datamatters24/research-document-archive huggingface dataset:
392
HR 333 PCS
‘‘(3) if a chapter 7 trustee has been allowed
compensation due to the conversion or dismissal of
the debtor’s prior case pursuant to section 707(b),
and some portion of that compensation remains un-
paid in a case converted to this chapter or in the
case dismissed under section 707(b) and refiled
under this chapter, the amount of any such unpaid
compensation, which shall be paid monthly—
‘‘(A) by prorating such amount over the
remaining duration of the plan; and
‘‘(B) by monthly payments not to exceed
the greater of—
‘‘(i) $25; or
‘‘(ii) the amount payable to unsecured
nonpriority creditors, as provided by the
plan, multiplied by 5 percent, and the re-
sult divided by the number of months in
the plan.’’; and
(2) by adding at the end the following:
‘‘(d) Notwithstanding any other provision of this
title—
‘‘(1) compensation referred to in subsection
(b)(3) is payable and may be collected by the trustee
under that paragraph, even if such amount has been
discharged in a prior proceeding under this title; and
HR 333 PCS
paragraph (A)(i) of such paragraph does not apply or has
been rebutted, the court shall consider—
‘‘(A) whether the debtor filed the petition in
bad faith; or
‘‘(B) the totality of the circumstances (includ-
ing whether the debtor seeks to reject a personal
services contract and the financial need for such re-
jection as sought by the debtor) of the debtor’s fi-
nancial situation demonstrates abuse.
‘‘(4)(A) The court shall order the counsel for the
debtor to reimburse the trustee for all reasonable costs
in prosecuting a motion brought under section 707(b), in-
cluding reasonable attorneys’ fees, if—
‘‘(i) a trustee appointed under section 586(a)(1)
of title 28 or from a panel of private trustees main-
tained by the bankruptcy administrator brings a mo-
tion for dismissal or conversion under this sub-
section; and
‘‘(ii) the court—
‘‘(I) grants that motion; and
‘‘(II) finds that the action of the counsel
for the debtor in filing under this chapter vio-
lated rule 9011 of the Federal Rules of Bank-
ruptcy Procedure.
419
Act shall not apply with respect to cases commenced under
title 11, United States Code, before the effective date of
this Act.
Æ
‘‘(B) print on the document the name and ad-
dress of that officer, principal, responsible person or
partner.’’; and
(B) by striking paragraph (2) and insert-
ing the following:
‘‘(2)(A) Before preparing any document for filing or
accepting any fees from a debtor, the bankruptcy petition
preparer shall provide to the debtor a written notice to
debtors concerning bankruptcy petition preparers, which
shall be on an official form issued by the Judicial Con-
ference of the United States.
‘‘(B) The notice under subparagraph (A)—
‘‘(i) shall inform the debtor in simple language
that a bankruptcy petition preparer is not an attor-
ney and may not practice law or give legal advice;
‘‘(ii) may contain a description of examples of
legal advice that a bankruptcy petition preparer is
not authorized to give, in addition to any advice that
the preparer may not give by reason of subsection
(e)(2); and
‘‘(iii) shall—
‘‘(I) be signed by—
‘‘(aa) the debtor; and
‘‘(bb) the bankruptcy petition pre-
parer, under penalty of perjury; and
297
(1) copies of the petitions and orders estab-
lishing the receivership proceeding, and any amend-
ments thereto;
(2) copies of all reports filed by the receiver
with the court or the Director;
(3) copies of all other filings made in the court;
(4) copies of all evidentiary material submitted
to the court;
(5) transcripts of any hearings or trials in the
court which are obtained by the receiver; and
(6) an index of all items contained in the depos-
itory.
(b) DOCUMENTS UNDER SEAL.—Any filing or evi-
dentiary submission made in the court under seal shall
not be maintained in the depository, subject to the con-
trary order of the court, but an index of such filings and
submissions, identifying such material with reasonable
specificity, but preserving the confidentiality of the con-
tents of such material, shall be maintained in the deposi-
tory.
(c) PROVISIONS OF DOCUMENTS BY OTHER PAR-
TIES.—Any party other than the receiver who files plead-
ings or documents in the court, or presents evidentiary
materials there, shall forthwith furnish the receiver with
the date on which the debtor meets the requirements of
paragraph (1), but in no case may the exemption apply
to that debtor after the date that is 30 days after the debt-
or files a petition, except that the court, for cause, may
order an additional 15 days.’’.
