datamatters24/research-document-archive huggingface dataset:
SEC. 7. ENFORCEMENT.
(a) FINE.—Any commercial user, hotel, motel, or
similar transient lodging facility who knowingly violates
section 4 is punishable by a fine not exceeding $1,000.
(b) INJUNCTION.—Any person may maintain an ac-
tion in a district court of the United States against any
commercial user, hotel, motel, or similar transient lodging
facility who violates section 4 to enjoin the manufacture,
sale, contract to sell, contract to resell, lease, subletting,
or otherwise place in the stream of commerce any full-
size or non full-size crib which is unsafe for any infant
using the crib, and for reasonable attorneys fees and costs.
SEC. 8. REMEDIES.
Fines or other remedies available under this Act are
in addition to any other fines, penalties, remedies, or pro-
cedures under any other provision of law.
SEC. 9. EFFECTIVE DATE.
This Act shall become effective 90 days from the date
of its enactment.
Æ
projects shall be nondiscriminatory as to race, color, reli-
gion, or national origin.’’.
Æ
V
106TH CONGRESS
1ST SESSION
H. R. 2487
For the relief of Phin Cohen, M.D.
IN THE HOUSE OF REPRESENTATIVES
JULY 12, 1999
Mr. FRANK of Massachusetts introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
For the relief of Phin Cohen, M.D.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That the Secretary of the Treasury shall pay, out of any
moneys in the Treasury not otherwise appropriated, to
Phin Cohen, M.D., of Brookline, Massachusetts, the sum
of $927,966, in compensation for losses Dr. Cohen in-
curred as a result of providing information that enabled
the United States to recoup $15 million of misallocated
Federal research grant funds.
Æ
277
$500 shall be rounded to the next lowest mul-
tiple of $500.’’.
(f) SIMPLE RETIREMENT ACCOUNTS.—
(1) 
LIMITATION.—Clause 
(ii) 
of 
section
408(p)(2)(A) (relating to general rule for qualified
salary reduction arrangement) is amended by strik-
ing ‘‘$6,000’’ and inserting ‘‘the applicable dollar
amount’’.
(2) APPLICABLE DOLLAR AMOUNT.—Subpara-
graph (E) of 408(p)(2) is amended to read as fol-
lows:
‘‘(E) APPLICABLE DOLLAR AMOUNT; COST-
OF-LIVING ADJUSTMENT.—
‘‘(i) IN
GENERAL.—For purposes of
subparagraph (A)(ii), the applicable dollar
amount shall be the amount determined in
accordance with the following table:
‘‘Year:
Applicable dollar amount:
2001 ..................................................................
$7,000
2002 ..................................................................
$8,000
2003 ..................................................................
$9,000
2004 or thereafter ............................................
$10,000.
‘‘(ii) COST-OF-LIVING ADJUSTMENT.—
In the case of a year beginning after De-
cember 31, 2004, the Secretary shall ad-
just the $10,000 amount under clause (i)
at the same time and in the same manner
as under section 415(d), except that the
375
‘‘(2) COORDINATION
WITH
OTHER
PROVI-
SIONS.—Nothing in CERCLA or the Superfund
Amendments and Reauthorization Act of 1986 (or in
any amendment made by either of such Acts) shall
authorize the payment by the United States Govern-
ment of any amount with respect to any such claim
out of any source other than the Environmental Re-
mediation Trust Fund.
‘‘(3) ORDER IN WHICH UNPAID CLAIMS ARE TO
BE PAID.—If at any time the Environmental Reme-
diation Trust Fund has insufficient funds to pay all
of the claims payable out of the Environmental Re-
mediation Trust Fund at such time, such claims
shall, to the extent permitted under paragraph (1),
be paid in full in the order in which they were finally
determined.’’.
(b) CONFORMING AMENDMENTS.—
(1) Subsections (c) and (d) of section 4611 are
each amended by striking ‘‘Hazardous Substance
Superfund’’ each place it appears and inserting ‘‘En-
vironmental Remediation Trust Fund’’.
