for in sub-
heading
2005.90.80) .......
13.8%
No change
No change
On or before
12/31/2005
’’.
SEC. 1348. CERTAIN OTHER PREPARED OR PRESERVED AR-
TICHOKES.
Subchapter II of chapter 99 is amended by inserting
in numerical sequence the following new heading:
‘‘
9902.03.90
Artichokes, pre-
pared or pre-
served by vinegar
or acetic acid
(provided for in
subheading
2001.90.25) .......
7.3%
No change
No change
On or before
12/31/2005
’’.
SEC. 1349. ETHYLENE/TETRAFLUOROETHYLENE COPOLY-
MER (ETFE).
Subchapter II of chapter 99 is amended by inserting
in numerical sequence the following new heading:
‘‘
9902.03.91
Ethylene/tetra-
fluoroethylene co-
polymer (ETFE)
(provided for in
subheading
3904.69.50) .......
4.9%
No change
No change
On or before
12/31/2005
’’.
SEC. 1350. ACETAMIPRID.
Subchapter II of chapter 99 is amended by inserting
in numerical sequence the following new heading:
‘‘
9902.03.92
N1-[(6-chloro-3-
pyridyl) methyl]-
N2-cyano-N1-
methylacetamidine
(CAS No. 135410–
20–7) (provided
for in subheading
2933.39.27) ..........
Free
No change
No change
On or before
12/31/2005
’’.
HR 5121 RH
(1) IN GENERAL.—The Chief of the Capitol Po-
lice may provide for the compensation of overtime
work of officers and members of the Capitol Police
at the rank of lieutenant and higher. Nothing in this
subsection may be construed to affect the compensa-
tion of overtime work of officers and members of the
Capitol Police at any rank not described in the pre-
vious sentence.
(2) TERMS AND CONDITIONS.—In providing for
the compensation of overtime work under this sub-
section, the Chief shall provide the compensation in
the same manner and subject to the same terms and
conditions which are applicable to the compensation
of overtime work of officers and members of the
United States Secret Service Uniformed Division
and the United States Park Police who serve at the
rank of lieutenant and higher, in accordance with
section 1 of the Act entitled ‘‘An Act to provide a
5-day week for officers and members of the Metro-
politan Police force, the United States Park Police
force, and the White House Police force, and for
other purposes’’, approved August 15, 1950 (sec. 5–
1304, D.C. Official Code).
(f) TRAINING PROGRAMS FOR PERSONNEL.—
HR 5093 RH
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of Octo-
ber 17, 1978 (16 U.S.C. 715s), $19,414,000, of which
$5,000,000 is for conservation spending category activities
pursuant to section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, for
the purposes of discretionary spending limits.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions
of the North American Wetlands Conservation Act, Public
Law 101–233, as amended, $43,560,000, to remain avail-
able until expended and to be for the conservation activi-
ties defined in section 250(c)(4)(E) of the Balanced Budg-
et and Emergency Deficit Control Act of 1985, as amend-
ed, for the purposes of such Act: Provided, That, notwith-
standing any other provision of law, amounts in excess of
funds provided in fiscal year 2001 shall be used only for
projects in the United States.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For financial assistance for projects to promote the
conservation of neotropical migratory birds in accordance
with the Neotropical Migratory Bird Conservation Act,
Public Law 106–247 (16 U.S.C. 6101–6109), $5,000,000,
to remain available until expended, and to be for conserva-
tion spending activities pursuant to section 251(c) of the
Balanced Budget and Emergency Deficit Control Act of
HR 5093 RH
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation pro-
grams, natural programs, cultural programs, heritage
partnership programs, environmental compliance and re-
view, international park affairs, statutory or contractual
aid for other activities, and grant administration, not oth-
erwise provided for, $56,330,000.
URBAN PARK AND RECREATION FUND
For expenses necessary to carry out the provisions
of the Urban Park and Recreation Recovery Act of 1978
(16 U.S.C. 2501 et seq.), $30,000,000, to remain available
until expended and to be for the conservation activities
defined in section 250(c)(4)(E) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
for the purposes of such Act.
