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BILLS-106hres159rh

Providing for consideration of the bill (H.R. 1664) making emergency supplemental appropriations for military operations, refugee relief, and humanitarian assistance relating to the conflict in Kosovo, and for military operations in Southwest Asia for the fiscal year ending September 30, 1999, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 159 Reported in House (RH)] House Calendar No. 52 106th CONGRESS 1st Session H. RES. 159 [Report No. 106-127] Providing for consideration of the bill (H.R. 1664) making emergency supplemental appropriations for military operations, refugee relief, and humanitarian assistance relating to the conflict in Kosovo, and for military operations in Southwest Asia for the fiscal year ending September 30, 1999, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mrs. Myrick, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1664) making emergency supplemental appropriations for military operations, refugee relief, and humanitarian assistance relating to the conflict in Kosovo, and for military operations in Southwest Asia for the fiscal year ending September 30, 1999, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1664) making emergency supplemental appropriations for military operations, refugee relief, and humanitarian assistance relating to the conflict in Kosovo, and for military operations in Southwest Asia for the fiscal year ending September 30, 1999, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 4 of rule XIII or section 306 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived. Before consideration of any other amendment it shall be in order to consider the amendments printed in the report of the Committee on Rules accompanying this resolution. Each amendment printed in the report may be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against the amendments printed in the report are waived. During consideration of the bill for further amendment, the chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. During consideration of the bill, points of order against amendments for failure to comply with clause 2(e) of rule XXI are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 52 106th CONGRESS 1st Session H. RES. 159 [Report No. 106-127] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1664) making emergency supplemental appropriations for military operations, refugee relief, and humanitarian assistance relating to the conflict in Kosovo, and for military operations in Southwest Asia for the fiscal year ending September 30, 1999, and for other purposes. _______________________________________________________________________ May 5, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:57.046886

BILLS-106hres163ih

Expressing the sense of the House of Representatives with respect to postpartum depression.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 163 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 163 Expressing the sense of the House of Representatives with respect to postpartum depression. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Kingston (for himself and Mrs. Capps) submitted the following resolution; which was referred to the Committee on Commerce _______________________________________________________________________ RESOLUTION Expressing the sense of the House of Representatives with respect to postpartum depression. Whereas postpartum depression is the name given to a wide range of emotional, psychological, and physiological reactions to childbirth including loneliness, sadness, fatigue, low self-esteem, loss of identity, increased vulnerability, irritability, confusion, disorientation, memory impairment, agitation, and anxiety, which challenge the stamina of the new mother suffering from postpartum depression and can intensify and impair her ability to function and nurture her newborn(s); Whereas as many as 400,000 American women will suffer from postpartum depression this year and will require treatment. This constitutes up to 20 percent of women who give birth. Incidence of mild, ``transitory blues'' ranges from 500 to 800 cases per 1,000 births (50 to 80 percent); Whereas postpartum depression is the result of a chemical imbalance triggered by a sudden dramatic drop in hormonal production after the birth of a baby, especially in women who have an increased risk. Those women at highest risk are those with a previous psychiatric difficulty, such as depression, anxiety, or panic disorder. Levels of risk are greater for those with a family member suffering from the same, including alcoholism; Whereas women are more likely to suffer from mood and anxiety disorders during pregnancy and following childbirth than at any other time in their lives. 70 to 80 percent of all new mothers suffer some degree of postpartum mood disorder lasting anywhere from a week to as much as a year or more. Approximately 10 to 20 percent of new mothers experience a paralyzing, diagnosable clinical depression; Whereas many new mothers suffering from postpartum depression require counseling and treatment, yet many do not realize that they require help. It is imperative that the health care provider who treats her has a thorough understanding of this disorder. Those whose illness is severe may require medication to correct the underlying brain chemistry that is disturbed. This often debilitating condition has typically been a silent condition suffered privately by women because of the feelings of shame or guilt; Whereas postpartum depression frequently strikes without warning in women without any past emotional problems, without any history of depression and without any complications in pregnancy. Postpartum depression strikes mothers who are in very satisfying marriages as well as those who are single. It strikes women who had easy pregnancies and deliveries, as well as women who suffered prolonged, complicated labors and caesarean section deliveries. Symptoms may appear at any time after delivery, often after the woman has returned home from the hospital. It may strike after the first, third, or even fourth birth; Whereas postpartum depression is not a new phenomenon. Hippocrates observed the connection between childbirth and mental illness over 2,000 years ago. Louis V. Marce, a French physician, detailed the identifiable signs and symptoms of postpartum depression in 1858; Whereas the most extreme and rare form of this condition, called postpartum psychosis, hosts a quick and severe onset, usually within 3 months. 80 percent of all cases of this more extreme form present within 3 to 14 days after delivery with intensifying symptoms; once suffered recurrence rate with subsequent pregnancies is high; Whereas postpartum mood disorders occur after the mother has had frequent contact prenatally with health care professionals who might identify symptoms and those at risk. In the United States, where medical surveillance of new mothers often lapses between discharge from the hospital and the physical checkup 6 weeks later, the recognition of postpartum illness is left mainly to chance. The focus of the 6-week checkup is on the medical aspects of her reproductive system and not her mental health; Whereas having a baby often marks one of the happiest times in a woman's life. For 9 months, she awaits her child's birth with a whole range of emotions ranging from nervous anticipation to complete joy. Society is quite clear about what her emotions are expected to be once the baby is born. Joy and other positive feelings are emphasized, while sadness and other negative emotions are minimized. It is culturally acceptable to be depressed after a death or divorce but not by the arrival of an infant. Because of the social stigma surrounding depression after delivery, women are afraid to say that something is wrong if they are experiencing something different than what they are expected to feel. Mothers are ashamed, fearful, and embarrassed to share their negative feelings and can also be fearful of losing their babies; Whereas treatment can significantly reduce the duration and severity of postpartum psychiatric illness; Whereas postpartum depression dramatically distorts the image of perfect new motherhood and is often dismissed by those suffering and those around her. It is thought to be a weakness on the part of the sufferer--self- induced an self-controllable; Whereas education can help take away the ``stigma'' of postpartum depression and can make it easier to detect and diagnose this disorder in its earliest stages, preventing the most severe cases; Whereas at present, the United States lacks any organized treatment protocol for postpartum depression. Sufferers have few treatment resources. The United States lags behind most other developed countries in providing such information, support, and treatment; Whereas the United States Government and its agencies collect very little data on postpartum illness; Whereas if early recognition and treatment are to occur, postpartum depression must be discussed in childbirth classes and obstetrical office visits, as are conditions, such as hemorrhage and sepsis; Whereas early detection, diagnosis, and treatment of postpartum illness will become easier if public education is enhanced to lift the social stigma, thereby increasing the chance that women will inform others of her symptoms as she would for physical complications; Whereas research shows that in the first few weeks after delivery, a woman's chance of requiring a psychiatric admission is 7 times higher than at any other time in her life. It is estimated that as many as 90 percent realize something is wrong, but less than 2 percent report symptoms to their health care provider. The remaining individuals are either undiagnosed, misdiagnosed, or seek no medical assistance; Whereas it is estimated that as many as 90 percent of women realize something is wrong; however less than 2 percent report symptoms to their health care provider. Only about 20 percent of women with the disorder receive treatment. The remaining individuals are either undiagnosed, misdiagnosed, or seek no medical assistance; Whereas in addition to the mother, the effects of postpartum depression can also impact the child and the father significantly. Infants of mothers with postpartum depression are at risk for socioemotional difficulties in life. Maternal depression can affect the mother's ability to respond sensitively to her infant's needs. A depressed mother is less likely to provide her children with appropriate levels of stimulation and to express positive affect. Research generally shows that children who receive warm and responsive caregiving from the moment of birth and are securely attached to their caregivers cope with difficult times more easily when they are older. They are more curious, get along better with other children, and perform better in school than those who are less securely attached; Whereas a mother's marriage can also become severely strained when dealing with a postpartum illness. Husbands/fathers feel anxious and helpless, not understanding what is going wrong or what is the source of the depression. They can express exasperation and even resentment as a result of the problems created by the illness. They are also more likely to become depressed themselves, further compromising the functioning of the family. Lack of support from the partner can contribute to the development or continuation of postpartum depression. Husbands, partners, family members, and friends need access to information on these issues in order to support their wives, relatives, or friends; Whereas severe postpartum illness can obstruct the important pattern of friendship and support that most couples with newborns tend to form. Family units as a whole can experience isolation; Whereas education is helpful to new parents coping with these emotional and hormonal changes and also helps them to decide if and when they need to seek outside help; and Whereas postpartum depression is one of the most treatable and curable of all forms of mental illness. Learning about postpartum depression helps prevent it and relieve it: Now, therefore, be it Resolved, That the House of Representatives-- (1) recommends that all hospitals and clinics which deliver babies provide departing new mothers and fathers or family members with complete information about postpartum depression, its symptoms, methods of coping with it, and treatment resources; (2) encourages all obstetricians to inquire prenatally about any psychiatric problems the mother may have experienced, including substance abuse, existence of the above in any family members, and, ideally screen for ongoing depression; (3) encourages all obstetricians to screen new mothers for postpartum depression symptoms prior to discharge from the hospital and again when they bring in their babies for early checkups; (4) recommends that appropriate health care professionals be trained specifically in screening women for signs of postpartum depression in order to improve chances of early detection; (5) recognizes that a coordinated system of registry should be developed to collect data on mental disorders in the new mother and that the National Institutes of Health should undertake additional research on postpartum psychiatric illnesses; (6) recognizes the impact of a mother's postpartum depression on fathers and other family members as well and strongly encourages that they be included in both the education and treatment processes to help them better understand the nature and causes of postpartum depression so they too can overcome the spillover effects of the condition and improve their ability to be supportive; and (7) calls on the citizens of the United States, particularly the medical community, to learn more about postpartum depression, how to educate women and families about it, and thus ultimately lower the likelihood that women around the country will continue to suffer in silence. <all>

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2024-06-24T03:05:57.202619

BILLS-106hres165ath

Acknowledging the dedication and sacrifice made by the men and women who have lost their lives while serving as law enforcement officers.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 165 Agreed to House (ATH)] 106th CONGRESS 1st Session H. RES. 165 Acknowledging the dedication and sacrifice made by the men and women who have lost their lives while serving as law enforcement officers. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Hefley (for himself, Mr. Saxton, Mr. McHugh, Mr. Moran of Virginia, Mr. Holden, Mr. Reyes, Mr. Crowley, Mr. Shows, Mr. Underwood, Mr. Tancredo, Mr. Clement, Mr. Sherman, Mr. Cramer, Mr. LaTourette, Mr. Metcalf, Mr. Oxley, Mr. Frost, Mrs. Kelly, Mr. Luther, Mr. English, Mrs. Thurman, Mr. Lucas of Oklahoma, Mr. Brown of Ohio, Mr. Young of Florida, Mr. McNulty, Mr. Ney, Mr. Taylor of Mississippi, Mr. Rangel, Mr. Schaffer, Mr. Calvert, Mr. Foley, Mr. Gary Miller of California, Mr. Gibbons, Mr. Archer, Mr. Etheridge, Mr. Ehrlich, Ms. DeGette, Mr. McInnis, Mrs. Jones of Ohio, Mr. Deutsch, Mr. Ballenger, Mr. Forbes, Ms. Granger, Mr. Tiahrt, Mr. Green of Texas, Mr. Walsh, Mr. Weller, Mr. LaFalce, Mr. Pallone, Mr. Lampson, Mr. Bonior, Mr. Sabo, Ms. Waters, Mr. Wolf, Mr. Peterson of Pennsylvania, Mr. Barrett of Nebraska, Mr. Kennedy of Rhode Island, Mr. Jenkins, Mr. Watts of Oklahoma, Mr. Barr of Georgia, Mr. McGovern, Ms. McKinney, Mr. Edwards, Mr. Watt of North Carolina, Mr. DeFazio, Ms. Schakowsky, Ms. Lofgren, Mr. Sununu, Mr. Rodriguez, Mr. Ramstad, Mr. Pastor, Mr. Wynn, Mr. Pascrell, Ms. Jackson-Lee of Texas, Mr. Royce, Mr. Brady of Pennsylvania, Mr. Martinez, Mr. Cunningham, Mrs. Lowey, Mr. Wise, Mr. Gonzalez, Mr. Terry, Mr. Whitfield, Mr. Rahall, Ms. Sanchez, Ms. Berkley, Mr. Souder, Mr. Meeks of New York, Mr. Franks of New Jersey, Mr. Spence, Mr. Hayes, Mr. Pombo, Ms. Danner, Mr. Waxman, Mr. Horn, Mr. LaHood, Mr. Borski, Mr. Romero-Barcelo, Mr. Weiner, Mrs. Biggert, Mr. Moore, Mr. Inslee, Mr. Costello, Mr. Sandlin, Ms. Slaughter, Mrs. Myrick, Mr. Udall of New Mexico, Mr. Capuano, Mr. Traficant, Mr. Simpson, Mr. Ryan of Wisconsin, Ms. Pryce of Ohio, Mr. Rohrabacher, Mr. DeLay, Mr. Dixon, Mr. Bass, Mr. Peterson of Minnesota, Mr. Farr of California, Mr. Rogan, Mr. Nethercutt, Mr. Cardin, Mr. Stupak, Mrs. Mink of Hawaii, Ms. Kilpatrick, Mr. Hinchey, Mr. McKeon, Mr. Kucinich, Ms. Norton, Mr. Hoyer, Mr. Gilman, and Mr. Berman) submitted the following resolution; which was referred to the Committee on the Judiciary May 11, 1999 Committee on the Judiciary discharged; considered and agreed to _______________________________________________________________________ RESOLUTION Acknowledging the dedication and sacrifice made by the men and women who have lost their lives while serving as law enforcement officers. Whereas the well-being of all citizens of this country is preserved and enhanced as a direct result of the vigilance and dedication of law enforcement personnel; Whereas more than 700,000 men and women, at great risk to their personal safety, presently serve their fellow citizens in their capacity as guardians of peace; Whereas peace officers are the front line in preserving our children's right to receive an education in a crime-free environment that is too often threatened by the insidious fear caused by violence in schools; Whereas 158 peace officers lost their lives in the performance of their duty in 1998, and a total of more than 15,000 men and women have now made that supreme sacrifice; and Whereas every year 1 in 9 officers is assaulted, 1 in 25 officers is injured, and 1 in 4,400 officers is killed in the line of duty: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that-- (1) all peace officers slain in the line of duty should be honored and recognized; and (2) the President should issue a proclamation calling upon the people of the United States to honor and recognize slain peace officers with appropriate ceremonies and respect. <all>

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2024-06-24T03:05:57.253340

BILLS-106hres165eh

H. RES. 165 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 165 Engrossed in House (EH)] In the House of Representatives, U.S., May 11, 1999. Whereas the well-being of all citizens of this country is preserved and enhanced as a direct result of the vigilance and dedication of law enforcement personnel; Whereas more than 700,000 men and women, at great risk to their personal safety, presently serve their fellow citizens in their capacity as guardians of peace; Whereas peace officers are the front line in preserving our children's right to receive an education in a crime-free environment that is too often threatened by the insidious fear caused by violence in schools; Whereas 158 peace officers lost their lives in the performance of their duty in 1998, and a total of more than 15,000 men and women have now made that supreme sacrifice; and Whereas every year 1 in 9 officers is assaulted, 1 in 25 officers is injured, and 1 in 4,400 officers is killed in the line of duty: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that-- (1) all peace officers slain in the line of duty should be honored and recognized; and (2) the President should issue a proclamation calling upon the people of the United States to honor and recognize slain peace officers with appropriate ceremonies and respect. Attest: Clerk.

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2024-06-24T03:05:57.266951

BILLS-106hres166eh

H. RES. 166 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 166 Engrossed in House (EH)] In the House of Representatives, U.S., May 12, 1999. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 775) to establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendments printed in part 1 of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part 2 of the report of the Committee on Rules. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment except as specified in the report, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. Attest: Clerk.

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2024-06-24T03:05:57.275015

BILLS-106hres166rh

Providing for consideration of the bill (H.R. 775) to establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 166 Reported in House (RH)] House Calendar No. 53 106th CONGRESS 1st Session H. RES. 166 [Report No. 106-134] Providing for consideration of the bill (H.R. 775) to establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Dreier, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 775) to establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 775) to establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on the Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on the Judiciary now printed in the bill, modified by the amendments printed in part 1 of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. No amendment to that amendment in the nature of a substitute shall be in order except those printed in part 2 of the report of the Committee on Rules. Each amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the first time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment except as specified in the report, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follow another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 53 106th CONGRESS 1st Session H. RES. 166 [Report No. 106-134] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 775) to establish certain procedures for civil actions brought for damages relating to the failure of any device or system to process or otherwise deal with the transition from the year 1999 to the year 2000, and for other purposes. _______________________________________________________________________ May 11, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:57.363922

BILLS-106hres168ih

Recognizing the Foreign Service of the United States on the occasion of its 75th anniversary.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 168 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 168 Recognizing the Foreign Service of the United States on the occasion of its 75th anniversary. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Gilman (for himself, Mr. Gejdenson, and Mr. Smith of New Jersey) submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Recognizing the Foreign Service of the United States on the occasion of its 75th anniversary. Whereas the modern Foreign Service of the United States was established 75 years ago on May 24, 1924, with the enactment of the Rogers Act, Public Law 135 of the 68th Congress; Whereas today some 10,300 men and women serve in the Foreign Service at home and abroad; Whereas the diplomatic, consular, communications, trade, development, administrative, security, and other functions the men and women of the Foreign Service of the United States perform are crucial to the United States national interest; Whereas the men and women of the Foreign Service of the United States, as well as their families, are constantly exposed to danger, even in times of peace, and many have died in the service of their country; and Whereas it is appropriate to recognize the dedication of the men and women of the Foreign Service of the United States and, in particular, to honor those who made the ultimate sacrifice while protecting the interests of the United States: Now, therefore, be it Resolved, That the House of Representatives-- (1) recognizes the Foreign Service of the United States and its achievements and contributions of the past 75 years; (2) honors those members of the Foreign Service of the United States who have given their lives in the line of duty; and (3) commends the generations of men and women who have served or are presently serving in the Foreign Service for their vital service to the Nation. Sec. 2. The Clerk of the House of Representatives shall transmit a copy of this resolution to the President of the United States. <all>

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2024-06-24T03:05:57.430827

BILLS-106hres169ih

Expressing the sense of the House of Representatives with respect to democracy, free elections, and human rights in the Lao People's Democratic Republic.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 169 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 169 Expressing the sense of the House of Representatives with respect to democracy, free elections, and human rights in the Lao People's Democratic Republic. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Vento (for himself and Mr. Smith of New Jersey) submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Expressing the sense of the House of Representatives with respect to democracy, free elections, and human rights in the Lao People's Democratic Republic. Whereas in 1975, the Pathet Lao party supplanted the existing Lao government and the Lao Royal Family, and established a ``people's democratic republic'', in violation of the 1962 Declaration on the Neutrality of Laos and its Protocol, as well as the 1973 Vientiane Agreement on Laos; Whereas since the 1975 overthrow of the existing Lao Government, Laos has been under the sole control of the Lao People's Democratic Party; Whereas the present Lao Constitution provides for human rights protection for the Lao people, and Laos is a signatory to international agreements on civil and political rights; Whereas Laos has become a member of the Association of Southeast Asian Nations, which calls for the creation of open societies in each of its member states by the year 2020; Whereas despite that, the State Department's ``Country Reports on Human Rights Practices for 1998'' notes that the government has only slowly eased restrictions on basic freedoms and begun codification of implementing legislation for rights stipulated in the Lao Constitution, and continues to significantly restrict the freedoms of speech, assembly, and religion; Whereas according to Amnesty International, serious problems persist in the human rights record of the Government of Laos, including the continued detention of political prisoners and the treatment of such prisoners in a manner that is degrading, abusive, and inhumane; Whereas in February 1998, one political prisoner of the Government of Laos, Thongsouk Saysangkhi, died, and an unknown number of other political prisoners still remain inside its prisons; and Whereas allegations of persecution and human rights abuse of the Hmong who repatriated to Laos continue, and Hmong families of detained political prisoners are reported to be threatened daily under the Communist Government in Laos: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that the present Government of Laos should-- (1) respect international norms of human rights and democratic freedoms for the Lao people, and fully honor its commitments to those norms and freedoms as embodied in its constitution and international agreements, and in the 1962 Declaration on the Neutrality of Laos and its Protocol and the 1973 Vientiane Agreement on Laos; (2) issue a public statement specifically reaffirming its commitment to protecting religious freedom and other basic human rights; (3) fully institute a process of democracy, human rights, and openly contested free and fair elections in Laos, and ensure specifically that the National Assembly elections-- currently scheduled for 2002--are openly contested; and (4) allow access for international human rights monitors, including the International Committee of the Red Cross and Amnesty International, to Lao prisons, and to all regions of the country to investigate allegations of human rights abuses, including those against the Hmong people, when requested. <all>

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2024-06-24T03:05:57.698911

BILLS-106hres170ih

Amending House Resolution 5, One Hundred Sixth Congress, as amended.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 170 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 170 Amending House Resolution 5, One Hundred Sixth Congress, as amended. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Cox (for himself and Mr. Dicks) submitted the following resolution; which was referred to the Committee on Rules May 13, 1999 The Committee on Rules discharged; considered and agreed to _______________________________________________________________________ RESOLUTION Amending House Resolution 5, One Hundred Sixth Congress, as amended. Resolved, SECTION 1. AMENDMENT OF HOUSE RESOLUTION 5. Section 2(f)(1) of House Resolution 5, One Hundred Sixth Congress, agreed to January 6, 1999, as amended, is amended by striking ``May 14, 1999'' and inserting ``May 31, 1999''. <all>

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2024-06-24T03:05:57.711617

BILLS-106hres170eh

H. RES. 170 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 170 Engrossed in House (EH)] In the House of Representatives, U.S., May 13, 1999 Resolved, SECTION 1. AMENDMENT OF HOUSE RESOLUTION 5. Section 2(f)(1) of House Resolution 5, One Hundred Sixth Congress, agreed to January 6, 1999, as amended, is amended by striking ``May 14, 1999'' and inserting ``May 31, 1999''. Attest: Clerk.

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2024-06-24T03:05:57.726584

BILLS-106hres173eh

H. RES. 173 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 173 Engrossed in House (EH)] In the House of Representatives, U.S., May 18, 1999. Resolved, That upon adoption of this resolution it shall be in order to consider the conference report to accompany the bill (H.R. 1141) making emergency supplemental appropriations for the fiscal year ending September 30, 1999, and for other purposes. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read. Attest: Clerk.

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2024-06-24T03:05:57.740411

BILLS-106hres167rh

Providing for consideration of the bill (H.R. 1555) to authorize appropriations for fiscal year 2000 for intelligence and intelligence- related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 167 Reported in House (RH)] House Calendar No. 54 106th CONGRESS 1st Session H. RES. 167 [Report No. 106-136] Providing for consideration of the bill (H.R. 1555) to authorize appropriations for fiscal year 2000 for intelligence and intelligence- related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Goss, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1555) to authorize appropriations for fiscal year 2000 for intelligence and intelligence- related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1555) to authorize appropriations for fiscal year 2000 for intelligence and intelligence- related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Permanent Select Committee on Intelligence. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Permanent Select Committee on Intelligence now printed in the bill. The committee amendment in the nature of a substitute shall be considered by title rather than by section. Each title shall be considered as read. Points of order against the committee amendment in the nature of a substitute for failure to comply with clause 7 of rule XVI are waived. No amendment to the committee in the nature of a substitute shall be in order except those printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII and except pro forma amendments for the purpose of debate. Each amendment so printed may be offered only by the Member who caused it to be printed or his designee and shall be considered as read. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendments the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 54 106th CONGRESS 1st Session H. RES. 167 [Report No. 106-136] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1555) to authorize appropriations for fiscal year 2000 for intelligence and intelligence- related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. _______________________________________________________________________ May 12, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:57.791550

BILLS-106hres172ih

To authorize and direct the Archivist of the United States to make available for public use the records of the House of Representatives Select Committee on Missing Persons in Southeast Asia.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 172 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 172 To authorize and direct the Archivist of the United States to make available for public use the records of the House of Representatives Select Committee on Missing Persons in Southeast Asia. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Gilman (for himself, Mr. Taylor of Mississippi, Mr. Talent, and Mr. Rohrabacher) submitted the following resolution; which was referred to the Committee on House Administration _______________________________________________________________________ RESOLUTION To authorize and direct the Archivist of the United States to make available for public use the records of the House of Representatives Select Committee on Missing Persons in Southeast Asia. Resolved, That the Archivist of the United States is authorized and directed to make available for public use the records of the House of Representatives Select Committee on Missing Persons in Southeast Asia (94th Congress). <all>

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2024-06-24T03:05:57.819073

BILLS-106hres171ih

Expressing the sense of the House of Representatives with respect to the National Conference of Law Enforcement Emerald Societies for their services in honoring slain Detective John Michael Gibson and Private First Class Jacob Chestnut of the United States Capitol Police.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 171 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 171 Expressing the sense of the House of Representatives with respect to the National Conference of Law Enforcement Emerald Societies for their services in honoring slain Detective John Michael Gibson and Private First Class Jacob Chestnut of the United States Capitol Police. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Ms. DeLauro submitted the following resolution; which was referred to the Committee on the Judiciary _______________________________________________________________________ RESOLUTION Expressing the sense of the House of Representatives with respect to the National Conference of Law Enforcement Emerald Societies for their services in honoring slain Detective John Michael Gibson and Private First Class Jacob Chestnut of the United States Capitol Police. Whereas, within 48 hours of being called upon, the National Conference of Law Enforcement Emerald Societies brought together over 200 traditional pipers to perform in honor of slain Detective John Michael Gibson and Private First Class Jacob Chestnut of the United States Capitol Police; Whereas the National Conference of Law Enforcement Emerald Societies arranged for the performance of the Prince George's Police and Ocean City Emerald Society Pipebands from Maryland, the New Jersey State Police/Blue and Gold Pipe and Drums, the Camden County Pipe and Drums from New Jersey, the Irish Brigade Cape Atlantic Pipeband, the Amtrak Police Pipeband, and the Boston Gaelic Column Pipes and Drums at the United States Capitol rotunda services in honor of Detective John Michael Gibson and Private First Class Jacob Chestnut of the United States Capitol Police; Whereas the National Conference of Law Enforcement Emerald Societies arranged for the performance of the Chicago Police/Emerald Society Pipe and Drums, the New York State Fraternal Order of Police War Pipes, and the Hamilton County Sheriff's Pipeband from Ohio at the funeral services of Detective John Michael Gibson of the United States Capitol Police on July 30, 1998 and those of Private First Class Jacob Chestnut of the United States Capitol Police on July 31, 1998; Whereas the National Conference of Law Enforcement Emerald Societies answered the call to honor their fallen brothers, Detective John Michael Gibson and Private First Class Jacob Chestnut of the United States Capitol Police; and Whereas the National Conference of Law Enforcement Emerald Societies fulfilled the wishes of the families of Detective John Michael Gibson and Private First Class Jacob Chestnut of the United States Capitol Police to be Piped Down: Now, therefore, be it Resolved, That the House of Representatives commends the National Conference of Law Enforcement Emerald Societies for their distinguished services in honoring the late Detective Michael Gibson and Private First Class Jacob Chestnut of the United States Capitol Police. <all>

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2024-06-24T03:05:58.187122

BILLS-106hres173rh

Waiving points of order against the conference report to accompany the bill (H.R. 1141) making emergency supplemental appropriations for the fiscal year ending September 30, 1999, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 173 Reported in House (RH)] House Calendar No. 55 106th CONGRESS 1st Session H. RES. 173 [Report No. 106-144] Waiving points of order against the conference report to accompany the bill (H.R. 1141) making emergency supplemental appropriations for the fiscal year ending September 30, 1999, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 17, 1999 Mrs. Myrick, from the Committee on Rules, reported the following resolution which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Waiving points of order against the conference report to accompany the bill (H.R. 1141) making emergency supplemental appropriations for the fiscal year ending September 30, 1999, and for other purposes. Resolved, That upon adoption of this resolution it shall be in order to consider the conference report to accompany the bill (H.R. 1141) making emergency supplemental appropriations for the fiscal year ending September 30, 1999, and for other purposes. All points of order against the conference report and against its consideration are waived. The conference report shall be considered as read. House Calendar No. 55 106th CONGRESS 1st Session H. RES. 173 [Report No. 106-144] _______________________________________________________________________ RESOLUTION Waiving points of order against the conference report to accompany the bill (H.R. 1141) making emergency supplemental appropriations for the fiscal year ending September 30, 1999, and for other purposes. _______________________________________________________________________ May 17, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:58.221204

BILLS-106hres174rh

Providing for consideration of the bill (H.R. 1654) to authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 174 Reported in House (RH)] House Calendar No. 56 106th CONGRESS 1st Session H. RES. 174 [Report No. 106-147] Providing for consideration of the bill (H.R. 1654) to authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Reynolds, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1654) to authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1654) to authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 4(a) of rule XIII are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Science. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Science now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. Points of order against the amendment for failure to comply with clause 7 of rule XVI are waived. During consideration of the bill for amendment, the chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 56 106th CONGRESS 1st Session H. RES. 174 [Report No. 106-147] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1654) to authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. _______________________________________________________________________ May 18, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:58.240078

BILLS-106hres174eh

H. RES. 174 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 174 Engrossed in House (EH)] In the House of Representatives, U.S., May 19, 1999. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1654) to authorize appropriations for the National Aeronautics and Space Administration for fiscal years 2000, 2001, and 2002, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 4(a) of rule XIII are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Science. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Science now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. Points of order against the amendment for failure to comply with clause 7 of rule XVI are waived. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. Attest: Clerk.

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2024-06-24T03:05:58.269801

BILLS-106hres175eh

H. RES. 175 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 175 Engrossed in House (EH)] In the House of Representatives, U.S., May 19, 1999. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1553) to authorize appropriations for fiscal year 2000 and fiscal year 2001 for the National Weather Service, Atmospheric Research, and National Environmental Satellite, Data and Information Service activities of the National Oceanic and Atmospheric Administration, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 4(a) of rule XIII are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Science. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Science now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. Attest: Clerk.

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2024-06-24T03:05:58.279625

BILLS-106hres175rh

Providing for the consideration of the bill (H.R. 1553) to authorize appropriations for fiscal year 2000 and fiscal year 2001 for the National Weather Service, Atmospheric Research, and National Environmental Satellite, Data and Information Service activities of the National Oceanic and Atmospheric Administration, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 175 Reported in House (RH)] House Calendar No. 57 106th CONGRESS 1st Session H. RES. 175 [Report No. 106-148] Providing for the consideration of the bill (H.R. 1553) to authorize appropriations for fiscal year 2000 and fiscal year 2001 for the National Weather Service, Atmospheric Research, and National Environmental Satellite, Data and Information Service activities of the National Oceanic and Atmospheric Administration, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Reynolds, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for the consideration of the bill (H.R. 1553) to authorize appropriations for fiscal year 2000 and fiscal year 2001 for the National Weather Service, Atmospheric Research, and National Environmental Satellite, Data and Information Service activities of the National Oceanic and Atmospheric Administration, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1553) to authorize appropriations for fiscal year 2000 and fiscal year 2001 for the National Weather Service, Atmospheric Research, and National Environmental Satellite, Data and Information Service activities of the National Oceanic and Atmospheric Administration, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 4(a) of rule XIII are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Science. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Science now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. During consideration of the bill for amendment, the chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 57 106th CONGRESS 1st Session H. RES. 175 [Report No. 106-148] _______________________________________________________________________ RESOLUTION Providing for the consideration of the bill (H.R. 1553) to authorize appropriations for fiscal year 2000 and fiscal year 2001 for the National Weather Service, Atmospheric Research, and National Environmental Satellite, Data and Information Service activities of the National Oceanic and Atmospheric Administration, and for other purposes. _______________________________________________________________________ May 18, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:58.347040

BILLS-106hres177ih

Relating to the treatment of veterans with Alzheimer's disease.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 177 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 177 Relating to the treatment of veterans with Alzheimer's disease. Relating to the treatment of veterans with Alzheimer's disease.________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Baldacci submitted the following resolution; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ RESOLUTION Relating to the treatment of veterans with Alzheimer's disease. Whereas an estimated 30 percent of the patients in veterans nursing home facilities suffer from Alzheimer's Disease or some other form of dementia; Whereas only a very small number of facilities exist that are dedicated to treating patients with Alzheimer's disease and to developing improved protocols to treat the disorder; Whereas the aging of the United States veterans population is expected to hinder the capability of traditional veterans nursing home facilities to care for veterans with Alzheimer's disease; and Whereas research indicates that the traditional nursing home model may not provide the most effective method of treating patients with Alzheimer's disease: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that-- (1) in authorizing medical facility projects and leases for the Department of Veterans Affairs, Congress should authorize projects and leases for facilities, in urban and rural locations, that are designed specifically for purposes of treating veterans with Alzheimer's disease and conducting research relating to Alzheimer's disease; (2) the Secretary of Veterans Affairs should encourage innovation in the methods utilized by Department health care personnel in treating veterans with Alzheimer's disease; and (3) the Secretary should encourage and facilitate the sharing of information on Alzheimer's disease among Department facilities and personnel. <all>

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2024-06-24T03:05:58.585884

BILLS-106hres178eh

H. RES. 178 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 178 Engrossed in House (EH)] In the House of Representatives, U.S., May 25, 1999. Whereas the United States was founded on the democratic principle that all men and women are created equal and entitled to the exercise of their basic human rights; Whereas freedom of expression and assembly are fundamental human rights that belong to all people and are recognized as such under the United Nations Declaration of Human Rights and the International Covenant on Civil and Political Rights; Whereas the death of the former General Secretary of the Communist Party of the People's Republic of China, Hu Yaobang, on April 15, 1989, gave rise to peaceful protests throughout China calling for the establishment of a dialogue with government and party leaders on democratic reforms, including freedom of expression, freedom of assembly, and the elimination of corruption by government officials; Whereas after that date thousands of prodemocracy demonstrators continued to protest peacefully in and around Tiananmen Square in Beijing until June 3 and 4, 1989, until Chinese authorities ordered the People's Liberation Army and other security forces to use lethal force to disperse demonstrators in Beijing, especially around Tiananmen Square; Whereas nonofficial sources, a Chinese Red Cross report from June 7, 1989, and the State Department Country Reports on Human Rights Practices for 1989, gave various estimates of the numbers of people killed and wounded in 1989 by the People's Liberation Army soldiers and other security forces, but agreed that hundreds, if not thousands, of people were killed and thousands more were wounded; Whereas 20,000 people nationwide suspected of taking part in the democracy movement were arrested and sentenced without trial to prison or reeducation through labor, and many were reportedly tortured; Whereas human rights groups such as Human Rights Watch, Human Rights in China, and Amnesty International have documented that hundreds of those arrested remain in prison; Whereas the Government of the People's Republic of China continues to suppress dissent by imprisoning prodemocracy activists, journalists, labor union leaders, religious believers, and other individuals in China and Tibet who seek to express their political or religious views in a peaceful manner; and Whereas June 4, 1999, is the tenth anniversary of the date of the Tiananmen Square massacre: Now, therefore, be it Resolved, That the House of Representatives-- (1) expresses sympathy to the families of those killed as a result of their participation in the democracy protests of 1989, as well as to the families of those who have been killed and to those who have suffered for their efforts to keep that struggle alive during the past decade; (2) commends all citizens of the People's Republic of China who are peacefully advocating for democracy and human rights; and (3) condemns the ongoing and egregious human rights abuses by the Government of the People's Republic of China and calls on that government to-- (A) reevaluate the official verdict on the June 4, 1989, Tiananmen prodemocracy activities and order relevant procuratorial organs to open formal investigations on the June fourth event with the goal of bringing those responsible to justice; (B) establish a June Fourth Investigation Committee, the proceedings and findings of which should be accessible to the public, to make a just and independent inquiry into all matters related to June 4, 1989; (C) release all prisoners of conscience, including those still in prison as a result of their participation in the peaceful prodemocracy protests of May and June 1989, provide just compensation to the families of those killed in those protests, and allow those exiled on account of their activities in 1989 to return and live in freedom in the People's Republic of China; (D) put an immediate end to harassment, detention, and imprisonment of Chinese citizens exercising their legitimate rights to the freedom of expression, freedom of association, and freedom of religion; and (E) demonstrate its willingness to respect the rights of all Chinese citizens by proceeding quickly to ratify and implement the International Covenant on Civil and Political Rights which it signed on October 5, 1998. Attest: Clerk.

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2024-06-24T03:05:58.664997

BILLS-106hres178ih

Concerning the tenth anniversary of the Tiananmen Square massacre of June 4, 1989, in the People's Republic of China.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 178 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 178 Concerning the tenth anniversary of the Tiananmen Square massacre of June 4, 1989, in the People's Republic of China. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Ms. Pelosi (for herself, Mr. Wolf, Mr. Lantos, Mr. Porter, Mr. Gephardt, Mr. Cox, Mr. Bonior, Mr. Gilman, Mr. Gejdenson, Mr. Smith of New Jersey, Mr. Brown of Ohio, Mr. Rohrabacher, Mr. Wu, Mr. Abercrombie, Mr. Schaffer, Mr. Shays, Mr. Waxman, Ms. Woolsey, Mr. Horn, Mr. McGovern, and Mr. Clay) submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Concerning the tenth anniversary of the Tiananmen Square massacre of June 4, 1989, in the People's Republic of China. Whereas the United States was founded on the democratic principle that all men and women are created equal and entitled to the exercise of their basic human rights; Whereas freedom of expression and assembly are fundamental human rights that belong to all people and are recognized as such under the United Nations Declaration of Human Rights and the International Covenant on Civil and Political Rights; Whereas the death of the former General Secretary of the Communist Party of the People's Republic of China, Hu Yaobang, on April 15, 1989, gave rise to peaceful protests throughout China calling for the establishment of a dialogue with government and party leaders on democratic reforms, including freedom of expression, freedom of assembly, and the elimination of corruption by government officials; Whereas after that date thousands of prodemocracy demonstrators continued to protest peacefully in and around Tiananmen Square in Beijing until June 3 and 4, 1989, until Chinese authorities ordered the People's Liberation Army and other security forces to use lethal force to disperse demonstrators in Beijing, especially around Tiananmen Square; Whereas nonofficial sources, a Chinese Red Cross report from June 7, 1989, and the State Department Country Reports on Human Rights Practices for 1989, gave various estimates of the numbers of people killed and wounded in 1989 by the People's Liberation Army soldiers and other security forces, but agreed that hundreds, if not thousands, of people were killed and thousands more were wounded; Whereas 20,000 people nationwide suspected of taking part in the democracy movement were arrested and sentenced without trial to prison or reeducation through labor, and many were reportedly tortured; Whereas human rights groups such as Human Rights Watch, Human Rights in China, and Amnesty International have documented that hundreds of those arrested remain in prison; Whereas the Government of the People's Republic of China continues to suppress dissent by imprisoning prodemocracy activists, journalists, labor union leaders, religious believers, and other individuals in China and Tibet who seek to express their political or religious views in a peaceful manner; and Whereas June 4, 1999, is the tenth anniversary of the date of the Tiananmen Square massacre: Now, therefore, be it Resolved, That the House of Representatives-- (1) expresses sympathy to the families of those killed as a result of their participation in the democracy protests of 1989, as well as to the families of those who have been killed and to those who have suffered for their efforts to keep that struggle alive during the past decade; (2) commends all citizens of the People's Republic of China who are peacefully advocating for democracy and human rights; and (3) condemns the ongoing and egregious human rights abuses by the Government of the People's Republic of China and calls on that government to-- (A) reevaluate the official verdict on the June 4, 1989, Tiananmen prodemocracy activities and order relevant procuratorial organs to open formal investigations on the June fourth event with the goal of bringing those responsible to justice; (B) establish a June Fourth Investigation Committee, the proceedings and findings of which should be accessible to the public, to make a just and independent inquiry into all matters related to June 4, 1989; (C) release all prisoners of conscience, including those still in prison as a result of their participation in the peaceful prodemocracy protests of May and June 1989, provide just compensation to the families of those killed in those protests, and allow those exiled on account of their activities in 1989 to return and live in freedom in the People's Republic of China; (D) put an immediate end to harassment, detention, and imprisonment of Chinese citizens exercising their legitimate rights to the freedom of expression, freedom of association, and freedom of religion; and (E) demonstrate its willingness to respect the rights of all Chinese citizens by proceeding quickly to ratify and implement the International Covenant on Civil and Political Rights which it signed on October 5, 1998. <all>

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2024-06-24T03:05:58.729298

BILLS-106hres181ih

Condemning the kidnapping and murder by the Revolutionary Armed Forces of Colombia (FARC) of 3 United States citizens, Ingrid Washinawatok, Terence Freitas, and Lahe'ena'e Gay.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 181 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 181 Condemning the kidnapping and murder by the Revolutionary Armed Forces of Colombia (FARC) of 3 United States citizens, Ingrid Washinawatok, Terence Freitas, and Lahe'ena'e Gay. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Green of Wisconsin (for himself, Mr. Farr of California, Ms. Lee, and Mrs. Mink of Hawaii) submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Condemning the kidnapping and murder by the Revolutionary Armed Forces of Colombia (FARC) of 3 United States citizens, Ingrid Washinawatok, Terence Freitas, and Lahe'ena'e Gay. Whereas Ingrid Washinawatok, a member of the Menominee Indian Nation of Wisconsin, Terence Freitas of California, and Lahe'ena'e Gay of Hawaii, were United States citizens involved in an effort to help the U'wa people of northeastern Colombia; Whereas Ms. Washinawatok, Mr. Freitas, and Ms. Gay were kidnapped on February 25, 1999 by the Revolutionary Armed Forces of Colombia (FARC), a group designated a foreign-based terrorist organization by the United States Department of State; Whereas the FARC brutally murdered these 3 innocent United States civilians, whose bodies were discovered March 4, 1999; Whereas this Congress will not tolerate violent acts against United States citizens abroad; Whereas the FARC has a reprehensible history of committing atrocities against both Colombian and United States citizens, including over 1,000 Colombians abducted each year and 4 United States civilians who were seized for a month in 1998; Whereas it is incumbent upon the Government of Colombia to quickly and effectively investigate, arrest, and extradite to the United States those responsible for the murders of Ms. Washinawatok, Mr. Freitas, and Ms. Gay; and Whereas the United States Federal Bureau of Investigation (FBI) is empowered to investigate terrorist acts committed against United States citizens abroad: Now, therefore, be it Resolved, That the House of Representatives-- (1) decries the murders of Ingrid Washinawatok, Terence Freitas, and Lahe'ena'e Gay; (2) strongly condemns the Revolutionary Armed Forces of Colombia (FARC); (3) calls on the Government of Colombia to find, arrest, and extradite to the United States for trial those responsible for the deaths of these United States citizens; and (4) emphasizes the importance of this investigation to the United States Federal Bureau of Investigation (FBI) and urges the FBI to use any and every available resource to see that those who are responsible for the deaths of these United States citizens are swiftly brought to justice. <all>

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2024-06-24T03:05:58.752213

BILLS-106hres179eh

H. RES. 179 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 179 Engrossed in House (EH)] In the House of Representatives, U.S., May 20, 1999. Resolved, That upon adoption of this resolution it shall be in order to take from the Speaker's table the bill (H.R. 4) to declare it to be the policy of the United States to deploy a national missile defense, with a Senate amendment thereto, and to consider in the House a motion offered by the chairman of the Committee on Armed Services or his designee to concur in the Senate amendment. The Senate amendment and the motion shall be considered as read. The motion shall be debatable for one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services. The previous question shall be considered as ordered on the motion to final adoption without intervening motion. Attest: Clerk.