(b) CHAPTER 7 DISCHARGE.—Section 727(a) of title
11, United States Code, is amended—
(1) in paragraph (9), by striking ‘‘or’’ at the
end;
(2) in paragraph (10), by striking the period
and inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(11) after the filing of the petition, the debtor
failed to complete an instructional course concerning
personal financial management described in section
111.
‘‘(12)(A) Paragraph (11) shall not apply with
respect to a debtor who resides in a district for
which the United States trustee or bankruptcy ad-
ministrator of that district determines that the ap-
proved instructional courses are not adequate to
service the additional individuals required to com-
plete such instructional courses under this section.
‘‘(B) Each United States trustee or bankruptcy
administrator that makes a determination described
posal of surplus property under the Fed-
eral Property and Administrative Services
Act of 1949; and
(ii) all regulations in effect on the
date of the enactment of this Act gov-
erning the conveyance and disposal of
property under section 13(g) of the Sur-
plus Property Act of 1944 (50 U.S.C. App.
1622(g)).
(B) REGULATIONS.—The Secretary or the
Administrator, as appropriate, after consulting
with the Administrator of General Services,
may issue regulations that are necessary to
carry out the delegation of authority required
by paragraph (1).
(C) LIMITATION.—The authority required
to be delegated by paragraph (1) to the Sec-
retary or the Administrator, as appropriate, by
the Administrator of General Services shall not
include the authority to prescribe general poli-
cies and methods for utilizing excess property
and disposing of surplus property.
(c) WAIVER.—The Secretary or the Administrator, as
appropriate, may reconfigure, privatize, or close energy
laboratories under this title without regard to any provi-
powers specified in the Inspector General Act of 1978 (5
U.S.C. App. 3).
(d) GENERAL COUNSEL.—There shall be a General
Counsel of the Administration, who shall be appointed by
the Under Secretary. The General Counsel shall be the
chief legal officer for all legal matters arising from the
conduct of the functions of the Administration.
(e) PLACEMENT OF POSITIONS IN THE EXECUTIVE
SCHEDULE.—Chapter 53 of title 5, United States Code,
is amended as follows:
(1) Section 5313 is amended by inserting after
the item relating to the Under Secretary of Defense
for Acquisition and Technology the following:
‘‘Under Secretary of Defense for Defense Nu-
clear Programs.’’.
(2) Section 5314 is amended by adding at the
end the following:
‘‘Deputy Under Secretary of Defense for De-
fense Nuclear Programs.’’.
(3) Section 5315 is amended—
(A) by striking ‘‘(9)’’ after ‘‘Assistant Sec-
retaries of Defense’’ and inserting ‘‘(11)’’; and
(B) by adding at the end the following:
‘‘Inspector General, Defense Nuclear Programs
Administration.’’.
I
107TH CONGRESS
1ST SESSION
H. R. 3340
To amend title 5, United States Code, to allow certain catch-up contributions
to the Thrift Savings Plan to be made by participants age 50 or over.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 19, 2001
Mrs. MORELLA introduced the following bill; which was referred to the
Committee on Government Reform
A BILL
To amend title 5, United States Code, to allow certain catch-
up contributions to the Thrift Savings Plan to be made
by participants age 50 or over.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CATCH-UP CONTRIBUTIONS.
(a) CIVIL SERVICE RETIREMENT SYSTEM.—Para-
graph (2) of section 8351(b) of title 5, United States
Code, is amended by adding at the end the following:
‘‘(C) Notwithstanding any limitation under this para-
graph, an eligible participant (as defined by section 414(v)
of the Internal Revenue Code of 1986) may make such
additional contributions to the Thrift Savings Fund as are
permitted by such section 414(v) and regulations of the
Executive Director consistent therewith.’’.
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.—
(1) PROVISION
APPLICABLE
TO
EMPLOYEES
GENERALLY.—Subsection (a) of section 8432 of title
5, United States Code, is amended by adding at the
end the following:
‘‘(3) Notwithstanding any limitation under this sub-
section, an eligible participant (as defined by section
414(v) of the Internal Revenue Code of 1986) may make
such additional contributions to the Thrift Savings Fund
as are permitted by such section 414(v) and regulations
of the Executive Director consistent therewith.’’.