HISTORIC PRESERVATION FUND
For expenses necessary in carrying out the Historic
Preservation Act of 1966, as amended (16 U.S.C. 470),
and the Omnibus Parks and Public Lands Management
Act of 1996 (Public Law 104–333), $76,500,000, to be
derived from the Historic Preservation Fund, to remain
available until September 30, 2004, and to be for the con-
servation activities defined in section 250(c)(4)(E) of the
Balanced Budget and Emergency Deficit Control Control
Act of 1985, as amended, for the purposes of such Act:
Provided, 
That, 
of 
the 
amount 
provided 
herein,
HR 5121 RH
(1) IN GENERAL.—Chapter 41 of title 5, United
States Code, is amended by adding at the end the
following new section:
‘‘§ 4120. Training for officers, members, and employ-
ees of the Capitol Police
‘‘(a) The Chief of the Capitol Police may, by regula-
tion, make applicable such provisions of this chapter as
the Chief determines necessary to provide for training of
officers, members, and employees of the Capitol Police.
The regulations shall provide for training which, in the
determination of the Chief, is consistent with the training
provided by agencies under the preceding sections of this
chapter.
‘‘(b) The Office of Personnel Management shall pro-
vide the Chief of the Capitol Police with such advice and
assistance as the Chief may request in order to enable the
Chief to carry out the purposes of this section.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 41 of such title is amended by add-
ing at the end the following:
‘‘4120. Training for officers, members, and employees of the Capitol Police.’’.
(g) APPLICATION
OF PREMIUM PAY LIMITS
ON
ANNUALIZED BASIS.—
(1) IN GENERAL.—Any limits on the amount of
premium pay which may be earned by officers and
HR 5093 RH
$2,500,000, to remain available until expended, is for a
grant for the perpetual care and maintenance of National
Trust Historic Sites, as authorized under 16 U.S.C.
470a(e)(2), to be made available in full upon signing of
a grant agreement: Provided further, That, notwith-
standing any other provision of law, these funds shall be
available for investment with the proceeds to be used for
the same purpose as set out herein: Provided further, That
of the total amount provided, $30,000,000 shall be for
Save America’s Treasures for priority preservation
projects, of nationally significant sites, structures, and ar-
tifacts: Provided further, That any individual Save Amer-
ica’s Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only
be eligible for one grant, and all projects to be funded shall
be approved by the House and Senate Committees on Ap-
propriations and the Secretary of the Interior in consulta-
tion with the President’s Committee on the Arts and Hu-
manities prior to the commitment of grant funds: Provided
further, That Save America’s Treasures funds allocated
for Federal projects shall be available by transfer to ap-
propriate accounts of individual agencies, after approval
of such projects by the Secretary of the Interior, in con-
sultation with the House and Senate Committees on Ap-
HR 5093 RH
ed, and Public Law 93–153, to remain available until ex-
pended: Provided, That notwithstanding any provision to
the contrary of section 305(a) of Public Law 94–579 (43
U.S.C. 1735(a)), any moneys that have been or will be
received pursuant to that section, whether as a result of
forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43
U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to im-
prove, protect, or rehabilitate any public lands adminis-
tered through the Bureau of Land Management which
have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such ac-
tion are used on the exact lands damaged which led to
the action: Provided further, That any such moneys that
are in excess of amounts needed to repair damage to the
exact land for which funds were collected may be used to
repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended
under existing laws, there is hereby appropriated such
amounts as may be contributed under section 307 of the
Act of October 21, 1976 (43 U.S.C. 1701), and such
amounts as may be advanced for administrative costs, sur-
veys, appraisals, and costs of making conveyances of omit-
(determined by substituting ‘July 10, 2002’ for ‘March
20, 2002’) with respect to such corporation.
‘‘(d) EXCEPTION WHERE GAIN RECOGNIZED
ON
COMPENSATION.—Subsection (a) shall not apply to—
‘‘(1) any stock option which is exercised on the
expatriation date or during the 6-month period be-
fore such date and to the stock acquired in such ex-
ercise, and
‘‘(2) any stock option or stock which is sold or
exchanged during such period in a transaction in
which gain or loss is recognized in full.
‘‘(e) DEFINITIONS.—For purposes of this section—
‘‘(1) DISQUALIFIED
INDIVIDUAL.—The term
‘disqualified individual’ means, with respect to a cor-
poration, any individual who, at any time during the
12-month period beginning on the date which is 6
months before the expatriation date—
‘‘(A) is subject to the requirements of sec-
tion 16(a) of the Securities Exchange Act of
1934 with respect to such corporation or any
member of the expanded affiliated group which
includes such corporation, or
‘‘(B) would be subject to such require-
ments if such corporation or member were an
HR 5121 RH
members of the Capitol Police during emergencies
(as determined by the Capitol Police Board) shall be
applied by the Chief of the Capitol Police on an an-
nual basis and not on a pay period basis.