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2024-06-24T03:05:58.764936

BILLS-106hres180eh

H. RES. 180 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 180 Engrossed in House (EH)] In the House of Representatives, U.S., May 20, 1999. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 883) to preserve the sovereignty of the United States over public lands and acquired lands owned by the United States, and to preserve State sovereignty and private property rights in non-Federal lands surrounding those public lands and acquired lands. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Resources. After general debate, the bill shall be considered for amendment under the five-minute rule for a period not to exceed four hours. The bill shall be considered as read. No amendment to the bill shall be in order except those printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII and except pro forma amendments for the purpose of debate. Each amendment so printed may be offered only by the Member who caused it to be printed or his designee and shall be considered as read. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. Attest: Clerk.

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2024-06-24T03:05:58.927644

BILLS-106hres183ih

Expressing the sense of the House of Representatives regarding the settlement of claims of citizens of the United States against the Government of Germany with respect to the deaths of members of the United States Air Force resulting from the collision off the coast of Namibia of a German Luftwaffe aircraft with a United States Air Force aircraft on September 13, 1997.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 183 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 183 Expressing the sense of the House of Representatives regarding the settlement of claims of citizens of the United States against the Government of Germany with respect to the deaths of members of the United States Air Force resulting from the collision off the coast of Namibia of a German Luftwaffe aircraft with a United States Air Force aircraft on September 13, 1997. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Sanford (for himself, Mr. Goode, Mr. Hefley, Mr. Saxton, Mr. Lampson, Mr. McInnis, Mr. Cunningham, Mr. DeLay, Mr. McGovern, Mr. Doyle, and Mr. Gilchrest) submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Expressing the sense of the House of Representatives regarding the settlement of claims of citizens of the United States against the Government of Germany with respect to the deaths of members of the United States Air Force resulting from the collision off the coast of Namibia of a German Luftwaffe aircraft with a United States Air Force aircraft on September 13, 1997. Whereas on September 13, 1997, a German Luftwaffe Tupelov TU-154M aircraft collided with a United States Air Force C-141 Starlifter aircraft off the coast of Namibia; Whereas as a result of that collision nine members of the United States Air Force were killed, namely: Staff Sergeant Stacey D. Bryant, 32, loadmaster, Providence, Rhode Island; Staff Sergeant Gary A. Bucknam, 25, flight engineer, Oakland, Maine; Captain Gregory M. Cindrich, 28, pilot, Byrans Road, Maryland; Airman 1st Class Justin R. Drager, 19, loadmaster, Colorado Springs, Colorado; Staff Sergeant Robert K. Evans, 31, flight engineer, Garrison, Kentucky; Captain Jason S. Ramsey, 27, pilot, South Boston, Virginia; Staff Sergeant Scott N. Roberts, 27, flight engineer, Library, Pennsylvania; Captain Peter C. Vallejo, 34, aircraft commander, Crestwood, New York; and Senior Airman Frankie L. Walker, 23, crew chief, Windber, Pennsylvania; Whereas the Final Report of the Ministry of Defense to the Defense Committee of the German Bundestag states unequivocally that, following an investigation, the Directorate of Flight Safety of the German Federal Armed Forces assigned responsibility for the collision to the Aircraft Commander/Commandant of the Luftwaffe Tupelov TU-154M aircraft for flying at a flight level that did not conform to international flight rules; Whereas the United States Air Force accident investigation report concluded that the primary cause of the collision was the Luftwaffe Tupelov TU-154M aircraft flying at an incorrect cruise altitude; Whereas procedures for filing claims under the Status of Forces Agreement are unavailable to the families of the members of the United States Air Force killed in the collision; and Whereas the families of the members of the United States Air Force killed in the collision have filed claims against the Government of Germany: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that the Government of Germany should promptly agree to a fair settlement with, and promptly make payments under that settlement to, the families of the members of the United States Air Force killed in a collision between a United States Air Force C-141 Starlifter aircraft and a German Luftwaffe Tupelov TU-154M aircraft off the coast of Namibia on September 13, 1997. <all>

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2024-06-24T03:05:58.971898

BILLS-106hres185eh

H. RES. 185 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 185 Engrossed in House (EH)] In the House of Representatives, U.S., May 25, 1999. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1906) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 4(a) of rule XIII or section 306 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The Chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. Attest: Clerk.

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2024-06-24T03:05:59.061152

BILLS-106hres184ih

Empowering Minorities with Procurement Opportunities Which Expand and Revive Businesses Resolution; EMPOWER Businesses Resolution

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 184 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 184 Expressing the sense of the House of Representatives regarding Federal Government procurement access for minority-owned businesses. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Ms. Millender-McDonald (for herself, Ms. Norton, Mr. Thompson of Mississippi, Mr. Payne, Mrs. Christensen, Mr. Frost, Mr. Cummings, Mr. Wynn, Mrs. Clayton, Mrs. Meek of Florida, Mr. Sanders, Ms. Schakowsky, Ms. Eddie Bernice Johnson of Texas, and Mr. Hinojosa) submitted the following resolution; which was referred to the Committee on Government Reform _______________________________________________________________________ RESOLUTION Expressing the sense of the House of Representatives regarding Federal Government procurement access for minority-owned businesses. Whereas minority-owned businesses are a powerful force in the economy; Whereas between 1987 and 1992 in the United States; (1) the number of minority-owned businesses grew by 61.9 percent; (2) the number of Black-owned businesses grew by 46.4 percent; (3) the number of Hispanic-owned businesses grew by 82.7 percent; (4) the number of businesses owned by Asians, Pacific Islanders, American Indians, and Alaska Natives grew by 61 percent; (5) minority-owned businesses with paid employees accounted for 16 percent of the total number of businesses and 79 percent of gross receipts; (6) minority ownership of businesses included-- (A) 41 percent Black ownership, 40 percent Hispanic ownership, and 19 percent Asian, Pacific Islander, American Indian, and Alaska Native ownership in the transportation and communications industries; (B) 36 percent Black ownership, 37 percent Hispanic ownership, and 29 percent Asian, Pacific Islander, American Indian, and Alaska Native ownership in the services industry; (C) 26 percent Black ownership, 59 percent Hispanic ownership, and 15 percent Asian, Pacific Islander, American Indian, and Alaska Native ownership in the construction industry; (D) 27 percent Black ownership, 32 percent Hispanic ownership, and 45 percent Asian, Pacific Islander, American Indian, and Alaska Native ownership in the finance, insurance, and real estate industries; and (E) 22 percent Black ownership, 39 percent Hispanic ownership, and 40 percent Asian, Pacific Islander, American Indian, and Alaska Native ownership in the manufacturing industry; Whereas in 1992, approximately 1,965,565 minority-owned businesses provided jobs for 1,872,870 people and generated $158,806,430 in sales; Whereas minority-owned businesses experience limited access to the Federal Government procurement market; Whereas in fiscal year 1987, contract awards were made to a total of 8,335 minority-owned and women-owned businesses, representing only 0.17 percent of the 4,900,000 minority and women-owned firms identified by the Bureau of the Census in 1987. In fiscal year 1990, the number of firms increased to just 9,543; Whereas the Federal Government is America's largest purchaser of goods and services, spending more than $225,000,000,000 each year; and Whereas the majority of Federal Government purchases are for items that cost $5,000 or less: Now, therefore, be it Resolved, SECTION 1. SHORT TITLE. This resolution may be cited as the ``Empowering Minorities with Procurement Opportunities Which Expand and Revive Businesses Resolution'' (the ``EMPOWER Businesses Resolution''). SEC. 2. SENSE OF THE HOUSE OF REPRESENTATIVES. It is the sense of the House of Representatives that all Federal agencies would benefit from implementing the following recommendations for the purpose of improving equitable access for minority-owned businesses to Federal procurement opportunities: (1) Federal agencies should offer and make readily available to minority-owned businesses information regarding access to contracting practices and opportunities. (2) Federal agencies should identify minority-owned business advocates within the agency to guarantee that minority-owned businesses are adequately represented in competitive bid solicitations. (3) Federal agencies should consider collecting bids from minority-owned businesses as a priority in awarding contracts. (4) Federal agencies should, if possible, announce electronically and with reasonable advance notice any available procurement opportunities. (5) Federal agencies should implement internal mentor programs for minority-owned and women-owned businesses as a means of teaching new business contracting practices. (6) Federal agencies should consider adopting a ``Rule of One'' approach for both minority-owned and women-owned businesses whereby at least one minority-owned business and one women-owned business are solicited on all competitive acquisitions. (7) Federal agencies should explore alternative ways to allow minority-owned businesses to compete, including the concepts of teaming and partnering. (8) Federal agencies should expand outreach and incentive programs in order to help minority-owned businesses be prepared to competitively bid for procurement opportunities. <all>

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2024-06-24T03:05:59.137418

BILLS-106hres185rh

Providing for consideration of the bill (H.R. 1906) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 185 Reported in House (RH)] House Calendar No. 60 106th CONGRESS 1st Session H. RES. 185 [Report No. 106-159] Providing for consideration of the bill (H.R. 1906) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 24, 1999 Mr. Diaz-Balart, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1906) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1906) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with clause 4(a) of rule XIII or section 306 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 60 106th CONGRESS 1st Session H. RES. 185 [Report No. 106-159] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1906) making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes. _______________________________________________________________________ May 24, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:59.173315

BILLS-106hres186rh

Providing for consideration of the bill (H.R. 1259) to amend the Congressional Budget Act of 1974 to protect Social Security surpluses through strengthened budgetary enforcement mechanisms.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 186 Reported in House (RH)] House Calendar No. 61 106th CONGRESS 1st Session H. RES. 186 [Report No. 106-160] Providing for consideration of the bill (H.R. 1259) to amend the Congressional Budget Act of 1974 to protect Social Security surpluses through strengthened budgetary enforcement mechanisms. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 24, 1999 Mr. Linder, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1259) to amend the Congressional Budget Act of 1974 to protect Social Security surpluses through strengthened budgetary enforcement mechanisms. Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 1259) to amend the Congressional Budget Act of 1974 to protect Social Security surpluses through strengthened budgetary enforcement mechanisms. The bill shall be considered as read for amendment. The amendment specified in section 2 of this resolution shall be considered as adopted. The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) two hours of debate equally divided and controlled among the chairmen and ranking minority members of the Committees on the Budget, Rules, and Ways and Means; and (2) one motion to recommit with or without instructions. Sec. 2. The amendment considered as adopted is as follows: page 3, line 13, strike ``cause or increase'' and insert ``set forth''. House Calendar No. 61 106th CONGRESS 1st Session H. RES. 186 [Report No. 106-160] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1259) to amend the Congressional Budget Act of 1974 to protect Social Security surpluses through strengthened budgetary enforcement mechanisms. _______________________________________________________________________ May 24, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:59.300352

BILLS-106hres186eh

H. RES. 186 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 186 Engrossed in House (EH)] In the House of Representatives, U.S., May 26, 1999. Resolved, That upon the adoption of this resolution it shall be in order to consider in the House the bill (H.R. 1259) to amend the Congressional Budget Act of 1974 to protect Social Security surpluses through strengthened budgetary enforcement mechanisms. The bill shall be considered as read for amendment. The amendment specified in section 2 of this resolution shall be considered as adopted. The previous question shall be considered as ordered on the bill, as amended, to final passage without intervening motion except: (1) two hours of debate equally divided and controlled among the chairmen and ranking minority members of the Committees on the Budget, Rules, and Ways and Means; and (2) one motion to recommit with or without instructions. Sec. 2. The amendment considered as adopted is as follows: page 3, line 13, strike ``cause or increase'' and insert ``set forth''. Attest: Clerk.

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2024-06-24T03:05:59.319398

BILLS-106hres188ath

Designating minority membership on certain standing committees of the House.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 188 Agreed to House (ATH)] 106th CONGRESS 1st Session H. RES. 188 Designating minority membership on certain standing committees of the House. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Frost submitted the following resolution; which was considered and agreed to _______________________________________________________________________ RESOLUTION Designating minority membership on certain standing committees of the House. Resolved, That the following named Members be, and are hereby, elected to the following standing committee of the House of Representatives: Committee on Small Business: Ms. Berkley of Nevada and Mr. Udall of Colorado. <all>

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2024-06-24T03:05:59.450935

BILLS-106hres188eh

H. RES. 188 (EH) - Engrossed in House

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 188 Engrossed in House (EH)] In the House of Representatives, U.S., May 25, 1999. Resolved, That the following named Members be, and are hereby, elected to the following standing committee of the House of Representatives: Committee on Small Business: Ms. Berkley of Nevada and Mr. Udall of Colorado. Attest: Clerk.

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2024-06-24T03:05:59.513395

BILLS-106hres187ih

Expressing the sense of the House of Representatives that the United States should seek to prevent any Taliban-led government in Afghanistan from obtaining a seat in the United Nations, and should refuse to recognize any Afghan government, while gross violations of human rights persist against women and girls there.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 187 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 187 Expressing the sense of the House of Representatives that the United States should seek to prevent any Taliban-led government in Afghanistan from obtaining a seat in the United Nations, and should refuse to recognize any Afghan government, while gross violations of human rights persist against women and girls there. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mrs. Maloney of New York (for herself and Mr. Rohrabacher) submitted the following resolution; which was referred to the Committee on International Relations _______________________________________________________________________ RESOLUTION Expressing the sense of the House of Representatives that the United States should seek to prevent any Taliban-led government in Afghanistan from obtaining a seat in the United Nations, and should refuse to recognize any Afghan government, while gross violations of human rights persist against women and girls there. Whereas millions of women and girls living under Taliban rule in Afghanistan are denied their basic human rights; Whereas according to the Department of State and international human rights organizations, the Taliban continues to commit widespread and well-documented human rights abuses, in gross violation of internationally accepted norms; Whereas, according to the United States Department of State Country Report on Human Rights Practices (hereafter ``1998 State Department Human Rights Report''), violence against women in Afghanistan occurs frequently, including beatings, rapes, forced marriages, disappearances, kidnapings, and killings; Whereas women and girls under Taliban rule are generally barred from working, going to school, leaving their homes without an immediate male family member as chaperone, and visiting doctors, hospitals or clinics; Whereas according to the 1998 State Department Human Rights Report, gender restrictions by the Taliban continue to interfere with the delivery of humanitarian assistance to women and girls in Afghanistan; Whereas according to the 1998 State Department Human Rights Report, under Taliban rule women are forced to don a head-to-toe garment known as a burqa, which has only a mesh screen for vision, and many women found in public not wearing a burqa, or wearing a burqa that does not properly cover the ankles, are beaten by Taliban militiamen; Whereas according to the 1998 State Department Human Rights Report, some poor women under Taliban rule cannot afford the cost of a burqa and thus are forced to remain at home or risk beatings if they go outside the home without one; Whereas according to the 1998 State Department Human Rights Report, the lack of a burqa has resulted in the inability of some women under Taliban rule to get necessary medical care because they cannot leave home; Whereas according to the 1998 State Department Human Rights Report, women under Taliban rule reportedly have been beaten if their shoe heels click when they walk; Whereas according to the 1998 State Department Human Rights Report, under Taliban rule women in homes must not be visible from the street, and houses with female occupants must have their windows painted over; Whereas according to the 1998 State Department Human Rights Report, under Taliban rule women are not allowed to drive, and taxi drivers reportedly have been beaten if they take unescorted women as passengers; Whereas according to the 1998 State Department Human Rights Report, women under Taliban rule are forbidden to enter mosques or other places of worship; and Whereas women and girls of all ages under Taliban rule have suffered needlessly and even died from curable illness because they have been turned away from health care facilities because of their gender: Now, therefore, be it Resolved, That it is the sense of the House of Representatives that-- (1) the President should instruct the United States Representative to the United Nations to use all appropriate means to prevent any Taliban-led government in Afghanistan from obtaining the seat in the United Nations General Assembly reserved for Afghanistan so long as gross violations of internationally recognized human rights against women and girls persist; and (2) the United States should refuse to recognize any government in Afghanistan which is not taking actions to achieve the following goals in Afghanistan: (A) The effective participation of women in all civil, economic, and social life. (B) The right of women to work. (C) The right of women and girls to an education without discrimination and the reopening of schools to women and girls at all levels of education. (D) The freedom of movement of women and girls. (E) Equal access of women and girls to health facilities. (F) Equal access of women and girls to humanitarian aid. <all>

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2024-06-24T03:05:59.559770

BILLS-106hres189rh

Providing for consideration of the bill (H.R. 150) to amend the Act popularly known as the Recreation and Public Purposes Act to authorize disposal of certain public lands or national forest lands to local education agencies for use for elementary or secondary schools, including public charter schools, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 189 Reported in House (RH)] House Calendar No. 62 106th CONGRESS 1st Session H. RES. 189 [Report No. 106-164] Providing for consideration of the bill (H.R. 150) to amend the Act popularly known as the Recreation and Public Purposes Act to authorize disposal of certain public lands or national forest lands to local education agencies for use for elementary or secondary schools, including public charter schools, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Sessions, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 150) to amend the Act popularly known as the Recreation and Public Purposes Act to authorize disposal of certain public lands or national forest lands to local education agencies for use for elementary or secondary schools, including public charter schools, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 150) to amend the Act popularly known as the Recreation and Public Purposes Act to authorize disposal of certain public lands or national forest lands to local education agencies for use for elementary or secondary schools, including public charter schools, and for other purposes. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Resources. After general debate the bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Resources now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. During consideration of the bill for amendment, the chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the Member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 of rule XVIII. Amendments so printed shall be considered as read. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of question shall be 15 minutes. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 62 106th CONGRESS 1st Session H. RES. 189 [Report No. 106-164] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 150) to amend the Act popularly known as the Recreation and Public Purposes Act to authorize disposal of certain public lands or national forest lands to local education agencies for use for elementary or secondary schools, including public charter schools, and for other purposes. _______________________________________________________________________ May 25, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:59.591012

BILLS-106hres192ih

Providing for consideration of the bill (H.R. 1037) to ban the importation of large capacity ammunition feeding devices, and to extend the ban on transferring such devices to those that were manufactured before the ban became law.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 192 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 192 Providing for consideration of the bill (H.R. 1037) to ban the importation of large capacity ammunition feeding devices, and to extend the ban on transferring such devices to those that were manufactured before the ban became law. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Ms. DeGette (for herself, Mr. Blagojevich, and Ms. Carson) submitted the following resolution; which was referred to the Committee on Rules _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1037) to ban the importation of large capacity ammunition feeding devices, and to extend the ban on transferring such devices to those that were manufactured before the ban became law. Resolved, That immediately upon the adoption of this resolution the House shall resolve itself into the Committee of the Whole House on the State of the Union for consideration of the bill (H.R. 1037) to ban the importation of large capacity ammunition feeding devices, and to extend the ban on transferring such devices to those that were manufactured before the ban became law. The first reading of the bill shall be dispensed with. All points of order against the bill and against its consideration are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule for a period not to exceed 10 hours and shall be considered as read. At the conclusion of consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion, except one motion to recommit with or without instructions. <all>

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2024-06-24T03:05:59.722857

BILLS-106hres190rh

Providing for the consideration of the bill (H.R. 1905) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 190 Reported in House (RH)] House Calendar No. 63 106th CONGRESS 1st Session H. RES. 190 [Report No. 106-165] Providing for the consideration of the bill (H.R. 1905) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Dreier, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for the consideration of the bill (H.R. 1905) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1905) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes. The first reading of the bill shall be dispensed with. Points of order against consideration of the bill for failure to comply with section 306 or 401 of the Congressional Budget Act of 1974 are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Appropriations. After general debate the bill shall be considered for amendment under the five-minute rule. Points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived except as follows: page 18, line 19, through page 19, line 15. No amendment shall be in order except the amendment printed in the report of the Committee on Rules accompanying this resolution and except pro forma amendments offered by the chairman or ranking minority member of the Committee on Appropriations or their designees for the purpose of debate. The amendment printed in the report may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, and shall not be subject to amendment. Points of order against the amendment printed in the report for failure to comply with clause 2 of rule XXI are waived. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 63 106th CONGRESS 1st Session H. RES. 190 [Report No. 106-165] _______________________________________________________________________ RESOLUTION Providing for the consideration of the bill (H.R. 1905) making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes. _______________________________________________________________________ May 25, 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:05:59.777037

BILLS-106hres191ih

Recognizing and honoring Medal of Honor recipients for their selfless acts for our Nation, and commending IPALCO Enterprises for its contributions to honor each of these American heroes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 191 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 191 Recognizing and honoring Medal of Honor recipients for their selfless acts for our Nation, and commending IPALCO Enterprises for its contributions to honor each of these American heroes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Ms. Carson submitted the following resolution; which was referred to the Committee on Armed Services _______________________________________________________________________ RESOLUTION Recognizing and honoring Medal of Honor recipients for their selfless acts for our Nation, and commending IPALCO Enterprises for its contributions to honor each of these American heroes. Whereas a new memorial in downtown Indianapolis, Indiana, will honor every Medal of Honor recipient individually; Whereas the memorial dedication on Friday, May 28, 1999, will be attended by one of the largest ever gatherings of Medal of Honor recipients; Whereas the memorial will feature the names of the 3,410 people who have received the Medal of Honor, the Nation's highest military award for valor; Whereas the Medal of Honor is awarded by the President in the name of Congress, and for this reason is often referred to as the Congressional Medal of Honor; Whereas since it was first awarded in 1863, 3,410 individuals have been awarded the Medal of Honor; Whereas 19 individuals have received the Medal of Honor twice; Whereas 2,363 Medals of Honor have been awarded to members of the Army, 745 to members of the Navy, 295 to members of the Marines, 16 to members of the Air Force, 1 to a member of the Coast Guard, and 19 to unknowns; Whereas there are 162 living recipients; Whereas the Medal of Honor is only bestowed on those who have performed an act of ``gallantry and intrepidity at the risk of . . . life above and beyond the call of duty''; Whereas acts of bravery and courage are not unusual among those in uniform, and engaging in direct battle with an enemy or carrying out one's duties under enemy attack is an act of bravery and courage performed by many members of our Armed Forces; Whereas the level of heroism cited among those who receive the Medal of Honor is uncommonly high and of a far greater magnitude; Whereas there are 3 types of Medals of Honor today: the original star shape established in 1861 which the Navy, Marine Corps, and Coast Guard have retained; a wreath version designed in 1904 for the Army; and an altered wreath version adopted by the Air Force in 1965; Whereas IPALCO Enterprises, an Indianapolis-based energy company, has provided the memorial, including design, construction, and future maintenance, as a gift to the Medal of Honor recipients and to the Nation; Whereas the Congressional Medal of Honor Memorial will be located on the north bank of the Central Canal in White River State Park; Whereas the location of the memorial is particularly significant, since it is adjacent to Military Park, which served as a training facility during the Civil War; Whereas nearly half of the Medals of Honor issued, 1,520, were bestowed upon soldiers who fought in the Civil War; Whereas the memorial will be composed of curved walls of glass, each representing a specific United States military engagement in which the Medal of Honor was awarded; Whereas the glass walls will bear the names of all 3,410 individuals who have received the Medal of Honor, along with their branch of service and the location of their heroic action; Whereas steps, benches, and a grassy area will provide seating for visitors, and each day at dusk the memorial's sound system will play the recorded stories of medal recipients or of the conflicts in which they fought; Whereas the memorial was designed by ROAMworks, an Indianapolis-based landscape architecture firm, the general contractor is Hagerman Construction Corporation, and the electrical contractor is Miller-Eads Company, Inc.; Whereas IPALCO and the Central Indiana Building Trade Association have agreed that all work on the memorial will be done by labor union members; and Whereas a majority of the 162 living Medal of Honor recipients will be present to participate in the May 28, 1999, event: Now, therefore, be it Resolved, That the House of Representatives recognizes and honors all recipients of the Medal of Honor for their selfless contributions to our Nation, and commends IPALCO Enterprises for its contributions to honor each of these American heroes. <all>

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2024-06-24T03:05:59.843391

BILLS-106hres194ih

Providing for consideration of the bill (H.R. 515) to prevent children from injuring themselves with handguns.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 194 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 194 Providing for consideration of the bill (H.R. 515) to prevent children from injuring themselves with handguns. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Ms. DeGette (for herself, Mr. Blagojevich, and Ms. Carson) submitted the following resolution; which was referred to the Committee on Rules _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 515) to prevent children from injuring themselves with handguns. Resolved, That immediately upon the adoption of this resolution the House shall resolve itself into the Committee of the Whole House on the State of the Union for consideration of the bill (H.R. 515) to prevent children from injuring themselves with handguns. The first reading of the bill shall be dispensed with. All points of order against the bill and against its consideration are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule for a period not to exceed 10 hours and shall be considered as read. At the conclusion of consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion, except one motion to recommit with or without instructions. <all>

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2024-06-24T03:06:00.028676

BILLS-106hres195rh

Providing for consideration of the bill (H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for the purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 195 Reported in House (RH)] House Calendar No. 64 106th CONGRESS 1st Session H. RES. 195 [Report No. 106-166] Providing for consideration of the bill (H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27 (legislative day, May 26), 1999 Mrs. Myrick, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered to be printed _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for the purposes. Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for other purposes. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services. After general debate the bill shall be considered for amendment under the five-minute rule. Sec. 2. (a) It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution. That amendment in the nature of a substitute shall be considered as read. All points of order against that amendment in the nature of a substitute are waived. (b) No further amendment to the amendment in the nature of a substitute made in order as original text shall be in order except the amendments printed in the report of the Committee on Rules accompanying this resolution, amendments en bloc described in section 3 of this resolution, and pro forma amendments offered by the chairman and ranking minority member of the Committee on Armed Services for the purpose of debate. (c) Except as specified in section 5 of this resolution, each amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. Unless otherwise specified in the report, each amendment printed in the report shall be debatable for 10 minutes equally divided and controlled by the proponent and an opponent and shall not be subject to amendment (except that the chairman and ranking minority member of the Committee on Armed Services each may offer one pro forma amendment for the purpose of further debate on any pending amendment). (d) All points of order against amendments printed in the report of the Committee on Rules or amendments en bloc described in section 3 of this resolution are waived. (e) The first time after the legislative day of May 27, 1999, the Speaker declares the House resolved into the Committee of the Whole House on the state of the Union for further consideration of H.R. 1401 an additional period of general debate shall be in order, which shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services. Sec. 3. It shall be in order at any time for the chairman of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in part C of the report of the Committee on Rules not earlier disposed of or germane modifications of any such amendment. Amendments en bloc offered pursuant to this section shall be considered as read (except that modifications shall be reported), shall be debatable for 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. For the purpose of inclusion in such amendments en bloc, an amendment printed in the form of a motion to strike may be modified to the form of a germane perfecting amendment to the text originally proposed to be stricken. The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc. Sec. 4. The chairman of the Committee of the Whole may: (1) postpone until a time during further consideration in the Committee of the Whole a request for a recorded vote on any amendment; and (2) reduce to five minutes the minimum time for electronic voting on any postponed question that follows another electronic vote without intervening business, provided that the minimum time for electronic voting on the first in any series of questions shall be 15 minutes. Sec. 5. The Chairman of the Committee of the Whole may recognize for consideration of any amendment printed in the report of the Committee on Rules out of the order printed, but not sooner than one hour after the chairman of the Committee on Armed Services or a designee announces from the floor a request to that effect. Sec. 6. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the amendment in the nature of a substitute made in order as original text. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. House Calendar No. 64 106th CONGRESS 1st Session H. RES. 195 [Report No. 106-166] _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 1401) to authorize appropriations for fiscal years 2000 and 2001 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal years 2000 and 2001, and for other purposes. _______________________________________________________________________ May 27 (legislative day, May 26), 1999 Referred to the House Calendar and ordered to be printed

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2024-06-24T03:06:00.059198

BILLS-106hres193ih

Providing for consideration of the bill (H.R. 902) to regulate the sale of firearms at gun shows.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 193 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 193 Providing for consideration of the bill (H.R. 902) to regulate the sale of firearms at gun shows. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 26, 1999 Ms. DeGette (for herself, Mr. Blagojevich, and Ms. Carson) submitted the following resolution; which was referred to the Committee on Rules _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 902) to regulate the sale of firearms at gun shows. Resolved, That immediately upon the adoption of this resolution the House shall resolve itself into the Committee of the Whole House on the State of the Union for consideration of the bill (H.R. 902) to regulate the sale of firearms at gun shows. The first reading of the bill shall be dispensed with. All points of order against the bill and against its consideration are waived. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chairman and ranking minority member of the Committee on Judiciary. After general debate the bill shall be considered for amendment under the five-minute rule for a period not to exceed 10 hours and shall be considered as read. At the conclusion of consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion, except one motion to recommit with or without instructions. <all>

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2024-06-24T03:06:00.092551

BILLS-106hres198ih

Expressing the sense of the House of Representatives that James Francis Thorpe should be designated ``America's Athlete of the Century''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 198 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 198 Expressing the sense of the House of Representatives that James Francis Thorpe should be designated ``America's Athlete of the Century''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Kanjorski (for himself and Mr. Watkins) submitted the following resolution; which was referred to the Committee on Government Reform _______________________________________________________________________ RESOLUTION Expressing the sense of the House of Representatives that James Francis Thorpe should be designated ``America's Athlete of the Century''. Whereas James Francis Thorpe, known as ``Jim Thorpe'' Wathahuck-Brightpath, of the Thunder Clan of the Sac and Fox Tribe, was born May 22, 1887, on the Sac and Fox Indian Reservation, Prague, Oklahoma, and died March 28, 1953, in Lomita, California; Whereas Jim Thorpe began his amateur football career as a student at the Carlisle Indian School in Pennsylvania, where he was named All American Half-Back in 1911 and 1912; Whereas Jim Thorpe represented the United States at the 1912 Olympic Games held in Stockholm, Sweden, though he did not become a citizen of the United States until 1917; Whereas King Gustav V of Sweden said, ``You, Sir, are the greatest athlete in the world,'' when he awarded 2 gold medals to Jim Thorpe for winning the pentathlon and the decathlon; Whereas Jim Thorpe founded professional football, played professional football for, and later was the first elected president of, the American Football Association (now the National Football League); Whereas Jim Thorpe played major league baseball for 20 years with the New York Giants, the Cincinnati Reds, and the Boston Braves; Whereas Jim Thorpe is the only American athlete to excel at the amateur level and at the professional level in 3 major sports--track and field, football, and baseball; Whereas Jim Thorpe was named America's Greatest All-Around Athlete in 1950 by the Associated Press and in 1977 by Sport Magazine; and Whereas Jim Thorpe has been enshrined in the Helms Professional Football Hall of Fame and the Professional Football Hall of Fame in Canton, Ohio: Now, therefore, be it Resolved, That the United States House of Representatives designates James Francis Thorpe ``America's Athlete of the Century''. <all>

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2024-06-24T03:06:00.157554

BILLS-106hres197ih

Providing for consideration of the bill (H.R. 358) to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H. Res. 197 Introduced in House (IH)] 106th CONGRESS 1st Session H. RES. 197 Providing for consideration of the bill (H.R. 358) to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 27, 1999 Mr. Dingell submitted the following resolution; which was referred to the Committee on Rules _______________________________________________________________________ RESOLUTION Providing for consideration of the bill (H.R. 358) to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage. Resolved, That immediately upon the adoption of this resolution the House shall without intervention of any point of order resolve into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 358) to amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to protect consumers in managed care plans and other health coverage. The first reading of the bill shall be dispensed with. General debate shall be confined to the bill and shall not exceed 120 minutes, with 60 minutes of debate to be equally divided and controlled by the chairman and ranking minority member of the Committee on Commerce, 30 minutes of debate to be equally divided and controlled by the chairman and ranking minority member of the Committee on Ways and Means and 30 minutes of debate to be equally divided and controlled by the chairman and ranking minority member of the Committee on Education and the Workforce. After general debate the bill shall be considered for amendment under the five-minute rule. The bill shall be considered by title rather than by section. Each title shall be considered as read. During consideration of the bill for amendment, the Chairman of the Committee of the Whole may accord priority in recognition on the basis of whether the member offering an amendment has caused it to be printed in the portion of the Congressional Record designated for that purpose in clause 8 in rule XVIII. At the conclusion of consideration of the bill for amendment, the Committee shall rise and report the bill to the House with such amendments as may have been adopted. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion, except one motion to recommit with or without instructions. Sec. 2. If the Committee of the Whole rises and reports that it has come to no resolution on the bill, then on the next legislative day the House shall, immediately after the third daily order of business under clause 1 of rule XIV, resolve into the Committee of the Whole for further consideration of the bill. <all>

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2024-06-24T03:06:00.176957

BILLS-106s1000is

To amend the Internal Revenue Code of 1986 to treat certain dealer derivative financial instruments, hedging transactions, and supplies as ordinary assets.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1000 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1000 To amend the Internal Revenue Code of 1986 to treat certain dealer derivative financial instruments, hedging transactions, and supplies as ordinary assets. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Breaux (for himself and Mr. Nickles) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to treat certain dealer derivative financial instruments, hedging transactions, and supplies as ordinary assets. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TREATMENT OF CERTAIN DEALER DERIVATIVE FINANCIAL INSTRUMENTS, HEDGING TRANSACTIONS, AND SUPPLIES AS ORDINARY ASSETS. (a) In General.--Section 1221 of the Internal Revenue Code of 1986 (defining capital assets) is amended-- (1) by striking ``For purposes'' and inserting the following: ``(a) In General.--For purposes'', (2) by striking the period at the end of paragraph (5) and inserting a semicolon, and (3) by adding at the end the following: ``(6) any derivative financial instrument held by a derivatives dealer, unless held for investment and clearly identified in the dealer's records as held for investment before the close of the day on which it was acquired, originated, or entered into (or such other time as the Secretary may by regulations prescribe); ``(7) any hedging transaction (as defined in section 1256(e)(2)); or ``(8) supplies of a type regularly used by the taxpayer in the provision of services or the production of property otherwise described in paragraphs (1) through (7). ``(b) Definitions and Special Rules.-- ``(1) Derivative financial instruments.--For purposes of subsection (a)(6)-- ``(A) Derivatives dealer.--The term `derivatives dealer' means a person (other than an options and commodities dealer (within the meaning of section 1402(i)) which regularly offers to enter into, assume, offset, assign, or terminate positions in derivative financial instruments with customers in the ordinary course of a trade or business. ``(B) Derivative financial instrument.-- ``(i) In general.--The term `derivative financial instrument' means any contract or financial instrument (other than a share of stock in a corporation, a beneficial interest in a partnership or trust, or a note, bond, debenture, or other evidence of indebtedness) the value or settlement price of which is calculated by or determined by reference to a specified index, including any swap, cap, collar, floor, option, futures contract, forward contract, or similar contract or financial instrument. ``(ii) Specified index.--The term `specified index' means any one or more or any combination of-- ``(I) a fixed rate, price, or amount, or ``(II) a variable rate, price, or amount, which is based on any current, objectively determinable financial or economic information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(2) Treatment of losses in case of non identification or improper identification of hedging transactions.-- Notwithstanding subsection (a)(7) the Secretary shall prescribe regulations for the proper treatment of the character of any gain or loss arising from a transaction-- ``(A) which is a hedging transaction under section 1256(e)(2) except for the fact it was not identified as such under section 1256(e)(2)(C), or ``(B) which was so identified but is not such a hedging transaction.'' (b) Management of Risk.-- (1) Section 475(c)(3) of the Internal Revenue Code of 1986 is amended by striking ``reduces'' and inserting ``manages''. (2) Section 871(h)(4)(C)(iv) of such Code is amended by striking ``to reduce'' and inserting ``to manage''. (3) Clauses (i) and (ii) of section 988(d)(2)(A) of such Code are each amended by striking ``to reduce'' and inserting ``to manage''. (4) Section 1202(j)(2)(C) of such Code is amended by striking ``reduces'' and inserting ``manages''. (5) Clauses (i) and (ii) of section 1256(e)(2)(A) of such Code are each amended by striking ``to reduce'' and inserting ``to manage''. (c) Effective Date.--The amendments made by this section shall apply to any instrument held, acquired, or entered into, any transaction entered into, and supplies held or acquired on or after the date of enactment of this Act. <all>