(2) PROVISION APPLICABLE TO CERTAIN OTHER
INDIVIDUALS.—Section 8440f of title 5, United
States Code, is amended—
(A) by striking ‘‘The maximum’’ and in-
serting ‘‘(a) The maximum’’; and
(B) by adding at the end the following:
‘‘(b) Notwithstanding any limitation under this sec-
tion, an eligible participant (as defined by section 414(v)
of the Internal Revenue Code of 1986) may make such
additional contributions to the Thrift Savings Fund as are
permitted by such section 414(v) and regulations of the
Executive Director consistent therewith.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect as of the earliest practicable
date, as determined by the Executive Director (appointed
under section 8474(a) of title 5, United States Code) in
regulations.
Æ
Deficit Control Act of 1985: Provided further, That such
amount shall be available only to the extent that an official
budget request, that includes designation of the entire
amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, is transmitted by the President to
the Congress.
CENTERS FOR DISEASE CONTROL AND PREVENTION
DISEASE CONTROL, RESEARCH, AND TRAINING
For an additional amount for ‘‘Disease Control, Re-
search, and Training’’ for baseline safety screening for the
emergency services personnel and rescue and recovery per-
sonnel who served in response to the September 11, 2001,
terrorist attacks on the United States, $12,000,000, to re-
main available until expended: Provided, That the amount
provided in this paragraph is designated by the Congress
as an emergency requirement pursuant to section
251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985: Provided further, That such
amount shall be available only to the extent that an official
budget request, that includes designation of the entire
amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, is transmitted by the President to
the Congress.
HR 3801 RFS
(A) schools with high percentages or num-
bers of students from low-income families, as
determined under section 1113(a)(5) of the Ele-
mentary and Secondary Education Act of 1965
(20 U.S.C. 6313(a)(5)), including such schools
in rural and urban areas, and schools partici-
pating in schoolwide programs under title I of
that Act (20 U.S.C. 6301 et seq.);
(B) local educational agencies in which
high percentages or numbers of school-age chil-
dren are from low-income families, as deter-
mined under section 1124(c)(1)(A) of the Ele-
mentary and Secondary Education Act of 1965
(20 U.S.C. 6333(c)(1)(A)), including such local
educational agencies in rural and urban areas;
and
(C) schools that have been identified for
school improvement under section 1116 of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 6316).
(4) REPORT
TO
SECRETARY.—Each regional
entity shall submit to the Secretary an annual re-
port, at such time, in such manner, and containing
such information as the Secretary may require,
which shall include the following:
and other services from United States-sponsored
programs.
(C) Take all necessary steps to ensure that
women refugees in camps, urban areas, and villages
are accessing high quality health and medical serv-
ices, particularly reproductive, maternal, and child
health services.
(2) Take all necessary steps to ensure that ref-
ugees that choose to return voluntarily to their place
of origin can do so in safety, dignity, and with pro-
tection of their rights. United States-sponsored ef-
forts shall not coerce or encourage refugees to re-
turn to their places of origin.
(e) PEACEKEEPING OPERATIONS.—With respect to
peacekeeping operations in Afghanistan and other coun-
tries of Central Asia, the applicable requirements are the
following:
(1) In preparation for deployment of peace-
keeping missions, provide training, guidelines, and
materials to military, police, and civilian personnel
on the protection, rights, and the particular needs of
women, as well as on the importance of involving
women in all peacekeeping and peace building meas-
ures.
(1) was provided health insurance coverage on
September 11, 2001, by the entity;
(2) lost such coverage, after September 11, 2001,
and before the date the entity is issued a Federal
credit instrument under section 2(a)(1), by reason of
the entity’s response to economic conditions arising
out of the terrorist attacks on the United States that
occurred on September 11, 2001; and
(3) is employed by such entity on the date of
issuance of such instrument.
(d) MAINTENANCE OF CURRENT BENEFIT LEVELS FOR
CURRENTLY INSURED EMPLOYEES.—Under the agreement
under subsection (a) and subject to subsection (e), the entity
shall not reduce the amount of health benefits or employer
contribution made for health insurance coverage for em-
ployees employed by the entity as of the date the entity is
issued a Federal credit instrument under section 2(a)(1)
below the level of such benefits and contributions in effect
on February 27, 2002.
(e) LIMITATIONS.—The obligation of a general avia-
tion entity—
(1) under subsections (b), (c), and (d) shall be
limited to a period of 6 months beginning on the date
the entity is issued a Federal credit instrument under
section 2(a)(1);
Comptroller General shall specifically address whether the
deposits collected under sections 1802(c) and 1802(d) of
the Atomic Energy Act of 1954 (42 U.S.C. 2297g-1(c)
and 2297g-1(d)) are sufficient to—
(1) pay for decontamination and decommis-
sioning activities pursuant to section 1803(b) of the
Atomic Energy Act of 1954 (42 U.S.C. 2297g-2(b));
(2) pay for the remedial action costs pursuant
to section 1803(c) of such Act (42 U.S.C. 2297g-
2(c)); and
(3) pay for the remedial action costs pursuant
to section 1001(b)(2)(C) and (D) of the Energy Pol-
icy Act of 1992 (42 U.S.C. 2296a(b)(2)(C) and
(D)).