(2) Subsection (c) of section 4661 is amended
by striking ‘‘Hazardous Substance Superfund’’ and
inserting ‘‘Environmental Remediation Trust Fund’’.
‘‘(9) MEMBERS OF UNIFORMED SERVICES AND
FOREIGN SERVICE.—
‘‘(A) IN GENERAL.—The running of the 5-
year period described in subsection (a) shall be
suspended with respect to an individual during
any time that such individual or such individ-
ual’s spouse is serving on qualified official ex-
tended duty as a member of the uniformed
services or of the Foreign Service.
‘‘(B) QUALIFIED
OFFICIAL
EXTENDED
DUTY.—For purposes of this paragraph—
‘‘(i) IN GENERAL.—The term ‘quali-
fied official extended duty’ means any pe-
riod of extended duty as a member of the
uniformed services or a member of the
Foreign Service during which the member
serves at a duty station which is at least
50 miles from such property or is under
Government orders to reside in Govern-
ment quarters.
‘‘(ii) 
UNIFORMED
SERVICES.—The
term ‘uniformed services’ has the meaning
given such term by section 101(a)(5) of
title 10, United States Code, as in effect
pears and inserting ‘‘tobacco product’’ and ‘‘tobacco 
products’’ respectively. 
(f) NON-PREEMPTION.—Nothing in this title or the 
amendments made by this title shall be construed to pro-
hibit an authorized State official from proceeding in State 
court on the basis of an alleged violation of State law. 
TITLE III—WHISTLEBLOWER 
PROTECTION PROVISIONS 
SEC. 301. WHISTLEBLOWER PROTECTION. 
(a) IN GENERAL.—Chapter 73 of title 18, United 
States Code, is amended by inserting after section 1514 
the following: 
‘‘§ 1514B. Civil action to protect against retaliation in 
contraband tobacco cases 
‘‘(a) WHISTLEBLOWER PROTECTION FOR CONTRA-
BAND TOBACCO.—No person may discharge, demote, sus-
pend, threaten, harass, or in any other manner discrimi-
nate against an employee in the terms and conditions of 
employment because of any lawful act done by the em-
ployee— 
‘‘(1) to provide information, cause information 
to be provided, or otherwise assist in an investiga-
tion regarding any conduct which the employee rea-
sonably believes constitutes a violation of section 
2342 or any other provision of Federal law relating
to contraband tobacco, when the information or as-
sistance is provided to or the investigation is con-
ducted by— 
‘‘(A) a Federal regulatory or law enforce-
ment agency; 
‘‘(B) any Member of Congress or any com-
mittee of Congress; or 
‘‘(C) a person with supervisory authority 
over the employee (or such other person work-
ing for the employer who has the authority to 
investigate, discover, or terminate misconduct); 
or 
‘‘(2) to file, cause to be filed, testify, participate 
in, or otherwise assist in a proceeding filed or about 
to be filed (with any knowledge of the employer) re-
lating to an alleged violation of section 2342, or any 
provision of Federal law relating to contraband to-
bacco. 
‘‘(b) ENFORCEMENT ACTION.— 
‘‘(1) IN GENERAL.—A person who alleges dis-
charge or other discrimination by any person in vio-
lation of subsection (a) may seek relief under sub-
section (c), by— 
‘‘(A) filing a complaint with the Secretary 
of Labor; or
‘‘(B) if the Secretary has not issued a final 
decision within 180 days of the filing of the 
complaint and there is no showing that such 
delay is due to the bad faith of the claimant, 
bringing an action at law or equity for de novo 
review in the appropriate district court of the 
United States, which shall have jurisdiction 
over such an action without regard to the 
amount in controversy. 
‘‘(2) PROCEDURE.— 
‘‘(A) IN GENERAL.—An action under para-
graph (1)(A) shall be governed under the rules 
and procedures set forth in section 42121(b) of 
title 49, United States Code. 
‘‘(B) 
EXCEPTION.—Notification 
made 
under section 42121(b)(1) of title 49, United 
States Code, shall be made to the person named 
in the complaint and to the employer. 