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2024-06-24T03:06:00.227635

BILLS-106s1003is

Alternative Fuels Promotion Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1003 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1003 To amend the Internal Revenue Code of 1986 to provide increased tax incentives for the purchase of alternative fuel and electric vehicles, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Rockefeller (for himself, Mr. Hatch, Mr. Crapo, and Mr. Bryan) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide increased tax incentives for the purchase of alternative fuel and electric vehicles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Alternative Fuels Promotion Act''. SEC. 2. FINDINGS. The Senate finds the following: (1)(A) Since 1994, the United States has imported over half its oil. (B) Without efforts to mitigate this dependence on foreign oil, the percentage of oil imported is expected to grow to all- time highs. (C) This reliance on foreign oil presents a national security risk, which Congress should address through policy changes designed to increase the use of domestically-available alternative transportation fuels. (2)(A) The importing of a majority of the oil used in the United States contributes negatively to the balance of trade of the United States. (B) Assuring the Nation's economic security demands the development and promotion of domestically-available alternative transportation fuels. (3)(A) The reliance on oil as a transportation fuel has numerous negative environmental consequences, including increasing air pollution and greenhouse gas emissions. (B) Developing alternative transportation fuels will help address these environmental impacts by reducing emissions. (4) In order to encourage installation of alternative fueling infrastructure, and make alternative fuels economically favorable to the producer, distributor, marketer, and consumer, tax credits provided at the point of distribution into an alternative fuel vehicle are necessary. (5)(A) In the short-term, United States alternative fuel policy must be made fuel neutral. (B) Fuel neutrality will foster private innovation and commercialization using the most technologically feasible and economic fuels available. (C) This will allow market forces to decide the alternative fuel winners and losers. (6)(A) Tax credits which have been in place have led to increases in the quantity and quality of alternative fuel technology available today. (B) Extending these credits is an efficient means of promoting alternative fuel vehicles and alternative fueling infrastructures. (7)(A) The Federal fleet is one of the best customers for alternative fuel vehicles due to its combination of large purchasing power, tight record keeping, geographic diversity, and high fuel usage. (B) For these reasons, the National Energy Policy Act of 1991 required Federal fleets to purchase certain numbers of alternatively-fueled vehicles. (C) In most cases, these requirements have not been met. (D) Efforts must be made to ensure that all Federal agencies comply with Federal fleet purchase requirement laws and executive orders. TITLE I--TAX INCENTIVES SEC. 101. CREDIT FOR QUALIFIED ELECTRIC VEHICLES. (a) Increased Credit for Vehicles Which Meet Certain Range Requirements.-- (1) In general.--Section 30(a) of the Internal Revenue Code of 1986 (relating to allowance of credit) is amended to read as follows: ``(a) Allowance of Credit.-- ``(1) In general.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(A) 10 percent of the cost of any qualified electric vehicle placed in service by the taxpayer during the taxable year, plus ``(B) in the case of any such vehicle also meeting the requirement described in paragraph (2), $5,000. ``(2) Range requirement.--The requirement described in this paragraph is a driving range of at least 100 miles-- ``(A) on a single charge of the vehicle's rechargeable batteries, fuel cells, or other portable source of electrical current, and ``(B) measured pursuant to the urban dynamometer schedules under appendix I to part 86 of title 40, Code of Federal Regulations.''. (2) Conforming amendment.--Section 30(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``subsection (a)'' and inserting ``subsection (a)(1)(A)''. (b) Credit Extended Through 2010.-- (1) In general.--Section 30(e) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``2004'' and inserting ``2010''. (2) Conforming amendments.--Section 30(b)(2) of such Code (relating to phaseout) is amended-- (A) by striking ``2002'' in subparagraph (A) and inserting ``2008'', (B) by striking ``2003'' in subparagraph (B) and inserting ``2009'', and (C) by striking ``2004'' in subparagraph (C) and inserting ``2010''. (c) Effective Date.--The amendments made by this section shall apply to property placed in service after the date of enactment of this Act. SEC. 102. ADDITIONAL DEDUCTION FOR COST OF INSTALLATION OF ALTERNATIVE FUELING STATIONS. (a) In General.--Subparagraph (A) of section 179A(b)(2) of the Internal Revenue Code of 1986 (relating to qualified clean-fuel vehicle refueling property) is amended to read as follows: ``(A) In general.--The aggregate cost which may be taken into account under subsection (a)(1)(B) with respect to qualified clean-fuel vehicle refueling property placed in service during the taxable year at a location shall not exceed the sum of-- ``(i) with respect to costs not described in clause (ii), the excess (if any) of-- ``(I) $100,000, over ``(II) the aggregate amount of such costs taken into account under subsection (a)(1)(B) by the taxpayer (or any related person or predecessor) with respect to property placed in service at such location for all preceding taxable years, plus ``(ii) the lesser of-- ``(I) the cost of the installation of such property, or ``(II) $30,000.''. (b) Effective Date.--The amendment made by this section shall apply to property placed in service after the date of enactment of this Act. SEC. 103. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS MOTOR VEHICLE FUEL. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 40 the following: ``SEC. 40A. CREDIT FOR RETAIL SALE OF CLEAN BURNING FUELS AS MOTOR VEHICLE FUEL. ``(a) General Rule.--For purposes of section 38, the clean burning fuel retail sales credit of any taxpayer for any taxable year is 50 cents for each gasoline gallon equivalent of clean burning fuel sold at retail by the taxpayer during such year as a fuel to propel any qualified motor vehicle. ``(b) Definitions.--For purposes of this section-- ``(1) Clean burning fuel.--The term `clean burning fuel' means natural gas, compressed natural gas, liquefied natural gas, liquefied petroleum gas, hydrogen, and any liquid at least 85 percent of which consists of methanol. ``(2) Gasoline gallon equivalent.--The term `gasoline gallon equivalent' means, with respect to any clean burning fuel, the amount (determined by the Secretary) of such fuel having a Btu content of 114,000. ``(3) Qualified motor vehicle.--The term `qualified motor vehicle' means any motor vehicle (as defined in section 179A(e)) which meets any applicable Federal or State emissions standards with respect to each fuel by which such vehicle is designed to be propelled. ``(4) Sold at retail.-- ``(A) In general.--The term `sold at retail' means the sale, for a purpose other than resale, after manufacture, production, or importation. ``(B) Use treated as sale.--If any person uses clean burning fuel as a fuel to propel any qualified motor vehicle (including any use after importation) before such fuel is sold at retail, then such use shall be treated in the same manner as if such fuel were sold at retail as a fuel to propel such a vehicle by such person. ``(c) No Double Benefit.--The amount of the credit determined under subsection (a) shall be reduced by the amount of any deduction or credit allowable under this chapter for fuel taken into account in computing the amount of such credit. ``(d) Termination.--This section shall not apply to any fuel sold at retail after December 31, 2007.''. (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following: ``(13) the clean burning fuel retail sales credit determined under section 40A(a).''. (c) Transitional Rule.--Section 39(d) of the Internal Revenue Code of 1986 (relating to transitional rules) is amended by adding at the end the following: ``(9) No carryback of section 40a credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the clean burning fuel retail sales credit determined under section 40A(a) may be carried back to a taxable year ending before January 1, 1999.''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 40 the following: ``Sec. 40A. Credit for retail sale of clean burning fuels as motor vehicle fuel.''. (e) Effective Date.--The amendments made by this section shall apply to fuel sold at retail after December 31, 1999, in taxable years ending after such date. TITLE II--PROGRAM EFFICIENCIES SEC. 201. EXCEPTION TO HOV PASSENGER REQUIREMENTS FOR ALTERNATIVE FUEL VEHICLES. Section 102(a) of title 23, United States Code, is amended by inserting ``(unless, at the discretion of the State highway department, the vehicle operates on, or is fueled by, an alternative fuel (as defined in section 301 of Public Law 102-486 (42 U.S.C. 13211(2)))'' after ``required''. <all>

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2024-06-24T03:06:00.444700

BILLS-106s1007is

Great Ape Conservation Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1007 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1007 To assist in the conservation of great apes by supporting and providing financial resources for the conservation programs of countries within the range of great apes and projects of persons with demonstrated expertise in the conservation of great apes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Jeffords (for himself and Mrs. Boxer) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations _______________________________________________________________________ A BILL To assist in the conservation of great apes by supporting and providing financial resources for the conservation programs of countries within the range of great apes and projects of persons with demonstrated expertise in the conservation of great apes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Great Ape Conservation Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) great ape populations have declined to the point that the long-term survival of the species in the wild is in serious jeopardy; (2) the chimpanzee, gorilla, bonobo, and orangutan are listed as endangered species under section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) and under Appendix I of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (27 UST 1087; TIAS 8249); (3) because the challenges facing the conservation of great apes are so immense, the resources available to date have not been sufficient to cope with the continued loss of habitat due to human encroachment and logging and the consequent diminution of great ape populations; (4) because great apes are flagship species for the conservation of the tropical forest habitats in which they are found, conservation of great apes provides benefits to numerous other species of wildlife, including many other endangered species; (5) among the threats to great apes, in addition to habitat loss, are population fragmentation, hunting for the bushmeat trade, and live capture; (6) great apes are important components of the ecosystems they inhabit, and studies of their wild populations have provided important biological insights; and (7) the reduction, removal, or other effective addressing of the threats to the long-term viability of populations of great apes in the wild will require the joint commitment and effort of countries that have within their boundaries any part of the range of great apes, the United States and other countries, and the private sector. (b) Purposes.--The purposes of this Act are-- (1) to perpetuate viable populations of great apes in the wild; and (2) to assist in the conservation and protection of great apes by supporting conservation programs of countries in which populations of great apes are located and by supporting the CITES Secretariat. SEC. 3. DEFINITIONS. In this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Agency for International Development. (2) CITES.--The term ``CITES'' means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249), including its appendices. (3) Conservation.--The term ``conservation''-- (A) means the use of methods and procedures necessary to prevent the diminution of wild populations of a species; and (B) includes all activities associated with wildlife management, such as-- (i) conservation, protection, restoration, acquisition, and management of habitat; (ii) in-situ research and monitoring of populations and habitats; (iii) assistance in the development, implementation, and improvement of management plans for managed habitat ranges; (iv) enforcement and implementation of CITES; (v) enforcement and implementation of domestic laws relating to resource management; (vi) development and operation of sanctuaries for members of a species rescued from the illegal trade in live animals; (vii) programs for the rehabilitation of members of a species and release of the members into the wild; (viii) conflict resolution initiatives; and (ix) community outreach and education. (4) Fund.--The term ``Fund'' means the Great Ape Conservation Fund established by section 5. (5) Great ape.--The term ``great ape'' means a chimpanzee, gorilla, bonobo, or orangutan. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 4. GREAT APE CONSERVATION ASSISTANCE. (a) In General.--Subject to the availability of funds and in consultation with the Administrator, the Secretary shall use amounts in the Fund to provide financial assistance for projects for the conservation of great apes for which project proposals are approved by the Secretary in accordance with this section. (b) Project Proposals.-- (1) Eligible applicants.--A proposal for a project for the conservation of great apes may be submitted to the Secretary by-- (A) any wildlife management authority of a country that has within its boundaries any part of the range of a great ape if the activities of the authority directly or indirectly affect a great ape population; (B) the CITES Secretariat; or (C) any person or group with the demonstrated expertise required for the conservation of great apes. (2) Required elements.--A project proposal shall include-- (A) a concise statement of the purposes of the project; (B) the name of the individual responsible for conducting the project; (C) a description of the qualifications of the individuals who will conduct the project; (D) a concise description of-- (i) methods for project implementation and outcome assessment; (ii) staff and community management for the project; and (iii) the logistics of the project; (E) an estimate of the funds and time required to complete the project; (F) evidence of support for the project by appropriate governmental entities of the countries in which the project will be conducted, if the Secretary determines that such support is required for the success of the project; (G) information regarding the source and amount of matching funding available for the project; and (H) any other information that the Secretary considers to be necessary for evaluating the eligibility of the project for funding under this Act. (c) Project Review and Approval.-- (1) In general.--The Secretary shall-- (A) not later than 30 days after receiving a project proposal, provide a copy of the proposal to the Administrator; and (B) review each project proposal to determine if the proposal meets the criteria specified in subsection (d). (2) Consultation; approval or disapproval.--Not later than 180 days after receiving a project proposal, and subject to the availability of funds, the Secretary, after consulting with the Administrator, shall-- (A) request written comments on the proposal from the government of each country in which the project is to be conducted; (B) after taking into consideration any comments submitted in response to the request, approve or disapprove the proposal; and (C) provide written notification of the approval or disapproval to the person who submitted the proposal, the Administrator, and each country described in subparagraph (A). (d) Criteria for Approval.--The Secretary may approve a project proposal under this section if the project will enhance programs for conservation of great apes by assisting efforts to-- (1) implement conservation programs; (2) address the conflicts between humans and great apes that arise from competition for the same habitat; (3) enhance compliance with CITES and laws of the United States or a foreign country that prohibit or regulate the taking or trade of great apes or regulate the use and management of great ape habitat; (4) develop sound scientific information on, or methods for monitoring-- (A) the condition and health of great ape habitat; (B) great ape population numbers and trends; or (C) the current and projected threats to the habitat, current and projected numbers, or current and projected trends; or (5) promote cooperative projects on the issues described in paragraph (4) among foreign governments, affected local communities, nongovernmental organizations, or other persons in the private sector. (e) Project Sustainability.--To the maximum extent practicable, in determining whether to approve project proposals under this section, the Secretary shall give preference to conservation projects that are designed to ensure effective, long-term conservation of great apes and their habitats. (f) Matching Funds.--In determining whether to approve project proposals under this section, the Secretary shall give preference to projects for which matching funds are available. (g) Project Reporting.-- (1) In general.--Each person that receives assistance under this section for a project shall submit to the Secretary and the Administrator periodic reports (at such intervals as the Secretary considers necessary) that include all information that the Secretary, after consultation with the Administrator, determines is necessary to evaluate the progress and success of the project for the purposes of ensuring positive results, assessing problems, and fostering improvements. (2) Availability to the public.--Reports under paragraph (1), and any other documents relating to projects for which financial assistance is provided under this Act, shall be made available to the public. (h) Limitations on Use for Captive Breeding.--Amounts provided as a grant under this Act may not be used for captive breeding of great apes other than for captive breeding for release into the wild. SEC. 5. GREAT APE CONSERVATION FUND. (a) Establishment.--There is established in the general fund of the Treasury a trust fund to be known as the ``Great Ape Conservation Fund'', consisting of-- (1) amounts transferred to the Secretary of the Treasury for deposit into the Fund under subsection (e); (2) amounts appropriated to the Fund under section 6; and (3) any interest earned on investment of amounts in the Fund under subsection (c). (b) Expenditures From Fund.-- (1) In general.--Subject to paragraph (2), upon request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary, without further appropriation, such amounts as the Secretary determines are necessary to provide assistance under section 4. (2) Administrative expenses.--An amount not to exceed 6 percent of the amounts in the Fund shall be available for each fiscal year to pay the administrative expenses necessary to carry out this Act. (c) Investment of Amounts.-- (1) In general.--The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. Investments may be made only in interest-bearing obligations of the United States. (2) Acquisition of obligations.--For the purpose of investments under paragraph (1), obligations may be acquired-- (A) on original issue at the issue price; or (B) by purchase of outstanding obligations at the market price. (3) Sale of obligations.--Any obligation acquired by the Fund may be sold by the Secretary of the Treasury at the market price. (4) Credits to fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (d) Transfers of Amounts.-- (1) In general.--The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e) Acceptance and Use of Donations.--The Secretary may accept and use donations to provide assistance under section 4. Amounts received by the Secretary in the form of donations shall be transferred to the Secretary of the Treasury for deposit into the Fund. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years 2000 through 2004. <all>

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2024-06-24T03:06:00.654456

BILLS-106s1008is

Import Surge Relief Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1008 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1008 To modify the standards for responding to import surges under section 201 of the Trade Act of 1974, to establish mechanisms for import monitoring and the prevention of circumvention of United States trade laws, and to strengthen the enforcement of United States trade remedy laws. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Baucus (for himself and Mr. Levin) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To modify the standards for responding to import surges under section 201 of the Trade Act of 1974, to establish mechanisms for import monitoring and the prevention of circumvention of United States trade laws, and to strengthen the enforcement of United States trade remedy laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Import Surge Relief Act''. SEC. 2. AMENDMENTS TO CHAPTER 1 OF TITLE II OF THE TRADE ACT OF 1974. (a) Test for Positive Adjustments to Import Competition.--Section 201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is amended by striking ``be a substantial cause of serious injury, or the threat thereof,'' and inserting ``cause or threaten to cause serious injury''. (b) Investigations and Determinations.--Section 202 of the Trade Act of 1974 (19 U.S.C. 2252) is amended-- (1) in subsection (b)(1)(A), by striking ``be a substantial cause of serious injury, or the threat thereof,'' and inserting ``cause or threaten to cause serious injury''; (2) by amending subsection (b)(1)(B) to read as follows: ``(B) For purposes of this section, the term `cause' refers to a cause that contributes significantly to serious injury, or the threat thereof, to the domestic industry but need not be equal to or greater than any other cause.''; (3) in subsection (c)-- (A) by amending paragraph (1)(A) to read as follows: ``(A) with respect to serious injury-- ``(i) change in the level of sales, production, productivity, capacity utilization, profits and losses, and employment, ``(ii) the significant idling of productive facilities in the domestic industry, ``(iii) the inability of a significant number of firms to carry out domestic production operations at a reasonable level of profit, and ``(iv) significant unemployment or underemployment within the domestic industry;''; (B) in paragraph (1)(B)-- (i) in clause (iii), by striking ``; and'' and inserting ``, and''; and (ii) by inserting after clause (iii) the following: ``(iv) foreign production capacity, foreign inventories, the level of demand in third country markets, and the availability of other export markets to absorb any additional exports; and''; (C) by amending paragraph (1)(C) to read as follows: ``(C) with respect to cause-- ``(i) the rate, amount, and timing of the increase in imports of the product concerned in absolute and relative terms, including whether there has been a substantial increase in imports over a short period of time, and ``(ii) the share of the domestic market taken by increased imports.''; (D) by redesignating paragraphs (3) through (6) as paragraphs (6) through (9), respectively; (E) by striking paragraph (2) and inserting the following: ``(2) In making determinations under paragraph (1) (A) and (B), if domestic producers internally transfer significant production of the article like or directly competitive with the imported article for the production of a downstream article and sell significant production of the article like or directly competitive with the imported article in the merchant market, and the Commission finds that-- ``(A) the article like or directly competitive with the imported article produced that is internally transferred for processing into that downstream article does not enter the merchant market for the article like or directly competitive with the imported article, ``(B) the article like or directly competitive with the imported article is the predominant material input in the production of that downstream article, and ``(C) the production of the article like or directly competitive with the imported article sold in the merchant market is not generally used in the production of the downstream article, then the Commission, in determining market share and the factors affecting financial performance set forth in paragraph (1) (A) and (B), shall focus primarily on the merchant market for the article like or directly competitive with the imported article. ``(3) For purposes of paragraph (2), the terms `internally transfer', `downstream article', and `merchant market' have the same meanings as those terms have when used in section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)). ``(4) In making determinations under subsection (b), the Commission shall-- ``(A) consider the condition of the domestic industry over the course of the relevant business cycle, but may not aggregate the causes of declining demand associated with a recession or economic downturn in the United States economy into a single cause of serious injury or threat of injury; and ``(B) examine factors other than imports which may cause or threaten to cause serious injury to the domestic industry. The Commission shall include the results of its examination under subparagraph (B) in the report submitted by the Commission to the President under subsection (e). ``(5) In making determinations under subsection (b), the Commission shall consider whether any change in the volume of imports that has occurred since a petition under subsection (a) was filed or a request under subsection (b) was made is related to the pendency of the investigation, and if so, the Commission may reduce the weight accorded to the data for the period after the petition under subsection (a) was filed or the request under subsection (b) was made in making its determination of serious injury, or the threat thereof.''; and (F) in paragraph (5), as so redesignated-- (i) by striking ``and (B)'' and inserting ``, (B), and (C)''; and (ii) by striking ``be a substantial cause of serious injury, or the threat thereof,'' and inserting ``cause or threaten to cause serious injury''; (4) in subsection (d)-- (A) in paragraph (1)(A)(ii), by striking ``be, or likely to be a substantial cause of serious injury, or the threat thereof,'' and inserting ``cause, or be likely to cause, or threaten to cause, or be likely to threaten to cause, serious injury''; (B) in paragraph (1)(C), in the matter following clause (ii), by striking ``a substantial cause of serious injury, or the threat thereof,'' and inserting ``causing or threatening to cause serious injury''; (C) by amending paragraph (2)(A) to read as follows: ``(2)(A) When a petition filed under subsection (a) or a request filed under subsection (b) alleges that critical circumstances exist and requests that provisional relief be provided under this subsection with respect to imports of the article identified in the petition or request, the Commission shall, not later than 45 days after the petition or request is filed, determine, on the basis of available information, whether-- ``(i) there is clear evidence that increased imports (either actual or relative to domestic production) of the article are causing or threatening to cause serious injury to the domestic industry producing an article like or directly competitive with the imported article; and ``(ii) delay in taking action under this chapter would cause damage to that industry that would be difficult to repair. In making the determination under clause (ii), the Commission should consider, among other factors that it considers relevant, the timing and volume of the imports, including whether there has been a substantial increase in imports over a short period of time, and any other circumstances indicating that delay in taking action under this chapter would cause damage to the industry that would be difficult to repair.''; and (D) in paragraph (2)(D), by striking ``30'' and inserting ``20''. (c) Presidential Determinations.-- (1) Action by president.--Section 203(a) of the Trade Act of 1974 (19 U.S.C. 2253(a)) is amended-- (A) in paragraph (1)(A), by striking ``and provide greater economic and social benefits than costs'' and inserting ``and will not have an adverse impact on the United States substantially out of proportion to the benefits of such action''; (B) in paragraph (2)(F), by striking the semicolon at the end of clause (iii) and inserting a comma; (C) in paragraph (2)(F), by inserting immediately after clause (iii) the following: ``except that the President shall give substantially greater weight to the factors set out in clause (i) than to those set out in clauses (ii) and (iii);''; and (D) by amending paragraph (2)(I) to read as follows: ``(I) the potential for harm to the national security of the United States; and''. (2) Implementation of action recommended by commission.-- (A) Joint resolution.--Section 203(c) of the Trade Act of 1974 (19 U.S.C. 2253(c)) is amended by striking ``90'' and inserting ``60''. (B) Computation of time.--Section 152(c)(1) of the Trade Act of 1974 (19 U.S.C. 2192(c)(1)) is amended by striking ``not counting any day which is excluded under section 154(b),'' and inserting ``counting all calendar days in the case of a resolution described in subsection (a)(1)(A), and not counting any day which is excluded under section 154(b) in the case of a resolution described in subsection (a) (1)(B) or (2),''. (d) Conforming Amendments.-- (1) Section 203(e)(6)(B) of the Trade Act of 1974 (19 U.S.C. 2253(e)(6)(B)) is amended by striking ``substantially''. (2) Section 264(c) of the Trade Act of 1974 (19 U.S.C. 2354(c)) is amended by striking ``a substantial cause of serious injury or threat thereof'' and inserting ``causing or threatening to cause serious injury''. (3) Section 154(b) of the Trade Act of 1974 (19 U.S.C. 2194(b)) is amended by striking the matter that precedes paragraph (1) and inserting the following: ``(b) The 90-day period referred to in section 407(c)(2) shall be computed by excluding--''. SEC. 3. AMENDMENTS TO SECTION 332 OF THE TARIFF ACT OF 1930. Section 332 of the Tariff Act of 1930 (19 U.S.C. 1332) is amended by adding at the end the following: ``(h) Request for Monitoring.-- ``(1) In general.--Any entity, including a trade association, firm, certified or recognized union, or group of workers, which is representative of a domestic industry that produces an article that is like or directly competitive with an imported article, may file a request with the President pursuant to paragraph (2) for the monitoring of imports of such article under subsection (g). ``(2) Time for presidential action.--If the request filed under paragraph (1) alleges that an article is being imported into the United States in such increased quantities as to cause serious injury, or threat thereof, to a domestic industry, the President, within 45 days after receiving the request, shall determine if monitoring is appropriate. ``(3) Monitoring by commission.--If the determination under paragraph (2) is affirmative, the President shall request, under subsection (g), that the Commission monitor and investigate the imports concerned for a period not to exceed 2 years.''. SEC. 4. EARLY RELEASE OF IMPORT DATA. In order to facilitate the early identification of potentially disruptive import surges, the Director of the Office of Management and Budget may grant an exception to the publication dates established for the release of data on United States international trade in goods and services in order to permit public access to preliminary international trade import data, if the Director notifies Congress of the early release of the data. SEC. 5. ESTABLISHMENT OF IMPORT MONITORING PROGRAM. Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended by adding at the end the following: ``(h) Steel and Agricultural Products Import Monitoring and Enforcement Support Program.--There is established a Steel and Agricultural Import Monitoring and Enforcement Program-- ``(1) to promote and defend policy with respect to United States import safeguards and countervailing or antidumping duty actions if challenged in the World Trade Organization; and ``(2) to identify foreign trade-distorting measures and develop policies and responsive actions to address them.''. SEC. 6. HTS SUFFIX FOR MERCHANDISE SUBJECT TO ANTIDUMPING OR COUNTERVAILING DUTY ORDER. Section 484(f) of the Tariff Act of 1930 (19 U.S.C. 1484(f)) is amended-- (1) by striking ``The Secretary'' and inserting ``(1) The Secretary''; and (2) by adding at the end the following: ``(2) The Secretary of the Treasury, the Secretary of Commerce, and the International Trade Commission shall establish a suffix to the Harmonized Tariff Schedule of the United States for merchandise that is subject to countervailing duty orders or antidumping duty orders under title VII of this Act, or subject to actions by the President under chapter 1 of title II, or section 406, of the Trade Act of 1974.''. SEC. 7. PRODUCT MONITORING. (a) In General.--The Secretary of Commerce shall monitor imports on a monthly basis for import surges and potential unfair trade through the year 2000. Products to be monitored shall be determined by the Secretary of Commerce based on the import surge data compiled by the Secretary, but shall include, at a minimum, steel products, agricultural products, and other import-sensitive products identified by United States industries or entities representative of a United States industry that meet the necessary criteria established by the Secretary. In determining whether to monitor imports of a specific product, the Secretary shall consider the percentage increase in imports, the volume or value of imports, as appropriate, the level of import penetration, and any other factors the Secretary considers necessary. (b) Reporting Requirements.--Within 30 days after the release of the official December import statistics for calendar year 1999 and for calendar year 2000, the Secretary of Commerce shall submit a report to Congress summarizing the monitoring activities under this section for that calendar year and identifying products to be monitored in the next calendar year. In addition, in the report to Congress covering calendar year 1999, the Secretary of Commerce shall determine whether trade conditions during the calendar year 1999 merit extending the import monitoring program beyond the program's scheduled expiration at the end of calendar year 2000. SEC. 8. ITC INVESTIGATION OF ANTICOMPETITIVE PRACTICES IN INTERNATIONAL STEEL AND AGRICULTURAL PRODUCTS TRADE. (a) In General.--Not later than 30 days after the date of enactment of this Act, the United States International Trade Commission shall commence an investigation under section 332 of the Tariff Act of 1930-- (1) to collect information on anticompetitive practices in the international trade of steel and agricultural products; (2) to assess the adverse effects of such practices on United States producers, workers, and consumers; (3) to collect information on import licensing arrangements of other members of the World Trade Organization; and (4) to report to the Committees on Ways and Means and Agriculture of the House of Representatives, the Committees on Finance and Agriculture, Nutrition, and Forestry of the Senate, and the United States Trade Representative on its findings within 1 year after the date of enactment of this Act. (b) Inclusion in National Trade Estimate Report.--The United States Trade Representative shall include the findings of the International Trade Commission under subsection (a) in a special section of the report submitted under section 181(b) of the Trade Act of 1974 after the 1-year period beginning on the date of enactment of this Act. In that section, the Trade Representative shall identify and explain any anticompetitive practices in the international trade of steel and agricultural products, evaluate the compatibility of import licensing programs with obligations under the World Trade Organization, and propose steps to be taken to address anticompetitive practices and practices inconsistent with the World Trade Organization. (c) Definitions.--In this section, the term ``anticompetitive practices in the international trade of steel and agricultural products'' means-- (1) monopolies or cartels, whether or not sanctioned by government authorities, which restrict the output, delivery, or pricing of steel products or agricultural products; (2) agreements between steel producers (or agricultural products producers), whether or not sanctioned by government authorities, to restrict the flow of steel products (or agricultural products) or limit price competition in the international trade of steel or agricultural products; and (3) coercion or threats by manufacturers to distributors or consumers which have the effect of restricting imports of steel or agricultural products. <all>

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2024-06-24T03:06:00.671700

BILLS-106s1002is

Medicare Psychiatric Hospital Prospective Payment System Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1002 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1002 To amend title XVIII of the Social Security Act to provide for a prospective payment system for services furnished by psychiatric hospitals under the Medicare Program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Mack (for himself and Mr. Breaux) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to provide for a prospective payment system for services furnished by psychiatric hospitals under the Medicare Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Psychiatric Hospital Prospective Payment System Act of 1999''. SEC. 2. MEDICARE PROSPECTIVE PAYMENT SYSTEM FOR PSYCHIATRIC FACILITIES. (a) Establishment of Prospective Payment System.--Section 1886 of the Social Security Act (42 U.S.C. 1395ww) is amended by adding at the end the following: ``(l) Prospective Payment System for Inpatient Psychiatric Services.-- ``(1) Amount of payment.-- ``(A) During transition period.--Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility (as defined in paragraph (7)(C)) for each day of services furnished in a cost reporting period beginning on or after October 1, 2000, and before October 1, 2003, is equal to the sum of-- ``(i) the TEFRA percentage (as defined in paragraph (7)(D)) of the facility-specific per diem rate (determined under paragraph (2)); and ``(ii) the PPS percentage (as defined in paragraph (7)(B)) of the applicable Federal per diem rate (determined under paragraph (3)). ``(B) Under fully implemented system.-- Notwithstanding section 1814(b), but subject to the provisions of section 1813, the amount of payment with respect to the operating and capital-related costs of inpatient hospital services of a psychiatric facility for each day of services furnished in a cost reporting period beginning on or after October 1, 2003, is equal to the applicable Federal per diem rate determined under paragraph (3) for the facility for the fiscal year in which the day of services occurs. ``(C) New facilities.--In the case of a psychiatric facility that does not have a base fiscal year (as defined in paragraph (7)(A)), payment for the operating and capital-related costs of inpatient hospital services shall be made under this subsection using the applicable Federal per diem rate. ``(2) Determination of facility-specific per diem rates.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period after the cost reporting period beginning in the base fiscal year and before October 1, 2003, by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(3) Determination of federal per diem rate.-- ``(A) Base year.--The Secretary shall determine, on a per diem basis, the allowable operating and capital- related costs of inpatient hospital services for each psychiatric facility for its cost reporting period (if any) beginning in the base fiscal year (as defined in paragraph (7)(A)), such costs determined as if subsection (b)(8) did not apply. ``(B) Updating to first fiscal year.--The Secretary shall update the amount determined under subparagraph (A) for each cost reporting period up to the first cost reporting period to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(C) Computation of standardized per diem rate.-- The Secretary shall standardize the amount determined under subparagraph (B) for each facility by-- ``(i) adjusting for variations among facilities by area in the average facility wage level per diem; and ``(ii) adjusting for variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)). ``(D) Computation of weighted average per diem rates.-- ``(i) Separate rates for urban and rural areas.--Based on the standardized amounts determined under subparagraph (C) for each facility, the Secretary shall compute a separate weighted average per diem rate-- ``(I) for all psychiatric facilities located in an urban area (as defined in subsection (d)(2)(D)); and ``(II) for all psychiatric facilities located in a rural area (as defined in subsection (d)(2)(D)). ``(ii) For hospitals and units.--In the areas referred to in clause (i), the Secretary may compute a separate weighted average per diem rate for-- ``(I) psychiatric hospitals; and ``(II) psychiatric units described in the matter following clause (v) of subsection (d)(1)(B). If the Secretary establishes separate average weighted per diem rates under this clause, the Secretary shall also establish separate average per diem rates for psychiatric facilities in such categories that are owned and operated by an agency or instrumentality of Federal, State, or local government and for psychiatric facilities other than such facilities. ``(iii) Weighted average.--In computing the weighted averages under clauses (i) and (ii), the standardized per diem amount for each facility shall be weighted for each facility by the number of days of inpatient hospital services furnished during its cost reporting period beginning in the base fiscal year. ``(E) Updating.--The weighted average per diem rates determined under subparagraph (D) shall be updated for each fiscal year after the first fiscal year to which this subsection applies by a factor equal to the market basket percentage increase (as defined in subsection (b)(3)(B)(iii)). ``(F) Determination of Federal per diem rate.-- ``(i) In general.--The Secretary shall compute for each psychiatric facility for each fiscal year (beginning with fiscal year 2001) a Federal per diem rate equal to the applicable weighted average per diem rate determined under subparagraph (E), adjusted for-- ``(I) variations among facilities by area in the average facility wage level per diem; ``(II) variations in case mix per diem among facilities (based on the patient classification system established by the Secretary under paragraph (4)); and ``(III) variations among facilities in the proportion of low-income patients served by the facility. ``(ii) Other adjustments.--In computing Federal per diem rates under this subparagraph, the Secretary may adjust for outlier cases, the indirect costs of medical education, and such other factors as the Secretary determines to be appropriate. ``(iii) Budget neutrality.--The adjustments specified in clauses (i)(I), (i)(III), and (ii) shall be implemented in a manner that does not result in aggregate payments under this subsection that are greater or less than those aggregate payments that otherwise would have been made if such adjustments did not apply. ``(4) Establishment of patient classification system.-- ``(A) In general.--The Secretary shall establish-- ``(i) classes of patients of psychiatric facilities (in this paragraph referred to as `case mix groups'), based on such factors as the Secretary determines to be appropriate; and ``(ii) a method of classifying specific patients in psychiatric facilities within these groups. ``(B) Weighting factors.--For each case mix group, the Secretary shall assign an appropriate weighting factor that reflects the relative facility resources used with respect to patients classified within that group compared to patients classified within other such groups. ``(5) Data collection; utilization monitoring.-- ``(A) Data collection.--The Secretary may require psychiatric facilities to submit such data as is necessary to implement the system established under this subsection. ``(B) Utilization monitoring.--The Secretary shall monitor changes in the utilization of inpatient hospital services furnished by psychiatric facilities under the system established under this subsection and report to the appropriate committees of Congress on such changes, together with recommendations for legislation (if any) that is needed to address unwarranted changes in such utilization. ``(6) Special adjustments.--Notwithstanding the preceding provisions of this subsection, the Secretary shall reduce aggregate payment amounts that would otherwise be payable under this subsection for inpatient hospital services furnished by a psychiatric facility during cost reporting periods beginning in fiscal years 2001 and 2002 by such uniform percentage as is necessary to assure that payments under this subsection for such cost reporting periods are reduced by an amount that is equal to the sum of-- ``(A) the aggregate increase in payments under this title during fiscal years 1999 and 2000, that is attributable to the operation of subsection (b)(8); and ``(B) the aggregate increase in payments under this title during fiscal years 2001 and 2002 that is attributable to the application of the market basket percentage increase under paragraphs (2)(B) and (3)(E) of this subsection in lieu of the provisions of subclauses (VI) and (VII) of subsection (b)(3)(B)(ii). Reductions under this paragraph shall not affect computation of the amounts payable under this subsection for cost reporting periods beginning in fiscal years after fiscal year 2002. ``(7) Definitions.--For purposes of this subsection: ``(A) The term `base fiscal year' means, with respect to a hospital, the most recent fiscal year ending before the date of enactment of this subsection for which audited cost report data are available. ``(B) The term `PPS percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 25 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 75 percent. ``(C) The term `psychiatric facility' means-- ``(i) a psychiatric hospital; and ``(ii) a psychiatric unit described in the matter following clause (v) of subsection (d)(1)(B). ``(D) The term `TEFRA percentage' means-- ``(i) with respect to cost reporting periods beginning on or after October 1, 2000, and before October 1, 2001, 75 percent; ``(ii) with respect to cost reporting periods beginning on or after October 1, 2001, and before October 1, 2002, 50 percent; and ``(iii) with respect to cost reporting periods beginning on or after October 1, 2002, and before October 1, 2003, 25 percent.''. (b) Limit on Reductions Under Balanced Budget Act.--Section 1886(b) of the Social Security Act (42 U.S.C. 1395ww(b)) is amended by adding at the end the following: ``(8) Notwithstanding the amendments made by sections 4411, 4414, 4415, and 4416 of the Balanced Budget Act of 1997, in the case of a psychiatric facility (as described in subsection (l)(7(C)(ii)), the amount of payment for the operating costs of inpatient hospital services for cost reporting periods beginning on or after October 1, 1998, and before October 1, 2000, shall not be less than 95 percent of the amount that would have been paid for such costs if such amendments did not apply. (c) Effective Date.--The amendments made by subsections (a) and (b) shall apply as if included in the enactment of the Balanced Budget Act of 1997. <all>

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2024-06-24T03:06:00.686748

BILLS-106s1005is

Deadly Driver Reduction Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1005 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1005 To amend title 23, United States Code, to provide for national minimum sentences for individuals convicted of operating motor vehicles under the influence of alcohol. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Lautenberg introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend title 23, United States Code, to provide for national minimum sentences for individuals convicted of operating motor vehicles under the influence of alcohol. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Deadly Driver Reduction Act''. SEC. 2. NATIONAL MINIMUM SENTENCES FOR INDIVIDUALS CONVICTED OF OPERATING MOTOR VEHICLES WHILE UNDER THE INFLUENCE OF ALCOHOL. (a) In General.--Section 164 of title 23, United States Code, is amended to read as follows: ``Sec. 164. National minimum sentences for individuals convicted of operating motor vehicles while under the influence of alcohol ``(a) Definitions.--In this section: ``(1) Blood alcohol concentration.--The term `blood alcohol concentration' means grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. ``(2) Driving under the influence.--The term `driving under the influence' means operating a motor vehicle while having a blood alcohol concentration above the limit established by the State in which the motor vehicle is operated. ``(3) Motor vehicle.--The term `motor vehicle' means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public highways, but does not include a vehicle operated solely on a rail line or a commercial vehicle. ``(4) Operate.--The term `operate', with respect to a motor vehicle, means to drive or be in actual physical control of the motor vehicle. ``(b) Withholding of Apportionments for Noncompliance.-- ``(1) Fiscal year 2003.--The Secretary shall withhold 5 percent of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2002, if the State does not meet the requirements of paragraph (3) on that date. ``(2) Subsequent fiscal years.--The Secretary shall withhold 10 percent (including any amounts withheld under paragraph (1)) of the amount required to be apportioned to any State under each of paragraphs (1), (3), and (4) of section 104(b) on October 1, 2003, and on October 1 of each fiscal year thereafter, if the State does not meet the requirements of paragraph (3) on that date. ``(3) Requirements.-- ``(A) In general.--A State meets the requirements of this paragraph if the State has enacted and is enforcing a law that provides for a minimum sentence consistent with the following and with subparagraph (B): ``(i) Except as provided in clause (ii), in the case of the first conviction of an individual for driving under the influence, a sentence requiring-- ``(I) revocation of the individual's driver's license for 6 months; ``(II) payment of a $500 fine by the individual; and ``(III)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(ii) In the case of the first conviction of an individual for operating a motor vehicle with a blood alcohol concentration of .16 or greater, a sentence requiring-- ``(I) revocation of the individual's driver's license for 6 months, or for 2 years if, at the time of arrest, the individual refused to take a breath test to determine the individual's blood alcohol concentration; ``(II) imposition of a requirement on the individual prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for 5 years; ``(III) impoundment or immobilization of the individual's motor vehicle for 30 days; ``(IV) imposition of a requirement on the individual requiring the installation of an ignition interlock system on the individual's motor vehicle for 180 days; ``(V) payment of a $750 fine by the individual; ``(VI) 10 days of imprisonment of, or 60 days of community service by, the individual; and ``(VII)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(iii) Except as provided in clause (iv), in the case of the second conviction of an individual for driving under the influence, a sentence requiring-- ``(I) revocation of the individual's driver's license for 1 year, or for 2 years if, at the time of arrest, the individual refused to take a breath test to determine the individual's blood alcohol concentration; ``(II) imposition of a requirement on the individual prohibiting the individual from operating a motor vehicle with a blood alcohol concentration of .05 or greater for 5 years; ``(III) impoundment or immobilization of the individual's motor vehicle for 60 days; ``(IV) imposition of a requirement on the individual requiring the installation of an ignition interlock system on the individual's motor vehicle for 1 year; ``(V) payment of a $1,000 fine by the individual; ``(VI) 10 days of imprisonment of, or 60 days of community service by, the individual; and ``(VII)(aa) an assessment of the individual's degree of alcohol abuse; and ``(bb) appropriate treatment. ``(iv) In the case of the third or subsequent conviction of an individual for driving under the influence, or in the case of a second such conviction if the individual's first such conviction was a conviction described in clause (ii), a sentence requiring permanent revocation of the individual's driver's license. ``(B) Revocations.--A revocation of a driver's license under subparagraph (A) shall not be subject to any exception or condition, including an exception or condition to avoid hardship to any individual. ``(c) Period of Availability; Effect of Compliance and Noncompliance.-- ``(1) Period of availability of withheld funds.-- ``(A) Funds withheld on or before september 30, 2004.--Any funds withheld under subsection (b) from apportionment to any State on or before September 30, 2004, shall remain available until the end of the third fiscal year following the fiscal year for which the funds are authorized to be appropriated. ``(B) Funds withheld after september 30, 2004.--No funds withheld under this section from apportionment to any State after September 30, 2004, shall be available for apportionment to the State. ``(2) Apportionment of withheld funds after compliance.-- If, before the last day of the period for which funds withheld under subsection (b) from apportionment are to remain available for apportionment to a State under paragraph (1)(A), the State meets the requirements of subsection (b)(3), the Secretary shall, on the first day on which the State meets the requirements, apportion to the State the funds withheld under subsection (b) that remain available for apportionment to the State. ``(3) Period of availability of subsequently apportioned funds.-- ``(A) In general.--Any funds apportioned under paragraph (2) shall remain available for expenditure until the end of the third fiscal year following the fiscal year in which the funds are so apportioned. ``(B) Treatment of certain funds.--Any funds apportioned under paragraph (2) that are not obligated at the end of the period referred to in subparagraph (A) shall lapse. ``(4) Effect of noncompliance.--If, at the end of the period for which funds withheld under subsection (b) from apportionment are available for apportionment to a State under paragraph (1)(A), the State does not meet the requirements of subsection (b)(3), the funds shall lapse.''. (b) Conforming Amendment.--The analysis for subchapter I of chapter 1 of title 23, United States Code, is amended by striking the item relating to section 164 and inserting the following: ``164. National minimum sentences for individuals convicted of operating motor vehicles while under the influence of alcohol.''. <all>

usgpo

2024-06-24T03:06:00.747390

BILLS-106s1006is

To end the use of conventional steel-jawed leghold traps on animals in the United States.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1006 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1006 To end the use of conventional steel-jawed leghold traps on animals in the United States. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Torricelli (for himself, Mrs. Boxer, Mrs. Feinstein, Mr. Kerry, and Mr. Lautenberg) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To end the use of conventional steel-jawed leghold traps on animals in the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DECLARATION OF POLICY. It is the policy of the United States to end the needless maiming and suffering inflicted upon animals through the use of leghold traps by prohibiting the import or export of, and the shipment in interstate commerce of, such traps and of articles of fur from animals that were trapped in such traps. SEC. 2. DEFINITIONS. In this Act: (1) Article of fur.--The term ``article of fur'' means-- (A) any furskin, whether raw or tanned or dressed; or (B) any article, however produced, that consists in whole or part of any furskin. For purposes of subparagraph (A), the terms ``furskin'', ``raw'', and ``tanned or dressed'' have the same respective meanings as those terms have under headnote 1 of chapter 43 of the Harmonized Tariff Schedule of the United States. (2) Customs laws of the united states.--The term ``customs laws of the United States'' means any law enforced or administered by the Customs Service of the United States. (3) Interstate commerce.--The term ``interstate commerce'' has the same meaning given such term in section 10 of title 18, United States Code. (4) Import.--The term ``import'' means to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States, whether or not such landing, bringing, or introduction constitutes an entry into the customs territory of the United States. (5) Person.--The term ``person'' includes any individual, partnership, association, corporation, trust, or any officer, employee, agent, department, or instrumentality of the Federal Government or of any State or political subdivision thereof, or any other entity subject to the jurisdiction of the United States. (6) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (7) Conventional steel-jawed leghold trap.--The term ``conventional steel-jawed leghold trap'' means any spring- powered pan- or sear-activated device with two opposing steel- jaws, whether the jaws are smooth, toothed, padded, or offset, designed to capture an animal by snapping closed upon the animal's limb or part thereof. SEC. 3. PROHIBITED ACTS AND PENALTIES. (a) Offenses.--It is unlawful for any person knowingly-- (1) to import, export, ship, or receive in interstate commerce an article of fur if any part of the article of fur is derived from an animal that was trapped in a conventional steel-jawed leghold trap; (2) to import, export, deliver, carry, transport, or ship, by any means whatever, in interstate commerce, any conventional steel-jawed leghold trap; or (3) to sell, receive, acquire, or purchase any conventional steel-jawed leghold trap that was delivered, carried, transported, or shipped in violation of paragraph (2). (b) Penalties.--A person who violates subsection (a), in addition to any other penalty that may be imposed-- (1) for the first such violation, shall be guilty of an infraction punishable under title 18, United States Code; and (2) for each subsequent violation, shall be imprisoned not more than 2 years, fined under title 18, United States Code, or both. SEC. 4. REWARDS. The Secretary shall pay, to any person who furnishes information which leads to a conviction of a violation of any provision of this Act or any regulation issued thereunder, an amount equal to one-half of the fine paid pursuant to the conviction. Any officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his or her official duties is not eligible for payment under this section. SEC. 5. ENFORCEMENT. (a) In General.--Except with respect to violations of this Act to which subsection (b) applies, the provisions of this Act and any regulations issued pursuant thereto shall be enforced by the Secretary, who may use by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency or of any State agency for purposes of enforcing this Act. (b) Export and Import Violations.-- (1) Import violations.--The importation of articles in violation of section 3 shall be treated as a violation of the customs laws of the United States, and the provisions of law relating to violations of the customs laws shall apply thereto. (2) Export violations.--The provisions of the Export Administration Act of 1979 (including the penalty provisions) (50 U.S.C. App. 2401 et seq.) shall apply for purposes of enforcing the prohibition relating to the export of articles described in section 3. (c) Judicial Process.--The district courts of the United States may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process as may be required for enforcement of this Act and any regulation issued thereunder. (d) Enforcement Authorities.--Any individual having authority to enforce this Act (except with respect to violations to which subsection (b) applies), may, in exercising such authority-- (1) detain for inspection, search, and seizure any package, crate, or other container, including its contents, and all accompanying documents, if such individual has reasonable cause to suspect that in such package, crate, or other container are articles with respect to which a violation of this Act (except with respect to violations to which subsection (b) applies) has occurred, is occurring, or is about to occur; (2) make arrests without a warrant for any violation of this Act (except with respect to violations to which subsection (b) applies) committed in the individual's presence or view or if the individual has probable cause to believe that the person to be arrested has committed or is committing such a violation; and (3) execute and serve any arrest warrant, search warrant, or other warrant or criminal process issued by any judge or magistrate of any court of competent jurisdiction for enforcement of this Act (except with respect to violations to which subsection (b) applies). (e) Forfeiture.-- (1) In general.--Except as provided in paragraph (3), any article of fur or conventional steel-jawed leghold trap taken, possessed, sold, purchased, offered for sale or purchase, transported, delivered, received, carried, or shipped in violation of this Act shall be subject to forfeiture to the United States. (2) Applicable law.--The provisions of law relating to-- (A) the seizure, summary and judicial forfeiture, and condemnation of property for violations of the customs laws, (B) the disposition of such property or the proceeds from the sale thereof, (C) the remission or mitigation of such forfeitures, and (D) the compromise of claims, shall apply to seizures and forfeitures under this subsection, except that the duties performed by a customs officer or any other person with respect to the seizure and forfeiture of property under the customs laws of the United States may be performed with respect to seizures and forfeitures of property under this subsection by the Secretary or such officers and employees as the Secretary may designate. (3) Exception.--The provisions of the Export Administration Act of 1979 shall apply with respect to the seizure and forfeiture of any article of fur or conventional steel-jawed leghold trap exported in violation of this Act, and the customs laws of the United States shall apply with respect to the seizure and forfeiture of any such article or trap imported in violation of this Act. (f) Injunctions.--The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this Act. (g) Cooperation.--The Secretary of Commerce, the Secretary of the Treasury, and the head of any other department or agency with enforcement responsibilities under this Act shall cooperate with the Secretary in ensuring that this Act is enforced in the most effective and efficient manner. SEC. 6. REGULATIONS. The Secretary shall prescribe such regulations as are necessary to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect on the date that is 1 year after the date of enactment. <all>