Passed the House of Representatives December 18,
2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 3348
AN ACT
To designate the National Foreign Affairs Training Center
as the George P. Shultz National Foreign Affairs Train-
ing Center.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
(2) Encourage individuals and organizations
that will provide training to consult with women’s
organizations within and outside of Afghanistan and
other countries of Central Asia to develop appro-
priate training content and materials.
(f) DEFINITION.—In this section, the term ‘‘other
countries of Central Asia’’ means Pakistan, Tajikistan,
Turkmenistan, Kazakhstan, and Uzbekistan.
SEC. 4. REPORT.
Not later than 60 days after the date of the enact-
ment of this Act, the President shall prepare and transmit
to Congress a report that contains documentation (includ-
ing documentation using data disaggregated by gender)
of the progress in implementing the requirements of sec-
tion 3.
Æ
107TH CONGRESS
1ST SESSION
H. R. 3343
AN ACT
To amend title X of the Energy Policy Act of 1992,
and for other purposes.
107TH CONGRESS
1ST SESSION
H. R. 3343
AN ACT
To amend title X of the Energy Policy Act of 1992, 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. REAUTHORIZATION OF THORIUM REIMBURSE-
MENT.
(a) 
PAYMENTS
TO
LICENSEES.—Section
1001(b)(2)(C) of the Energy Policy Act of 1992 (42
U.S.C. 2296a(b)(2)(C)) is amended—
(1) by striking ‘‘$140,000,000’’ and inserting
‘‘$365,000,000’’; and
(2) by adding at the end the following: ‘‘Such
payments shall not exceed the following amounts:
‘‘(i) $90,000,000 in fiscal year 2002.
‘‘(ii) $55,000,000 in fiscal year 2003.
‘‘(iii) $20,000,000 in fiscal year 2004.
‘‘(iv) $20,000,000 in fiscal year 2005.
‘‘(v) $20,000,000 in fiscal year 2006.
‘‘(vi) $20,000,000 in fiscal year 2007.
Any amounts authorized to be paid in a fiscal
year under this subparagraph that are not paid
in that fiscal year may be paid in subsequent
fiscal years.’’.
(b) AUTHORIZATION.—Section 1003(a) of such Act
(42 U.S.C. 2296a–2(a)) is amended by striking
‘‘$490,000,000’’ and inserting ‘‘$715,000,000’’.
(c) DEPOSITS.—Section 1802(a) of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2297g–1(a)) is amended by
striking ‘‘$488,333,333’’ and inserting ‘‘$518,233,333’’
and by inserting after ‘‘inflation’’ the phrase ‘‘beginning
on the date of the enactment of the Energy Policy Act
of 1992’’.
(d) PORTSMOUTH.—(1) Chapter 19 of the Atomic
Energy Act of 1954 (42 U.S.C. 2015 and following) is
amended by inserting the following after section 241:
‘‘SEC. 242. COLD STANDBY.
‘‘The Secretary is authorized to expend such funds
as may be necessary for the purposes of maintaining en-
richment capability at the Portsmouth, Ohio, facility.’’.
(2) The table of contents for such chapter is amended
by inserting the following new item after the item relating
to section 241:
‘‘Sec. 242. Cold standby.’’.
SEC. 2. COMPTROLLER GENERAL AUDIT.
The Comptroller General shall conduct an audit on
the Uranium Enrichment Decontamination and Decom-
missioning Fund established under section 1801 of the
Atomic Energy Act of 1954 (42 U.S.C. 2297g). Not later
than March 1, 2003, the Comptroller General shall trans-
mit to the Congress a report on the results of the audit.
Such report shall assess whether the Fund as currently
authorized will be of sufficient size and duration for car-
rying out decontamination and decommissioning and re-
medial action activities anticipated to be paid for from the
fund, and shall include recommendations for minimizing
increases in such activities. In conducting the audit, the
and around the World Trade Center area, disloca-
tions for workers employed in businesses serving cli-
ents in and around the World Trade Center area,
the effect of the attacks on travel and tourism in the
New York City area, and the effect of the attacks
on the ability of businesses to distribute goods and
services in the New York City area.