‘‘(C) BURDENS
OF
PROOF.—An action 
brought under paragraph (1)(B) shall be gov-
erned by the legal burdens of proof set forth in 
section 42121(b) of title 49, United States 
Code. 
‘‘(D) STATUTE OF LIMITATIONS.—An ac-
tion under paragraph (1) shall be commenced
126
rectly or through an underwriter) from the
corporation solely in exchange for cash;
‘‘(ii) as of the time such stock was
issued, such corporation was a renewal
community business (or, in the case of a
new corporation, such corporation was
being organized for purposes of being a re-
newal community business); and
‘‘(iii) during substantially all of the
taxpayer’s holding period for such stock,
such corporation qualified as a renewal
community business.
‘‘(B) REDEMPTIONS.—A rule similar to the
rule of section 1202(c)(3) shall apply for pur-
poses of this paragraph.
‘‘(3) QUALIFIED COMMUNITY PARTNERSHIP IN-
TEREST.—The term ‘qualified community partner-
ship interest’ means any capital or profits interest in
a domestic partnership if—
‘‘(A) such interest is acquired by the tax-
payer after December 31, 2000, and before Janu-
ary 1, 2008;
‘‘(B) as of the time such interest was ac-
quired, such partnership was a renewal commu-
nity business (or, in the case of a new partner-
239
SEC. 1103. TAXABLE REIT SUBSIDIARY.
(a) IN GENERAL.—Section 856 is amended by adding
at the end the following new subsection:
‘‘(l) TAXABLE REIT SUBSIDIARY.—For purposes of
this part—
‘‘(1) IN GENERAL.—The term ‘taxable REIT sub-
sidiary’ means, with respect to a real estate invest-
ment trust, a corporation (other than a real estate in-
vestment trust) if—
‘‘(A) such trust directly or indirectly owns
stock in such corporation, and
‘‘(B) such trust and such corporation joint-
ly elect that such corporation shall be treated as
a taxable REIT subsidiary of such trust for pur-
poses of this part.
Such an election, once made, shall be irrevocable un-
less both such trust and corporation consent to its rev-
ocation. Such election, and any revocation thereof,
may be made without the consent of the Secretary.
‘‘(2) 35 PERCENT OWNERSHIP IN ANOTHER TAX-
ABLE
REIT
SUBSIDIARY.—The term ‘taxable REIT
subsidiary’ includes, with respect to any real estate
investment trust, any corporation (other than a real
estate investment trust) with respect to which a tax-
able REIT subsidiary of such trust owns directly or
indirectly—
240
‘‘(A) securities possessing more than 35 per-
cent of the total voting power of the outstanding
securities of such corporation, or
‘‘(B) securities having a value of more than
35 percent of the total value of the outstanding
securities of such corporation.
The preceding sentence shall not apply to a qualified
REIT subsidiary (as defined in subsection (i)(2)).
The rule of section 856(c)(7) shall apply for purposes
of subparagraph (B).
‘‘(3) EXCEPTIONS.—The term ‘taxable REIT
subsidiary’ shall not include—
‘‘(A) any corporation which directly or in-
directly operates or manages a lodging facility
or a health care facility, and
‘‘(B) any corporation which directly or in-
directly provides to any other person (under a
franchise, license, or otherwise) rights to any
brand name under which any lodging facility or
health care facility is operated.
Subparagraph (B) shall not apply to rights provided
to an eligible independent contractor to operate or
manage a lodging facility if such rights are held by
such corporation as a franchisee, licensee, or in a
similar capacity and such lodging facility is either
(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
to, or repeal of, a section or other provision, the reference
shall be considered to be made to a section or other provi-
sion of the Internal Revenue Code of 1986.
(c) SECTION 15 NOT TO APPLY.—No amendment
made by this Act shall be treated as a change in a rate
of tax for purposes of section 15 of the Internal Revenue
Code of 1986.
(d) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; etc.
TITLE I—BROAD-BASED TAX RELIEF
Subtitle A—10-Percent Reduction in Individual Income Tax Rates
Sec. 101. 10-percent reduction in individual income tax rates.