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2024-06-24T03:06:00.827373

BILLS-106s1009ris

Intelligence Authorization Act for Fiscal Year 2000

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1009 Referral Instructions Senate (RIS)] Calendar No. 108 106th CONGRESS 1st Session S. 1009 [Report No. 106-48] _______________________________________________________________________ A BILL To authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. _______________________________________________________________________ May 13, 1999 Referred to the Committee on Armed Services, pursuant to section 3(b) of Senate Resolution 400, Ninety-forth Congress, for a period not to exceed 30 days of session Calendar No. 108 106th CONGRESS 1st Session S. 1009 [Report No. 106-48] To authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Shelby, from the Select Committee on Intelligence, reported the following original bill; which was read twice and placed on the calendar May 13, 1999 Referred to the Committee on Armed Services, pursuant to section 3(b) of Senate Resolution 400, Ninety-fourth Congress, for a period not to exceed 30 days of session _______________________________________________________________________ A BILL To authorize appropriations for fiscal year 2000 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Intelligence Authorization Act for Fiscal Year 2000''. (b) Table of Contents.--The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified schedule of authorizations. Sec. 103. Personnel ceiling adjustments. Sec. 104. Community Management Account. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 201. Authorization of appropriations. TITLE III--GENERAL PROVISIONS Sec. 301. Increase in employee compensation and benefits authorized by law. Sec. 302. Restriction on conduct of intelligence activities. Sec. 303. Extension of application of sanctions laws to intelligence activities. Sec. 304. Access to computers and computer data of executive branch employees with access to classified information. Sec. 305. Naturalization of certain persons affiliated with a Communist or similar party. Sec. 306. Funding for infrastructure and quality of life improvements at Menwith Hill and Bad Aibling stations. Sec. 307. Technical amendment. TITLE IV--CENTRAL INTELLIGENCE AGENCY Sec. 401. Improvement and extension of central services program. Sec. 402. Extension of CIA Voluntary Separation Pay Act. TITLE V--DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES Sec. 501. Short title. Sec. 502. Moratorium on foreign visitors program. Sec. 503. Background checks on all foreign visitors to national laboratories. Sec. 504. Report to Congress. Sec. 505. Definitions. TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS Sec. 601. Expansion of definition of ``agent of a foreign power'' for purposes of the Foreign Intelligence Surveillance Act of 1978. Sec. 602. Federal Bureau of Investigation reports to other executive agencies on results of counterintelligence activities. TITLE I--INTELLIGENCE ACTIVITIES SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Funds are hereby authorized to be appropriated for fiscal year 2000 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force. (6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Federal Bureau of Investigation. (10) The National Reconnaissance Office. (11) The National Imagery and Mapping Agency. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. (a) Specifications of Amounts and Personnel Ceilings.--The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 2000, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the conference report on the bill ________ of the One Hundred Sixth Congress. (b) Availability of Classified Schedule of Authorizations.--The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President. The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the Executive Branch. SEC. 103. PERSONNEL CEILING ADJUSTMENTS. (a) Authority for Adjustments.--With the approval of the Director of the Office of Management and Budget, the Director of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2000 under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, for any element of the intelligence community, exceed two percent of the number of civilian personnel authorized under such section for such element. (b) Notice to Intelligence Committees.--The Director of Central Intelligence shall promptly notify the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate whenever the Director exercises the authority granted by this section. SEC. 104. COMMUNITY MANAGEMENT ACCOUNT. (a) Authorization of Appropriations.--There is authorized to be appropriated for the Community Management Account of the Director of Central Intelligence for fiscal year 2000 the sum of $171,700,000. (b) Authorized Personnel Levels.--The elements within the Community Management Account of the Director of Central Intelligence are authorized a total of 353 full-time personnel as of September 30, 2000. Personnel serving in such elements may be permanent employees of the Community Management Account element or personnel detailed from other elements of the United States Government. (c) Classified Authorizations.-- (1) Authorization of appropriations.--In addition to amounts authorized to be appropriated for the Community Management Account by subsection (a), there is also authorized to be appropriated for the Community Management Account for fiscal year 2000 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts shall remain available until September 30, 2001. (2) Authorization of personnel.--In addition to the personnel authorized by subsection (b) for elements of the Community Management Account as of September 30, 2000, there is hereby authorized such additional personnel for such elements as of that date as is specified in the classified Schedule of Authorizations. (d) Reimbursement.--Except as provided in section 113 of the National Security Act of 1947 (50 U.S.C. 404h), during fiscal year 2000, any officer or employee of the United States or member of the Armed Forces who is detailed to the staff of an element within the Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence. (e) National Drug Intelligence Center.-- (1) In general.--Of the amount authorized to be appropriated in subsection (a), $27,000,000 shall be available for the National Drug Intelligence Center. Within such amount, funds provided for research, development, test, and evaluation purposes shall remain available until September 30, 2001, and funds provided for procurement purposes shall remain available until September 30, 2002. (2) Transfer of funds.--The Director of Central Intelligence shall transfer to the Attorney General of the United States funds available for the National Drug Intelligence Center under paragraph (1). The Attorney General shall utilize funds so transferred for activities of the Center. (3) Limitation.--Amounts available for the National Drug Intelligence Center may not be used in contravention of the provisions of section 103(d)(1) of the National Security Act of 1947 (50 U.S.C. 403-3(d)(1)). (4) Authority.--Notwithstanding any other provision of law, the Attorney General shall retain full authority over the operations of the National Drug Intelligence Center. TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM SEC. 201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2000 the sum of $209,100,000. TITLE III--GENERAL PROVISIONS SEC. 301. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY LAW. Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. SEC. 302. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. SEC. 303. EXTENSION OF APPLICATION OF SANCTIONS LAWS TO INTELLIGENCE ACTIVITIES. Section 905 of the National Security Act of 1947 (50 U.S.C. 441d) is amended by striking ``January 6, 2000'' and inserting ``January 6, 2001''. SEC. 304. ACCESS TO COMPUTERS AND COMPUTER DATA OF EXECUTIVE BRANCH EMPLOYEES WITH ACCESS TO CLASSIFIED INFORMATION. (a) Access.--Section 801(a)(3) of the National Security Act of 1947 (50 U.S.C. 435(a)(3)) is amended by striking ``and travel records'' and inserting ``travel records, and computers used in the performance of government duties''. (b) Computer Defined.--Section 804 of that Act (50 U.S.C. 438) is amended-- (1) by striking ``and'' at the end of paragraph (6); (2) by striking the period at the end of paragraph (7) and inserting ``; and''; and (3) by adding at the end the following: ``(8) the term `computer' means any electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device.''. (c) Applicability.--The President shall modify the procedures required by section 801(a)(3) of the National Security Act of 1947 to take into account the amendment to that section made by subsection (a) of this section not later than 90 days after the date of the enactment of this Act. SEC. 305. NATURALIZATION OF CERTAIN PERSONS AFFILIATED WITH A COMMUNIST OR SIMILAR PARTY. Section 313 of the Immigration and Nationality Act (8 U.S.C. 1424) is amended by adding at the end the following: ``(e) A person may be naturalized under this title without regard to the prohibitions in subsections (a)(2) and (c) of this section, if the person-- ``(1) is otherwise eligible for naturalization; ``(2) is within the class described in subsection (a)(2) solely because of past membership in, or past affiliation with, a party or organization described in that subsection; ``(3) does not fall within any other of the classes described in that subsection; and ``(4) is jointly determined by the Director of Central Intelligence, the Attorney General, and the Commissioner of Immigration and Naturalization to have made a contribution to the national security or to the national intelligence mission of the United States.''. SEC. 306. FUNDING FOR INFRASTRUCTURE AND QUALITY OF LIFE IMPROVEMENTS AT MENWITH HILL AND BAD AIBLING STATIONS. Section 506(b) of the Intelligence Authorization Act for Fiscal Year 1996 (Public Law 104-93; 109 Stat. 974), as amended by section 502 of the Intelligence Authorization Act for Fiscal Year 1998 (Public Law 105-107; 111 Stat. 2262), is further amended by striking ``for fiscal years 1998 and 1999'' and inserting ``for fiscal years 2000 and 2001''. SEC. 307. TECHNICAL AMENDMENT. Section 305(b)(2) of the Intelligence Authorization Act for Fiscal Year 1997 (Public Law 104-293, 110 Stat. 3465; 8 U.S.C. 1427 note) is amended by striking ``subparagraph (A), (B), (C), or (D) of section 243(h)(2) of such Act'' and inserting ``clauses (i) through (iv) of section 241(b)(3)(B) of such Act''. TITLE IV--CENTRAL INTELLIGENCE AGENCY SEC. 401. IMPROVEMENT AND EXTENSION OF CENTRAL SERVICES PROGRAM. (a) Scope of Provision of Items and Services.--Subsection (a) of section 21 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 403u) is amended by striking ``and to other'' and inserting ``, nonappropriated fund entities or instrumentalities associated or affiliated with the Agency, and other''. (b) Deposits in Central Services Working Capital Fund.--Subsection (c)(2) of that section is amended-- (1) by amending subparagraph (D) to read as follows: ``(D) Amounts received in payment for loss or damage to equipment or property of a central service provider as a result of activities under the program.''; (2) by redesignating subparagraph (E) as subparagraph (F); and (3) by inserting after subparagraph (D), as so amended, the following new subparagraph (E): ``(E) Other receipts from the sale or exchange of equipment or property of a central service provider as a result of activities under the program.''. (c) Availability of Fees.--Section (f)(2)(A) of that section is amended by inserting ``central service providers and any'' before ``elements of the Agency''. (d) Extension of Program.--Subsection (h)(1) of that section is amended by striking ``March 31, 2000'' and inserting ``March 31, 2005''. SEC. 402. EXTENSION OF CIA VOLUNTARY SEPARATION PAY ACT. (a) Extension of Authority.--Section 2(f) of the Central Intelligence Agency Voluntary Separation Pay Act (50 U.S.C. 403-4 note) is amended by striking ``September 30, 1999'' and inserting ``September 30, 2000''. (b) Remittance of Funds.--Section 2(i) of that Act is amended by striking ``or fiscal year 1999'' and inserting ``, 1999, or 2000''. TITLE V--DEPARTMENT OF ENERGY INTELLIGENCE ACTIVITIES SEC. 501. SHORT TITLE. This title may be cited as the ``Department of Energy Sensitive Country Foreign Visitors Moratorium Act of 1999''. SEC. 502. MORATORIUM ON FOREIGN VISITORS PROGRAM. (a) Moratorium.--The Secretary of Energy may not admit to any classified facility of a national laboratory any individual who is a citizen of a nation that is named on the current Department of Energy sensitive countries list. (b) Waiver Authority.--(1) The Secretary of Energy may waive the prohibition in subsection (a) on a case-by-case basis with respect to specific individuals whose admission to a national laboratory is determined by the Secretary to be necessary for the national security of the United States. (2) Not later than 30 days after granting a waiver under paragraph (1), the Secretary shall submit to committees referred to in paragraph (4) a report in writing regarding the waiver. The report shall identify each individual for whom such a waiver was granted and, with respect to each such individual, provide a detailed justification for the waiver and the Secretary's certification that the admission of that individual to a national laboratory is necessary for the national security of the United States. (3) The authority of the Secretary under paragraph (1) may not be delegated. (4) The committees referred to in this paragraph are the following: (A) The Committees on Armed Services, Appropriations, Commerce, and Energy and Natural Resources and the Select Committee on Intelligence of the Senate. (B) The Committees on Armed Services, Appropriations, Commerce, and Resources and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 503. BACKGROUND CHECKS ON ALL FOREIGN VISITORS TO NATIONAL LABORATORIES. Before an individual who is a citizen of a foreign nation is allowed to enter a national laboratory, the Secretary of Energy shall require that a security clearance investigation (known as a ``background check'') be carried out on that individual. SEC. 504. REPORT TO CONGRESS. (a) Report.--(1) The Director of Central Intelligence and the Director of the Federal Bureau of Investigation jointly shall submit to the committees referred to in subsection (c) a report on counterintelligence activities at the national laboratories, including facilities and areas at the national laboratories at which unclassified work is carried out. (2) The report shall include-- (A) a description of the status of counterintelligence activities at each of the national laboratories; (B) the net assessment produced under paragraph (3); and (C) a recommendation as to whether or not section 502 should be repealed. (3)(A) A net assessment of the foreign visitors program at the national laboratories shall be produced for purposes of the report under this subsection and included in the report under paragraph (2)(B). (B) The assessment shall be produced by a panel of individuals with expertise in intelligence, counterintelligence, and nuclear weapons design matters. (b) Deadline for Submittal.--The report required by subsection (a) shall be submitted not later than 90 days after the date of the enactment of this Act. (c) Committees.--The committees referred to in this subsection are the following: (1) The Committees on Armed Services and Appropriations and the Select Committee on Intelligence of the Senate. (2) The Committees on Armed Services and Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives. SEC. 505. DEFINITIONS. In this title: (1) The term ``national laboratory'' means any of the following: (A) The Lawrence Livermore National Laboratory, Livermore, California. (B) The Los Alamos National Laboratory, Los Alamos, New Mexico. (C) The Sandia National Laboratories, Albuquerque, New Mexico. (2) The term ``sensitive countries list'' means the list prescribed by the Secretary of Energy known as the Department of Energy List of Sensitive Countries. TITLE VI--FOREIGN COUNTERINTELLIGENCE AND INTERNATIONAL TERRORISM INVESTIGATIONS SEC. 601. EXPANSION OF DEFINITION OF ``AGENT OF A FOREIGN POWER'' FOR PURPOSES OF THE FOREIGN INTELLIGENCE SURVEILLANCE ACT OF 1978. Section 101(b)(2) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801(b)(2)) is amended-- (1) in subparagraph (C), by striking ``or'' at the end; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following new subparagraph (D): ``(D) knowingly enters the United States under a false or fraudulent identity for or on behalf of a foreign power or, while in the United States, knowingly assumes a false or fraudulent identity for or on behalf of a foreign power; or''. SEC. 602. FEDERAL BUREAU OF INVESTIGATION REPORTS TO OTHER EXECUTIVE AGENCIES ON RESULTS OF COUNTERINTELLIGENCE ACTIVITIES. Section 811(c)(2) of the Counterintelligence and Security Enhancements Act of 1994 (title VIII of Public Law 103-359; 108 Stat. 3455; 50 U.S.C. 402a(c)(2)) is amended by striking ``after a report has been provided pursuant to paragraph (1)(A)''.

usgpo

2024-06-24T03:06:00.894248

BILLS-106s1011is

Tax Fairness for Support of the Permanently Disabled Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1011 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1011 To amend the Internal Revenue Code of 1986 to provide that trusts established for the benefit of individuals with disabilities shall be taxed at the same rates as individual taxpayers. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Frist introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide that trusts established for the benefit of individuals with disabilities shall be taxed at the same rates as individual taxpayers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Tax Fairness for Support of the Permanently Disabled Act''. SEC. 2. MODIFICATION OF TAX RATES FOR TRUSTS FOR INDIVIDUALS WHO ARE DISABLED. (a) In General.--Section 1(e) of the Internal Revenue Code of 1986 (relating to tax imposed on estates and trusts) is amended to read as follows: ``(e) Estates and Trusts.-- ``(1) In general.--Except as provided in paragraph (2), there is hereby imposed on the taxable income of-- ``(A) every estate, and ``(B) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,500................ 15% of taxable income. Over $1,500 but not over $3,500 $225, plus 28% of the excess over $1,500. Over $3,500 but not over $5,500 $785, plus 31% of the excess over $3,500. Over $5,500 but not over $7,500 $1,405, plus 36% of the excess over $5,500. Over $7,500.................... $2,125, plus 39.6% of the excess over $7,500. ``(2) Special rule for trusts for disabled individuals.-- ``(A) In general.--There is hereby imposed on the taxable income of an eligible trust taxable under this subsection a tax determined in the same manner as under subsection (c). ``(B) Eligible trust.--For purposes of subparagraph (A), a trust shall be treated as an eligible trust for any taxable year if, at all times during such year during which the trust is in existence, the exclusive purpose of the trust is to provide reasonable amounts for the support and maintenance of 1 or more beneficiaries each of whom is permanently and totally disabled (within the meaning of section 22(e)(3)). A trust shall not fail to meet the requirements of this subparagraph merely because the corpus of the trust may revert to the grantor or a member of the grantor's family upon the death of the beneficiary.'' (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. <all>

usgpo

2024-06-24T03:06:01.073005

BILLS-106s1012is

Bracket Creep Correction Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1012 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1012 To amend the Internal Revenue Code of 1986 to use the Consumer Price Index in addition to the national average wage index for purposes of cost-of-living adjustments. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Frist introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to use the Consumer Price Index in addition to the national average wage index for purposes of cost-of-living adjustments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bracket Creep Correction Act''. SEC. 2. USE OF NATIONAL AVERAGE WAGE INDEX FOR COST-OF-LIVING ADJUSTMENTS. (a) In General.--Section 1(f) of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended by striking paragraphs (3), (4), and (5) and inserting the following: ``(3) Cost-of-living adjustment.--For purposes of paragraph (2), the cost-of-living adjustment for any calendar year is the sum of-- ``(A) the percentage (if any) by which-- ``(i) the CPI for the preceding calendar year, exceeds ``(ii) such index for calendar year 1998, and ``(B) the percentage (if any) by which-- ``(i) the national average wage index for the preceding calendar year, exceeds ``(ii) such index for calendar year 1998. ``(4) CPI and national average wage index for any calendar year.--For purposes of paragraph (3)-- ``(A) 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, and ``(B) the national average wage index for any calendar year is the average of the national average wage index as of the close of the 12-month period ending on August 31 of such calendar year. ``(5) CPI; national average wage index.--For purposes of this subsection-- ``(A) Consumer price index.--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. ``(B) National average wage index.--The term `national average wage index' has the meaning given such term by section 209(k)(1) of the Social Security Act, as in effect on the date of the enactment of this paragraph.'' (b) Conforming Amendments to Tax Tables To Restart Inflation Adjustment.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $43,050............... 15% of taxable income. Over $43,050 but not over $104,050. $6,457.50, plus 28% of the excess over $43,050. Over $104,050 but not over $158,550. $23,537.50, plus 31% of the excess over $104,050. Over $158,550 but not over $283,150. $40,432.50, plus 36% of the excess over $158,550. Over $283,150.................. $85,288.50 plus 39.6% of the excess over $283,150. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $34,550............... 15% of taxable income. Over $34,550 but not over $89,150. $5,182.50, plus 28% of the excess over $34,550. Over $89,150 but not over $144,400. $20,470.50, plus 31% of the excess over $89,150. Over $144,400 but not over $283,150. $37,598, plus 36% of the excess over $144,400. Over $283,150.................. $87,548 plus 39.6% of the excess over $283,150. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a married individual (as defined in section 7703) filing a joint return or a separate return, a surviving spouse as defined in section 2(a), or a head of household as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $25,750............... 15% of taxable income. Over $25,750 but not over $62,450. $3,862.50, plus 28% of the excess over $25,450. Over $62,450 but not over $130,250. $14,138.50, plus 31% of the excess over $62,450. Over $130,250 but not over $283,150. $35,156.50, plus 36% of the excess over $130,250. Over $283,150.................. $90,200.50 plus 39.6% of the excess over $283,150. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $21,175............... 15% of taxable income. Over $21,175 but not over $52,025. $3,228.75, plus 28% of the excess over $21,175. Over $52,025 but not over $79,275. $11,768.75, plus 31% of the excess over $52,025. Over $79,275 but not over $141,575. $20,216.20, plus 36% of the excess over $79,275. Over $141,575.................. $42,644.25 plus 39.6% of the excess over $141,575. ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,750................ 15% of taxable income. Over $1,750 but not over $4,050 $262.50, plus 28% of the excess over $1,750. Over $4,050 but not over $6,200 $906.50, plus 31% of the excess over $4,050. Over $6,200 but not over $8,450 $1,573, plus 36% of the excess over $6,200. Over $8,450.................... $2,383, plus 39.6% of the excess over $8,450.'' (c) Inflation Adjustment To Apply in Determining Rates for 2000.-- Section 1(f) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``1999'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``1998'', and (3) by striking paragraph (7). (d) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (2) Subclause (II) of section 42(h)(6)(G)(i) of such Code is amended by striking ``1987'' and inserting ``1998''. (3) Clause (ii) of section 132(f)(6)(A) of such Code, as amended by section 9010(b)(1) of the Transportation Equity Act for the 21st Century, is amended by striking ``, by substituting `calendar year 1998' for `calendar year 1992'.'' and by inserting a period. (4) Subparagraph (A) of section 132(f)(6) of such Code, as amended by section 9010(c)(2) of the Transportation Equity Act for the 21st Century, is amended by striking clause (ii) and all that follows through ``paragraph (2)(A).'' and inserting: ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins. In the case of any taxable year beginning in a calendar year after 2002, section 1(f)(3) shall be applied by substituting `calendar year 2001' for `calendar year 1998' for purposes of adjusting the dollar amount contained in paragraph (2)(A).''. (5) Subparagraph (B) of section 6334(g)(1) of such Code is amended by striking ``, by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof''. (e) Additional Conforming Amendment.--Section 42(h)(6)(G)(ii) of the Internal Revenue Code of 1986 is amended by striking ``the CPI'' and all that follows through ``base calendar year'' and inserting ``the cost-of-living adjustment for any calendar year (as defined in section 1(f)(3)) exceeds 5 percent, the CPI and national average wage index for the base calendar year''. (f) Effective Date.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after December 31, 1998. (2) Conforming amendment.--The amendment made by subsection (d)(4) shall apply to taxable years beginning after December 31, 2001. <all>

usgpo

2024-06-24T03:06:01.109124

BILLS-106s1013is

Child Savings Account Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1013 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1013 To amend the Internal Revenue Code of 1986 to promote lifetime savings by allowing people to establish child savings accounts within Roth IRAs and by allowing the savings to be used for education, first-time home purchases, and retirement, to expand the availability of Roth IRAs to all Americans and to protect their contributions from inflation, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Frist introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to promote lifetime savings by allowing people to establish child savings accounts within Roth IRAs and by allowing the savings to be used for education, first-time home purchases, and retirement, to expand the availability of Roth IRAs to all Americans and to protect their contributions from inflation, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Child Savings Account Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment 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 provision of the Internal Revenue Code of 1986. TITLE I--SAVINGS INCENTIVES FOR AMERICA'S CHILDREN SEC. 101. ESTABLISHMENT OF CHILD SAVINGS ACCOUNTS WITHIN ROTH IRAS. (a) In General.--Section 408A (relating to Roth IRAs) is amended by adding at the end the following new subsection: ``(g) Child Savings Account.-- ``(1) In general.--If the individual on whose behalf a Roth IRA was established has not attained the age of 17 before the close of any calendar year-- ``(A) the Roth IRA shall be treated as a Child Savings Account for the taxable year, and ``(B) this section shall be applied to the Roth IRA for the taxable year with the modifications provided in paragraphs (2) and (3). ``(2) Waiver of earned income requirement.--For purposes of subsection (c)(2)(A), the maximum amount allowable as a deduction under section 219 shall be computed without regard to the compensation limitation of section 219(b)(1)(B). ``(3) Rollover where account holder dies before age 30.--If an individual on whose behalf a Roth IRA was established dies before attaining the age of 30-- ``(A) the transfer of the individual's interest in a Roth IRA to a member of the individual's family (within the meaning of section 529(e)(2)) shall not be considered a taxable transfer for purposes of this title, and ``(B) such interest shall, on and after the date of the transfer, be treated as a Roth IRA maintained for the benefit of the family member and not of the individual.'' (b) Conforming Amendments.-- (1) Section 408(a)(1) is amended by striking ``or 403(b)(8)'' and inserting ``, 403(b)(8), or 408A(g)(3)''. (2) Section 408(d)(3)(C)(ii)(II) is amended by inserting ``or in the case of a Roth IRA, a member of the same family of such other individual''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 102. ADDITIONAL CHILD CREDIT FOR CONTRIBUTIONS TO CHILD SAVINGS ACCOUNTS BY TAXPAYERS NOT ELIGIBLE FOR ENTIRE CHILD CREDIT. (a) In General.--Section 24 (relating to child tax credit) is amended by adding at the end the following new subsection: ``(g) Additional Refundable Credit for Contributions to Child Savings Accounts.-- ``(1) In general.--The aggregate credits allowed under subpart C shall be increased by the lesser of-- ``(A) the credit which would be allowed under this section without regard to this subsection and subsection (d) and the limitation under section 26(a), or ``(B) the amount of the contributions to child savings accounts of qualifying children of the taxpayer for the taxable year to the extent such contributions do not exceed $100 multiplied by the number of qualifying children. ``(2) Limitation.--In no event shall the amount of the increase under paragraph (1) exceed-- ``(A) the aggregate amount of credits allowed by this subpart in excess of the limitation imposed by section 26(a), reduced by ``(B) any additional credits allowed by subsection (d). ``(3) Coordination.--The credit under this subsection shall not be taken into account in applying subsection (d) and section 32(n) (relating to supplemental child credit).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 103. TAX-FREE DISTRIBUTIONS FOR ELEMENTARY, SECONDARY, AND COLLEGE EDUCATION. (a) In General.--Section 408A(d)(5) (defining qualified special purpose distribution) is amended to read as follows: ``(5) Qualified special purpose distribution.--For purposes of this section-- ``(A) In general.--The term `qualified special purpose distribution' means any of the following distributions: ``(i) Distributions described in subparagraph (F) of section 72(t)(2) (relating to first home purchases). ``(ii) Distributions to the extent such distributions do not exceed the qualified education expenses of the taxpayer for the taxable year. ``(B) Qualified education expenses.-- ``(i) In general.--The term `qualified education expenses' means-- ``(I) qualified higher education expenses (as defined in section 72(t)(7)), ``(II) qualified elementary and secondary education expenses, and ``(III) amounts paid or incurred during the taxable year to purchase tuition credits or certificates, or to make contributions to an account, under a qualified State tuition program (as defined in section 529(b)) for the benefit of the beneficiary of the account, the beneficiary's spouse, or any child (as defined in section 151(c)(3)) or grandchild of the beneficiary or spouse. ``(ii) Limitation.--The aggregate amount treated as qualified education expenses for any taxable year shall not exceed an amount equal to the excess (if any) of-- ``(I) ____ percent of the fair market value of the assets in the Roth IRA as of the close of the calendar year preceding the calendar year in which the taxable year begins, over ``(II) distributions described in subparagraph (F) of section 72(t)(2) (relating to first home purchases) for the taxable year. ``(C) Qualified elementary and secondary education expenses.-- ``(i) In general.--The term `qualified elementary and secondary education expenses' means-- ``(I) expenses for tuition, fees, academic tutoring, special needs services, books, supplies, computer equipment (including related software and services), and other equipment which are incurred in connection with the enrollment or attendance of the designated beneficiary of the trust, or of the child or grandchild of the beneficiary of the account or beneficiary's spouse, as an elementary or secondary school student at a public, private, or religious school, or ``(II) expenses for room and board, uniforms, transportation, and supplementary items and services (including extended day programs) which are required or provided by a public, private, or religious school in connection with such enrollment or attendance. ``(ii) Special rule for home- schooling.--Such term shall include expenses described in clause (i) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(iii) School.--The term `school' means any school which provides elementary education or secondary education (kindergarten through grade 12), as determined under State law.'' (b) Additional Tax Not To Apply to Education Expenses.--Section 72(t)(2) is amended by adding at the end the following new subparagraph: ``(G) Certain education expenses in case of a roth ira.--Distributions to an individual from a Roth IRA which are described in subclause (II) or (III) of section 408A(d)(5)(B)(i). Distributions shall not be taken into account under the preceding sentence if such distributions are described in subparagraphs (A), (C), (D), (E), or (F) or to the extent paragraph (1) does not apply to such distributions by reason of subparagraph (B). (c) Repeal of Education IRAs.-- (1) In general.--Section 530 (relating to education individual retirement accounts) is repealed. (2) Conforming amendments.-- (A) Section 25A(e) is amended to read as follows: ``(e) Election To Have Section Apply.--No credit shall be allowed under subsection (a) for a taxable year with respect to the qualified and tuition-related expenses of an individual unless the taxpayer elects to have this section apply to the individual for the taxable year.'' (B) Section 26(b)(2) is amended by striking subparagraph (E) and by redesignating subparagraphs (F) through (Q) as subparagraphs (E) through (P), respectively. (C) Section 72(e)(9) is amended to read as follows: ``(9) Extension of paragraph (2)(b) to qualified state tuition programs.--Notwithstanding any other provision of this subsection, paragraph (2)(B) shall apply to amounts received under a qualified State tuition program (as defined in section 529(b)). The rule of paragraph (8)(B) shall apply for purposes of this paragraph.'' (D) Section 135(c)(2)(C) is amended-- (i) by striking ``, or to an education individual retirement account (as defined in section 530) on behalf of an account beneficiary,'', and (ii) by striking ``and education individual retirement accounts'' in the heading thereof. (E) Section 135(d)(2) is amended by striking ``by-- '' and all that follows and inserting ``by the amount of such expenses which are taken into account in determining the credit allowable to the taxpayer or any other person under section 25A with respect to such expenses.'' (F) Section 221(e)(2)(A) is amended by striking ``, 135, or 530'' and inserting ``or 135''. (G) Section 4973(a) is amended by inserting ``or'' at the end of paragraph (2), by striking ``or'' at the end of paragraph (3), and by striking paragraph (4). (H) Section 4973 is amended by striking subsection (e) and by redesignating subsection (f) as subsection (e). (I) Section 4975(c) is amended by striking paragraph (5). (J) Section 4975(e)(1) is amended by inserting ``or'' at the end of subparagraph (D), by striking subparagraph (E), and by redesignating subparagraph (F) as subparagraph (E). (K) Section 6693(a)(2) is amended by inserting ``and'' at the end of subparagraph (B), by striking ``, and'' at the end of subparagraph (C) and inserting a period, and by striking subparagraph (D). (L) The table of sections for part VIII of subchapter F of chapter 1 is amended by striking the item relating to section 530. (d) Effective Date.-- (1) In general.--The amendments made by this section shall apply to contributions for taxable years beginning after December 31, 1999 (and earnings allocable thereto). (2) Rollovers from education iras to roth iras.--For purposes of section 530(d)(5) of the Internal Revenue Code of 1986 (as in effect before its repeal by this section), any amount received from an education individual retirement account which is paid into a Roth IRA within the prescribed time shall be treated as if it were paid into another education individual retirement account. TITLE II--EXPANSION OF AVAILABILITY OF IRAS SEC. 201. INFLATION ADJUSTMENT FOR DEDUCTIBLE AMOUNT. (a) In General.--Section 219 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: ``(h) Cost-of-Living Adjustments.--In the case of any taxable year beginning in a calendar year after 1998, the $2,000 amount under subsection (b)(1)(A) shall be increased by an amount equal to the product of $2,000 and the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, except that subparagraph (B) thereof shall be applied by substituting `1998' for `1992'. If the amount to which $2,000 would be increased under the preceding sentence is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500.'' (b) Conforming Amendments.-- (1) Section 408(a)(1) is amended by striking ``in excess of $2,000 on behalf of any individual'' and inserting ``on behalf of any individual in excess of the amount in effect for such taxable year under section 219(b)(1)(A)''. (2) Section 408(b)(2)(B) is amended by striking ``$2,000'' and inserting ``the dollar amount in effect under section 219(b)(1)(A)''. (3) Section 408(b) is amended by striking ``$2,000'' in the matter following paragraph (4) and inserting ``the dollar amount in effect under section 219(b)(1)(A)''. (4) Section 408(j) is amended by striking ``$2,000''. (5) Section 408(p)(8) is amended by striking ``$2,000'' and inserting ``the dollar amount in effect under section 219(b)(1)(A)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 202. REPEAL OF ADJUSTED GROSS INCOME LIMITATIONS ON CONTRIBUTIONS AND ROLLOVERS TO ROTH IRAS. (a) In General.--Section 408A(c) is amended by striking paragraph (3) and by redesignating paragraphs (4) through (7) as paragraphs (3) through (6), respectively. (b) Repeal of Nondeductible Contributions.-- (1) Subsection (f) of section 219 is amended by striking paragraph (7). (2) Paragraph (5) of section 408(d) is amended by striking the last sentence. (3) Section 408(o) is amended by adding at the end the following new paragraph: ``(5) Termination.--This subsection shall not apply to any designated nondeductible contribution for any taxable year beginning after December 31, 1999.'' (4) Subsection (b) of section 4973 is amended by striking the last sentence. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. <all>

usgpo

2024-06-24T03:06:01.177371

BILLS-106s1015is

Online Investor Protection Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1015 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1015 To require enhanced disclosure with respect to securities transactions conducted ``online'', to require the Securities and Exchange Commission to study the effects of online trading on securities markets, to prevent online securities fraud, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Schumer (for himself, Mr. Sarbanes, Mr. Bryan, and Mr. Johnson) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs _______________________________________________________________________ A BILL To require enhanced disclosure with respect to securities transactions conducted ``online'', to require the Securities and Exchange Commission to study the effects of online trading on securities markets, to prevent online securities fraud, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; DEFINITIONS. (a) Short Title.--This Act may be cited as the ``Online Investor Protection Act of 1999''. (b) Definitions.--In this Act-- (1) the term ``Commission'' means the Securities and Exchange Commission; (2) the term ``Internet'' means the international computer network of both Federal and non-Federal interoperable packet switched data networks; (3) the term ``interactive computer service'' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; (4) the term ``investment adviser'' has the same meaning as in section 202 of the Investment Advisers Act of 1940; (5) the term ``investment company'' has the same meaning as in section 3 of the Investment Company Act of 1940; (6) the term ``registered broker or dealer'' has the same meaning as in section 3 of the Securities Exchange Act of 1934; and (7) the term ``retail investor'' means-- (A) any investor other than an accredited investor (as defined in section 2(a)(15) of the Securities Act of 1933); and (B) any other similar person or class of persons, as the Commission determines to be appropriate. SEC. 2. ONLINE TRADING DISCLOSURES. The Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) is amended by inserting after section 35A the following: ``SEC. 35B. ONLINE TRADING DISCLOSURES. ``(a) In General.--Each online broker or dealer shall, on a quarterly basis, make available on the Internet or other interactive computer service, such information as the Commission may require, by rule or order, taking into account the needs of customers, and in such format and within such time periods as the Commission may prescribe regarding-- ``(1) the date, time, and duration of any system outage or other event that prevented or materially delayed the execution of online securities transactions during the preceding quarter; ``(2) any steps taken to address or prevent such outages or events; and ``(3) information regarding limiting risk of loss to securities investors that is unique to online trading, as required by the Commission, by rule or order. ``(b) Exceptions.--The Commission, by rule or order, may exempt from the requirements of subsection (a) any online broker or dealer, or class of online brokers or dealers, as the Commission determines to be appropriate. ``(c) Definitions.--In this section-- ``(1) the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet switched data networks; ``(2) the term `interactive computer service' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; ``(3) the term `online broker or dealer' means any broker or dealer that provides retail investors with a means to effect securities transactions over the Internet or an interactive computer service; ``(4) the term `online securities transaction' means a securities transaction effected between a retail investor and an online broker or dealer over the Internet or an interactive computer service; and ``(5) the term `retail investor' means-- ``(A) any customer of an online broker or dealer, other than an accredited investor (as defined in section 2(a)(15) of the Securities Act of 1933); and ``(B) any other similar person or class of persons, as the Commission determines to be appropriate, by rule or order.''. SEC. 3. EXTENDING DISCIPLINARY DISCLOSURES TO THE INTERNET. (a) In General.--Section l5A of the Securities Exchange Act of 1934 (15 U.S.C. 78o-3) is amended by striking subsection (i) and inserting the following: ``(i) Obligation To Maintain Disciplinary and Other Data.-- ``(1) Maintenance of system to respond to inquiries.--A registered securities association shall-- ``(A) establish and maintain a toll-free telephone listing or other readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings and other information involving its members and associated persons of those members; and ``(B) promptly respond to such inquiries. ``(2) Recovery of costs.--A registered securities association may charge persons, other than individual investors, reasonable fees for responses to inquiries referred to in paragraph (1). ``(3) Limitation on liability.--A registered securities association shall not have any liability to any person for any action taken or omitted in good faith under this subsection.''. (b) Records and Reports of Investment Advisers.--Section 204 of the Investment Advisers Act of 1940 (15 U.S.C. 80b-4) is amended-- (1) by striking ``Every investment'' and inserting the following: ``(a) In General.--Every investment''; and (2) by adding at the end the following: ``(b) Filing Depositories.--The Commission, by rule or order, may require an investment adviser-- ``(1) to file with the Commission any fee, application, report, or notice required to be filed by this title or the rules issued under this title through any entity designated by the Commission for that purpose; and ``(2) to pay the reasonable costs associated with such filing and the establishment and maintenance of the systems required by subsection (c). ``(c) Access to Disciplinary and Other Information.-- ``(1) Maintenance of system to respond to inquiries.--The Commission shall require an entity designated by the Commission pursuant to subsection (b)(1)-- ``(A) to establish and maintain a toll-free telephone listing or other readily accessible electronic process to receive inquiries regarding disciplinary actions and proceedings and other information involving investment advisers and persons associated with investment advisers; and ``(B) to respond promptly to such inquiries. ``(2) Recovery of costs.--An entity designated under subsection (b)(1) may charge persons, other than individual investors, reasonable fees for responses to inquiries referred to in paragraph (1). ``(3) Limitation on liability.--An entity designated under subsection (b)(1) shall not have any liability to any person for any action taken or omitted in good faith under this subsection.''. (c) Conforming Amendments.-- (1) In general.--Section 203A of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3a) is amended-- (A) by striking subsection (d); and (B) by redesignating subsection (e) as subsection (d). (2) Repeal.--Section 306 of the National Securities Markets Improvement Act of 1996 (Public Law 104-290; 110 Stat. 3438) is repealed. SEC. 4. ELECTRONIC ACCESS TO COMMISSION INFORMATION. (a) Electronic Links.--Not later than 1 year after the date of enactment of this Act, each broker or dealer, investment company, and investment adviser that effects securities transactions with retail investors, or makes securities market information available to retail investors for the purpose of effecting such transactions over the Internet or other interactive computer service, shall provide to those investors information regarding investor education and fraud prevention provided by the Commission, through a hypertext link to a Commission website established for that purpose, or in such other manner as may be prescribed by the Commission. (b) Regulatory Action.--The Commission shall issue final regulations to implement this section not later than 6 months after the date of enactment of this Act. SEC. 5. CIVIL PENALTIES FOR INTERNET-RELATED VIOLATIONS. (a) Securities Act of 1933.--Section 20(d)(2) of the Securities Act of 1933 (15 U.S.C. 77t(d)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the Act or omission resulting in a violation referred to in paragraph (1) the amount of the penalty provided for in this paragraph shall be doubled.''. (b) Securities Exchange Act of 1934.-- (1) Section 21.--Section 21(d)(3)(B) of the Securities Exchange Act of 1934 (15 U.S.C. 78u(d)(3)(B)) is amended by adding at the end the following: ``(iv) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B) is used as part of the act or omission resulting in a violation referred to in subparagraph (A), the amount of the penalty provided for in this subparagraph shall be doubled.''. (2) Section 21b.--Section 21B(b) of the Securities Exchange Act of 1934 (15 U.S.C. 78u-2(b)) is amended by adding at the end the following: ``(4) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B) is used as part of the act or omission resulting in a violation referred to in subsection (a), the amount of the penalty provided for in this subsection shall be doubled.''. (c) Investment Advisers Act of 1940.-- (1) Section 203.--Section 203(i)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(i)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. (2) Section 209.--Section 209(e)(2) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-9(e)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. (d) Investment Company Act of 1940.--Section 9(d)(2) of the Investment Company Act of 1940 (15 U.S.C. 80a-9(d)(2)) is amended by adding at the end the following: ``(D) Internet-related violations.--In any case in which the Internet or other interactive computer service (as defined in section 35B of the Securities Exchange Act of 1934) is used as part of the act or omission resulting in a violation referred to in paragraph (1), the amount of the penalty provided for in this paragraph shall be doubled.''. SEC. 6. STUDY AND REPORT ON MARKET IMPACT OF ONLINE TRADING. (a) Study.--The Commission shall conduct a study of the effects that trading in securities by retail investors over the Internet or other interactive computer service has on the securities markets, including-- (1) with respect to ``day trading'' activities-- (A) whether a greater risk of fraud exists; (B) whether such trading results in market volatility; (C) the effects on individual companies, the stock of which fluctuates as a result of such volatility, if any; and (D) the effects on investors and their investment patterns resulting from such volatility, if any; and (2) the quality of execution received through online trading services, including the effect of ``payment for order flow'' and other practices on-- (A) the promptness of execution; and (B) the purchase or sale price obtained for the retail investor. (b) Report.--Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Congress a report on the results of its study under subsection (a). SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to the Office of Internet Enforcement of the Securities and Exchange Commission $70,000,000 for each of fiscal years 2000 through 2004, for the purpose of Internet enforcement and other related investor protection activities, subject to appropriations Acts. <all>