(2) EFFECTIVE
DATE.—Paragraph (1) shall
apply with respect to hours of duty occurring on or
after September 11, 2001.
(h) CORRECTION OF DISPARITY WITHIN CLASSES.—
(1) IN GENERAL.—The Chief of the Capitol Po-
lice shall adjust the basic pay of members of the
Capitol Police to the extent necessary to ensure that
all members within the same rank who are within
the same service class are paid the same annual rate
of basic pay, except that no member of the Capitol
Police may be subject to a reduction in the mem-
ber’s rate of basic pay as a result of this subsection.
(2) EFFECTIVE
DATE.—Paragraph (1) shall
apply with respect to pay periods beginning on or
after October 1, 2001.
(i) EFFECTIVE DATE; REGULATIONS.—
(1) EFFECTIVE
DATE.—Except as otherwise
provided, this section shall apply with respect to pay
periods beginning on or after the date of the enact-
ment of this Act.
(C) consider the recommendations of a panel
convened by the chairperson selected under sub-
section (c).
(f) TERMS.—(1) The members appointed under sub-
paragraphs (A) through (C) of subsection (e)(1) shall
serve at the discretion of the appointing agency head.
Members appointed under subsection (e)(1)(D) shall be
appointed for an initial term of not more than five years,
and may be reappointed for one additional term of not
more than five years.
(g) CHAIRPERSON.—The Principals shall select a
chairperson of the Board from among members appointed
under subsection (e)(1)(D).
(h) CONSIDERATION
OF ACCOUNTING CONCEPTS
AND STANDARDS.—(1) The Board shall consider account-
ing concepts and standards for the Federal Government
that provide a frame of reference for resolving accounting
issues. In considering accounting concepts and standards,
consideration shall be given to the budgetary information
needs of executive agencies and the needs of users of Fed-
eral financial information.
(2) The Board shall not set or propose budget con-
cepts, standards, or principles.
(i) PROCESS REQUIRED.—The Board shall take the
following steps in carrying out the process for considering
accounting standards:
(1) Identification of accounting issues and
agenda decisions.
(2) Preliminary deliberations.
(3) Preparation of issues papers or discussion
memorandums.
(4) Release of documents to the public, holding
public hearings, and consideration of comments.
(5) Further deliberations, preparation of expo-
sure draft, and consideration of comments.
(6) General consensus of at least a majority of
the Board members and submission of recommenda-
tions to the Principals.
(j) 
ADOPTION
OF
RECOMMENDATIONS.—Rec-
ommendations of the Board on proposed accounting con-
cepts or standards shall be made to the Principals for re-
view. If, within 90 days after submission, any of the Prin-
cipals objects to the proposed concept or standard, the
concept or standard shall be returned to the Board for
further consideration. If, within 90 days after submission,
none of the Principals objects to the proposed concept or
standard, the concept or standard become final and shall
be published in the Federal Register. Standards set and
promulgated following the Board’s rules of procedure shall
have substantial authoritative support, and accounting
standards contrary to such promulgation shall not.
(k) PROPOSED INTERPRETATIONS AND TECHNICAL
RELEASES.—A proposed Interpretation or Technical Re-
lease shall be submitted to the members of the Board rep-
resenting the three Principals for review. If, within 45
days after submission, any one of such members objects
to the proposed Interpretation or Technical Release, the
proposed Interpretation or Technical Release shall be re-
turned to the Board for further consideration. If, within
45 days after submission, none of such members objects
to the proposed Interpretation or Technical Release, the
proposed Interpretation or Technical Release shall become
final. Final Interpretations and Technical Releases shall
be published in the Federal Register.
(l) STAFF.—A core group of qualified technical staff
shall support the Board in carrying out its duties and
functions. The staff shall spend its time working on Board
matters and, from time to time, may be augmented with
staff assigned from executive departments or agencies or
other organizations.
(m) TASK FORCES.—The Board may appoint task
forces as necessary to—
(1) advise the Board on accounting matters;
(2) provide expert views; and
(3) recommend solutions to issues or problems
in the accounting standard-setting process.
(n) TRANSITION PROVISIONS.—The terms of mem-
bers of the Board serving on the date of the enactment
of this Act from the Congressional Budget Office, inter-
national organizations, defense agencies, and civilian and
other Federal agencies shall expire on June 30, 2002. The
terms of any non-Federal members serving on the Board
on the date of the enactment of this Act shall be extended
until June 30, 2004, and such members shall be eligible
to serve an additional term of up to five years to the extent
that the total service of the member on the Board does
not exceed 10 years.