Subtitle B—Marriage Penalty Tax Relief
Sec. 111. Elimination of marriage penalty in standard deduction.
Sec. 112. Elimination of marriage penalty in deduction for interest on edu-
cation loans.
Sec. 113. Rollover from regular IRA to Roth IRA.
Subtitle C—Repeal of Alternative Minimum Tax on Individuals
Sec. 121. Repeal of Alternative Minimum Tax on Individuals.
TITLE II—RELIEF FROM TAXATION ON SAVINGS AND
INVESTMENTS
Sec. 201. Exemption of certain interest and dividend income from tax.
Sec. 202. Reduction in individual capital gain tax rates.
Sec. 203. Capital gains tax rates applied to capital gains of designated settle-
ment funds.
Sec. 204. Special rule for members of uniformed services and foreign service,
and other employees, in determining exclusion of gain from
sale of principal residence.
Sec. 205. Treatment of certain dealer derivative financial instruments, hedging
transactions, and supplies as ordinary assets.
Subtitle E—Tax Court Provisions
Sec. 1341. Tax Court filing fee in all cases commenced by filing petition.
Sec. 1342. Expanded use of Tax Court practice fee.
Sec. 1343. Confirmation of authority of Tax Court to apply doctrine of equi-
table recoupment.
TITLE XIV—EXTENSIONS OF EXPIRING PROVISIONS
Sec. 1401. Research credit.
Sec. 1402. Subpart F exemption for active financing income.
Sec. 1403. Taxable income limit on percentage depletion for marginal produc-
tion.
Sec. 1404. Work Opportunity Credit and Welfare-to-Work Credit.
TITLE XV—REVENUE OFFSETS
Sec. 1501. Returns relating to cancellations of indebtedness by organizations
lending money.
Sec. 1502. Extension of Internal Revenue Service user fees.
Sec. 1503. Limitations on welfare benefit funds of 10 or more employer plans.
Sec. 1504. Increase in elective withholding rate for nonperiodic distributions
from deferred compensation plans.
Sec. 1505. Controlled entities ineligible for REIT status.
Sec. 1506. Treatment of gain from constructive ownership transactions.
Sec. 1507. Transfer of excess defined benefit plan assets for retiree health ben-
efits.
Sec. 1508. Modification of installment method and repeal of installment method
for accrual method taxpayers.
TITLE XVI—TECHNICAL CORRECTIONS
Sec. 1601. Amendments related to Tax and Trade Relief Extension Act of
1998.
Sec. 1602. Amendments related to Internal Revenue Service Restructuring and
Reform Act of 1998.
Sec. 1603. Amendments related to Taxpayer Relief Act of 1997.
Sec. 1604. Other technical corrections.
Sec. 1605. Clerical changes.
TITLE I—BROAD-BASED TAX
RELIEF
Subtitle A—10-Percent Reduction
in Individual Income Tax Rates
SEC. 101. 10-PERCENT REDUCTION IN INDIVIDUAL INCOME
TAX RATES.
(a) REGULAR INCOME TAX RATES.—
(1) IN GENERAL.—Subsection (f) of section 1 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
2000, each rate in such tables (without regard to
this paragraph) shall be reduced by the number of
percentage points (rounded to the next lowest tenth)
equal to the applicable percentage (determined in ac-
cordance with the following table) of such rate:
‘‘For taxable years beginning
The applicable
in calendar year—
percentage is—
2001 through 2004 ......................................................
2.5
2005 through 2007 ......................................................
5.0
2008 .............................................................................
7.5
2009 and thereafter .....................................................
10.0.’’
(2) TECHNICAL AMENDMENTS.—
(A) Subparagraph (B) of section 1(f)(2) is
amended by inserting ‘‘except as provided in
paragraph (8),’’ before ‘‘by not changing’’.
(B) Subparagraph (C) of section 1(f)(2) is
amended by inserting ‘‘and the reductions
under paragraph (8) in the rates of tax’’ before
the period.