usgpo

2024-06-24T03:06:01.203162

BILLS-106s1016is

Public Safety Employer-Employee Cooperation Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1016 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1016 To provide collective bargaining rights for public safety officers employed by States or their political subdivisions. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. DeWine (for himself, Mr. Gregg, Mr. Wellstone, and Mrs. Murray) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To provide collective bargaining rights for public safety officers employed by States or their political subdivisions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Public Safety Employer-Employee Cooperation Act of 1999''. SEC. 2. DECLARATION OF PURPOSE AND POLICY. The Congress declares that the following is the policy of the United States: (1) Labor-management relationships and partnerships should be based on trust, mutual respect, open communications, consensual problem solving, and shared accountability. (2) To promote and assure these relationships in the public safety industry, to ensure the most effective delivery of emergency services, and to maintain the normal flow of commerce the public safety industry requires minimal standards for collective bargaining. SEC. 3. DEFINITIONS. In this Act: (1) Authority.--The term ``Authority'' means the Federal Labor Relations Authority. (2) Firefighter.--The term ``firefighter'' means an individual employed by a fire department who-- (A) primarily performs work directly related to the control and extinguishment of fires; (B) is responsible for maintaining and using firefighting equipment, preventing and investigating fires, and communicating with and dispatching public safety officers; or (C) provides emergency medical care. (3) Emergency medical services personnel.--The term ``emergency medical services personnel'' means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. (4) Employer.--The terms ``employer'' and ``public safety employer'' mean any State, political subdivision of a State, the District of Columbia, or any territory or possession of the United States. (5) Law enforcement agency.--The term ``law enforcement agency'' means a State or local public agency that is charged by law with the duty to prevent or investigate crimes or apprehend or hold in custody persons charged with or convicted of crimes. (6) Law enforcement officer.--The term ``law enforcement officer'' has the meaning given in section 1204, title I of Public Law 90-351 (as amended) (42 U.S.C. 3796b(5)). (7) Management employee.--The term ``management employee'' means an individual employed by a public safety employer in a position that requires or authorizes the individual to formulate, determine, or influence the policies of the employer. (8) Public safety officer.--The term ``public safety officer'' means an employee of a public safety agency who is a law enforcement officer, a firefighter, or emergency medical services personnel. The term includes an individual who is temporarily transferred to a supervisory or administrative position, but does not include a permanent management or supervisory employee. (9) Supervisory employee.--The term ``supervisory employee'' means an individual employed by a public safety employer who-- (A) has the authority in the interest of the employer to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove public safety officers, to adjust their grievances or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment; and (B) devotes a majority of time at work exercising such authority. SEC. 4. RIGHT OF PUBLIC SAFETY OFFICERS TO ORGANIZE AND BARGAIN COLLECTIVELY. (a) Determination.-- (1) In general.--Not later than 180 days after the date of enactment of this Act, the Authority shall issue a determination as to whether a State substantially complies with the rights and responsibilities described in subsection (b). In making such a determination, the Authority shall not find that a State law enacted prior to 1985 is not in substantial compliance solely because it does not apply to political jurisdictions with populations of 5,000 or less. (2) Subsequent determinations.--After the expiration of the 180-day period referred to in paragraph (1), an employer or labor organization may request the Authority to determine whether the State substantially complies with the rights and responsibilities described in subsection (b). The Director shall issue such a determination not later than 30 days after written receipt of such a request. (3) Failure to meet requirements.--A State that does not substantially comply with the rights and responsibilities described in subsection (b) shall be subject to the regulations and procedures described in section 5. (b) Rights and Responsibilities.--In making a determination described in subsection (a), the Authority shall consider whether State law-- (1) grants public safety officers the right to form and join a labor organization that does not include management and supervisory employees and that is, or seeks to be, recognized as the exclusive bargaining agent of such employees; (2) requires public safety employers to recognize the employees' labor organization (freely chosen by a majority of the employees), to agree to bargain with the labor organization, and to commit any agreements to writing in a contract or memorandum of understanding; (3) allows bargaining over hours, wages, terms, and conditions of employment; (4) prohibits bargaining over issues which are traditional and customary management functions; (5) protects all existing collective bargaining agreements, memoranda of understanding, certifications, recognitions, and elections; (6) requires fact finding in the event of an interest impasse; (7) allows the parties voluntarily to agree to submit disagreements to arbitration; (8) requires enforcement through State courts of all rights, responsibilities, and protections provided in this section and of any written contract or memorandum of understanding; and (9) prohibits strikes and lockouts. SEC. 5. RIGHTS TO ORGANIZE AND BARGAIN COLLECTIVELY. (a) In General.--Not later than 1 year after the date of the enactment of this Act, the Authority shall issue regulations in accordance with the provisions described in section 4(a) establishing collective bargaining procedures for public safety employers and officers in States that are not in compliance with the rights and responsibilities under section 4(b). (b) Role of Fair Labor Relations Authority.--The Authority shall, to the extent provided in this Act and in accordance with regulations prescribed by the Authority-- (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; (5) resolve exceptions to arbitrator's awards; and (6) take such other actions as are necessary and appropriate to effectively administer the provisions of this Act. (c) Enforcement.--A public safety employer, officer, and labor organization each shall have the right to seek enforcement of this section through appropriate State courts. SEC. 6. STRIKES AND LOCKOUTS PROHIBITED. A public safety employer, officer, or labor organization may not engage in lockouts or strikes. SEC. 7. EXISTING COLLECTIVE BARGAINING UNITS AND AGREEMENTS. A certification, recognition, election-held, collective bargaining agreement or memorandum of understanding which has been issued, approved, or ratified by any public employee relations board or commission or by any State or political subdivision or its agents (management officials) in effect on the day before the date of enactment of this Act shall not be invalidated by the enactment of this Act. SEC. 8. CONSTRUCTION AND COMPLIANCE. (a) Construction.--Nothing in this Act shall be construed to invalidate or limit the remedies, rights, and procedures of any law of any State or political subdivision of any State or jurisdiction that provides greater or equal collective bargaining rights for public safety employees. (b) Compliance.--No State shall preempt laws or ordinances of any of its political subdivisions which provide greater or equal collective bargaining rights for public safety employees in order to comply with this Act. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act. <all>

usgpo

2024-06-24T03:06:01.265341

BILLS-106s1014is

10-20-30 Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1014 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1014 To amend the Internal Revenue Code of 1986 to reduce the rate of the individual income tax and the number of tax brackets. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 11, 1999 Mr. Frist introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to reduce the rate of the individual income tax and the number of tax brackets. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``10-20-30 Act''. SEC. 2. MODIFICATION OF GENERAL TAX RATE. (a) General Rule.--Section 1 of the Internal Revenue Code of 1986 (relating to tax imposed) is amended by striking subsections (a) through (e) and inserting the following: ``(a) Married Individuals Filing Joint Returns and Surviving Spouses.--There is hereby imposed on the taxable income of-- ``(1) every married individual (as defined in section 7703) who makes a single return jointly with his spouse under section 6013, and ``(2) every surviving spouse (as defined in section 2(a)), a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $60,000............... 10% of taxable income. Over $60,000 but not over $150,000. $6,000, plus 20% of the excess over $60,000. Over $150,000.................. $24,000, plus 30% of the excess over $150,000. ``(b) Heads of Households.--There is hereby imposed on the taxable income of every head of a household (as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $45,000............... 10% of taxable income. Over $45,000 but not over $136,000. $4,500, plus 20% of the excess over $45,000. Over $136,000.................. $22,700, plus 30% of the excess over $136,000. ``(c) Unmarried Individuals (Other Than Surviving Spouses and Heads of Households).--There is hereby imposed on the taxable income of every individual (other than a married individual (as defined in section 7703) filing a joint return or a separate return, a surviving spouse as defined in section 2(a), or a head of household as defined in section 2(b)) a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $35,000............... 10% of taxable income. Over $35,000 but not over $125,000. $3,500, plus 20% of the excess over $35,000. Over $125,000.................. $21,500, plus 30% of the excess over $125,000. ``(d) Married Individuals Filing Separate Returns.--There is hereby imposed on the taxable income of every married individual (as defined in section 7703) who does not make a single return jointly with his spouse under section 6013, a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $30,000............... 10% of taxable income. Over $30,000 but not over $75,000. $3,000, plus 20% of the excess over $30,000. Over $75,000................... $12,000, plus 30% of the excess over $75,000. ``(e) Estates and Trusts.--There is hereby imposed on the taxable income of-- ``(1) every estate, and ``(2) every trust, taxable under this subsection a tax determined in accordance with the following table: ``If taxable income is: The tax is: Not over $1,750................ 15% of taxable income. Over $1,750 but not over $4,050 $262.50, plus 28% of the excess over $1,750. Over $4,050 but not over $6,200 $906.50, plus 31% of the excess over $4,050. Over $6,200 but not over $8,450 $1,573, plus 36% of the excess over $6,200. Over $8,450.................... $2,383, plus 39.6% of the excess over $8,450.'' (b) Reduction in Alternative Minimum Tax Rate.--Section 55(b)(1)(A)(i) of the Internal Revenue Code of 1986 (relating to tentative minimum tax for noncorporate taxpayers) is amended-- (1) by striking ``26 percent'' in subclause (I) and inserting ``18 percent'', and (2) by striking ``28 percent'' in subclause (II) and inserting ``20 percent''. (c) Inflation Adjustment To Apply in Determining Rates for 2000.-- Section 1(f) of the Internal Revenue Code of 1986 is amended-- (1) by striking ``1993'' in paragraph (1) and inserting ``1999'', (2) by striking ``1992'' in paragraph (3)(B) and inserting ``1998'', and (3) by striking paragraph (7). (d) Conforming Amendments.-- (1) The following provisions of the Internal Revenue Code of 1986 are each amended by striking ``1992'' and inserting ``1998'' each place it appears: (A) Section 25A(h). (B) Section 32(j)(1)(B). (C) Section 41(e)(5)(C). (D) Section 59(j)(2)(B). (E) Section 63(c)(4)(B). (F) Section 68(b)(2)(B). (G) Section 135(b)(2)(B)(ii). (H) Section 151(d)(4). (I) Section 220(g)(2). (J) Section 221(g)(1)(B). (K) Section 512(d)(2)(B). (L) Section 513(h)(2)(C)(ii). (M) Section 685(c)(3)(B). (N) Section 877(a)(2). (O) Section 911(b)(2)(D)(ii)(II). (P) Section 2032A(a)(3)(B). (Q) Section 2503(b)(2)(B). (R) Section 2631(c)(1)(B). (S) Section 4001(e)(1)(B). (T) Section 4261(e)(4)(A)(ii). (U) Section 6039F(d). (V) Section 6323(i)(4)(B). (W) Section 6601(j)(3)(B). (X) Section 7430(c)(1). (2) Subclause (II) of section 42(h)(6)(G)(i) of such Code is amended by striking ``1987'' and inserting ``1998''. (3) Clause (ii) of section 132(f)(6)(A) of such Code, as amended by section 9010(b)(1) of the Transportation Equity Act for the 21st Century, is amended by striking ``, by substituting `calendar year 1998' for `calendar year 1992'.'' and by inserting a period. (4) Subparagraph (A) of section 132(f)(6) of such Code, as amended by section 9010(c)(2) of the Transportation Equity Act for the 21st Century, is amended by striking clause (ii) and all that follows through ``paragraph (2)(A).'' and inserting: ``(ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins. In the case of any taxable year beginning in a calendar year after 2002, section 1(f)(3) shall be applied by substituting `calendar year 2001' for `calendar year 1998' for purposes of adjusting the dollar amount contained in paragraph (2)(A).'' (5) Subparagraph (B) of section 6334(g)(1) of such Code is amended by striking ``, by substituting `calendar year 1998' for `calendar year 1992' in subparagraph (B) thereof''. (e) Additional Conforming Amendments.-- (1) Section 1(g)(7)(B)(ii)(II) of the Internal Revenue Code of 1986 is amended by striking ``15 percent'' and inserting ``10 percent''. (2) Section 1(h) of such Code is amended by striking ``28 percent'' and inserting ``20 percent'' each place it appears. (3) Section 1(h) of such Code is amended by striking ``28- percent'' and inserting ``20-percent'' each place it appears. (4) Sections 531 and 541 of such Code are each amended by striking ``39.6 percent'' and inserting ``30 percent''. (5) Section 3402(p)(1)(B) of such Code is amended by striking ``15, 28, or 31'' and inserting ``10, 20, or 30''. (6) Section 3402(p)(2) of such Code is amended by striking ``15 percent'' and inserting ``10 percent''. (7) Section 3402(q)(1) of such Code is amended by striking ``28 percent'' and inserting ``20 percent''. (8) Section 3402(r)(3) of such Code is amended by striking ``31 percent'' and inserting ``20 percent''. (9) Section 3406(a)(1) of such Code is amended by striking ``31 percent'' and inserting ``20 percent''. (f) Effective Dates.-- (1) In general.--Except as provided in paragraphs (2) and (3), the amendments made by this section shall apply to taxable years beginning after December 31, 1999. (2) Withholding.--The amendments made by paragraphs (5) through (9) of subsection (e) shall apply to amounts paid after December 31, 1999. (3) Conforming amendment.--The amendment made by subsection (d)(4) shall apply to taxable years beginning after December 31, 2001. <all>

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2024-06-24T03:06:01.280121

BILLS-106s1019is

For the relief of Regine Beatie Edwards.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1019 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1019 For the relief of Regine Beatie Edwards. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Grassley introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Regine Beatie Edwards. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CLASSIFICATION AS A CHILD UNDER THE IMMIGRATION AND NATIONALITY ACT. (a) In General.--In the administration of the Immigration and Nationality Act, Regine Beatie Edwards shall be classified as a child within the meaning of section 101(b)(1)(E) of such Act, upon approval of a petition filed on her behalf by Stan Edwards, a citizen of the United States, pursuant to section 204 of such Act. (b) Limitation.--No natural parent, brother, or sister, if any, of Regine Beatie Edwards shall, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. <all>

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2024-06-24T03:06:01.450063

BILLS-106s1018is

Justice for Western North Carolina Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1018 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1018 To provide for the appointment of additional Federal district judges in the State of North Carolina, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Edwards introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide for the appointment of additional Federal district judges in the State of North Carolina, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Justice for Western North Carolina Act of 1999''. SEC. 2. DISTRICT JUDGES FOR THE NORTH CAROLINA DISTRICT COURTS. (a) In General.--The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the western district of North Carolina. (b) Temporary Judgeship.-- (1) In general.--The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the western district of North Carolina. (2) First vacancy not filled.--The first vacancy in the office of district judge in the western district of North Carolina, occurring 7 years or more after the confirmation date of the judge named to fill a temporary judgeship created by this subsection, shall not be filled. (c) Tables.--In order that the table contained in section 133 of title 28, United States Code, will reflect the changes in the total number of permanent district judgeships authorized as a result of subsection (a) of this section, the item relating to North Carolina in such table is amended to read as follows: ``North Carolina: Eastern................................................. 4 Middle.................................................. 4 Western................................................. 4.''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including such sums as may be necessary to provide appropriate space and facilities for the judicial positions created by this Act. <all>

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2024-06-24T03:06:01.491560

BILLS-106s1022is

To authorize the appropriation of an additional $1,700,000,000 for fiscal year 2000 for health care for veterans.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1022 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1022 To authorize the appropriation of an additional $1,700,000,000 for fiscal year 2000 for health care for veterans. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Dorgan (for himself, Mr. Conrad, and Mr. Wellstone) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To authorize the appropriation of an additional $1,700,000,000 for fiscal year 2000 for health care for veterans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORIZATION OF APPROPRIATIONS OF ADDITIONAL AMOUNT FOR FISCAL YEAR 2000 FOR VETERANS MEDICAL CARE. (a) Findings.--Congress makes the following findings: (1) Funding for medical care for veterans has not increased in significant amount the past three fiscal years. (2) The needs of veterans for medical care currently exceeds the capability of the Department of Veterans Affairs to provide such care within current funding levels. (3) The veterans of the United States deserve the appreciation and assistance of the American people. (b) Authorization of Appropriations.--There is authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2000, $1,700,000,000 for expenses of the Department (including the Veterans Health Administration) relating to the provision of medical care to beneficiaries of the Department. (c) Construction.--The amount authorized to be appropriated by subsection (b) is in addition to any other amounts authorized to be appropriated for the Department of Veterans Affairs for fiscal year 2000 for the expenses described in that subsection. (d) Designation as Emergency Spending.--The amount appropriated pursuant to the authorization of appropriations in subsection (b) is hereby designated by Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. <all>

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2024-06-24T03:06:01.565393

BILLS-106s1020is

Motor Vehicle Franchise Contract Arbitration Fairness Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1020 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1020 To amend chapter 1 of title 9, United States Code, to provide for greater fairness in the arbitration process relating to motor vehicle franchise contracts. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Grassley (for himself and Mr. Feingold) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend chapter 1 of title 9, United States Code, to provide for greater fairness in the arbitration process relating to motor vehicle franchise contracts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Motor Vehicle Franchise Contract Arbitration Fairness Act of 1999''. SEC. 2. ELECTION OF ARBITRATION. (a) Sales and Service Contracts.--Chapter 1 of title 9, United States Code, is amended by adding at the end the following new section: ``Sec. 17. Motor vehicle franchise contracts ``(a) For purposes of this section, the term-- ``(1) `motor vehicle' has the meaning given such term under section 30102(6) of title 49; and ``(2) `motor vehicle franchise contract' means a contract under which a motor vehicle manufacturer, importer, or distributor sells motor vehicles to any other person for resale to an ultimate purchaser and authorizes such other person to repair and service the manufacturer's motor vehicles. ``(b) Whenever a motor vehicle franchise contract provides for the use of arbitration to resolve a controversy arising out of or relating to the contract, each party to the contract shall have the option, after the controversy arises and before both parties commence an arbitration proceeding, to reject arbitration as the means of settling the controversy. Any such rejection shall be in writing. ``(c) Whenever arbitration is elected to settle a dispute under a motor vehicle franchise contract, the arbitrator shall provide the parties to the contract with a written explanation of the factual and legal basis for the award.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 1 of title 9, United States Code, is amended by adding at the end the following new item: ``17. Motor vehicle franchise contracts.''. SEC. 3. EFFECTIVE DATE. The amendments made by section 2 shall apply to contracts entered into, amended, altered, modified, renewed, or extended after the date of enactment of this Act. <all>

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2024-06-24T03:06:01.599939

BILLS-106s1021is

To provide for the settlement of claims of the Menominee Indian Tribe of Wisconsin.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1021 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1021 To provide for the settlement of claims of the Menominee Indian Tribe of Wisconsin. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Kohl introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide for the settlement of claims of the Menominee Indian Tribe of Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PAYMENT. The Secretary of the Treasury shall pay to the Menominee Indian Tribe of Wisconsin, out of any funds in the Treasury of the United States not otherwise appropriated, $32,052,547 for damages sustained by the Menominee Indian Tribe of Wisconsin by reason of-- (1) the enactment and implementation of the Act entitled ``An Act to provide for a per capita distribution of Menominee tribal funds and authorize the withdrawal of the Menominee Tribe from Federal jurisdiction'', approved June 17, 1954 (68 Stat. 250 et seq., chapter 303); and (2) the mismanagement by the United States of assets of the Menominee Indian Tribe held in trust by the United States before April 30, 1961, the effective date of termination of Federal supervision of the Menominee Indian Tribe of Wisconsin. SEC. 2. EFFECT OF PAYMENT. Payment of the amount referred to in section 1 shall be in full satisfaction of any claims that the Menominee Indian Tribe of Wisconsin may have against the United States with respect to the damages referred to in that section. SEC. 3. REQUIREMENTS FOR PAYMENT. The payment to the Menominee Indian Tribe of Wisconsin under section 1 shall-- (1) have the status of a judgment of the United States Court of Federal Claims for the purposes of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); and (2) be made in accordance with the requirements of that Act on the condition that after payment of attorneys fees and expenses of litigation, of the remaining amount-- (A) not less than 30 percent shall be distributed on a per capita basis; and (B) not more than 70 percent shall be set aside and programmed to serve tribal needs, including-- (i) educational, economic development, and health care programs; and (ii) such other programs as the circumstances of the Menominee Indian Tribe of Wisconsin may justify. <all>

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2024-06-24T03:06:01.671971

BILLS-106s1024is

Managed Care Fair Payment Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1024 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1024 To amend title XVIII of the Social Security Act to carve out from payments to Medicare+Choice organizations amounts attributable to disproportionate share hospital payments and pay such amounts directly to those disproportionate share hospitals in which their enrollees receive care. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Moynihan (for himself, Mr. Schumer, Mr. Specter, Mr. Kerry, Mr. Kerrey, Mr. Santorum, Mr. Durbin, Mr. Cleland, and Mr. Chafee) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to carve out from payments to Medicare+Choice organizations amounts attributable to disproportionate share hospital payments and pay such amounts directly to those disproportionate share hospitals in which their enrollees receive care. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Managed Care Fair Payment Act of 1999''. SEC. 2. CARVING OUT DSH PAYMENTS FROM PAYMENTS TO MEDICARE+CHOICE ORGANIZATIONS AND PAYING THE AMOUNTS DIRECTLY TO DSH HOSPITALS ENROLLING MEDICARE+CHOICE ENROLLEES. (a) In General.--Section 1853(c)(3) of the Social Security Act (42 U.S.C. 1395w-23(c)(3)) is amended-- (1) in subparagraph (A), by striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and (D)''; (2) by redesignating subparagraph (D) as subparagraph (E); and (3) by inserting after subparagraph (C) the following: ``(D) Removal of payments attributable to disproportionate share payments from calculation of adjusted average per capita cost.-- ``(i) In general.--In determining the area- specific Medicare+Choice capitation rate under subparagraph (A) for a year (beginning with 2001), the annual per capita rate of payment for 1997 determined under section 1876(a)(1)(C) shall be adjusted, subject to clause (ii), to exclude from the rate the additional payments that the Secretary estimates were made during 1997 for additional payments described in section 1886(d)(5)(F). ``(ii) Treatment of payments covered under state hospital reimbursement system.--To the extent that the Secretary estimates that an annual per capita rate of payment for 1997 described in clause (i) reflects payments to hospitals reimbursed under section 1814(b)(3), the Secretary shall estimate a payment adjustment that is comparable to the payment adjustment that would have been made under clause (i) if the hospitals had not been reimbursed under such section.''. (b) Additional Payments for Managed Care Enrollees.--Section 1886(d)(5)(F) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(F)) is amended-- (1) in clause (ii), by striking ``clause (ix)'' and inserting ``clauses (ix) and (x)''; and (2) by adding at the end the following: ``(x)(I) For portions of cost reporting periods occurring on or after January 1, 2001, the Secretary shall provide for an additional payment amount for each applicable discharge of any subsection (d) hospital that is a disproportionate share hospital (as described in clause (i)). ``(II) For purposes of this clause, the term `applicable discharge' means the discharge of any individual who is enrolled with a Medicare+Choice organization under part C. ``(III) The amount of the payment under this clause with respect to any applicable discharge shall be equal to the estimated average per discharge amount (as determined by the Secretary) that would otherwise have been paid under this subparagraph if the individual had not been enrolled as described in subclause (II). ``(IV) The Secretary shall establish rules for an additional payment amount for any hospital reimbursed under a reimbursement system authorized under section 1814(b)(3) if such hospital would qualify as a disproportionate share hospital under clause (i) were it not so reimbursed. Such payment shall be determined in the same manner as the amount of payment is determined under this clause for disproportionate share hospitals.''. <all>

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2024-06-24T03:06:01.825075

BILLS-106s1023is

Graduate Medical Education Payment Restoration Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1023 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1023 To amend title XVIII of the Social Security Act to stabilize indirect graduate medical education payments. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Moynihan (for himself, Mr. Kennedy, Mr. Schumer, Mr. Helms, Mr. Kerry, Mr. Torricelli, Mr. Durbin, Mr. Santorum, Mr. Lieberman, Mr. Kerrey, Mr. Levin, Mrs. Murray, Mr. Specter, Mr. Cleland, and Mr. Edwards) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to stabilize indirect graduate medical education payments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduate Medical Education Payment Restoration Act of 1999''. SEC. 2. TERMINATION OF MULTIYEAR REDUCTION OF INDIRECT GRADUATE MEDICAL EDUCATION PAYMENTS. Section 1886(d)(5)(B)(ii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(ii)) is amended-- (1) by adding ``and'' at the end of subclause (II); and (2) by striking subclauses (III), (IV), and (V) and inserting the following: ``(III) on or after October 1, 1998, `c' is equal to 1.6.''. <all>

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2024-06-24T03:06:01.838746

BILLS-106s1025is

Nursing and Allied Health Payment Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1025 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1025 To amend title XVIII of the Social Security Act to ensure the proper payment of approved nursing and allied health education programs under the Medicare Program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Moynihan (for himself, Mr. Breaux, Mr. Daschle, Mr. Santorum, Mr. Durbin, Mr. Schumer, Mr. Kerry, Mr. Specter, Mr. Conrad, Mr. Baucus, Mr. Chafee, Mr. Kerrey, and Mr. Cleland) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to ensure the proper payment of approved nursing and allied health education programs under the Medicare Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nursing and Allied Health Payment Improvement Act of 1999''. SEC. 2. EXCLUSION OF NURSING AND ALLIED HEALTH EDUCATION COSTS IN CALCULATING MEDICARE+CHOICE PAYMENT RATE. (a) Excluding Costs in Calculating Payment Rate.-- (1) In general.--Section 1853(c)(3)(C)(i) of the Social Security Act (42 U.S.C. 1395w-23(c)(3)(C)(i)) is amended-- (A) by striking ``and'' at the end of subclause (I); (B) by striking the period at the end of subclause (II) and inserting ``, and''; and (C) by adding at the end the following new subclause: ``(III) for costs attributable to approved nursing and allied health education programs under section 1861(v).''. (2) Effective date.--The amendments made by paragraph (1) apply in determining the annual per capita rate of payment for years beginning with 2001. (b) Payment to Hospitals of Nursing and Allied Health Education Program Costs for Medicare+Choice Enrollees.--Section 1861(v)(1) of such Act (42 U.S.C. 1395x(v)(1)) is amended by adding at the end the following new subparagraph: ``(V) In determining the amount of payment to a hospital for portions of cost reporting periods occurring on or after January 1, 2001, with respect to the reasonable costs for approved nursing and allied health education programs, individuals who are enrolled with a Medicare+Choice organization under part C shall be treated as if they were not so enrolled.''. <all>

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2024-06-24T03:06:01.881586

BILLS-106s1027is

Deschutes Resources Conservancy Reauthorization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1027 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1027 To reauthorize the participation of the Bureau of Reclamation in the Deschutes Resources Conservancy, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Smith of Oregon (for himself and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To reauthorize the participation of the Bureau of Reclamation in the Deschutes Resources Conservancy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Deschutes Resources Conservancy Reauthorization Act of 1999''. SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION IN DESCHUTES RESOURCES CONSERVANCY. Section 301 of the Oregon Resource Conservation Act of 1996 (division B of Public Law 104-208; 110 Stat. 3009-534) is amended-- (1) in subsection (b)(3), by inserting before the period at the end the following: ``, and up to a total amount of $2,000,000 during each of fiscal years 2002 through 2006''; and (2) in subsection (h), by inserting before the period at the end the following: ``and $2,000,000 for each of fiscal years 2002 through 2006''. <all>

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2024-06-24T03:06:01.938464

BILLS-106s1026is

Medicare HMO Protection Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1026 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1026 To amend title XVIII of the Social Security Act to prevent sudden disruption of medicare beneficiary enrollment in Medicare+Choice plans. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 12, 1999 Mr. Dodd introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to prevent sudden disruption of medicare beneficiary enrollment in Medicare+Choice plans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare HMO Protection Act of 1999''. SEC. 2. AUTHORITY TO EVALUATE AND ALTER TERMINATION DECISIONS. Section 1851(g)(3) of the Social Security Act (42 U.S.C. 1395w- 21(g)(3)) is amended by adding at the end the following: ``(E) Authority to delay termination date.-- ``(i) In general.--If a Medicare+Choice organization terminates a plan under subparagraph (B)(iii), the Secretary may delay the effectiveness of such termination if the Secretary determines that-- ``(I) the termination would cause an imminent and serious risk to the health of individuals enrolled under the plan under this part; ``(II) the termination would result in a significant reduction in the Medicare+Choice plans that are available in the area affected by the termination; or ``(III) the organization terminating coverage is offering Medicare+Choice plans in contract areas that are in close proximity to the area affected by the termination without suffering considerable financial losses. In making the determination described in subclause (III), the Secretary may audit and inspect any books or records of the organization pursuant to the authority provided to the Secretary under section 1857(d). ``(ii) End of delay.--The Secretary may end a delay under clause (i), prior to the end of the period established by the Secretary under such clause, if the Secretary determines that an adequate provider network has been established that will provide at least an equal level of insurance coverage as existed in the area affected by the termination on the date the Medicare+Choice organization informed the Secretary of its intention to terminate the contract. ``(F) Authority to renegotiate contract.--If the Secretary delays the effectiveness of a termination for a period pursuant to subparagraph (E), the Secretary and the Medicare+Choice organization terminating coverage pursuant to subparagraph (B)(iii) may negotiate during such period for a new contract under section 1857 that will enable such organization to continue such coverage. In negotiating such contract, the Secretary shall ensure that beneficiaries are not adversely affected by such contract.''. SEC. 3. EXTENSION OF INITIAL MEDICARE+CHOICE CONTRACT PERIOD TO 3 YEARS. (a) In General.--Section 1857(c)(1) of the Social Security Act (42 U.S.C. 1395w-27(c)(1)) is amended by striking ``a term of at least 1 year'' and inserting ``a term of at least 3 years''. (b) Effective Date.--The amendment made by subsection (a) applies to contracts entered into on or after the date of enactment of this Act. SEC. 4. NOTICE OF TERMINATION. (a) In General.--Section 1857(d)(3) of the Social Security Act (42 U.S.C. 1395w-27(d)(3)) is amended to read as follows: ``(3) Enrollee notice at time of termination.-- ``(A) In general.--Each contract under this section shall require the organization to provide (and pay for) written notice at least 120 days prior to the termination of the contract, as well as a description of alternatives for obtaining benefits under this title, to each individual enrolled with the organization under this part. ``(B) Description.--The description of alternatives referred to in subparagraph (A) shall include a description of-- ``(i) all Medicare+Choice plans and medicare supplemental policies available in the area where the contract that is being terminated is serving beneficiaries and the costs of such plans and policies; and ``(ii) the telephone number of local social service agencies providing assistance to medicare beneficiaries in such area.''. (b) Effective Date.--The amendment made by subsection (a) applies to any notice of termination that is provided on or after the date of enactment of this Act. <all>

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2024-06-24T03:06:01.979259

BILLS-106s1028is

Citizens Access to Justice Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1028 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1028 To simplify and expedite access to the Federal courts for injured parties whose rights and privileges, secured by the United States Constitution, have been deprived by final actions of Federal agencies, or other government officials or entities acting under color of State law, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Hatch introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To simplify and expedite access to the Federal courts for injured parties whose rights and privileges, secured by the United States Constitution, have been deprived by final actions of Federal agencies, or other government officials or entities acting under color of State law, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Citizens Access to Justice Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) property rights have been abrogated by the application of laws, regulations, and other actions by all levels of government that adversely affect the value and the ability to make reasonable use of private property; (2) certain provisions of sections 1346 and 1402 and chapter 91 of title 28, United States Code (commonly known as the Tucker Act), that delineate the jurisdiction of courts hearing property rights claims, frustrate the ability of a property owner to obtain full relief for violation founded upon the fifth and fourteenth amendments of the United States Constitution; (3) current law-- (A) has no sound basis for splitting jurisdiction between two courts in cases where constitutionally protected property rights are at stake; (B) adds to the complexity and cost of takings and litigation, adversely affecting taxpayers and property owners; (C) forces a property owner, who seeks just compensation from the Federal Government, to elect between equitable relief in the district court and monetary relief (the value of the property taken) in the United States Court of Federal Claims; (D) is used to urge dismissal in the district court in complaints against the Federal Government, on the ground that the plaintiff should seek just compensation in the Court of Federal Claims; (E) is used to urge dismissal in the Court of Federal Claims in complaints against the Federal Government, on the ground that the plaintiff should seek equitable relief in district court; and (F) forces a property owner to first pay to litigate an action in a State court, before a Federal judge can decide whether local government has denied property rights safeguarded by the United States Constitution; (4) property owners cannot fully vindicate property rights in one lawsuit and their claims may be time barred in a subsequent action; (5) property owners should be able to fully recover for a taking of their private property in one court; (6) certain provisions of section 1346 and 1402 and chapter 91 of title 28, United States Code (commonly known as the Tucker Act) should be amended, giving both the district courts of the United States and the Court of Federal Claims jurisdiction to hear all claims relating to property rights in complaints against the Federal Government; (7) section 1500 of title 28, United States Code, which denies the Court of Federal Claims jurisdiction to entertain a suit which is pending in another court and made by the same plaintiff, should be repealed; (8) Federal and local authorities, through complex, costly, repetitive and unconstitutional permitting, variance, and licensing procedures, have denied property owners their fifth and fourteenth amendment rights under the United States Constitution to the use, enjoyment, and disposition of, and exclusion of others from, their property, and to safeguard those rights, there is a need to determine what constitutes a final decision of an agency in order to allow claimants the ability to protect their property rights in a court of law; (9) a Federal judge should decide the merits of cases where a property owner seeks redress solely for infringements of rights safeguarded by the United States Constitution, and where no claim of a violation of State law is alleged; and (10) certain provisions of sections 1343, 1346, and 1491 of title 28, United States Code, should be amended to clarify when a claim for redress of constitutionally protected property rights is sufficiently ripe so a Federal judge may decide the merits of the allegations. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) establish a clear, uniform, and efficient judicial process whereby aggrieved property owners can obtain vindication of property rights guaranteed by the fifth and fourteenth amendments to the United States Constitution and this Act; (2) amend the Tucker Act, including the repeal of section 1500 of title 28, United States Code; (3) rectify the unduly onerous and expensive requirement that an owner of real property, seeking redress under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) for the infringement of property rights protected by the fifth and fourteenth amendments of the United States Constitution, is required to first litigate Federal constitutional issues in a State court before obtaining access to the Federal courts; (4) provide for uniformity in the application of the ripeness doctrine in cases where constitutional rights to use and enjoy real property are allegedly infringed, by providing that a final agency decision may be adjudicated by a Federal court on the merits after-- (A) the pertinent government body denies a meaningful application to develop the land in question; and (B)(i) the property owner seeks available waivers and administrative appeals from such denial; and (ii) such waiver or appeal is not approved; and (5) confirm the proper role of a State or territory to prevent land uses that are a nuisance under applicable law. SEC. 4. DEFINITIONS. In this Act, the term-- (1) ``agency action'' means any action, inaction, or decision taken by a Federal agency or other government agency that at the time of such action, inaction, or decision adversely affects private property rights; (2) ``district court''-- (A) means a district court of the United States with appropriate jurisdiction; and (B) includes the United States District Court of Guam, the United States District Court of the Virgin Islands, or the District Court for the Northern Mariana Islands; (3) ``Federal agency'' means a department, agency, independent agency, or instrumentality of the United States, including any military department, Government corporation, Government-controlled corporation, or other establishment in the executive branch of the United States Government; (4) ``owner'' means the owner or possessor of property or rights in property at the time the taking occurs, including when-- (A) the statute, regulation, rule, order, guideline, policy, or action is passed or promulgated; or (B) the permit, license, authorization, or governmental permission is denied or suspended; (5) ``private property'' or ``property'' means all interests constituting property, as defined by Federal or State law, protected under the fifth and fourteenth amendments to the United States Constitution; and (6) ``taking of private property'', ``taking'', or ``take'' means any action whereby restricting the ownership, alienability, possession, or use of private property is an object of that action and is taken so as to require compensation under the fifth amendment to the United States Constitution, including by physical invasion, regulation, exaction, condition, or other means. SEC. 5. PRIVATE PROPERTY ACTIONS. (a) In General.--An owner may file a civil action under this section to challenge the validity of any Federal agency action as a violation of the fifth amendment to the United States Constitution in a district court or the United States Court of Federal Claims. (b) Concurrent Jurisdiction.--Notwithstanding any other provision of law and notwithstanding the issues involved, the relief sought, or the amount in controversy, the district court and the United States Court of Federal Claims shall each have concurrent jurisdiction over both claims for monetary relief and claims seeking invalidation of any Act of Congress or any regulation of a Federal agency affecting private property rights. (c) Election.--The plaintiff may elect to file an action under this section in a district court or the United States Court of Federal Claims. (d) Waiver of Sovereign Immunity.--This section constitutes express waiver of the sovereign immunity of the United States with respect to an action filed under this section. (e) Appeals.--The United States Court of Appeals for the Federal Circuit shall have exclusive jurisdiction of any action filed under this section, regardless of whether the jurisdiction of such action is based in whole or part under this section. (f) Statute of Limitations.--The statute of limitations for any action filed under this section shall be 6 years after the date of the taking of private property. (g) Attorneys' Fees and Costs.--In issuing any final order in any action filed under this section, the court may award costs of litigation (including reasonable attorneys' fees) to any prevailing plaintiff. SEC. 6. JURISDICTION OF UNITED STATES COURT OF FEDERAL CLAIMS AND UNITED STATES DISTRICT COURTS. (a) United States Court of Federal Claims.-- (1) Jurisdiction.--Section 1491(a) of title 28, United States Code, is amended-- (A) in paragraph (1) by amending the first sentence to read as follows: ``The United States Court of Federal Claims shall have jurisdiction to render judgment upon any claim against the United States for monetary relief founded either upon the Constitution or any Act of Congress or any regulation of an executive department or upon any express or implied contract with the United States, in cases not sounding in tort, or for invalidation of any Act of Congress or any regulation of an executive department under section 5 of the Citizens Access to Justice Act of 1999.''; (B) in paragraph (2) by inserting before the first sentence the following: ``In any case within its jurisdiction, the Court of Federal Claims shall have the power to grant injunctive and declaratory relief when appropriate.''; and (C) by adding at the end the following new paragraphs: ``(3) In cases otherwise within its jurisdiction, the Court of Federal Claims shall also have supplemental jurisdiction, concurrent with the courts designated under section 1346(b), to render judgment upon any related tort claim authorized under section 2674. ``(4) In proceedings within the jurisdiction of the Court of Federal Claims which constitute judicial review of agency action (rather than de novo proceedings), the provisions of section 706 of title 5 shall apply. ``(5)(A) Any claim brought under this subsection to redress the deprivation of a right or privilege to use and enjoy real property as secured by the Constitution, shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. ``(B) For purposes of this paragraph, a final decision exists if-- ``(i) the United States makes a definitive decision regarding the extent of permissible uses on real property that has been allegedly infringed or taken; and ``(ii) one meaningful application as defined by applicable law to use the property has been submitted but has not been approved within a reasonable time, and the party seeking redress has applied for one appeal and one waiver which has not been approved within a reasonable time, where the applicable law of the United States provides a mechanism for appeal to or waiver by an administrative agency. ``(C)(i) The party seeking redress shall not be required to submit any application or apply for any appeal or waiver required under this section, if the district court determines that such action would be futile. ``(ii) In this subparagraph, the term `futile' means the inability of an owner of real property to seek or obtain approvals to use such real property, and the hardship endured by such inability, as defined under applicable land use, zoning, and planning law. ``(D) Nothing in this paragraph alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. (2) Pendency of claims in other courts.-- (A) In general.--Section 1500 of title 28, United States Code is repealed. (B) Technical and conforming amendment.--The table of sections for chapter 91 of title 28, United States Code, is amended by striking out the item relating to section 1500. (b) District Court Jurisdiction.-- (1) Citizen access to justice action.--Section 1346(a) of title 28, United States Code, is amended by adding after paragraph (2) the following: ``(3) Any civil action filed under section 5 of the Citizens Access to Justice Act of 1999.''. (2) United states as defendant.--Section 1346 of title 28, United States Code, is amended by adding at the end the following: ``(h)(1) Any claim brought under subsection (a) to redress the deprivation of a right or privilege to use and enjoy real property as secured by the Constitution shall be ripe for adjudication upon a final decision rendered by the United States, that causes actual and concrete injury to the party seeking redress. ``(2)(A) For purposes of this subsection, a final decision exists if-- ``(i) the United States makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken; and ``(ii) one meaningful application as defined by applicable law to use the property has been submitted but has not been approved within a reasonable time, and the party seeking redress has applied for one appeal and one waiver which has not been approved within a reasonable time, where the applicable law of the United States provides a mechanism for appeal to or waiver by an administrative agency. ``(B)(i) The party seeking redress shall not be required to submit any application or apply for any appeal or waiver required under this section, if the district court determines that such action would be futile. ``(ii) In this subparagraph, the term `futile' means the inability of an owner of real property to seek or obtain approvals to use such real property, and the hardship endured by such inability, as defined under applicable land use, zoning, and planning law. ``(3) Nothing in this subsection alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. (c) District Court Civil Rights Jurisdiction; Abstention.--Section 1343 of title 28, United States Code, is amending by adding at the end the following: ``(c) Whenever a district court exercises jurisdiction under subsection (a), the court shall not abstain from or relinquish jurisdiction to a State court in an action if-- ``(1) no claim of a violation of a State law or privilege is alleged; and ``(2) a parallel proceeding in State court arising out of the same core of operative facts as the district court proceeding is not pending. ``(d) A district court that exercises jurisdiction under subsection (a) in an action in which the operative facts concern the uses of real property may abstain where the party seeking redress-- ``(1) has not submitted a meaningful application, as defined by applicable law, to use such real property; and ``(2) challenges whether an action of the applicable locality exceeds the authority conferred upon the locality under the applicable zoning or planning enabling statute of the State or territory. ``(e)(1) Where the district court has jurisdiction over an action under subsection (a) in which the operative facts concern the uses of real property and which cannot be decided without resolution of an unsettled question of State law, the district court may certify the question of State law to the highest appellate court of that State. After the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits. ``(2) In making a decision whether to certify a question of State law under this subsection, the district court may consider whether the question of State law-- ``(A) will significantly affect the merits of the injured party's Federal claim; and ``(B) is patently unclear. ``(f)(1) Any claim or action brought under section 1979 of the Revised Statutes of the United States (42 U.S.C. 1983) to redress the deprivation of a right or privilege to use and enjoy real property as secured by the Constitution shall be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. ``(2)(A) For purposes of this subsection, a final decision exists if-- ``(i) any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, makes a definitive decision regarding the extent of permissible uses on the property that has been allegedly infringed or taken; ``(ii)(I) one meaningful application, as defined by applicable law to use the property has been submitted but has not been approved within a reasonable time, and the party seeking redress has applied for one appeal or waiver which has not been approved within a reasonable time, where the applicable statute, ordinance, custom, or usage provides a mechanism for appeal to or waiver by an administrative agency; or ``(II) one meaningful application, as defined by applicable law, to use the property has been submitted but has not been approved within a reasonable time, and the disapproval at a minimum specifies in writing the range of use, density, or intensity of development of the property that would be approved, with any conditions therefor, and the party seeking redress has resubmitted another meaningful application taking into account the terms of the disapproval, except that-- ``(aa) if no such reapplication is submitted, then a final decision shall not have been reached for purposes of this subsection, except as provided in subparagraph (B); and ``(bb) if the reapplication is not approved within a reasonable time, or if the reapplication is not required under subparagraph (B), then a final decision exists for purposes of this subsection if the party seeking redress has applied for one appeal or waiver with respect to the disapproval, which has not been approved within a reasonable time, where the applicable statute, ordinance, custom, or usage provides a mechanism of appeal or waiver by an administrative agency; and ``(iii) in a case involving the uses of real property, where the applicable statute or ordinance provides for review of the case by elected officials, the party seeking redress has applied for but is denied such review. ``(B)(i) The party seeking redress shall not be required to submit any application or reapplication, or apply for any appeal or waiver as required under this subsection, upon determination by the district court that such action would be futile. ``(ii) In this subparagraph, the term `futile' means the inability of an owner of real property to seek or obtain approvals to use such real property, and the hardship endured by such inability, as defined under applicable land use, zoning, and planning law. ``(3) For purposes of this subsection, a final decision shall not require the party seeking redress to exhaust judicial remedies provided by any State or territory of the United States. ``(g) Nothing in subsection (c), (d), (e), or (f) alters the substantive law of takings of property, including the burden of proof borne by the plaintiff.''. SEC. 7. ATTORNEYS FEES FOR LOCALITIES. Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended-- (1) by striking ``In any action'' and inserting ``(1) Subject to paragraphs (2) and (3), in any action''; and (2) by adding at the end the following: ``(2) In an action arising under section 1979 of the Revised Statutes (42 U.S.C. 1983), where the taking of real property is alleged, a district court, in its discretion, may hold the party seeking redress liable for a reasonable attorney's fee and costs where the takings claim is not substantially justified, unless special circumstances make an award of such fees unjust. Whether or not the position of the party seeking redress was substantially justified shall be determined on the basis of any administrative and judicial record, as a whole, which is made in the district court adjudication for which fees and other expenses are sought. ``(3) In an action arising under section 1979 of the Revised Statutes (42 U.S.C. 1983) where the taking of real property is alleged, the district court shall decide any motion to dismiss such claim on an expedited basis. Where such a motion is granted and the takings claim is dismissed with prejudice, the non-moving party may be liable for a reasonable attorney's fee and costs at the discretion of the district court, unless special circumstances make an award of such fees unjust.''. SEC. 8. DUTY OF NOTICE TO DEFENDANTS. Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended-- (1) by inserting ``(a)'' before ``Every person''; and (2) by adding at the end the following: ``(b) A party seeking redress under this section for a taking of real property without the payment of compensation shall not commence an action in district court before 60 days after the date on which written notice has been given to any potential defendant.''. SEC. 9. DUTY OF NOTICE TO OWNERS. Whenever a Federal agency takes an agency action limiting the use of private property that may be affected by this Act (including the amendments made by this Act), the agency shall give notice to the owners of that property explaining their rights under this Act and the procedures for obtaining any compensation that may be due to them under this Act. SEC. 10. RULES OF CONSTRUCTION. Nothing in this Act shall be construed to interfere with the authority of any State to create additional property rights. SEC. 11. EFFECTIVE DATE. This Act shall take effect on the date of enactment of this Act and shall apply to any agency action that occurs on or after such date. <all>