(o) CONSTRUCTION.—Nothing in this Act shall be
construed as diminishing the authorities, separately or
jointly, of the Principals to establish and adopt accounting
standards for the Federal Government.
(p) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this Act.
Æ
‘‘(ii) VIOLATIONS NOT CHARGED.—If
the issuer or other person described in sub-
paragraph (A) is not charged with any vio-
lation of the Federal securities laws before
the expiration of the effective period of a
temporary order under subparagraph (A)
(including any applicable extension period),
the escrow shall terminate at the expira-
tion of the 45-day effective period (or the
expiration of any extension period, as ap-
plicable), and the disputed payments (with
accrued interest) shall be returned to the
issuer or other affected person.’’.
(b) TECHNICAL AMENDMENT.—Section 21C(c)(2) of
the Securities Exchange Act of 1934 (15 U.S.C. 78u–
3(c)(2)) is amended by striking ‘‘This’’ and inserting
‘‘paragraph (1)’’.
SEC. 10. AUTHORITY OF THE COMMISSION TO PROHIBIT
PERSONS FROM SERVING AS OFFICERS OR
DIRECTORS.
(a) SECURITIES EXCHANGE ACT OF 1934.—Section
21C of the Securities Exchange Act of 1934 (15 U.S.C.
78u–3) is amended by adding at the end the following:
‘‘(f) AUTHORITY OF THE COMMISSION TO PROHIBIT
PERSONS FROM SERVING AS OFFICERS OR DIRECTORS.—
I
107TH CONGRESS
2D SESSION
H. R. 5095
To amend the Internal Revenue Code of 1986 to improve and simplify
compliance with the internal revenue laws, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 11, 2002
Mr. THOMAS (for himself, Mr. MCCRERY, Mrs. JOHNSON of Connecticut, and
Mr. HOUGHTON) introduced the following bill; which was referred to the
Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to improve
and simplify compliance with the internal revenue laws,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) SHORT TITLE.—This Act may be cited as the
‘‘American Competitiveness and Corporate Accountability
Act of 2002’’.
(b) AMENDMENT OF 1986 CODE.—Except as other-
wise expressly provided, whenever in this Act an amend-
ment or repeal is expressed in terms of an amendment
‘‘(B) any reportable transaction (other
than a listed transaction) if a significant pur-
pose of such transaction is the avoidance or
evasion of Federal income tax.
‘‘(c) HIGHER PENALTY FOR NONDISCLOSED TRANS-
ACTIONS.—Subsection (a) shall be applied by substituting
‘30 percent’ for ‘20 percent’ with respect to the portion
of any reportable transaction understatement with respect
to which the requirement of section 6664(d)(2)(A) is not
met.
‘‘(d) DEFINITIONS
OF REPORTABLE
AND LISTED
TRANSACTIONS.—For purposes of this section, the terms
‘reportable transaction’ and ‘listed transaction’ have the
respective meanings given to such terms by section
6707A(c).
‘‘(e) SPECIAL RULES.—
‘‘(1) COORDINATION
WITH
PENALTIES, ETC.,
ON OTHER UNDERSTATEMENTS.—In the case of an
understatement (as defined in section 6662(d)(2))—
‘‘(A) the amount of such understatement
(determined without regard to this paragraph)
shall be increased by the aggregate amount of
reportable transaction understatements and
noneconomic substance transaction understate-
ments for purposes of determining whether
SEC. 105. TAX SHELTER EXCEPTION TO CONFIDENTIALITY
PRIVILEGES RELATING TO TAXPAYER COM-
MUNICATIONS.
(a) IN GENERAL.—Section 7525(b) (relating to sec-
tion not to apply to communications regarding corporate
tax shelters) is amended to read as follows:
‘‘(b) SECTION NOT TO APPLY TO COMMUNICATIONS
REGARDING TAX SHELTERS.—The privilege under sub-
section (a) shall not apply to any written communication
which is—
‘‘(1) between a federally authorized tax practi-
tioner and—
‘‘(A) any person,
‘‘(B) any director, officer, employee, agent,
or representative of the person, or
‘‘(C) any other person holding a capital or
profits interest in the person, and
‘‘(2) in connection with the promotion of the di-
rect or indirect participation of the person in any
tax 
shelter 
(as 
defined 
in 
section
6662(d)(2)(C)(ii)).’’
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to communications made on or
after the date of the enactment of this Act.