(4) STATE OPTION TO ELECT ADMINISTRATION
OF PROGRAM.—
(A) IN GENERAL.—A State may elect to
administer the premium assistance program es-
tablished under this section if the State submits
to the Secretary of the Treasury, not later than
January 1, 2002, a plan that describes how the
State will administer such program on behalf of
qualified individuals who reside in the State be-
ginning on that date.
(B) PAYMENTS.—In the case of a State
that submits a plan under subparagraph (A),
subject to subsection (k), the Secretary of the
Treasury shall pay to each such State an
amount for each quarter equal to the total
amount of premium subsidies provided in that
quarter on behalf of such individuals.
I
107TH CONGRESS
1ST SESSION
H. R. 3343
To amend title X of the Energy Policy Act of 1992, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 19, 2001
Mr. SHIMKUS (for himself, Mr. RUSH, Mr. LARGENT, and Mr. NORWOOD) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce
A BILL
To amend title X of the Energy Policy Act of 1992, 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. REAUTHORIZATION OF THORIUM REIMBURSE-
MENT.
(a) Section 1001(b)(2)(C) of the Energy Policy Act
of 1992 (42 U.S.C. 2296a(b)(2)(C)) is amended by strik-
ing ‘‘$140,000,000’’ and inserting ‘‘$365,000,000’’.
(b) Section 1003(a) of such Act (42 U.S.C. 2296a–
2(a)) is amended by striking ‘‘$490,000,000’’ and insert-
ing ‘‘$715,000,000’’.
(c) Section 1802(a) of the Atomic Energy Act of
1954 (42 U.S.C. 2297g–1(a)) is amended by striking
‘‘$488,333,333’’ and inserting ‘‘$525,833,333’’.
Æ
‘‘(v) WAIVER AUTHORIZED.—For pro-
vision authorizing waiver of clause (i), see 
subsection (d)(13).’’. 
TITLE II—EARNED ACCESS TO 
LEGALIZATION 
AND 
REG-
ISTRY UPDATE 
SEC. 201. ADJUSTMENT OF STATUS ON THE BASIS OF 
EARNED ACCESS TO LEGALIZATION. 
(a) IN GENERAL.—Chapter 5 of title II of the Immi-
gration and Nationality Act (8 U.S.C.1255 et seq.) is 
amended by inserting after section 245A the following: 
‘‘ADJUSTMENT OF STATUS ON THE BASIS OF EARNED 
ACCESS TO LEGALIZATION 
‘‘SEC. 245B. (a) IN GENERAL.—The Secretary of 
Homeland Security may adjust the status of an alien to 
that of an alien lawfully admitted for permanent residence 
if the alien—
‘‘(1) was physically present in the United 
States for a continuous period of not less than 5 
years immediately preceding the date on which this 
provision was enacted and has maintained contin-
uous physical presence since then; 
‘‘(2) has at all times been a person of good 
moral character; 
‘‘(3) has never been convicted of a criminal of-
fense in the United States;
‘‘(4) in the case of an alien who is 18 years of 
age or older, but who is not over the age of 65, has 
successfully completed a course on reading, writing, 
and speaking words in ordinary usage in the English 
language, unless unable to do so on account of phys-
ical or developmental disability or mental impair-
ment; 
‘‘(5) in the case of an alien 18 years of age or 
older, has accepted the values and cultural life of the 
United States; and 
‘‘(6) in the case of an alien 18 years of age or 
older, has performed at least 40 hours of community 
service. 
‘‘(b) TREATMENT OF BRIEF, CASUAL, AND INNO-
CENT ABSENCES.—An alien shall not be considered to 
have failed to maintain a continuous presence in the 
United States for purposes of subsection (a)(1) by virtue 
of brief, casual, and innocent absences from the United 
States. 
‘‘(c) ADMISSIBLE AS IMMIGRANT.—
‘‘(1) IN
GENERAL.—The alien shall establish 
that the alien is admissible to the United States as 
immigrant, except as otherwise provided in para-
graph (2).
IB
Union Calendar No. 204
107TH CONGRESS
1ST SESSION
H. R. 3343
[Report No. 107–341]
To amend title X of the Energy Policy Act of 1992, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 19, 2001
Mr. SHIMKUS (for himself, Mr. RUSH, Mr. LARGENT, and Mr. NORWOOD) in-
troduced the following bill; which was referred to the Committee on En-
ergy and Commerce
DECEMBER 18, 2001
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend title X of the Energy Policy Act of 1992, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,