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2024-06-24T03:06:02.123510

BILLS-106s1033is

Child Support Penalty Fairness Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1033 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1033 To amend title IV of the Social Security Act to coordinate the penalty for the failure of a State to operate a State child support disbursement unit with the alternative penalty procedure for failures to meet data processing requirements. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title IV of the Social Security Act to coordinate the penalty for the failure of a State to operate a State child support disbursement unit with the alternative penalty procedure for failures to meet data processing requirements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Child Support Penalty Fairness Act''. SEC. 2. ALTERNATIVE PENALTY PROCEDURE FOR FAILURE TO OPERATE STATE DISBURSEMENT UNIT. (a) In General.--Section 455(a)(4) of the Social Security Act (42 U.S.C. 655(a)(4)) is amended by adding at the end the following: ``(E) The Secretary may not disapprove a State plan under section 454 against a State with respect to a failure to comply with section 454(27) for a fiscal year as long as the State is receiving a penalty under this paragraph with respect to a failure to comply with either section 454(24)(A) or 454(24)(B) for the fiscal year.''. (b) Effective Date.--The amendment made by this section shall take effect as if included in the amendments made by section 101 of the Child Support Performance and Incentive Act of 1998. <all>

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2024-06-24T03:06:02.278599

BILLS-106s1034is

Investment in Women's Health Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1034 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1034 To amend title XVIII of the Social Security Act to increase the amount of payment under the Medicare Program for pap smear laboratory tests. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Akaka (for himself, Ms. Snowe, Mrs. Murray, and Ms. Collins) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to increase the amount of payment under the Medicare Program for pap smear laboratory tests. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Investment in Women's Health Act of 1999''. SEC. 2. INCREASE IN PAYMENT AMOUNT FOR PAP SMEAR LABORATORY TESTS. (a) In General.--Section 1833(h) of the Social Security Act (42 U.S.C. 1395l(h)) is amended by adding at the end the following: ``(7) In no case shall payment under the fee schedule established under paragraph (1) for the laboratory test component of a diagnostic or screening pap smear be less than $14.60.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to laboratory tests furnished on or after January 1, 2000. <all>

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2024-06-24T03:06:02.377156

BILLS-106s1030is

To provide that the conveyance by the Bureau of Land Management of the surface estate to certain land in the State of Wyoming in exchange for certain private land will not result in the removal of the land from operation of the mining laws.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1030 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1030 To provide that the conveyance by the Bureau of Land Management of the surface estate to certain land in the State of Wyoming in exchange for certain private land will not result in the removal of the land from operation of the mining laws. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Enzi (for himself and Mr. Thomas) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To provide that the conveyance by the Bureau of Land Management of the surface estate to certain land in the State of Wyoming in exchange for certain private land will not result in the removal of the land from operation of the mining laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 60 BAR LAND EXCHANGE. (a) In General.--Sections 2201.1-2(d) and 2091.3-2(c) of title 43 Code of Federal Regulations, shall not apply in the case of the conveyance by the Secretary of the Interior of the land described in subsection (b) in exchange for approximately 9,480 acres of land in Campbell County, Wyoming, pursuant to the terms of the Cow Creek/60 Bar land exchange, WYW-143315. (b) Land Description.--The land described in this subsection comprises the following land in Campbell and Johnson Counties, Wyoming: (1) Approximately 2,960 acres of land in the tract known as the ``Bill Barlow Ranch''; (2) Approximately 2,315 acres of land in the tract know as the ``T-Chair Ranch''; (3) Approximately 3,948 acres of land in the tract known as the ``Bob Christensen Ranch''; (4) Approximately 11,609 acres of land in the tract known as the ``John Christensen Ranch''. <all>

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2024-06-24T03:06:02.395459

BILLS-106s1029is

Digital Education Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1029 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1029 To amend title III of the Elementary and Secondary Education Act of 1965 to provide for digital education partnerships. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Cochran (for himself, Mr. Kennedy, Mr. Levin, and Mr. Voinovich) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend title III of the Elementary and Secondary Education Act of 1965 to provide for digital education partnerships. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Digital Education Act of 1999''. SEC. 2. REVISION OF PART C OF TITLE III. Part C of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6921 et seq.) is amended to read as follows: ``PART C--READY-TO-LEARN DIGITAL TELEVISION ``SEC. 3301. FINDINGS. ``Congress makes the following findings: ``(1) In 1994, Congress and the Department collaborated to make a long-term, meaningful and public investment in the principle that high-quality preschool television programming will help children be ready to learn by the time the children entered first grade. ``(2) The Ready to Learn Television Program through the Public Broadcasting Service (PBS) and local public television stations has proven to be an extremely cost-effective national response to improving early childhood development and helping parents, caregivers, and professional child care providers learn how to use television as a means to help children learn, develop, and play creatively. ``(3) Independent research shows that parents who participate in Ready to Learn workshops are more critical consumers of television and their children are more active viewers. A University of Alabama study showed that parents who had attended a Ready to Learn workshop read more books and stories to their children and read more minutes each time than nonattendees. The parents did more hands-on activities related to reading with their children. The parents engaged in more word activities and for more minutes each time. The parents read less for entertainment and more for education. The parents took their children to libraries and bookstores more than nonattendees. For parents, participating in a Ready to Learn workshop increases their awareness of and interest in educational dimensions of television programming and is instrumental in having their children gain exposure to more educational programming. Moreover, 6 months after participating in Ready to Learn workshops, parents who attended generally had set rules for television viewing by their children. These rules related to the amount of time the children were allowed to watch television daily, the hours the children were allowed to watch television, and the tasks or chores the children must have accomplished before the children were allowed to watch television. ``(4) The Ready to Learn (RTL) Television Program is supporting and creating commercial-free broadcast programs for young children that are of the highest possible educational quality. Program funding has also been used to create hundreds of valuable interstitial program elements that appear between national and local public television programs to provide developmentally appropriate messages to children and caregiving advice to parents. ``(5) Through the Nation's 350 local public television stations, these programs and programming elements reach tens of millions of children, their parents, and caregivers without regard to their economic circumstances, location, or access to cable. In this way, public television is a partner with Federal policy to make television an instrument, not an enemy, of preschool children's education and early development. ``(6) The Ready to Learn Television Program extends beyond the television screen. Funds from the Ready to Learn Television Program have funded thousands of local workshops organized and run by local public television stations, almost always in association with local child care training agencies or early childhood development professionals, to help child care professionals and parents learn more about how to use television effectively as a developmental tool. These workshops have trained more than 320,000 parents and professionals who, in turn, serve and support over 4,000,000 children across the Nation. ``(7)(A) The Ready to Learn Television Program has published and distributed millions of copies of a quarterly magazine entitled `PBS Families' that contains-- ``(i) developmentally appropriate games and activities based on Ready to Learn Television programming; ``(ii) parenting advice; ``(iii) news about regional and national activities related to early childhood development; and ``(iv) information about upcoming Ready to Learn Television activities and programs. ``(B) The magazine described in subparagraph (A) is published 4 times a year and distributed free of charge by local public television stations in English and in Spanish (PBS para la familia). ``(8) Because reading and literacy are central to the ready to learn principle Ready to Learn Television stations also have received and distributed millions of free age-appropriate books in their communities as part of the Ready to Learn Television Program. Each station receives a minimum of 200 books each month for free local distribution. Some stations are now distributing more than 1,000 books per month. Nationwide, more than 300,000 books are distributed each year in low-income and disadvantaged neighborhoods free of charge. ``(9) In 1998, the Public Broadcasting Service, in association with local colleges and local public television stations, as well as the Annenberg Corporation for Public Broadcasting Project housed at the Corporation for Public Broadcasting, began a pilot program to test the formal awarding of a Certificate in Early Childhood Development through distance learning. The pilot is based on the local distribution of a 13-part video courseware series developed by Annenberg Corporation for Public Broadcasting and WTVS Detroit entitled `The Whole Child'. Louisiana Public Broadcasting, Kentucky Educational Television, Maine Public Broadcasting, and WLJT Martin, Tennessee, working with local and State regulatory agencies in the childcare field, have participated in the pilot program with a high level of success. The certificate program is ready for nationwide application using the Public Broadcasting Service's Adult Learning Service. ``(10) Demand for Ready To Learn Television Program outreach and training has increased dramatically, with the base of participating Public Broadcasting Service member stations growing from a pilot of 10 stations to nearly 130 stations in 5 years. ``(11) Federal policy played a crucial role in the evolution of analog television by funding the television program entitled `Sesame Street' in the 1960's. Federal policy should continue to play an equally crucial role for children in the digital television age. ``SEC. 3302. READY-TO-LEARN. ``(a) In General.--The Secretary is authorized to award grants to or enter into contracts or cooperative agreements with eligible entities described in section 3303(b) to develop, produce, and distribute educational and instructional video programming for preschool and elementary school children and their parents in order to facilitate the achievement of the National Education Goals. ``(b) Availability.--In making such grants, contracts, or cooperative agreements, the Secretary shall ensure that eligible entities make programming widely available, with support materials as appropriate, to young children, their parents, childcare workers, and Head Start providers to increase the effective use of such programming. ``SEC. 3303. EDUCATIONAL PROGRAMMING. ``(a) Awards.--The Secretary shall award grants, contracts, or cooperative agreements under section 3302 to eligible entities to-- ``(1) facilitate the development directly, or through contracts with producers of children and family educational television programming, of-- ``(A) educational programming for preschool and elementary school children; and ``(B) accompanying support materials and services that promote the effective use of such programming; ``(2) facilitate the development of programming and digital content especially designed for nationwide distribution over public television stations' digital broadcasting channels and the Internet, containing Ready to Learn-based children's programming and resources for parents and caregivers; and ``(3) enable eligible entities to contract with entities (such as public telecommunications entities and those funded under the Star Schools Act) so that programs developed under this section are disseminated and distributed-- (A) to the widest possible audience appropriate to be served by the programming; and (B) by the most appropriate distribution technologies. ``(b) Eligible Entities.--To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall be-- ``(1) a public telecommunications entity that is able to demonstrate a capacity for the development and national distribution of educational and instructional television programming of high quality for preschool and elementary school children; and ``(2) able to demonstrate a capacity to contract with the producers of children's television programming for the purpose of developing educational television programming of high quality for preschool and elementary school children. ``(c) Cultural Experiences.--Programming developed under this section shall reflect the recognition of diverse cultural experiences and the needs and experiences of both boys and girls in engaging and preparing young children for schooling. ``SEC. 3304. DUTIES OF SECRETARY. ``The Secretary is authorized-- ``(1) to award grants, contracts, or cooperative agreements to eligible entities described in section 3303(b), local public television stations, or such public television stations that are part of a consortium with 1 or more State educational agencies, local educational agencies, local schools, institutions of higher education, or community-based organizations of demonstrated effectiveness, for the purpose of-- ``(A) addressing the learning needs of young children in limited English proficient households, and developing appropriate educational and instructional television programming to foster the school readiness of such children; ``(B) developing programming and support materials to increase family literacy skills among parents to assist parents in teaching their children and utilizing educational television programming to promote school readiness; and ``(C) identifying, supporting, and enhancing the effective use and outreach of innovative programs that promote school readiness; and ``(D) developing and disseminating training materials, including-- ``(i) interactive programs and programs adaptable to distance learning technologies that are designed to enhance knowledge of children's social and cognitive skill development and positive adult-child interactions; and ``(ii) support materials to promote the effective use of materials developed under subparagraph (B) among parents, Head Start providers, in-home and center-based daycare providers, early childhood development personnel, elementary school teachers, public libraries, and after- school program personnel caring for preschool and elementary school children; ``(2) to establish within the Department a clearinghouse to compile and provide information, referrals, and model program materials and programming obtained or developed under this part to parents, child care providers, and other appropriate individuals or entities to assist such individuals and entities in accessing programs and projects under this part; and ``(3) to coordinate activities assisted under this part with the Secretary of Health and Human Services in order to-- ``(A) maximize the utilization of quality educational programming by preschool and elementary school children, and make such programming widely available to federally funded programs serving such populations; and ``(B) provide information to recipients of funds under Federal programs that have major training components for early childhood development, including programs under the Head Start Act and Even Start, and State training activities funded under the Child Care Development Block Grant Act of 1990, regarding the availability and utilization of materials developed under paragraph (1)(D) to enhance parent and child care provider skills in early childhood development and education. ``SEC. 3305. APPLICATIONS. ``Each entity desiring a grant, contract, or cooperative agreement under section 3302 or 3304 shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``SEC. 3306. REPORTS AND EVALUATION. ``(a) Annual Report to Secretary.--An eligible entity receiving funds under section 3302 shall prepare and submit to the Secretary an annual report which contains such information as the Secretary may require. At a minimum, the report shall describe the program activities undertaken with funds received under section 3302, including-- ``(1) the programming that has been developed directly or indirectly by the eligible entity, and the target population of the programs developed; ``(2) the support materials that have been developed to accompany the programming, and the method by which such materials are distributed to consumers and users of the programming; ``(3) the means by which programming developed under this section has been distributed, including the distance learning technologies that have been utilized to make programming available and the geographic distribution achieved through such technologies; and ``(4) the initiatives undertaken by the eligible entity to develop public-private partnerships to secure non-Federal support for the development, distribution and broadcast of educational and instructional programming. ``(b) Report to Congress.--The Secretary shall prepare and submit to the relevant committees of Congress a biannual report which includes-- ``(1) a summary of activities assisted under section 3303(a); and ``(2) a description of the training materials made available under section 3304(1)(D), the manner in which outreach has been conducted to inform parents and childcare providers of the availability of such materials, and the manner in which such materials have been distributed in accordance with such section. ``SEC. 3307. ADMINISTRATIVE COSTS. ``With respect to the implementation of section 3303, eligible entities receiving a grant, contract, or cooperative agreement from the Secretary may use not more than 5 percent of the amounts received under such section for the normal and customary expenses of administering the grant, contract, or cooperative agreement. ``SEC. 3308. DEFINITION. ``For the purposes of this part, the term `distance learning' means the transmission of educational or instructional programming to geographically dispersed individuals and groups via telecommunications. ``SEC. 3309. AUTHORIZATION OF APPROPRIATIONS. ``(a) In General.--There are authorized to be appropriated to carry out this part, $50,000,000 for fiscal year 2000, and such sums as may be necessary for each of the 4 succeeding fiscal years. ``(b) Funding Rule.--Not less than 60 percent of the amounts appropriated under subsection (a) for each fiscal year shall be used to carry out section 3303.''. SEC. 3. REVISION OF PART D OF TITLE III. Part D of title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6951 et seq.) is amended to read as follows: ``PART D--THE NEW CENTURY PROGRAM FOR DISTRIBUTED TEACHER PROFESSIONAL DEVELOPMENT ``SEC. 3401. FINDINGS. ``Congress makes the following findings: ``(1) Since 1995, the Telecommunications Demonstration Project for Mathematics (as established under this part pursuant to the Improving America's Schools Act of 1994) (in this section referred to as `MATHLINE') has allowed the Public Broadcasting Service to pioneer and refine a new model of teacher professional development for kindergarten through grade 12 teachers. MATHLINE uses video modeling of standards-based lessons, combined with professionally facilitated online learning communities of teachers, to help mathematics teachers from elementary school through secondary school adopt and implement standards-based practices in their classrooms. This approach allows teachers to update their skills on their own schedules through video, while providing online interaction with peers and master teachers to reinforce that learning. This integrated, self-paced approach breaks down the isolation of classroom teaching while making standards-based best practices available to all participants. ``(2) MATHLINE was developed specifically to disseminate the first national voluntary standards for teaching and learning as developed by the National Council of Teachers of Mathematics (NCTM). During 3 years of actual deployment, more than 5,800 teachers have participated for at least a full year in the demonstration. These teachers, in turn, have taught more than 1,500,000 students cumulatively. ``(3)(A) In the first 3 years of the MATHLINE project, the Public Broadcasting Service used the largest portion of the funds provided under this part-- ``(i) to produce video-based models of classroom teaching; ``(ii) to produce and disseminate extensive accompanying print materials; ``(iii) to organize and host professionally moderated, year-long, online learning communities; and ``(iv) to train the Public Broadcasting Service stations to deploy MATHLINE in their local communities. In fiscal year 1998, the Public Broadcasting Service added an extensive Internet-based set of learning tools for teachers' use with the video modules and printed materials, and the Public Broadcasting Service expanded the online resources available to teachers through Internet-based discussion groups and a national listserv. ``(B) To extend Federal funds, the Public Broadcasting Service has experimented with various fee models for teacher participation, with varying results. Using fiscal year 1998 Federal funds and private money, participation in MATHLINE will increase by 10,000 MATHLINE scholarships to preservice and inservice teachers. The Public Broadcasting Service and its participating member stations will distribute scholarships in each congressional district in the United States, with teachers serving disadvantaged populations given priority for the scholarships. ``(4) Independent evaluations indicate that teaching improves and students benefit as a result of the MATHLINE program. ``(5) The MATHLINE program is ready to be expanded to reach many more teachers in more subject areas. The New Century Program for Distributed Teacher Professional Development will link the digitized public broadcasting infrastructure with education networks by working with the program's digital membership, and Federal and State agencies, to expand the successful MATHLINE model. Tens of thousands of teachers will have access to the New Century Program for Distributed Teacher Professional Development, to advance their teaching skills and their ability to integrate technology into teaching and learning. The New Century Program for Distributed Teacher Professional Development also will leverage the Public Broadcasting Service's historic relationships with higher education to improve preservice teacher training. ``SEC. 3402. PROJECT AUTHORIZED. ``The Secretary is authorized to make grants to a nonprofit telecommunications entity, or partnership of such entities, for the purpose of carrying out a national telecommunications-based program to improve teaching in core curriculum areas. The program authorized by this part shall be designed to assist elementary school and secondary school teachers in preparing all students for achieving State content standards. ``SEC. 3403. APPLICATION REQUIRED. ``(a) In General.--Each nonprofit telecommunications entity, or partnership of such entities, desiring a grant under this part shall submit an application to the Secretary. Each such application shall-- ``(1) demonstrate that the applicant will use the public broadcasting infrastructure and school digital networks, where available, to deliver video and data in an integrated service to train teachers in the use of standards-based curricula materials and learning technologies; ``(2) assure that the project for which assistance is sought will be conducted in cooperation with appropriate State educational agencies, local educational agencies, national, State or local nonprofit public telecommunications entities, and national education professional associations that have developed content standards in the subject areas; ``(3) assure that a significant portion of the benefits available for elementary schools and secondary schools from the project for which assistance is sought will be available to schools of local educational agencies which have a high percentage of children counted for the purpose of part A of title I; and ``(4) contain such additional assurances as the Secretary may reasonably require. ``(b) Approval of Applications; Number of Sites.--In approving applications under this section, the Secretary shall assure that the program authorized by this part is conducted at elementary school and secondary school sites in at least 15 States. ``SEC. 3404. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part, $20,000,000 for the fiscal year 2000, and such sums as may be necessary for each of the 4 succeeding fiscal years.''. SEC. 4. ADDITION OF PART F TO TITLE III. Title III of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6801 et seq.) is amended by adding at the end the following: ``PART F--DIGITAL EDUCATION CONTENT COLLABORATIVE ``SEC. 3701. FINDINGS. ``Congress makes the following findings: ``(1) Over the past several years, both the Federal and State governments have made significant investments in computer technology and telecommunications in the Nation's schools. Tremendous progress has been made in wiring classrooms, equipping the classrooms with multimedia computers, and connecting the classrooms to the Internet. ``(2) There is a great need for aggregating high quality, curriculum-based digital content for teachers and students to easily access and use in order to meet the State standards for student performance. ``(3) Under Federal Communications Commission policy, public television stations and State networks are mandated to convert from analog broadcasting to digital broadcasting by 2003. ``(4) Most local public television stations and State networks provide high quality video programs, and teacher professional development, as a part of their mission to serve local schools. Programs distributed by public broadcast stations are used by more classroom teachers than any other because of their high quality and relevance to the curriculum. However analog distribution has limited kindergarten through grade 12 services to a few hours per day of linear video broadcasts on a single channel. ``(5) The new capacity of digital broadcasting, can dramatically increase and improve the types of services public broadcasting stations can offer kindergarten through grade 12 schools. ``(6) Digital broadcasting can contribute to the improvement of schools and student performance as follows: ``(A) Broadcast of multiple video channels and data information simultaneously. ``(B) Data can be transmitted along with the video content enabling students to interact, access additional information, communicate with featured experts, and contribute their own knowledge to the subject. ``(C) Both the video and data can be stored on servers and made available on demand to teachers and students. ``(7) Teachers depend on public television stations as a primary source of high quality video material. The material has not always been as accessible or adaptable to the curriculum as teachers would prefer. Moreover, direct student interaction with the material was difficult. ``(8) Public television stations and State networks will soon have the capability of creating and distributing interactive digital content that can be directly matched to State standards and available to teachers and students on demand to fit their local curriculum. ``(9) Interactive digital education content will be an important component of Federal support for States in setting high standards and increasing student performance. ``SEC. 3702. DIGITAL EDUCATION CONTENT COLLABORATIVE. ``(a) In General.--The Secretary is authorized to award grants to or enter into contracts or cooperative agreements with eligible entities described in section 3703(b) to develop, produce, and distribute educational and instructional video programming that is designed for use by kindergarten through grade 12 schools and based on State standards. ``(b) Availability.--In making the grants, contracts, or cooperative agreements, the Secretary shall ensure that eligible entities enter into multiyear content development collaborative arrangements with State educational agencies, local educational agencies, institutions of higher education, businesses, or other agencies and organizations. ``SEC. 3703. EDUCATIONAL PROGRAMMING. ``(a) Awards.--The Secretary shall award grants, contracts, or cooperative agreements under this part to eligible entities to-- ``(1) facilitate the development of educational programming that shall-- ``(A) include student assessment tools to give feedback on student performance; ``(B) include built-in teacher utilization and support components to ensure that teachers understand and can easily use the content of the programming with group instruction or for individual student use; ``(C) be created for, or adaptable to, State content standards; and ``(D) be capable of distribution through digital broadcasting and school digital networks. ``(b) Eligible Entities.--To be eligible to receive a grant, contract, or cooperative agreement under subsection (a), an entity shall be a local public telecommunications entity as defined by section 397(12) of the Communications Act of 1934 that is able to demonstrate a capacity for the development and distribution of educational and instructional television programming of high quality. ``(c) Competitive Basis.--Grants under this part shall be awarded on a competitive basis as determined by the Secretary. ``(d) Duration.--Each grant under this part shall be awarded for a period of 3 years in order to allow time for the creation of a substantial body of significant content. ``SEC. 3704. APPLICATIONS. ``Each eligible entity desiring a grant under this part shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``SEC. 3705. MATCHING REQUIREMENT. ``An eligible entity receiving a grant under this part shall contribute to the activities assisted under this part non-Federal matching funds equal to not less than 100 percent of the amount of the grant. Matching funds may include funds provided for the transition to digital broadcasting, as well as in-kind contributions. ``SEC. 3706. ADMINISTRATIVE COSTS. ``With respect to the implementation of this part, entities receiving a grant under this part from the Secretary may use not more than 5 percent of the amounts received under the grant for the normal and customary expenses of administering the grant. ``SEC. 3707. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to carry out this part, $25,000,000 for fiscal year 2000, and such sums as may be necessary for each of the 4 succeeding fiscal years.''. <all>

usgpo

2024-06-24T03:06:02.404401

BILLS-106s1032is

Freedom To Transport Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1032 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1032 To permit ships built in foreign countries to engage in coastwise trade in the transport of certain products. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Brownback (for himself, Mr. Helms, Mr. Burns, Mr. Roberts, Mr. Fitzgerald, and Mr. Lugar) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To permit ships built in foreign countries to engage in coastwise trade in the transport of certain products. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Freedom To Transport Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Freight vessel.--The term ``freight vessel'' has the meaning given that term in section 2101(13) of title 46, United States Code. (2) Secretary.--The term ``Secretary'' means the Secretary of Transportation. SEC. 3. TRANSPORTATION OF CERTAIN MERCHANDISE. (a) In General.--Section 27 of the Merchant Marine Act, 1929 (46 U.S.C. App. 883) is amended by striking the period at the end and inserting the following: ``: Provided further, That this section shall not apply with respect to the transportation of merchandise that is a forest product, within the meaning of the term `forest products' in section 3(11) of the Shipping Act of 1984 (46 U.S.C. App. 1702(11)), bulk cargo, as that term is defined in section 3(4) of the Shipping Act of 1984 (46 U.S.C. App. 1702(4)), including agricultural products, as that term is defined in section 101(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)), that are carried in bulk, or livestock, as that term is defined in section 2(4) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(4)), and that is transported in a freight vessel (as that term is defined in section 2101(13) of title 46, United States Code) of not less than 1,000 gross tons that was not built in the United States (or if rebuilt, not rebuilt in the United States) for which the Secretary of Transportation has issued a certificate of documentation.''. (b) Coastwise Endorsements.--12106(b) of title 46, United States Code, is amended-- (1) by inserting ``(1)'' after ``(b)''; (2) by inserting ``to paragraph (2) and'' after ``Subject''; and (3) by adding at the end the following: ``(2) Paragraph (1) shall not apply with respect to a vessel used for the transportation of merchandise that is a forest product, within the meaning of the term `forest products' in section 3(11) of the Shipping Act of 1984 (46 U.S.C. App. 1702(11)), bulk cargo, as that term is defined in section 3(4) of the Shipping Act of 1984 (46 U.S.C. App. 1702(4)), including agricultural products, as that term is defined in section 101(1) of the Agricultural Trade Act of 1978 (7 U.S.C. 5602(1)), that are carried in bulk, or livestock, as that term is defined in section 2(4) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(4)), and that is a freight vessel of not less than 1,000 gross tons that was not built in the United States (or if rebuilt, not rebuilt in the United States) and with respect to which the Secretary of Transportation has issued a certificate of documentation.''. (c) Foreign Transfer.-- (1) In general.--Notwithstanding section 9(c) of the Shipping Act, 1916 (46 U.S.C. App. 808), a freight vessel described in the last proviso of section 27 of the Merchant Marine Act, 1920 (46 U.S.C. App. 883), as added by subsection (b) of this section, for which the Secretary has issued a certificate of documentation after the date of enactment of this Act and that is used for a purpose specified in that proviso may be placed under foreign registry without the approval of the Secretary at any time after that vessel is issued a certificate of documentation. (2) Revocation of certificate of documentation.--At such time as vessel is placed under foreign registry under paragraph (1), the Secretary shall revoke the certificate of documentation issued by the Secretary for that vessel. <all>

usgpo

2024-06-24T03:06:02.521129

BILLS-106s1036is

Children First Child Support Reform Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1036 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1036 To amend parts A and D of title IV of the Social Security Act to give States the option to pass through directly to a family receiving assistance under the temporary assistance to needy families program all child support collected by the State and the option to disregard any child support that the family receives in determining a family's eligibility for, or amount of, assistance under that program. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Kohl (for himself, Mr. Dodd, and Mr. Rockefeller) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend parts A and D of title IV of the Social Security Act to give States the option to pass through directly to a family receiving assistance under the temporary assistance to needy families program all child support collected by the State and the option to disregard any child support that the family receives in determining a family's eligibility for, or amount of, assistance under that program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Children First Child Support Reform Act of 1999''. SEC. 2. DISTRIBUTION AND TREATMENT OF CHILD SUPPORT COLLECTED BY THE STATE. (a) State Option to Pass All Child Support Collected Directly to the Family.-- (1) In general.--Section 457 of the Social Security Act (42 U.S.C. 657) is amended-- (A) in subsection (a), by striking ``(e) and (f)'' and inserting ``(e), (f), and (g)''; and (B) by adding at the end the following: ``(g) State Option to Pass Through All Support Collected to the Family.-- ``(1) In general.--At State option, subject to paragraph (2), and subsections (a)(4), (b), (e), (d), and (f), this section shall not apply to any amount collected on behalf of a family as support by the State and any amount so collected shall be distributed to the family. ``(2) Income protection requirement.--A State may not elect the option described in paragraph (1) unless the State ensures that any amount distributed to a family in accordance with that paragraph is not included in the income of the family for purposes of determining the eligibility of the family for, or the amount of, assistance under the State program funded under part A until the family has actually received the amount. ``(3) Option to pass through amounts collected pursuant to a continued assignment.--At State option, any amount collected pursuant to an assignment continued under subsection (b) may be distributed to the family in accordance with paragraph (1). ``(4) Release of obligation to pay federal share.--If a State that elects the option described in paragraph (1) also elects to disregard under section 408(a)(12)(B) at least 50 percent (determined, at the option of the State, in the aggregate or on a case-by-case basis) of the total amount annually collected and distributed to all families in accordance with paragraph (1) for purposes of determining the amount of assistance for such families under the State program funded under part A, the State is released from-- ``(A) calculating the Federal share of the amounts so distributed and disregarded; and ``(B) paying such share to the Federal Government.''. (2) Authority to claim passed through amount for purposes of tanf maintenance of effort requirements.--Section 409(a)(7)(B)(i)(I)(aa) of the Social Security Act (42 U.S.C. 609(a)(7)(B)(i)(I)(aa)) is amended by inserting ``, and, in the case of a State that elects under section 457(g) to distribute any amount so collected directly to the family, any amount so distributed (regardless of whether the State also disregards that amount under section 408(a)(12) in determining the eligibility of the family for, or the amount of, such assistance)'' before the period. (b) State Option to Disregard Child Support Collected for Purposes of Determining Eligibility for, or Amount of, TANF Assistance.--Section 408(a) of the Social Security Act (42 U.S.C. 608(a)) is amended by adding at the end the following: ``(12) State option to disregard child support in determining eligibility for, or amount of, assistance.-- ``(A) Option to disregard child support for purposes of determining eligibility.--A State to which a grant is made under section 403 may disregard any part of any amount received by a family as a result of a child support obligation in determining the family's income for purposes of determining the family's eligibility for assistance under the State program funded under this part. ``(B) Option to disregard child support in determining amount of assistance.--A State to which a grant is made under section 403 may disregard any part of any amount received by a family as a result of a child support obligation in determining the amount of assistance that the State will provide to the family under the State program funded under this part.''. (c) Maintenance of Effort Requirement.--Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (1) in paragraph (32), by striking ``and'' at the end; (2) in paragraph (33), by striking the period and inserting ``; and''; and (3) by adding at the end the following: ``(34) provide that, if the State elects to distribute support directly to a family in accordance with section 457(g), the State share of expenditures under this part for a fiscal year shall not be less than an amount equal to the highest amount of such share expended for fiscal year 1995, 1996, 1997, or 1998 (determined without regard to any amount expended that was eligible for payment under section 455(a)(3)).''. (d) Conforming Amendment.--Section 457(f) of the Social Security Act (42 U.S.C. 657(f)) is amended by striking ``Notwithstanding'' and inserting ``Amounts Collected On Behalf of Children in Foster Care.-- Notwithstanding''. (e) Effective Date.--The amendments made by this section take effect on October 1, 1999. <all>

usgpo

2024-06-24T03:06:02.570951

BILLS-106s1035is

Dental Health Access Expansion Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1035 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1035 To establish a program to provide grants to expand the availability of public health dentistry programs in medically underserved areas, health professional shortage areas, and other federally-defined areas that lack primary dental services. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Feingold (for himself and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To establish a program to provide grants to expand the availability of public health dentistry programs in medically underserved areas, health professional shortage areas, and other federally-defined areas that lack primary dental services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Dental Health Access Expansion Act''. SEC. 2. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--Part D of title III of the Public Health Service Act (42 U.S.C. 254b et seq.) is amended by adding at the end the following: ``Subpart IX--Primary Dental Programs ``SEC. 340F. GRANT PROGRAM TO EXPAND THE AVAILABILITY OF SERVICES. ``(a) In General.--The Secretary, acting through the Health Resources and Services Administration, shall establish a program under which the Secretary may award grants to eligible entities and eligible individuals to expand the availability of primary dental care services in dental health professional shortage areas. ``(b) Eligibility.-- ``(1) Entities.--To be eligible to receive a grant under this section an entity shall-- ``(A) be a health center receiving funds under section 330, or a county or local public health department, if such center or department is located in a federally-designated dental professional shortage area; ``(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and ``(C) provide an assurance that the entity will provide matching funds in accordance with subsection (d). ``(2) Individuals.--To be eligible to receive a grant under this section an individual shall-- ``(A) be a dentist licensed or certified in accordance with the laws of State in which such individual provides dental services; ``(B) prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require; and ``(C) provide assurances that-- ``(i) the individual will practice in a federally-designated dental professional shortage area; and ``(ii) not less than 25 percent of the patients of such individual are receiving assistance under a State plan under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.). ``(c) Use of Funds.-- ``(1) Entities.--An entity shall use amounts received under a grant under this section to provide for the increased availability of primary dental services in the areas described in subsection (a). Such amounts may be used to supplement the salaries offered for individuals accepting employment as dentists in such areas. ``(2) Individuals.--A grant to an individual under subsection (a) shall be in the form of a $1,000 bonus payment for each month in which such individual is in compliance with the eligibility requirements of subsection (b)(2)(C). ``(d) Matching Requirement.--An entity that receives a grant under this section shall contribute non-Federal funds to activities carried out under the grant in a total amount equal to at least 45 percent of the amount of the grant. ``(e) Authorization of Appropriations.-- ``(1) In general.--There is authorized to be appropriated to carry out this section, $5,000,000 for each of fiscal years 2000-2004. ``(2) Use of funds.--Of the amount appropriated for a fiscal year under paragraph (1), the Secretary shall use-- ``(A) not less than 60 percent of such amount to make grants to eligible entities; and ``(B) not more than 40 percent of such amount to make grants to eligible individuals.''. (b) Dental Health Professional Shortage Areas.--The Administrator of the Health Resources and Services Administration, in consultation with the Association of State and Territorial Dental Directors and other interested parties, shall design and implement procedures to simplify the process by which dental health professional shortage areas are designated. (c) Offset.--Section 2103(b) of the Omnibus Budget Reconciliation Act of 1990 (12 U.S.C. 1709 note) is repealed. <all>

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2024-06-24T03:06:02.678671

BILLS-106s1038is

Agricultural Bond Enhancement Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1038 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1038 To amend the Internal Revenue Code of 1986 to exempt small issue bonds for agriculture from the State volume cap. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Grassley (for himself, Mr. Kerrey, Mr. Conrad, and Mr. Daschle) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to exempt small issue bonds for agriculture from the State volume cap. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Agricultural Bond Enhancement Act''. SEC. 2. EXEMPTION OF AGRICULTURAL BONDS FROM STATE VOLUME CAP. (a) In General.--Section 146(g) of the Internal Revenue Code of 1986 (relating to exception for certain bonds) is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by inserting after paragraph (4) the following: ``(5) any qualified small issue bond described in section 144(a)(12)(B)(ii).''. (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of enactment of this Act. <all>