(C) The heading for subsection (f) of sec-
tion 1 is amended by inserting ‘‘RATE REDUC-
TIONS;’’ before ‘‘ADJUSTMENTS’’.
on the date of the enactment of the Finan-
cial Freedom Act of 1999.
‘‘(iii) FOREIGN
SERVICE
OF
THE
UNITED
STATES.—The term ‘member of
the Foreign Service’ has the meaning given
the term ‘member of the Service’ by para-
graph (1), (2), (3), (4), or (5) of section
103 of the Foreign Service Act of 1980, as
in effect on the date of the enactment of
the Financial Freedom Act of 1999.
‘‘(iv) EXTENDED
DUTY.—The term
‘extended duty’ means any period of active
duty pursuant to a call or order to such
duty for a period in excess of 90 days or
for an indefinite period.
‘‘(10) OTHER EMPLOYEES.—
‘‘(A) IN GENERAL.—The running of the 5-
year period described in subsection (a) shall be
suspended with respect to an individual during
any time that such individual or such individ-
ual’s spouse is serving as an employee for a pe-
riod in excess of 90 days in an assignment by
the such employee’s employer outside the
United States.
‘‘(B) LIMITATIONS AND SPECIAL RULES.—
‘‘(i) MAXIMUM
PERIOD
OF
SUSPEN-
SION.—The suspension under subpara-
graph (A) with respect to a principal resi-
dence shall not exceed (in the aggregate) 5
years.
‘‘(ii) MEMBERS OF UNIFORMED SERV-
ICES
AND
FOREIGN
SERVICE.—Subpara-
graph (A) shall not apply to an individual
to whom paragraph (9) applies.
‘‘(iii) SELF-EMPLOYED
INDIVIDUAL
NOT
CONSIDERED
AN
EMPLOYEE.—For
purposes of this paragraph, the term ‘em-
ployee’ does not include an individual who
is an employee within the meaning of sec-
tion 401(c)(1) (relating to self-employed
individuals).’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to sales and exchanges after the
date of the enactment of this Act.
SEC. 205. TREATMENT OF CERTAIN DEALER DERIVATIVE
FINANCIAL INSTRUMENTS, HEDGING TRANS-
ACTIONS, AND SUPPLIES AS ORDINARY AS-
SETS.
(a) IN GENERAL.—Section 1221 (defining capital as-
sets) is amended—
‘‘SEC. 1201. ALTERNATIVE TAX FOR CORPORATIONS.
‘‘(a) GENERAL RULE.—If for any taxable year a cor-
poration has a net capital gain, then, in lieu of the tax
imposed by sections 11, 511, or 831(a) or (b), there is
hereby imposed a tax (if such tax is less than the tax im-
posed by such sections) which shall consist of the sum of—
‘‘(1) a tax computed on the taxable income re-
duced by the net capital gain, at the rates and in
the manner as if this subsection had not been en-
acted, plus
‘‘(2) the applicable percentage of the net capital
gain (or, if less, taxable income).
‘‘(b) APPLICABLE PERCENTAGE.—For purposes of
subsection (a), the applicable percentage shall be deter-
mined in accordance with the following table:
‘‘For taxable years beginning
The applicable
in calendar year—
percentage is—
2000 .............................................................................................
2001 .............................................................................................
2002 .............................................................................................
2003 .............................................................................................
2004 .............................................................................................
2005 .............................................................................................
2006 .............................................................................................
2007 .............................................................................................
2008 .............................................................................................
2009 and thereafter .....................................................................
25.
‘‘(c) CROSS REFERENCES.—For computation of the
alternative tax—
‘‘(1) in the case of life insurance companies, see
section 801(a)(2),
cable State or local law are met with respect to
such education.
‘‘(C) SCHOOL.—The term ‘school’ means
any school which provides elementary education
or secondary education (kindergarten through
grade 12), as determined under State law.’’
(3) CONFORMING AMENDMENTS.—Section 530
is amended—
(A) by striking ‘‘higher’’ each place it ap-
pears in subsections (b)(1) and (d)(2), and
(B) by striking ‘‘HIGHER’’ in the heading
for subsection (d)(2).