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2024-06-24T03:06:02.832506

BILLS-106s1039is

For the relief of Renato Rosetti.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1039 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1039 For the relief of Renato Rosetti. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Nickles introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Renato Rosetti. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENCE. Notwithstanding any other provision of law, for purposes of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), Renato Rosetti shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act upon payment of the required visa fee. SEC. 2. REDUCTION OF NUMBER OF AVAILABLE VISAS. Upon the granting of permanent residence to Renato Rosetti as provided in this Act, the Secretary of State shall instruct the proper officer to reduce by one number during the current fiscal year the total number of immigrant visas available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act (8 U.S.C. 1153(a)). <all>

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2024-06-24T03:06:02.857832

BILLS-106s1040is

Freedom and Fairness Restoration Act of 1997

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1040 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1040 To promote freedom, fairness, and economic opportunity for families by reducing the power and reach of the Federal establishment. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Shelby (for himself and Mr. Craig) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To promote freedom, fairness, and economic opportunity for families by reducing the power and reach of the Federal establishment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Freedom and Fairness Restoration Act of 1997''. (b) Table of Contents.-- Sec. 1. Short title; table of contents. TITLE I--TAX REDUCTION AND SIMPLIFICATION; SUPERMAJORITY REQUIRED FOR TAX CHANGES Subtitle A--Tax Reduction and Simplification Sec. 101. Individual income tax. Sec. 102. Tax on business activities. Sec. 103. Simplification of rules relating to qualified retirement plans. Sec. 104. Repeal of alternative minimum tax. Sec. 105. Repeal of credits. Sec. 106. Repeal of estate and gift taxes and obsolete income tax provisions. Sec. 107. Effective date. Subtitle B--Supermajority Required for Tax Changes Sec. 111. Supermajority required. TITLE II--SPENDING RESTRAINT AND BUDGET PROCESS REFORM Subtitle A--Balanced Budget by Fiscal Year 2002 Sec. 201. Maximum spending amounts. Sec. 202. Enforcing maximum spending sequestration. Sec. 203. Total spending point of order. Subtitle B--Zero Based Budgeting and Decennial Sunsetting Sec. 211. Reauthorization of discretionary programs and unearned entitlements. Sec. 212. Point of order. Sec. 213. Decennial sunsetting. TITLE I--TAX REDUCTION AND SIMPLIFICATION; SUPERMAJORITY REQUIRED FOR TAX CHANGES Subtitle A--Tax Reduction and Simplification SEC. 101. INDIVIDUAL INCOME TAX. (a) In General.--Section 1 of the Internal Revenue Code of 1986 is amended to read as follows: ``SECTION 1. TAX IMPOSED. ``There is hereby imposed on the taxable income of every individual a tax equal to 20 percent (17 percent in the case of taxable years beginning after December 31, 1998) of the taxable income of such individual for such taxable year.'' (b) Taxable Income.--Section 63 of such Code is amended to read as follows: ``SEC. 63. TAXABLE INCOME. ``(a) In General.--For purposes of this subtitle, 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 includable 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. ``(b) Standard Deduction.-- ``(1) In general.--For purposes of this subtitle, 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) $22,000 in the case of-- ``(i) a joint return, or ``(ii) a surviving spouse (as defined in section 2(a)), ``(B) $14,000 in the case of a head of household (as defined in section 2(b)), and ``(C) $11,000 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 $15,000 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. ``(c) Retirement Distributions.--For purposes of subsection (a), 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. ``(d) Income of Certain Children.--For purposes of this subtitle-- ``(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 section 1 with respect to such income and shall not be required to file a return for such taxable year. ``(e) Inflation Adjustment.-- ``(1) In general.--In the case of any taxable year beginning in a calendar year after 1997, each dollar amount contained in subsection (b) 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 1996. ``(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. ``(f) Marital Status.--For purposes of this section, marital status shall be determined under section 7703.'' SEC. 102. TAX ON BUSINESS ACTIVITIES. (a) In General.--Section 11 of the Internal Revenue Code of 1986 (relating to tax imposed on corporations) is amended to read as follows: ``SEC. 11. TAX IMPOSED ON BUSINESS ACTIVITIES. ``(a) Tax Imposed.--There is hereby imposed on every person engaged in a business activity a tax equal to 20 percent (17 percent in the case of taxable years beginning after December 31, 1998) of the business taxable income of such person. ``(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 Intermediation 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.'' ``(b) Tax on Tax-Exempt Entities Providing Noncash Compensation to Employees.--Section 4977 of such Code is amended to read as follows: ``SEC. 4977. TAX ON NONCASH COMPENSATION PROVIDED TO EMPLOYEES NOT ENGAGED IN BUSINESS ACTIVITY. ``(a) Imposition of Tax.--There is hereby imposed a tax equal to 20 percent (17 percent in the case of calender years beginning after December 31, 1998) 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, or any State or political subdivision of a State, or the District of Columbia.'' SEC. 103. SIMPLIFICATION OF RULES RELATING TO QUALIFIED RETIREMENT PLANS. (a) In General.--The following provisions of the Internal Revenue Code of 1986 are hereby repealed: (1) Nondiscrimination rules.-- (A) Paragraphs (4) and (5) of section 401(a) (relating to nondiscrimination requirements). (B) Sections 401(a)(10)(B) and 416 (relating to top heavy plans). (C) Section 401(a)(17) (relating to compensation limit). (D) Sections 401(a)(26) and 410(b) (relating to minimum participation and coverage requirements). (E) Paragraphs (3), (8), (11) and (12) of sections 401(k), and section 4979 (relating to actual deferral percentage). (F) Section 401(l) (relating to permitted disparity in plan contributions or benefits). (G) Section 401(m) (relating to nondiscrimination test for matching contributions and employee contributions). (H) Paragraphs (1)(D) and (12) of section 403(b) (relating to nondiscrimination requirements). (I) Paragraph (3) of section 408(k) and paragraph (6) (other than subparagraph (A)(i)) of such section (relating to simplified employee pensions). (2) Contribution limits.-- (A) Sections 401(a)(16), 403(b) (2) and (3), and 415 (relating to limitations on benefits and contributions under qualified plans). (B) Sections 401(a)(30) and 402(g) (relating to limitation on exclusion for elective deferrals). (C) Paragraphs (3) and (7) of section 404(a) (relating to percentage of compensation limits). (D) Section 404(l) (relating to limit on includable compensation). (3) Restriction on distributions.-- (A) Section 72(t) (relating to 10-percent additional tax on early distributions from qualified retirement plans). (B) Sections 401(a)(9), 403(b)(10), and 4974 (relating to minimum distribution rules). (C) Section 402(e)(4) (relating to net unrealized appreciation). (D) Section 4980A (relating to tax on excess distributions from qualified retirement plans). (4) Special requirements for plan benefiting self-employed individuals.--Subsections (a)(10)(A) and (d) of section 401. (5) Prohibition of tax-exempt organizations and governments from having qualified cash or deferred arrangements.--Section 401(k)(4)(B). (b) Employer Reversions of Excess Pension Assets Permitted Subject Only to Income Inclusion.-- (1) Repeal of tax on employer reversions.--Section 4980 of such Code is hereby repealed. (2) Employer reversions permitted without plan termination.--Section 420 of such Code is amended to read as follows: ``SEC. 420. TRANSFERS OF EXCESS PENSION ASSETS. ``(a) In General.--If there is a qualified transfer of any excess pension assets of a defined benefit plan (other than a multiemployer plan) to an employer-- ``(1) a trust which is part of such plan shall not be treated as failing to meet the requirements of section 401(a) or any other provision of law solely by reason of such transfer (or any other action authorized under this section), and ``(2) such transfer shall not be treated as a prohibited transaction for purposes of section 4975. The gross income of the employer shall include the amount of any qualified transfer made during the taxable year. ``(b) Qualified Transfer.--For purposes of this section-- ``(1) In general.--The term `qualified transfer' means a transfer-- ``(A) of excess pension assets of a defined benefit plan to the employer, and ``(B) with respect to which the vesting requirements of subsection (c) are met in connection with the plan. ``(2) Only 1 transfer per year.--No more than 1 transfer with respect to any plan during a taxable year may be treated as a qualified transfer for purposes of this section. ``(c) Vesting Requirements of Plans Transferring Assets.--The vesting requirements of this subsection are met if the plan provides that the accrued pension benefits of any participant or beneficiary under the plan become nonforfeitable in the same manner which would be required if the plan had terminated immediately before the qualified transfer (or in the case of a participant who separated during the 1- year period ending on the date of the transfer, immediately before such separation). ``(d) Definition and Special Rule.--For purposes of this section-- ``(1) Excess pension assets.--The term `excess pension assets' means the excess (if any) of-- ``(A) the amount determined under section 412(c)(7)(A)(ii), over ``(B) the greater of-- ``(i) the amount determined under section 412(c)(7)(A)(i), or ``(ii) 125 percent of current liability (as defined in section 412(c)(7)(B)). The determination under this paragraph shall be made as of the most recent valuation date of the plan preceding the qualified transfer. ``(2) Coordination with section 412.--In the case of a qualified transfer-- ``(A) any asset transferred in a plan year on or before the valuation date for such year (and any income allocable thereto) shall, for purposes of section 412, be treated as assets in the plan as of the valuation date for such year, and ``(B) the plan shall be treated as having a net experience loss under section 412(b)(2)(B)(iv) in an amount equal to the amount of such transfer and for which amortization charges begin for the first plan year after the plan year in which such transfer occurs, except that such section shall be applied to such amount by substituting `10 plan years' for `5 plan years'.'' ``SEC. 104. REPEAL OF ALTERNATIVE MINIMUM TAX. Part VI of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. SEC. 105. REPEAL OF CREDITS. Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. SEC. 106. REPEAL OF ESTATE AND GIFT TAXES AND OBSOLETE INCOME TAX PROVISIONS. (a) Repeal of Estate and Gift Taxes.-- (1) In general.--Subtitle B of the Internal Revenue Code of 1986 is hereby repealed. (2) Effective date.--The repeal made by paragraph (1) shall apply to the estates of decedents dying, and gifts and generation-skipping transfers made, after December 31, 1996. (b) Repeal of Obsolete Income Tax Provisions.-- (1) In general.--Except as provided in paragraph (2), chapter 1 of the Internal Revenue Code of 1986 is hereby repealed. (2) Exceptions.--Paragraph (1) shall not apply to-- (A) sections 1, 11, and 63 of such Code, as amended by this Act, (B) those provisions of chapter 1 of such Code which are necessary for determining whether or not-- (i) retirement distributions are includible in the gross income of employees, or (ii) an organization is exempt from tax under such chapter, and (C) subchapter D of such chapter 1 (relating to deferred compensation). SEC. 107. EFFECTIVE DATE. Except as otherwise provided in this subtitle, the amendments made by this subtitle shall apply to taxable years beginning after December 31, 1996. Subtitle B--Supermajority Required for Tax Changes SEC. 111. SUPERMAJORITY REQUIRED. (a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that-- (1) increases any Federal income tax rate, (2) creates any additional Federal income tax rate, (3) reduces the standard deduction, or (4) provides any exclusion, deduction, credit or other benefit which results in a reduction in Federal revenues. (b) Waiver or Suspension.--This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. TITLE II--SPENDING RESTRAINT AND BUDGET PROCESS REFORM Subtitle A--Balanced Budget by Fiscal Year 2002 SEC. 201. MAXIMUM SPENDING AMOUNTS. Section 601(a)(1) of the Congressional Budget Act of 1974 is amended to read as follows: ``(1) Maximum spending amount.--The term `maximum spending amount' means-- ``(A) with respect to fiscal year 1998, $1,653,000,000,000 in outlays; ``(B) with respect to fiscal year 1999, $1,687,000,000,000 in outlays; ``(C) with respect to fiscal year 2000, $1,748,000,000,000 in outlays; ``(D) with respect to fiscal year 2001, $1,799,000,000,000 in outlays; and ``(E) with respect to fiscal year 2002, $1,851,000,000,000 in outlays.''. SEC. 202. ENFORCING MAXIMUM SPENDING SEQUESTRATION. (a) Sequestration.--Section 253(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``(a) Sequestration.--Within 15 days after Congress adjourns to end a session (other than the One Hundred Third Congress), and on the same day as sequestration (if any) under sections 251 and 252, but after any sequestration required by those sections, there shall be a sequestration (if necessary) to reduce total Federal spending to the maximum permissible level as set forth in section 601(a)(1) of the Congressional Budget Act of 1974.''. (b) Conforming Amendment to Heading.--The section heading of section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended to read as follows: ``SEC. 253. ENFORCING MAXIMUM SPENDING LIMITS.''. (c) Additional Conforming Amendments.--Section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by repealing subsections (b), (g), and (h), and by redesignating subsections (c), (d), (e), and (f), as subsections (b), (c), (d), and (e), respectively; (2) in subsection (b) (as redesignated), by amending the first sentence to read as follows: ``To reduce total Federal spending to the maximum permissible level for a budget year, 20 percent of the required outlay reductions shall be obtained from non-exempt defense accounts (accounts designated as function 050 in the President's fiscal year 1998 budget submission) and 80 percent from non-exempt, non-defense accounts (all other non-exempt accounts).''; (3) in subsection (c) (as redesignated), by striking ``subsection (c)'' and inserting ``subsection (b)''; and (4) in subsection (e) (as redesignated), by striking ``(b), (c), (d), and (e)'' and inserting ``(b), (c), and (d)'' and by striking ``(d) or (e)'' and inserting ``(c) or ``(d)''. (d) Look-Back Sequester.--Section 253 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended by adding at the end the following new subsection: ``(f) Look-Back Sequester.-- ``(1) In general.--On July 1 of each fiscal year, the Director of OMB shall determine if laws effective during the current fiscal year will cause spending to exceed the maximum spending amount for such fiscal year. If the limit is exceeded, there shall be a preliminary sequester on July 1 to eliminate the excess. ``(2) Permanent sequester.--Budget authority sequestered on July 1 pursuant to paragraph (1) shall be permanently canceled on July 15. ``(3) No margin.--The margin for determining a sequester under this subsection shall be zero. ``(4) Sequestration procedures.--The provision of subsections (b), (c), and (d) of this section shall apply to a sequester under this subsection.''. (e) Reports.--Section 254 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) by striking subsection (c); (2) in subsection (d)(1), by striking ``deficit sequestration'' and inserting ``total spending sequestration''; (3) in subsection (d) by repealing paragraph (4) and inserting the following new paragraph: ``(4) Total spending sequestration reports.--The preview reports shall set forth for the budget year estimates for each of the following: ``(A) The amount of reductions required from defense accounts and the reductions required from non- defense accounts. ``(B) The sequestration percentage necessary to achieve the required reduction in defense accounts under section 253(c). ``(C) The reductions required under sections 253(d)(1) and 253(d)(2). ``(D) The sequestration percentage necessary to achieve the required reduction in non-defense accounts under section 253(d)(3).''; and (4) in subsection (g)(3), by striking ``Deficit'' and inserting ``Total Spending'' in the side heading and in the first sentence by striking ``deficit'' and inserting ``total spending''. (f) Conforming Amendment to Table of Contents.--The item relating to section 253 is amended by striking ``Enforcing deficit targets'' and inserting ``Enforcing maximum spending limits''. SEC. 203. TOTAL SPENDING POINT OF ORDER. Section 605(b) of the Congressional Budget Act of 1974 is amended to read as follows: ``(b) Total Spending Point of Order.-- ``(1) In general.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment thereto, or conference report thereon, that includes any provision that would result in total spending for a fiscal year that exceeds the maximum permissible total spending amount for such fiscal year as set forth in section 601(a)(1). ``(2) Waiver of suspension.--This subsection may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of its Members, duly chosen and sworn.''. Subtitle B--Zero Based Budgeting and Decennial Sunsetting SEC. 211. REAUTHORIZATION OF DISCRETIONARY PROGRAMS AND UNEARNED ENTITLEMENTS. (a) Fiscal Year 1998.--Effective October 1, 1997, spending authority for each unearned entitlement and high-cost discretionary spending program is terminated unless such spending authority is reauthorized after the date of enactment of this Act. (b) Fiscal Year 1999.--Effective October 1, 1998, spending authority for each discretionary spending program (not including high- cost discretionary spending programs) is terminated unless such spending authority is reauthorized after the date of enactment of this Act. (c) Definitions.--For purposes of this subtitle-- (1) the term ``unearned entitlement'' means an entitlement not earned by service or paid for in total or in part by assessments or contributions such as Social Security, veterans' benefits, retirement programs, and medicare; and (2) the term ``high-cost discretionary program'' means the most expensive one-third of discretionary program within each budget function account. SEC. 212. POINT OF ORDER. (a) In General.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, or conference report that includes any provision that appropriates funds unless such appropriation has been previously authorized by law. (b) Waiver or Suspension.--This section may be waived or suspended in the House of Representatives or the Senate only by the affirmative vote of three-fifths of the Members, duly chosen and sworn. SEC. 213. DECENNIAL SUNSETTING. (a) First Decennial Census Year.--Effective on the first day of the fiscal year beginning in the first decennial census year after the year 2001 and each 10 years thereafter, the spending authority described in section 211(a) is terminated unless such spending authority is reauthorized after the last date the spending authority was required to be reauthorized under this subtitle. (b) Second Decennial Census Year.--Effective on the first day of the fiscal year beginning in the year after the first decennial census year after the year 2001 and each 10 years thereafter, the spending authority described in section 211(b) is terminated unless such spending authority is reauthorized after the last date the spending authority was required to be reauthorized under this subtitle. <all>

usgpo

2024-06-24T03:06:02.972029

BILLS-106s1041is

GI Education Opportunity Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1041 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1041 To amend title 38, United States Code, to permit certain members of the Armed Forces not currently participating in the Montgomery GI Bill educational assistance program to participate in that program, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Frist introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to permit certain members of the Armed Forces not currently participating in the Montgomery GI Bill educational assistance program to participate in that program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``GI Education Opportunity Act of 1999''. SEC. 2. PARTICIPATION OF ADDITIONAL MEMBERS OF THE ARMED FORCES IN MONTGOMERY GI BILL PROGRAM. (a) Participation Authorized.--(1) Subchapter II of chapter 30 of title 38, United States Code, is amended by inserting after section 3018C the following new section: ``Sec. 3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled ``(a) Notwithstanding any other provision of law, an individual who-- ``(1) either-- ``(A) is a participant on the date of the enactment of this section in the educational benefits program provided by chapter 32 of this title; or ``(B) has made an election under section 3011(c)(1) or 3012(d)(1) of this title not to receive educational assistance under this chapter and has not withdrawn that election under section 3018(a) of this title as of such date; ``(2) is serving on active duty (excluding periods referred to in section 3202(1)(C) of this title in the case of an individual described in paragraph (1)(A)) on such date; ``(3) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed the equivalent of 12 semester hours in a program of education leading to a standard college degree; ``(4) if discharged or released from active duty after the date on which the individual makes the election described in paragraph (5), is discharged with an honorable discharge or released with service characterized as honorable by the Secretary concerned; and ``(5) during the one-year period beginning on the date of the enactment of this section, makes an irrevocable election to receive benefits under this section in lieu of benefits under chapter 32 of this title or withdraws the election made under section 3011(c)(1) or 3012(d)(1) of this title, as the case may be, pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Transportation shall provide for such purpose with respect to the Coast Guard when it is not operating as a service in the Navy; is entitled to basic educational assistance under this chapter. ``(b)(1) Except as provided in paragraphs (2) and (3), in the case of an individual who makes an election under subsection (a)(5) to become entitled to basic education assistance under this chapter-- ``(A) the basic pay of the individual shall be reduced (in a manner determined by the Secretary of Defense) until the total amount by which such basic pay is reduced is $1,200; or ``(B) to the extent that basic pay is not so reduced before the individual's discharge or release from active duty as specified in subsection (a)(4), the Secretary shall collect from the individual an amount equal to the difference between $1,200 and the total amount of reductions under subparagraph (A), which shall be paid into the Treasury of the United States as miscellaneous receipts. ``(2) In the case of an individual previously enrolled in the educational benefits program provided by chapter 32 of this title, the Secretary shall reduce the total amount of the reduction in basic pay otherwise required by paragraph (1) by an amount equal to so much of the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account under section 3222(a) of this title as do not exceed $1,200. ``(3) An individual may at any time pay the Secretary an amount equal to the difference between the total of the reductions otherwise required with respect to the individual under this subsection and the total amount of the reductions with respect to the individual under this subsection at the time of the payment. Amounts paid under this paragraph shall be paid into the Treasury of the United States as miscellaneous receipts. ``(c)(1) Except as provided in paragraph (3), an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(5) shall be disenrolled from the program as of the date of such election. ``(2) For each individual who is disenrolled from such program, the Secretary shall refund-- ``(A) to the individual in the manner provided in section 3223(b) of this title so much of the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account as are not used to reduce the amount of the reduction in the individual's basic pay under subsection (b)(2); and ``(B) to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual. ``(3) Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to section 3222(c) of this title on behalf of an individual referred to in paragraph (1) shall remain in such account to make payments of benefits to the individual under section 3015(f) of this title. ``(d) The procedures provided in regulations referred to in subsection (a) shall provide for notice of the requirements of subparagraphs (B), (C), and (D) of section 3011(a)(3) of this title. Receipt of such notice shall be acknowledged in writing.''. (2) The table of sections at the beginning of chapter 30 of that title is amended by inserting after the item relating to section 3018C the following new item: ``3018D. Opportunity to enroll: certain VEAP participants; active duty personnel not previously enrolled.''. (b) Conforming Amendment.--Section 3015(f) of that title is amended by striking ``or 3018C'' and inserting ``3018C, or 3018D''. (c) Sense of Congress.--It is the sense of Congress that any law enacted after the date of the enactment of this Act which includes provisions terminating or reducing the contributions of members of the Armed Forces for basic educational assistance under subchapter II of chapter 30 of title 38, United States Code, should terminate or reduce by an identical amount the contributions of members of the Armed Forces for such assistance under section of section 3018D of that title, as added by subsection (a). <all>

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2024-06-24T03:06:03.011221

BILLS-106s1037is

To amend the Toxic Substances Control Act to provide for a gradual reduction in the use of methyl tertiary butyl ether, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1037 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1037 To amend the Toxic Substances Control Act to provide for a gradual reduction in the use of methyl tertiary butyl ether, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mrs. Boxer introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend the Toxic Substances Control Act to provide for a gradual reduction in the use of methyl tertiary butyl ether, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. USE OF METHYL TERTIARY BUTYL ETHER. Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is amended by adding at the end the following: ``(f) Use of Methyl Tertiary Butyl Ether.-- ``(1) Prohibition on use in specified nonattainment areas.--Effective beginning January 1, 2000, a person shall not use methyl tertiary butyl ether in an area of the United States that is not a specified nonattainment area that is required to meet the oxygen content requirement for reformulated gasoline established under section 211(k) of the Clean Air Act (42 U.S.C. 7545(k)). ``(2) Prohibition on use in areas of leakage.--If the Administrator finds that methyl tertiary butyl ether is leaking into ground water or surface water in an area, the Administrator may immediately prohibit the use of methyl tertiary butyl ether in the area. ``(3) Upgrading of underground storage tanks.--In enforcing the requirement that underground storage tanks be upgraded in accordance with section 280.21 of title 40, Code of Federal Regulations, the Administrator shall focus enforcement of the requirement on areas described in paragraph (2). ``(4) Use of methyl tertiary butyl ether in gasoline.-- ``(A) Interim period.-- ``(i) Phased reduction.-- ``(I) In general.--The Administrator shall promulgate regulations to require-- ``(aa) by January 1, 2001, a \1/3\ reduction in the quantity of methyl tertiary butyl ether that may be used in gasoline; and ``(bb) by January 1, 2002, a \2/3\ reduction in the quantity of methyl tertiary butyl ether that may be used in gasoline. ``(II) Basis for reductions.-- Reductions under subclause (I) shall be based on the quantity of methyl tertiary butyl ether in use in gasoline in the United States as of the date of enactment of this subsection. ``(ii) Labeling.--During the period beginning on the date of enactment of this subsection and ending December 31, 2002, the Administrator shall require any person selling gasoline that contains methyl tertiary butyl ether at retail to prominently label the fuel dispensing system for the gasoline with a notice that the gasoline contains methyl tertiary butyl ether. ``(B) Prohibition.--Effective beginning January 1, 2003, a person shall not use methyl tertiary butyl ether in gasoline.''. SEC. 2. STUDY OF EFFECTS OF FUEL COMPONENTS. Not later than July 31, 2000, the Administrator of the Environmental Protection Agency shall-- (1) conduct a study of the behavior, toxicity, carcinogenicity, health effects, and biodegradability, in air and water, of ethanol, olefins, aromatics, benzene, and alkylate; and (2) report the results of the study to Congress. <all>

usgpo

2024-06-24T03:06:03.019562

BILLS-106s1043is

Internet Regulatory Freedom Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1043 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1043 To provide freedom from regulation by the Federal Communications Commission for the Internet. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. McCain introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To provide freedom from regulation by the Federal Communications Commission for the Internet. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Internet Regulatory Freedom Act of 1999''. SEC. 2. PURPOSE. The purpose of this Act is to eliminate unnecessary regulation that impedes making advanced Internet service available to all Americans at affordable prices. SEC. 3. PROVISION OF INTERNET SERVICES. Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end thereof the following: ``SEC. 231. PROVISION OF INTERNET SERVICES. ``(a) Policy.--Since Internet services are inherently interstate in nature, it is the policy of the United States to assure that all Americans have the opportunity to benefit from access to advanced Internet services at affordable rates by eliminating regulation that impedes the competitive deployment of advanced broadband data networks. ``(b) Freedom From Regulation; Limitation on Commission's Authority.--Notwithstanding any other provision, including section 271, of this Act, nothing in this Act applies to, or grants authority to Commission with respect to-- ``(1) the imposition of wholesale discount obligations on bulk offerings of advanced services to providers of Internet services or telecommunications carriers under section 251(c)(4), or the duty to provide as network elements, under section 251(c)(3), the facilities and equipment used exclusively to provide Internet services; ``(2) technical standards or specifications for the provision of Internet services; or ``(3) the provision of Internet services. ``(c) Internet Services Defined.--In this section, the term `Internet services' means services, other than voice-only telecommunication services, that consist of, or include-- ``(1) the transmission of writing, signs, signals, pictures, or sounds by means of the Internet or any other network that includes Internet protocol-based or other packet- switched or equivalent technology, including the facilities and equipment exclusively used to provide those services; and ``(2) the transmission of data between a user and the Internet or such other network. ``(d) ISP Not a Provider of Intrastate Communication Service.--A provider of Internet services may not be considered to be a carrier providing intrastate communication service described in section 2(b)(1) because it provides Internet services.''. <all>

usgpo

2024-06-24T03:06:03.052299

BILLS-106s1045is

Structured Settlement Protection Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1045 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1045 To amend the Internal Revenue Code of 1986 to impose an excise tax on persons who acquire structured settlement payments in factoring transactions, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Chafee (for himself, Mr. Baucus, Mr. Grassley, Mr. Rockefeller, Mr. Breaux, Mr. Kerrey, and Mr. Robb) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to impose an excise tax on persons who acquire structured settlement payments in factoring transactions, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Structured Settlement Protection Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment 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 provision of the Internal Revenue Code of 1986. SEC. 2. IMPOSITION OF EXCISE TAX ON PERSONS WHO ACQUIRE STRUCTURED SETTLEMENT PAYMENTS IN FACTORING TRANSACTIONS. Subtitle E is amended by adding at the end the following new chapter: ``CHAPTER 55--STRUCTURED SETTLEMENT FACTORING TRANSACTIONS ``Sec. 5891. Structured settlement factoring transactions. ``SEC. 5891. STRUCTURED SETTLEMENT FACTORING TRANSACTIONS. ``(a) Imposition of Tax.--There is hereby imposed on any person who acquires directly or indirectly structured settlement payment rights in a structured settlement factoring transaction a tax equal to 50 percent of the factoring discount as determined under subsection (c)(4) with respect to such factoring transaction. ``(b) Exception for Court-Approved Hardship.--The tax under subsection (a) shall not apply in the case of a structured settlement factoring transaction in which the transfer of structured settlement payment rights is-- ``(1) otherwise permissible under applicable law, and ``(2) undertaken pursuant to the order of the relevant court or administrative authority finding that the extraordinary, unanticipated, and imminent needs of the structured settlement recipient or the recipient's spouse or dependents render such a transfer appropriate. ``(c) Definitions.--For purposes of this section-- ``(1) Structured settlement.--The term `structured settlement' means an arrangement-- ``(A) established by-- ``(i) suit or agreement for the periodic payment of damages excludable from the gross income of the recipient under section 104(a)(2), or ``(ii) agreement for the periodic payment of compensation under any workers' compensation act that is excludable from the gross income of the recipient under section 104(a)(1), and ``(B) where the periodic payments are-- ``(i) of the character described in subparagraphs (A) and (B) of section 130(c)(2), and ``(ii) payable by a person who is a party to the suit or agreement or to the workers' compensation claim or by a person who has assumed the liability for such periodic payments under a qualified assignment in accordance with section 130. ``(2) Structured settlement payment rights.--The term `structured settlement payment rights' means rights to receive payments under a structured settlement. ``(3) Structured settlement factoring transaction.--The term `structured settlement factoring transaction' means a transfer of structured settlement payment rights (including portions of structured settlement payments) made for consideration by means of sale, assignment, pledge, or other form of encumbrance or alienation for consideration. ``(4) Factoring discount.--The term `factoring discount' means an amount equal to the excess of-- ``(A) the aggregate undiscounted amount of structured settlement payments being acquired in the structured settlement factoring transaction, over ``(B) the total amount actually paid by the acquirer to the person from whom such structured settlement payments are acquired. ``(5) Relevant court or administrative authority.--The term `relevant court or administrative authority' means-- ``(A) the court (or where applicable, the administrative authority) which had jurisdiction over the underlying action or proceeding that was resolved by means of the structured settlement, or ``(B) in the event that no action or proceeding was brought, a court (or where applicable, the administrative authority) which-- ``(i) would have had jurisdiction over the claim that is the subject of the structured settlement, or ``(ii) has jurisdiction by reason of the residence of the structured settlement recipient. ``(d) Coordination With Other Provisions.-- ``(1) In general.--In any case where the applicable requirements of sections 72, 130, and 461(h) were satisfied at the time the structured settlement was entered into, the subsequent occurrence of a structured settlement factoring transaction shall not affect the application of the provisions of such sections to the parties to the structured settlement (including an assignee under a qualified assignment under section 130) in any taxable year. ``(2) Regulations.--The Secretary is authorized to prescribe such regulations as may be necessary to clarify the treatment in the event of a structured settlement factoring transaction of amounts received by the structured settlement recipient.'' SEC. 3. TAX INFORMATION REPORTING OBLIGATIONS. Subpart B of part III of subchapter A of chapter 61 is amended by adding at the end the following new section: ``SEC. 6050T. REPORTING REQUIREMENTS REGARDING STRUCTURED SETTLEMENT FACTORING TRANSACTIONS. ``(a) In General.--In the case of a transfer of structured settlement payment rights in a structured settlement factoring transaction-- ``(1) described in section 5891(b) and of which the person making the structured settlement payments has actual notice and knowledge, such person shall make such return and furnish such written statement to the acquirer of the structured settlement payment rights as would be applicable under the provisions of section 6041 (except as provided in subsection (c) of this section), or ``(2) subject to tax under section 5891(a) and of which the person making the structured settlement payments has actual notice and knowledge, such person shall make such return and furnish such written statement to the acquirer of the structured settlement payment rights at such time, and in such manner and form, as the Secretary shall by regulations prescribe. ``(b) Coordination With Other Provisions.--The provisions of this section shall apply in lieu of any other provisions of this part to establish the reporting obligations of the person making the structured settlement payments in the event of a structured settlement factoring transaction. The provisions of section 3405 regarding withholding shall not apply to the person making the structured settlement payments in the event of a structured settlement factoring transaction. ``(c) Definition.--For purposes of this section, the term `acquirer of the structured settlement payment rights' shall include any person described in section 7701(a)(1).'' SEC. 4. EFFECTIVE DATE. The amendments made by this Act shall be effective with respect to structured settlement factoring transactions (as defined in section 5891(c)(3) of the Internal Revenue Code of 1986, as added by this Act) occurring after the date of enactment of this Act. <all>

usgpo

2024-06-24T03:06:03.268319

BILLS-106s1042is

Domestic Energy Production Security and Stabilization Act.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1042 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1042 To amend the Internal Revenue Code of 1986 to encourage domestic oil and gas production, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mrs. Hutchison (for herself, Mr. Breaux, Mr. Domenici, Mr. Bingaman, Mr. Lott, Ms. Landrieu, Mr. Cochran, Mr. Thomas, Mr. Brownback, and Mr. Gramm) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to encourage domestic oil and gas production, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Domestic Energy Production Security and Stabilization Act.'' (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment 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 provision of the Internal Revenue Code of 1986. (c) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; amendment of 1986 Code; table of contents. Sec. 2. Tax credit for marginal domestic oil and natural gas well production. Sec. 3. Phase-out of certain minimum tax preferences relating to energy production. Sec. 4. Depreciation adjustment not to apply to oil and gas assets. Sec. 5. Repeal certain adjustments based on adjusted current earnings relating to oil and gas assets. Sec. 6. Enhanced oil recovery credit and credit for producing fuel from a nonconventional source allowed against minimum tax. Sec. 7. 10-year carryback for percentage depletion for oil and gas property. Sec. 8. Net income limitation on percentage depletion repealed for oil and gas properties. Sec. 9. Election to expense geological and geophysical expenditures and delay rental payments. Sec. 10. Waiver of limitations. SEC. 2. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL PRODUCTION. (a) Purpose.--The purpose of this section is to prevent the abandonment of marginal oil and gas wells responsible for half of the domestic production of oil and gas in the United States. (b) Credit for Producing Oil and Gas From Marginal Wells.--Subpart D of part IV of subchapter A of chapter 1 (relating to business credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. ``(a) General Rule.--For purposes of section 38, the marginal well production credit for any taxable year is an amount equal to the product of-- ``(1) the credit amount, and ``(2) the qualified crude oil production and the qualified natural gas production which is attributable to the taxpayer. ``(b) Credit Amount.--For purposes of this section-- ``(1) In general.--The credit amount is-- ``(A) $3 per barrel of qualified crude oil production, and ``(B) 50 cents per 1,000 cubic feet of qualified natural gas production. ``(2) Reduction as oil and gas prices increase.-- ``(A) In general.--The $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(i) the excess (if any) of the applicable reference price over $14 ($1.56 for qualified natural gas production), bears to ``(ii) $3 ($0.33 for qualified natural gas production). The applicable reference price for a taxable year is the reference price for the calendar year preceding the calendar year in which the taxable year begins. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2000, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(b)(3)(B) by substituting `1999' for `1990'). ``(C) Reference price.--For purposes of this paragraph, the term `reference price' means, with respect to any calendar year-- ``(i) in the case of qualified crude oil production, the reference price determined under section 29(d)(2)(C), and ``(ii) in the case of qualified natural gas production, the Secretary's estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas. ``(c) Qualified Crude Oil and Natural Gas Production.--For purposes of this section-- ``(1) In general.--The terms `qualified crude oil production' and `qualified natural gas production' mean domestic crude oil or natural gas which is produced from a marginal well. ``(2) Limitation on amount of production which may qualify.-- ``(A) In general.--Crude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds 1,095 barrels or barrel equivalents. ``(B) Proportionate reductions.-- ``(i) Short taxable years.--In the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in such taxable year bears to 365. ``(ii) Wells not in production entire year.--In the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year. ``(3) Definitions.-- ``(A) Marginal well.--The term `marginal well' means a domestic well-- ``(i) the production from which during the taxable year is treated as marginal production under section 613A(c)(6), or ``(ii) which, during the taxable year-- ``(I) has average daily production of not more than 25 barrel equivalents, and ``(II) produces water at a rate not less than 95 percent of total well effluent. ``(B) Crude oil, etc.--The terms `crude oil', `natural gas', `domestic', and `barrel' have the meanings given such terms by section 613A(e). ``(C) Barrel equivalent.--The term `barrel equivalent' means, with respect to natural gas, a conversion ratio of 6,000 cubic feet of natural gas to 1 barrel of crude oil. ``(d) Other Rules.-- ``(1) Production attributable to the taxpayer.--In the case of a marginal well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer's revenue interest in the production bears to the aggregate of the revenue interests of all operating interest owners in the production. ``(2) Operating interest required.--Any credit under this section may be claimed only on production which is attributable to the holder of an operating interest. ``(3) Production from nonconventional sources excluded.--In the case of production from a marginal well which is eligible for the credit allowed under section 29 for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim the credit under section 29 with respect to the well.'' ``(c) Credit Treated as Business Credit.--Section 38(b) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the marginal oil and gas well production credit determined under section 45D(a).'' (d) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for marginal oil and gas well production credit.-- ``(A) In general.--In the case of the marginal oil and gas well production credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the marginal oil and gas well production credit). ``(B) Marginal oil and gas well production credit.--For purposes of this subsection, the term `marginal oil and gas well production credit' means the credit allowable under subsection (a) by reason of section 45D(a).'' (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) is amended by inserting ``or the marginal oil and gas well production credit'' after ``employment credit''. (e) Carryback.--Subsection (a) of section 39 (relating to carryback and carryforward of unused credits generally) is amended by adding at the end the following new paragraph: ``(3) 10-year carryback for marginal oil and gas well production credit.--In the case of the marginal oil and gas well production credit-- ``(A) this section shall be applied separately from the business credit (other than the marginal oil and gas well production credit), ``(B) paragraph (1) shall be applied by substituting `10 taxable years' for `1 taxable years' in subparagraph (A) thereof, and ``(C) paragraph (2) shall be applied-- ``(i) by substituting `31 taxable years' for `21 taxable years' in subparagraph (A) thereof, and ``(ii) by substituting `30 taxable years' for `20 taxable years' in subparagraph (B) thereof.'' (f) Coordination With Section 29.--Section 29(a) is amended by striking ``There'' and inserting ``At the election of the taxpayer, there''. (g) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 is amended by adding at the end the following item: ``Sec. 45D. Credit for producing oil and gas from marginal wells.'' (h) Effective Date.--The amendments made by this section shall apply to production in taxable years beginning after December 31, 1998. SEC. 3. PHASE-OUT OF CERTAIN MINIMUM TAX PREFERENCES RELATING TO ENERGY PRODUCTION. (a) Energy Preferences for Integrated Oil Companies.--Section 56 (relating to alternative minimum taxable income) is amended by adding at the end the following new subsection: ``(h) Adjustment Based on Energy Preference.-- ``(1) In general.--In computing the alternative minimum taxable income of any taxpayer for any taxable year beginning after 1998, there shall be allowed as a deduction an amount equal to the alternative tax energy preference deduction. ``(2) Phase-out of deduction as oil prices increases.--The amount of the deduction under paragraph (1) (determined without regard to this paragraph) shall be reduced (but not below zero) by the amount which bears the same ratio to such amount as-- ``(A) the amount by which the reference price for the calendar year preceding the calendar year in which the taxable year begins exceeds $14, bears to ``(B) $3. For purposes of this paragraph, the reference price for any calendar year shall be determined under section 29(d)(2)(C), and, in the case of any taxable year beginning in a calendar year after 2000, the $14 amount under subparagraph (A) shall be adjusted at the same time and in the same manner as under section 43(b)(3) by substituting `1999' for `1990'. ``(3) Alternative tax energy preference deduction.--For purposes of paragraph (1), the term `alternative tax energy preference deduction' means an amount equal to the sum of-- ``(A) the intangible drilling cost preference, and ``(B) the depletion preference. ``(4) Intangible drilling cost preference.--For purposes of this subsection, the term `intangible drilling cost preference' means the amount by which alternative minimum taxable income would be reduced if it were computed without regard to section 57(a)(2). ``(5) Depletion preference.--For purposes of this subsection, the term `depletion preference' means the amount by which alternative minimum taxable income would be reduced if it were computed without regard to section 57(a)(1). ``(6) Alternative minimum taxable income.--For purposes of paragraphs (1), (4), and (5), alternative minimum taxable income shall be determined without regard to the deduction allowable under this subsection and the alternative tax net operating loss deduction under subsection (a)(4). ``(7) Regulations.--The Secretary may by regulation provide for appropriate adjustments in computing alternative minimum taxable income or adjusted current earnings for any taxable year following a taxable year for which a deduction was allowed under this subsection to ensure that no double benefit is allowed by reason of such deduction.'' (b) Repeal of Limit on Reduction for Independent Producers.-- Subparagraphs (E) of section 57(a)(2) (relating to exception for independent producers) is amended to read as follows: ``(E) Exception for independent producers.--In the case of any oil or gas well, this paragraph shall not apply to any taxpayer which is not an integrated oil company (as defined in section 291(b)(4)).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 4. DEPRECIATION ADJUSTMENT NOT TO APPLY TO OIL AND GAS ASSETS. (a) In General.--Subparagraph (B) of section 56(a)(1) (relating to depreciation adjustments) is amended to read as follows: ``(B) Exceptions.--This paragraph shall not apply to-- ``(i) property described in paragraph (1), (2), (3), or (4) of section 168(f), or ``(ii) property used in the active conduct of the trade or business of exploring for, extracting, developing, or gathering crude oil or natural gas.'' (b) Effective Date.--The amendment made by this section shall apply to property placed in service in taxable years beginning after December 31, 1998. SEC. 5. REPEAL CERTAIN ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS RELATING TO OIL AND GAS ASSETS. (a) Intangible Drilling Costs.--Clause (i) of section 56(g)(4)(D) is amended by striking the second sentence and inserting ``In the case of any oil or gas well, this clause shall not apply in the case of amounts paid or incurred in taxable years beginning after December 31, 1998.'' (b) Depletion.--Clause (ii) of section 56(g)(4)(F) is amended to read as follows: ``(ii) Exception for oil and gas wells.--In the case of any taxable year beginning after December 31, 1998, clause (i) (and subparagraph (C)(i)) shall not apply to any deduction for depletion computed in accordance with section 613A.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 6. ENHANCED OIL RECOVERY CREDIT AND CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE ALLOWED AGAINST MINIMUM TAX. (a) Enhanced Oil Recovery Credit Allowed Against Regular and Minimum Tax.-- (1) Allowing credit against minimum tax.--Subsection (c) of section 38 (relating to limitation based on amount of tax), as amended by section 2(d), is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules for enhanced oil recovery credit.-- ``(A) In general.--In the case of the enhanced oil recovery credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the enhanced oil recovery credit). ``(B) Enhanced oil recovery credit.--For purposes of this subsection, the term `enhanced oil recovery credit' means the credit allowable under subsection (a) by reason of section 43(a).'' (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii), as amended by section 2(d), is amended by striking ``or the marginal oil and gas well production credit'' and inserting ``, the marginal oil and gas well production credit, or the enhanced oil recovery credit''. (B) Subclause (II) of section 38(c)(3)(A)(ii), as added by section 2(d), is amended by inserting ``or the enhanced oil recovery credit'' after ``recovery credit''. (b) Credit for Producing Fuel From a Non-conventional Source.-- (1) Allowing credit against minimum tax.--Section 29(b)(6) is amended to read as follows: ``(6) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed-- ``(A) the regular tax for the taxable year and the tax imposed by section 55, reduced by ``(B) the sum of the credits allowable under subpart A and section 27.'' (2) Conforming amendments.-- (A) Section 53(d)(1)(B)(iii) is amended by inserting ``as in effect on the date of the enactment of the Domestic Energy Production Security and Stabilization Act,'' after ``29(b)(6)(B),''. (B) Section 55(c)(2) is amended by striking ``29(b)(6),''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 7. 10-YEAR CARRYBACK FOR PERCENTAGE DEPLETION FOR OIL AND GAS PROPERTY. (a) In General.--Subsection (d)(1) of section 613A (relating to limitations on percentage depletion in case of oil and gas wells) is amended to read as follows: ``(1) Limitation based on taxable income.-- ``(A) In general.--The deduction for the taxable year attributable to the application of subsection (c) shall not exceed so much of the taxpayer's taxable income for the year as the taxpayer elects computed without regard to-- ``(i) any depletion on production from an oil or gas property which is subject to the provisions of subsection (c), ``(ii) any net operating loss carryback to the taxable year under section 172, ``(iii) any capital loss carryback to the taxable year under section 1212, and ``(iv) in the case of a trust, any distributions to its beneficiary, except in the case of any trust where any beneficiary of such trust is a member of the family (as defined in section 267(c)(4)) of a settlor who created inter vivos and testamentary trusts for members of the family and such settlor died within the last six days of the fifth month in 1970, and the law in the jurisdiction in which such trust was created requires all or a portion of the gross or net proceeds of any royalty or other interest in oil, gas, or other mineral representing any percentage depletion allowance to be allocated to the principal of the trust. ``(B) Carrybacks and carryforwards.-- ``(i) In general.--If an amount is disallowed as a deduction for the taxable year (in this subparagraph referred to as the `unused depletion year') by reason of application of subparagraph (A), the disallowed amount shall be treated as an amount allowable as a deduction under subsection (c) for-- ``(I) any of the 10 taxable years preceding the unused depletion year, and ``(II) the taxable year following the unused depletion year, subject to the application of subparagraph (A) to such taxable year. ``(ii) Election to waive carryback.--Any taxpayer entitled to a carryback period under this subparagraph may elect to relinquish such carryback for any of the taxable years to which it would apply. Such election made in any taxable year may be revised in the succeeding taxable year in such manner as the Secretary may prescribe. ``(C) Allocation of disallowed amounts.--For purposes of basis adjustments and determining whether cost depletion exceeds percentage depletion with respect to the production from a property, any amount disallowed as a deduction on the application of this paragraph shall be allocated to the respective properties from which the oil or gas was produced in proportion to the percentage depletion otherwise allowable to such properties under subsection (c).'' (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1998, and to any taxable year beginning on or before such date to the extent necessary to apply section 613A(d)(1) of the Internal Revenue Code of 1986 (as added by subsection (a)). SEC. 8. NET INCOME LIMITATION ON PERCENTAGE DEPLETION REPEALED FOR OIL AND GAS PROPERTIES. (a) In General.--Section 613(a) (relating to percentage depletion) is amended by striking the second sentence and inserting: ``Except in the case of oil and gas properties, such allowance shall not exceed 50 percent of the taxpayer's taxable income from the property (computed without allowances for depletion).'' (b) Conforming Amendments.-- (1) Section 613A(c)(7) (relating to special rules) is amended by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (2) Section 613A(c)(6) (relating to oil and natural gas produced from marginal properties) is amended by striking subparagraph (H). (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 9. ELECTION TO EXPENSE GEOLOGICAL AND GEOPHYSICAL EXPENDITURES AND DELAY RENTAL PAYMENTS. (a) Purpose.--The purpose of this section is to recognize that geological and geophysical expenditures and delay rentals are ordinary and necessary business expenses that should be deducted in the year the expense is incurred. (b) Election To Expense Geological and Geophysical Expenditures.-- (1) In general.--Section 263 (relating to capital expenditures) is amended by adding at the end the following new subsection: ``(j) Geological and Geophysical Expenditures for Oil and Gas Wells.--Notwithstanding subsection (a), a taxpayer may elect to treat geological and geophysical expenses incurred in connection with the exploration for, or development of, oil or gas as expenses which are not chargeable to capital account. Any expenses so treated shall be allowed as a deduction in the taxable year in which paid or incurred.'' (2) Conforming amendment.--Section 263A(c)(3) is amended by inserting ``263(j),'' after ``263(i),''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to expenses paid or incurred after the date of the enactment of this Act. (B) Transition rule.--In the case of any expenses described in section 263(j) of the Internal Revenue Code of 1986, as added by this subsection, which were paid or incurred on or before the date of the enactment of this Act, the taxpayer may elect, at such time and in such manner as the Secretary of the Treasury may prescribe, to amortize the suspended portion of such expenses over the 36-month period beginning with the month in which the date of the enactment of this Act occurs. For purposes of this subparagraph, the suspended portion of any expense is that portion of such expense which, as of the first day of the 36-month period, has not been included in the cost of a property or otherwise deducted. (c) Election To Expense Delay Rental Payments.-- (1) In general.--Section 263 (relating to capital expenditures), as amended by subsection (b)(1), is amended by adding at the end the following new subsection: ``(k) Delay Rental Payments for Domestic Oil and Gas Wells.-- ``(1) In general.--Notwithstanding subsection (a), a taxpayer may elect to treat delay rental payments incurred in connection with the development of oil or gas within the United States (as defined in section 638) as payments which are not chargeable to capital account. Any payments so treated shall be allowed as a deduction in the taxable year in which paid or incurred. ``(2) Delay rental payments.--For purposes of paragraph (1), the term `delay rental payment' means an amount paid for the privilege of deferring the drilling of an oil or gas well under an oil or gas lease.'' (2) Conforming amendment.--Section 263A(c)(3), as amended by subsection (b)(2), is amended by inserting ``263(k),'' after ``263(j),''. (3) Effective date.-- (A) In general.--The amendments made by this subsection shall apply to payments made or incurred after the date of the enactment of this Act. (B) Transition rule.--In the case of any payments described in section 263(k) of the Internal Revenue Code of 1986, as added by this subsection, which were made or incurred on or before the date of the enactment of this Act, the taxpayer may elect, at such time and in such manner as the Secretary of the Treasury may prescribe, to amortize the suspended portion of such payments over the 36-month period beginning with the month in which the date of the enactment of this Act occurs. For purposes of this subparagraph, the suspended portion of any payment is that portion of such payment which, as of the first day of the 36-month period, has not been included in the cost of a property or otherwise deducted. SEC. 10. WAIVER OF LIMITATIONS. If refund or credit of any overpayment of tax resulting from the application of the amendments made by this Act is prevented at any time before the close of the 1-year period beginning on the date of the enactment of this Act by the operation of any law or rule of law (including res judicata), such refund or credit may nevertheless be made or allowed if claim therefor is filed before the close of such period. <all>