(c) WAIVER OF AGE LIMITATIONS FOR CHILDREN
WITH SPECIAL NEEDS.—Section 530(b)(1) (defining edu-
cation individual retirement account) is amended by add-
ing at the end the following flush sentence:
‘‘The age limitations in subparagraphs (A)(ii) and
(E) and paragraphs (5) and (6) of subsection (d)
shall not apply to any designated beneficiary with
special needs (as determined under regulations pre-
scribed by the Secretary).’’
(d) ENTITIES PERMITTED TO CONTRIBUTE TO AC-
COUNTS.—Section 530(c)(1) (relating to reduction in per-
mitted contributions based on adjusted gross income) is
amended by striking ‘‘The maximum amount which a con-
tributor’’ and inserting ‘‘In the case of a contributor who
is an individual, the maximum amount the contributor’’.
(e) TIME WHEN CONTRIBUTIONS DEEMED MADE.—
(1) IN GENERAL.—Section 530(b) (relating to
definitions and special rules), as amended by sub-
section (b)(2), is amended by adding at the end the
following new paragraph:
‘‘(5) TIME
WHEN
CONTRIBUTIONS
DEEMED
MADE.—An individual shall be deemed to have made
a contribution to an education individual retirement
account on the last day of the preceding taxable year
if the contribution is made on account of such tax-
able year and is made not later than the time pre-
scribed by law for filing the return for such taxable
year (not including extensions thereof).’’
(2) EXTENSION OF TIME TO RETURN EXCESS
CONTRIBUTIONS.—Subparagraph 
(C) 
of 
section
530(d)(4) (relating to additional tax for distribu-
tions 
not 
used 
for 
educational 
expenses) 
is
amended—
(A) by striking clause (i) and inserting the
following new clause:
‘‘(i) such distribution is made before
the 1st day of the 6th month of the taxable
year following the taxable year, and’’, and
(B) by striking ‘‘DUE DATE OF RETURN’’
in the heading and inserting ‘‘CERTAIN DATE’’.
(f) COORDINATION
WITH HOPE
AND
LIFETIME
LEARNING
CREDITS
AND
QUALIFIED
TUITION
PRO-
GRAMS.—
(1) IN
GENERAL.—Section 530(d)(2)(C) is
amended to read as follows:
‘‘(C) COORDINATION
WITH
HOPE
AND
LIFETIME LEARNING CREDITS AND QUALIFIED
TUITION PROGRAMS.—For purposes of subpara-
graph (A)—
‘‘(i) 
CREDIT
COORDINATION.—The
total amount of qualified higher education
expenses with respect to an individual for
the taxable year shall be reduced—
‘‘(I) 
as 
provided 
in 
section
25A(g)(2), and
‘‘(II) by the amount of such ex-
penses which were taken into account
in determining the credit allowed to
the taxpayer or any other person
under section 25A.
‘‘(ii) COORDINATION WITH QUALIFIED
TUITION
PROGRAMS.—If, with respect to
an individual for any taxable year—
‘‘(I) the aggregate distributions
during such year to which subpara-
graph (A) and section 529(c)(3)(B)
apply, exceed
‘‘(II) the total amount of quali-
fied education expenses (after the ap-
plication of clause (i)) for such year,
the taxpayer shall allocate such expenses
among such distributions for purposes of
determining the amount of the exclusion
under 
subparagraph 
(A) 
and 
section
529(c)(3)(B).’’
(2) CONFORMING AMENDMENTS.—
(A) Subsection (e) of section 25A is
amended to read as follows:
‘‘(e) ELECTION NOT TO HAVE SECTION APPLY.—A
taxpayer may elect not to have this section apply with re-
spect to the qualified tuition and related expenses of an
individual for any taxable year.’’
(B) Section 135(d)(2)(A) is amended by
striking ‘‘allowable’’ and inserting ‘‘allowed’’.
(C) Section 530(d)(2)(D) is amended—
(i) by striking ‘‘or credit’’, and
(ii) by striking ‘‘CREDIT OR’’ in the
heading.