usgpo

2024-06-24T03:06:03.295973

BILLS-106s1046is

Wrap Around Services for Detained or Incarcerated Youth Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1046 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1046 To amend title V of the Public Health Service Act to revise and extend certain programs under the authority of the Substance Abuse and Mental Health Service Administration, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To amend title V of the Public Health Service Act to revise and extend certain programs under the authority of the Substance Abuse and Mental Health Service Administration, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Wrap Around Services for Detained or Incarcerated Youth Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Four million underage youth are arrested in the United States every year and 30 percent of those arrested are likely to relapse and commit a crime within 1 year of the arrest. (2) According to a Federal study, 60 percent of youth offenders in the juvenile justice system who are in detention programs have behavioral, mental, or emotional problems. (3) Over 60 percent of youth offenders in facilities in the juvenile justice system have substance abuse disorders. (4) Academic studies repeatedly find that there is a higher percentage of youth offenders in the juvenile justice system who have mental disorders than in the youth population at large. (5) Less than 13 percent of youth offenders in the juvenile justice system who have been identified as in need of treatment receive such treatment. SEC. 3. WRAP AROUND GRANTS FOR YOUTH. Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the end the following: ``SEC. 520C. WRAP AROUND GRANTS FOR YOUTH. ``(a) In General.--The Secretary, acting through the Director of the Center for Mental Health Services, and in consultation with the Director of the Center for Substance Abuse Treatment, the Administrator of the Office of Juvenile Justice and Delinquency Prevention, and the Director of the Special Education Programs, shall award grants on a competitive basis to State or local juvenile justice agencies to enable such agencies to provide aftercare services for youth offenders who have been discharged from facilities in the juvenile or criminal justice system and have serious emotional disturbances or are at risk of developing such disturbances. ``(b) Purpose.--The purposes of this section are-- ``(1) to address the needs of youth offenders who have been discharged from the juvenile or criminal justice system and have serious emotional disturbances or are at risk of developing such disturbances; ``(2) to provide a community-based system of care for such youth offenders to prevent the youth from committing additional or more serious criminal offenses; ``(3) to provide services for youth offenders after such youth have been detained or incarcerated in facilities within the juvenile or criminal justice system to decrease the likelihood that the individuals will reoffend; ``(4) to enable State and local agencies that provide services for youth to work together with juvenile justice agencies to establish a plan for each youth offender to reduce the likelihood of recidivism; and ``(5) to encourage involvement of the youth offender's family members, significant persons in the youth offender's life, and community agencies in the process of helping youth offenders resist criminal activity and remain in the community. ``(c) Use of Funds.--A State or local juvenile justice agency receiving a grant under subsection (a) shall use the amounts provided under the grant-- ``(1) to develop a plan describing the manner in which the agency will provide services for each youth offender who has a serious emotional disturbance and has come in contact with the juvenile or criminal justice system; ``(2) to provide a network of core or aftercare services or access to such services for each youth offender, including diagnostic and evaluation services, substance abuse treatment services, outpatient mental health care services, medication management services, intensive home-based therapy, intensive day treatment services, respite care, and therapeutic foster care; ``(3) to establish a program that coordinates with other State and local agencies providing recreational, social, educational, vocational, or operational services for youth, to enable the agency receiving a grant under this section to provide community-based system of care services for each youth offender that addresses the special needs of the youth and helps the youth access all of the aforementioned services; and ``(4) using not more than 20 percent of funds received, to provide planning and transition services as described in paragraph (3) for youth offenders while such youth are incarcerated or detained. ``(d) Application.--A State or local juvenile justice agency that desires a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. ``(e) Report.--Not later than 1 year after the date of enactment of this section and annually thereafter, a State or local juvenile justice agency receiving a grant under subsection (a) shall submit to the Secretary a report describing the programs carried out pursuant to this section. ``(f) Definitions.--In this section: ``(1) Serious emotional disturbance.--The term `serious emotional disturbance' with respect to a youth offender means an offender who currently, or at any time within the 1-year period ending on the day on which services are sought under this section, has a diagnosable mental, behavioral, or emotional disorder that functionally impairs the offender's life by substantially limiting the offender's role in family, school, or community activities, and interfering with the offender's ability to achieve or maintain 1 or more developmentally-appropriate social, behavior, cognitive, communicative, or adaptive skills. ``(2) Community-based system of care.--The term `community- based system of care' means the provision of services for the youth offender by various State or local agencies that in an interagency fashion or operating as a network addresses the recreational, social, educational, vocational, mental health, substance abuse, and operational needs of the youth offender. ``(3) Youth offender.--The term `youth offender' means an individual who is 21 years of age or younger who has been discharged from a State or local juvenile or criminal justice system, except that if the individual is between the ages of 18 and 21 years, such individual has had contact with the State or local juvenile or criminal justice system prior to attaining 18 years of age and is under the jurisdiction of such a system at the time services are sought. ``(g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $40,000,000 for each of the fiscal years 2000 through 2004. <all>

usgpo

2024-06-24T03:06:03.373504

BILLS-106s1044is

Eliminate Colorectal Cancer Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1044 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1044 To require coverage for colorectal cancer screenings. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions _______________________________________________________________________ A BILL To require coverage for colorectal cancer screenings. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Eliminate Colorectal Cancer Act of 1999''. (b) Findings.--The Congress finds the following: (1) Colorectal cancer is the second leading cause of cancer deaths in the United States for men and women combined. (2) It is estimated that in 1999, 129,400 new cases of colorectal cancer will be diagnosed in men and women in the United States. (3) Colorectal cancer is expected to kill 56,600 individuals in the United States in 1999. (4) Research has shown that a high-fiber, low-fat diet can significantly reduce the risk of developing colorectal cancer. (5) The adoption of a healthy diet at a young age can significantly reduce the risk of developing colorectal cancer. (6) Appropriate screenings and regular tests, can save large numbers of lives by leading to earlier identification of colorectal cancer. (7) The Centers for Disease Control and Prevention, the Health Care Financing Administration, and the National Cancer Institute have initiated the Screen for Life Campaign targeted to individuals age 50 and older to spread the message of the importance of colorectal cancer screening tests. (8) Education helps to inform the public of symptoms for the early detection of colorectal cancer and methods of prevention. SEC. 2. COVERAGE FOR COLORECTAL CANCER SCREENING. (a) Group Health Plans.-- (1) Public health service act amendments.-- (A) In general.--Subpart 2 of part A of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is amended by adding at the end the following new section: ``SEC. 2707. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening at regular intervals to-- ``(A) any participant or beneficiary over the age of 50; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer, or who may have symptoms or circumstances that indicate a need for colorectal cancer screening. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Method of screening.--The group health plan or health insurance issuer shall cover the method and frequency of colorectal cancer screening deemed appropriate by a health care provider treating such participant or beneficiary, in consultation with the participant or beneficiary. Such coverage shall include the procedures in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) and section 4104(a)(2) of the Balanced Budget Act of 1997. ``(b) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan. ``(c) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--This section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to participants and beneficiaries than the protections provided under this section.''. (B) Technical amendment.--Section 2723(c) of the Public Health Service Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (2) ERISA amendments.-- (A) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end the following new section: ``SEC. 714. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) Coverage for Colorectal Cancer Screening.-- ``(1) In general.--A group health plan, and a health insurance issuer offering group health insurance coverage, shall provide coverage for colorectal cancer screening at regular intervals to-- ``(A) any participant or beneficiary over the age of 50; and ``(B) any participant or beneficiary under the age of 50 who is at a high risk for colorectal cancer, or who may have symptoms or circumstances that indicate a need for colorectal cancer screening. ``(2) Definition of high risk.--For purposes of subsection (a)(1)(B), the term `high risk for colorectal cancer' has the meaning given such term in section 1861(pp)(2) of the Social Security Act (42 U.S.C. 1395x(pp)(2)). ``(3) Method of screening.--The group health plan or health insurance issuer shall cover the method and frequency of colorectal cancer screening deemed appropriate by a health care provider treating such participant or beneficiary, in consultation with the participant or beneficiary. Such coverage shall include the procedures in section 1861(pp)(1) of the Social Security Act (42 U.S.C. 1395x(pp)(1)) and section 4104(a)(2) of the Balanced Budget Act of 1997. ``(b) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the third to last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (B) Technical and conforming amendments.-- (i) Section 731(c) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (ii) Section 732(a) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (iii) The table of contents in section 1 of the Employee Retirement Income Security Act of 1974 is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Coverage for colorectal cancer screening.''. (b) Individual Health Insurance.-- (1) In general.--Part B of title XXVII of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is amended by inserting after section 2752 the following new section: ``SEC. 2753. COVERAGE FOR COLORECTAL CANCER SCREENING. ``(a) In General.--The provisions of section 2707(a) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Technical amendment.--Section 2762(b)(2) of the Public Health Service Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans.-- (A) In general.--Subject to subparagraph (B), the amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 2001. (B) Collective bargaining agreements.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made by subsection (a) shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) January 1, 2001. For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (2) Individual health insurance.--The amendments made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after January 1, 2001. (d) Coordinated Regulations.--The Secretary of Labor and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which both Secretaries have responsibility under the provisions of this section (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. SEC. 3. SENSE OF THE CONGRESS. It is the sense of the Congress that-- (1) all Americans should be educated about the risks, prevention, screening, and treatment of colorectal cancer; (2) the Centers for Disease Control and Prevention and the Department of Health and Human Services should be commended for launching a coordinated education campaign on colorectal cancer in March of 1999; and (3) the Centers for Disease Control and Prevention and the Department of Health and Human Services should track the impact of the coordinated education campaign on colorectal cancer and make information on its progress available to Members of Congress. <all>

usgpo

2024-06-24T03:06:03.525485

BILLS-106s1048is

Comprehensive Electricity Competition Tax Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1048 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1048 To provide for a more competitive electric power industry, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Murkowski (for himself and Mr. Bingaman) (by request) introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To provide for a more competitive electric power industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Electricity Competition Tax Act''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE Sec. 101. Treatment of bonds issued to finance electric output facilities. Sec. 102. Nuclear decommissioning costs. Sec. 103. Depreciation treatment of distributed power property. Sec. 104. Tax credit for combined heat and power system property. TITLE I--AMENDMENTS TO INTERNAL REVENUE CODE SEC. 101. TREATMENT OF BONDS ISSUED TO FINANCE ELECTRIC OUTPUT FACILITIES. (a) In General.--Section 141 of the Internal Revenue Code of 1986 (relating to private activity bond; qualified bond) is amended by redesignating subsection (e) as subsection (f) and inserting after subsection (d) the following new subsection: ``(e) Bonds for Electric Output Facilities.-- ``(1) Bonds issued before enactment of comprehensive electricity competition act.-- ``(A) In general.--The determination of whether any pre-effective date electric output facility bond is a private activity bond (or an industrial development bond under the Internal Revenue Code of 1954) shall be made without regard to any permissible competitive actions taken by the issuer. ``(B) Pre-effective date electric output facility bond.--For purposes of subparagraph (A), the term `pre- effective date electric output facility bond' means any bond issued as part of an issue if-- ``(i) such bond was issued before the date of the enactment of the Comprehensive Electricity Competition Act, ``(ii) any portion of the proceeds of such issue was used with respect to an electric output facility, and ``(iii) the bond was not, as of such date of enactment, a private activity bond (or an industrial development bond under the Internal Revenue Code of 1954). ``(C) Permissible competitive actions.--For purposes of subparagraph (A), the term `permissible competitive actions' means any action taken by the issuer on or after the date of the enactment of the Comprehensive Electricity Competition Act regarding-- ``(i) transmission property owned by the issuer if the issuer is subject to an order of the Federal Energy Regulatory Commission requiring nondiscriminatory, open access to transmission facilities in a manner consistent with rules promulgated by the Commission under sections 205 and 206 of the Federal Power Act (as in effect on the date of the enactment of the Comprehensive Electricity Competition Act), or ``(ii) generation property or distribution property owned by the issuer if the issuer-- ``(I) implements retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978, or ``(II) enters into a contract for the sale of electricity or use of its distribution property which will not become effective prior to the date that the issuer implements retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978. ``(2) Bond issued on or after enactment of comprehensive electricity competition act.-- ``(A) In general.--For purposes of this title, the term `private activity bond' includes any bond issued as part of an issue any of the proceeds of which are to be used (directly on indirectly) for electric output facilities other than distribution property. ``(B) Distribution property.--For purposes of subparagraph (A), the term `distribution property' means any output facility, including functionally related and subordinate property, that operates at 69 kilovolts or less.''. (b) Effective Date.-- (1) In general.--Except as otherwise provided in this subsection, the amendment made by this section shall apply to obligations issued on or after the date of the enactment of this Act. (2) Treatment of pre-effective date bonds.--Section 141(e)(1) of the Internal Revenue Code of 1986, as added by this section, shall take effect on the date of enactment of this Act. (3) Refunding bonds.-- (A) In general.--For purposes of this subsection and the amendment made by this section, section 141(e)(2) of the Internal Revenue Code of 1986, as added by this section, shall not apply to any qualified refunding bond. (B) Qualified refunding bond.--For purposes of subparagraph (A), the term ``qualified refunding bond'' means any bond (or a bond that is part of a series of refundings) issued to refund a pre-effective date electric output facility bond if-- (i) the weighted average maturity of the issue of which the refunding bond is a part does not exceed 120 percent of the average reasonably expected economic life of the facilities being financed with the net proceeds of such issue (determined under section 147(b) of such Code), (ii) the amount of the refunding bond does not exceed the outstanding amount of the refunded bond, and (iii) the net proceeds of the refunding bond are used to redeem the refunded bond not later than 90 days after the date of issuance of the refunding bond. SEC. 102. NUCLEAR DECOMMISSIONING COSTS. (a) In General.--Subsection (b) of section 468A of the Internal Revenue Code of 1986 is amended to read as follows: ``(b) Limitation on Amount Paid Into Fund.--The amount which a taxpayer may pay into the Fund for any taxable year shall not exceed the ruling amount applicable to such taxable year.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 103. DEPRECIATION TREATMENT OF DISTRIBUTED POWER PROPERTY. (a) In General.--Section 168(e)(3)(E) of the Internal Revenue Code (classifying certain property as 15-year property) is amended by striking ``and'' at the end of clause (ii), striking the period at the end of clause (iii) and inserting ``, and'', and by adding the following new clause: ``(iv) any distributed power property.''. (b) Conforming Amendments.--(1) Section 168(i) is amended by adding at the end following new paragraph: ``(15) Distributed power property.--The term `distributed power property' means property-- ``(A) which is used in the generation of electricity for primary use-- ``(i) in nonresidential real or residential rental property used in the taxpayer's trade or business, or ``(ii) in the taxpayer's industrial manufacturing process or plant activity, with a rated total capacity in excess of 500 kilowatts, ``(B) which also may produce usable thermal energy or mechanical power for use in a heating or cooling application, as long as at least 40 percent of the total useful energy produced consists of-- ``(i) with respect to assets described in subparagraph (A)(i), electrical power (whether sold or used by the taxpayer), or ``(ii) with respect to assets described in subparagraph (A)(ii), electrical power (whether sold or used by the taxpayer) and thermal or mechanical energy used in the taxpayer's industrial manufacturing process or plant activity, ``(C) which is not used to transport primary fuel to the generating facility or to distribute energy within or outside of the facility, and ``(D) where it is reasonably expected that not more than 50 percent of the produced electricity will be sold to, or used by, unrelated persons. For purposes of subparagraph (B), energy output is determined on the basis of expected annual output levels, measured in British thermal units (Btu), using standard conversion factors established by the Secretary.''. (2) Subparagraph (B) of section 168(g)(3) is amended by inserting after the item relating to subparagraph (E)(iii) in the table contained therein the following new line: ``(E)(iv) 22''. (c) Effective Date.--The amendments made by this section are effective for property placed in service on or after the date of enactment. SEC. 104. TAX CREDIT FOR COMBINED HEAT AND POWER SYSTEM PROPERTY. (a) In General.--Subpart E of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 48 the following new section: ``SEC. 48A. ENERGY CREDIT. ``(a) In General.--For purposes of section 46, the energy credit for any taxable year is the amount equal to the energy percentage of the basis of each energy property placed in service during such taxable year. ``(b) Energy Percentage.-- ``(1) In general.--Except as otherwise provided in this subsection, the energy percentage is 10 percent. ``(2) Combined heat and power property.--The energy percentage is 8 percent in the case of combined heat and power property. ``(3) Period for which credit is allowed for combined heat and power property.--In the case of combined heat and power property, the credit under subsection (a) shall be allowed only for the period beginning on January 1, 2000 and ending on December 31, 2002. ``(4) Coordination with rehabilitation.--The energy percentage does not apply to that portion of the basis of any property which is attributable to qualified rehabilitation expenditures. ``(5) Transition rules.--Rules similar to the rule of section 48(m) (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this subsection. ``(c) Energy Property Defined.-- ``(1) In general.--For purposes of this subpart, the term `energy property' means any property-- ``(A) which is-- ``(i) solar energy property, ``(ii) geothermal energy property, or ``(iii) combined heat and power system property, ``(B)(i) the construction, reconstruction, or erection of which is completed by the taxpayer, or ``(ii) which is acquired by the taxpayer if the original use of such property commences with the taxpayer, ``(C) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and ``(D) which meets-- ``(i) the performance and quality standards (if any), and the certification requirements (if any), which have been prescribed by the Secretary by regulations (after consultation with the Secretary of Energy or the EPA Administrator, as appropriate), and ``(ii) are in effect at the time the property is placed in service. ``(2) Exception.--Such term shall not include any property which is public utility property (as defined in section 46(f)(5) as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). The preceding sentence shall not apply to combined heat and power system property. ``(d) Definitions Relating to Types of Energy Property.--For purposes of this section-- ``(1) Solar energy property.--The term `solar energy property' means equipment which uses solar energy-- ``(A) to generate electricity, ``(B) to heat or cool (or provide hot water for use in) a structure, or ``(C) to provide solar process heat. ``(2) Geothermal energy property.--The term `geothermal energy property' means equipment used to produce, distribute, or use energy derived from a geothermal deposit (within the meaning of section 613(e)(2)), but only, in the case of electricity generated by geothermal power, up to (but not including) the electrical transmission stage. ``(3) Combined heat and power system property.-- ``(A) In general.--The term `combined heat and power system property' means property comprising a system-- ``(i) which uses the same energy source for the simultaneous or sequential generation of electrical power, mechanical shaft power, or both, in combination with the generation of steam or other forms of useful thermal energy (including heating and cooling applications), ``(ii) which has an electrical capacity of more than 50 kilowatts or a mechanical energy capacity of more than 67 horsepower or an equivalent combination of electrical and mechanical energy capacities, ``(iii) which produces-- ``(I) at least 20 percent of its total useful energy in the form of thermal energy, and ``(II) at least 20 percent of its total energy in the form of electrical or mechanical power (or a combination thereof), and ``(iv) the energy efficiency percentage of which exceeds 60 percent (70 percent in the case of a system with an electrical capacity in excess of 50 megawatts or a mechanical energy capacity in excess of 67,000 horsepower (or a combination thereof)). ``(B) Special rules.-- ``(i) Energy efficiency percentage.--For purposes of subparagraph (A)(iv), the energy efficiency percentage of a system is the fraction-- ``(I) the numerator of which is the total useful electrical, thermal, and mechanical power produced by the system at normal operating rates, and ``(II) the denominator of which is the lower heating value of the primary fuel source for the system. ``(ii) Determinations made on btu basis.-- The energy efficiency percentage and the percentages under subparagraph (A)(iii) shall be determined on a Btu basis. ``(iii) Input and output property not included.--The term `combined heat and power system property' does not include property used to transport the energy source to the facility or to distribute energy produced by the facility. ``(iv) Accounting rule for public utility property.--In the case that combined heat and power system property is public utility property (as defined in section 46(f)(5) as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990), the taxpayer may claim the credit under subsection (a)(1) only if, with respect to such property, the taxpayer uses a normalization method of accounting. ``(v) Depreciation.--No credit shall be allowed for any combined heat and power system property unless the taxpayer elects to treat such property for purposes of section 168 as having a class life of not less than 22 years. ``(e) Special Rules.--For purposes of this section-- ``(1) Special rule for property financed by subsidized energy financing or industrial development bonds.-- ``(A) Reduction of basis.--For purposes of applying the energy percentage to any property, if such property is financed in whole or in part by-- ``(i) subsidized energy financing, or ``(ii) the proceeds of a private activity bond (within the meaning of section 141) the interest on which is exempt from tax under section 103, the amount taken into account as the basis of such property shall not exceed the amount which (but for this subparagraph) would be so taken into account multiplied by the fraction determined under subparagraph (B). ``(B) Determination of fraction.--For purposes of subparagraph (A), the fraction determined under this subparagraph is 1 reduced by a fraction-- ``(i) the numerator of which is that portion of the basis of the property which is allocable to such financing or proceeds, and ``(ii) the denominator of which is the basis of the property. ``(C) Subsidized energy financing.--For purposes of subparagraph (A), the term `subsidized energy financing' means financing provided under a Federal, State, or local program a principal purpose of which is to provide subsidized financing for projects designed to conserve or produce energy. ``(2) Certain progress expenditure rules made applicable.-- Rules similar to the rules of subsections (c)(4) and (d) of section 46 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990) shall apply for purposes of this section.''. (b) Conforming Amendments.-- (1) Section 48 of such Code is amended to read as follows: ``SEC. 48. REFORESTATION CREDIT. ``(a) In General.--For purposes of section 46, the reforestation credit for any taxable year is 10 percent of the portion of the amortizable basis of any qualified timber property which was acquired during such taxable year and which is taken into account under section 194 (after the application of section 194(b)(1)). ``(b) Definitions.--For purposes of this subpart, the terms `amortizable basis' and `qualified timber property' have the respective meanings given to such terms by section 194.''. (2) Subsection (d) of section 39 of such Code is amended by adding at the end the following new paragraph: ``(9) No carryback of energy credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the energy credit determined under section 48A, except for the credit determined with respect to solar energy property and geothermal energy property, may be carried back to a taxable year ending before the date of the enactment of section 48A.''. (3) Paragraph (3) of section 50(c) of such Code is amended by adding at the end the following flush sentence: ``In the case of the energy credit, the preceding sentence shall apply only to so much of such credit as relates to solar energy property and geothermal property (as such terms are defined in section 48A(e)).''. (4) Subclause (III) of section 29(b)(3)(A)(i) of such Code is amended by striking ``section 48(a)(4)(C)'' and inserting ``section 48A(g)(1)(C)''. (5) Subparagraph (E) of section 50(a)(2) of such Code is amended by striking ``section 48(a)(5)'' and inserting ``section 48A(g)(2)''. (6) Subparagraph (B) of section 168(e)(3) of such Code is amended-- (A) in clause (vi)(I) by striking ``section 48(a)(3)'' and inserting ``paragraphs (1) and (2) of section 48A(d)'', and (B) in the last sentence by striking ``section 48(a)(3)'' and inserting ``section 48A(c)(2)''. (7) Subparagraph (E) of section 168(e)(3) of such Code, as amended by section 803(a), is further amended by striking ``and'' at the end of clause (iii), by striking the period at the end of clause (iv) and inserting ``, and'', and by inserting after clause (iv) the following new clause: ``(v) any combined heat and power system property (as defined in section 48A(d)(4)) for which a credit is allowed under section 48A and which, but for this clause, would have a recovery period of less than 15 years.''. (8) The table contained in subparagraph (B) of section 168(g)(3) of such Code, as amended by section 803(b)(2), is further amended by adding at the end the following: ``(E)(v) 22''. (c) Clerical Amendment.--The table of sections for subpart E of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 48 and inserting the following new items: ``Sec. 48. Reforestation credit. ``Sec. 48A. Energy credit.''. (d) Effective Date.--The amendments made by this section shall apply to periods after December 31, 1999, under rules similar to the rules of section 48(m) of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of the Revenue Reconciliation Act of 1990). <all>

usgpo

2024-06-24T03:06:03.533231

BILLS-106s1050is

Energy Security Tax Policy Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1050 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1050 To amend the Internal Revenue Code of 1986 to provide incentives for gas and oil producers, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Murkowski introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to provide incentives for gas and oil producers, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Energy Security Tax Policy Act of 1999''. SEC. 2. ELIMINATION OF CERTAIN AMT PREFERENCES FOR OIL AND GAS ASSETS. (a) Depletion.--Section 57(a)(1) of the Internal Revenue Code of 1986 (relating to depletion) is amended by striking the second sentence and inserting the following: ``This paragraph shall not apply to any deduction for depletion computed in accordance with section 613A.'' (b) Intangible Drilling Costs.--Section 57(a)(2)(E) of the Internal Revenue Code of 1986 (relating to exception for independent producers) is amended to read as follows: ``(E) Termination of application to oil and gas properties.--In the case of any taxable year beginning after December 31, 1998, this paragraph shall not apply in the case of any oil or gas property.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. DEPRECIATION ADJUSTMENT NOT TO APPLY TO OIL AND GAS ASSETS. (a) In General.--Subparagraph (B) of section 56(a)(1) of the Internal Revenue Code of 1986 (relating to depreciation adjustments) is amended to read as follows: ``(B) Exceptions.--This paragraph shall not apply to-- ``(i) property described in paragraph (1), (2), (3), or (4) of section 168(f), or ``(ii) property used in the active conduct of the trade or business of exploring for, extracting, developing, or gathering crude oil or natural gas.'' (b) Depreciation Adjustment for Purposes of Adjusted Current Earnings.--Paragraph (4)(A) of section 56(g) of such Code (relating to adjustments based on adjusted current earnings) is amended by adding at the end the following new clause: ``(vi) Oil and gas property.--In the case of property used in the active conduct of the trade or business of exploring for, extracting, developing, or gathering crude oil or natural gas, the amount allowable as depreciation or amortization with respect to such property shall be determined in the same manner as for purposes of computing the regular tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 4. REPEAL CERTAIN ADJUSTMENTS BASED ON ADJUSTED CURRENT EARNINGS RELATING TO OIL AND GAS ASSETS. (a) Intangible Drilling Costs.--Clause (i) of section 56(g)(4)(D) of the Internal Revenue Code of 1986 (relating to certain other earnings and profits adjustments) is amended by striking the second sentence and inserting the following: ``In the case of any oil or gas well, this clause shall not apply to amounts paid or incurred in taxable years beginning after December 31, 1998.'' (b) Depletion.--Clause (ii) of section 56(g)(4)(F) of the Internal Revenue Code of 1986 (relating to depletion) is amended to read as follows: ``(ii) Exception for oil and gas wells.--In the case of any taxable year beginning after December 31, 1998, clause (i) (and subparagraph (C)(i)) shall not apply to any deduction for depletion computed in accordance with section 613A.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 5. ENHANCED OIL RECOVERY CREDIT AND CREDIT FOR PRODUCING FUEL FROM A NONCONVENTIONAL SOURCE ALLOWED AGAINST MINIMUM TAX. (a) Enhanced Oil Recovery Credit Allowed Against Regular and Minimum Tax.-- (1) Allowing credit against minimum tax.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax) is amended by redesignating paragraph (3) as paragraph (4) and by inserting after paragraph (2) the following new paragraph: ``(3) Special rules for enhanced oil recovery credit.-- ``(A) In general.--In the case of the enhanced oil recovery credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the enhanced oil recovery credit). ``(B) Enhanced oil recovery credit.--For purposes of this subsection, the term `enhanced oil recovery credit' means the credit allowable under subsection (a) by reason of section 43(a).''. (2) Conforming amendment.--Subclause (II) of section 38(c)(2)(A)(ii) of such Code is amended by inserting ``or the enhanced oil recovery credit'' after ``employment credit''. (b) Credit for Producing Fuel From a Nonconventional Source.-- (1) Allowing credit against minimum tax.--Section 29(b)(6) of the Internal Revenue Code of 1986 is amended to read as follows: ``(6) Application with other credits.--The credit allowed by subsection (a) for any taxable year shall not exceed-- ``(A) the regular tax for the taxable year and the tax imposed by section 55, reduced by ``(B) the sum of the credits allowable under subpart A and section 27.'' (2) Conforming amendments.-- (A) Section 53(d)(1)(B)(iii) of such Code is amended by inserting ``as in effect on the date of the enactment of the Energy Security Tax Policy Act of 1999,'' after ``29(b)(6)(B),''. (B) Section 55(c)(2) of such Code is amended by striking ``29(b)(6),''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 6. TAX CREDIT FOR MARGINAL DOMESTIC OIL AND NATURAL GAS WELL PRODUCTION. (a) Credit for Producing Oil and Gas From Marginal Wells.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business credits) is amended by adding at the end the following new section: ``SEC. 45D. CREDIT FOR PRODUCING OIL AND GAS FROM MARGINAL WELLS. ``(a) General Rule.--For purposes of section 38, the marginal well production credit for any taxable year is an amount equal to the product of-- ``(1) the credit amount, and ``(2) the qualified crude oil production and the qualified natural gas production which is attributable to the taxpayer. ``(b) Credit Amount.--For purposes of this section-- ``(1) In general.--The credit amount is-- ``(A) $3 per barrel of qualified crude oil production, and ``(B) 50 cents per 1,000 cubic feet of qualified natural gas production. ``(2) Reduction as oil and gas prices increase.-- ``(A) In general.--The $3 and 50 cents amounts under paragraph (1) shall each be reduced (but not below zero) by an amount which bears the same ratio to such amount (determined without regard to this paragraph) as-- ``(i) the excess (if any) of the applicable reference price over $14 ($1.56 for qualified natural gas production), bears to ``(ii) $3 ($0.33 for qualified natural gas production). The applicable reference price for a taxable year is the reference price for the calendar year preceding the calendar year in which the taxable year begins. ``(B) Inflation adjustment.--In the case of any taxable year beginning in a calendar year after 2000, each of the dollar amounts contained in subparagraph (A) shall be increased to an amount equal to such dollar amount multiplied by the inflation adjustment factor for such calendar year (determined under section 43(b)(3)(B) by substituting `1999' for `1990'). ``(C) Reference price.--For purposes of this paragraph, the term `reference price' means, with respect to any calendar year-- ``(i) in the case of qualified crude oil production, the reference price determined under section 29(d)(2)(C), and ``(ii) in the case of qualified natural gas production, the Secretary's estimate of the annual average wellhead price per 1,000 cubic feet for all domestic natural gas. ``(c) Qualified Crude Oil and Natural Gas Production.--For purposes of this section-- ``(1) In general.--The terms `qualified crude oil production' and `qualified natural gas production' mean domestic crude oil or natural gas which is produced from a marginal well. ``(2) Limitation on amount of production which may qualify.-- ``(A) In general.--Crude oil or natural gas produced during any taxable year from any well shall not be treated as qualified crude oil production or qualified natural gas production to the extent production from the well during the taxable year exceeds 1,095 barrels or barrel equivalents. ``(B) Proportionate reductions.-- ``(i) Short taxable years.--In the case of a short taxable year, the limitations under this paragraph shall be proportionately reduced to reflect the ratio which the number of days in such taxable year bears to 365. ``(ii) Wells not in production entire year.--In the case of a well which is not capable of production during each day of a taxable year, the limitations under this paragraph applicable to the well shall be proportionately reduced to reflect the ratio which the number of days of production bears to the total number of days in the taxable year. ``(3) Definitions.-- ``(A) Marginal well.--The term `marginal well' means a domestic well-- ``(i) the production from which during the taxable year is treated as marginal production under section 613A(c)(6), or ``(ii) which, during the taxable year-- ``(I) has average daily production of not more than 25 barrel equivalents, and ``(II) produces water at a rate not less than 95 percent of total well effluent. ``(B) Crude oil, etc.--The terms `crude oil', `natural gas', `domestic', and `barrel' have the meanings given such terms by section 613A(e). ``(C) Barrel equivalent.--The term `barrel equivalent' means, with respect to natural gas, a conversion ratio of 6,000 cubic feet of natural gas to 1 barrel of crude oil. ``(d) Other Rules.-- ``(1) Production attributable to the taxpayer.--In the case of a marginal well in which there is more than one owner of operating interests in the well and the crude oil or natural gas production exceeds the limitation under subsection (c)(2), qualifying crude oil production or qualifying natural gas production attributable to the taxpayer shall be determined on the basis of the ratio which taxpayer's revenue interest in the production bears to the aggregate of the revenue interests of all operating interest owners in the production. ``(2) Operating interest required.--Any credit under this section may be claimed only on production which is attributable to the holder of an operating interest. ``(3) Production from nonconventional sources excluded.--In the case of production from a marginal well which is eligible for the credit allowed under section 29 for the taxable year, no credit shall be allowable under this section unless the taxpayer elects not to claim the credit under section 29 with respect to the well.'' (b) Credit Treated as Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit) is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end the following new paragraph: ``(13) the marginal oil and gas well production credit determined under section 45D(a).''. (c) Credit Allowed Against Regular and Minimum Tax.-- (1) In general.--Subsection (c) of section 38 of the Internal Revenue Code of 1986 (relating to limitation based on amount of tax), as amended by section 5(a)(1), is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Special rules for marginal oil and gas well production credit.-- ``(A) In general.--In the case of the marginal oil and gas well production credit-- ``(i) this section and section 39 shall be applied separately with respect to the credit, and ``(ii) in applying paragraph (1) to the credit-- ``(I) subparagraphs (A) and (B) thereof shall not apply, and ``(II) the limitation under paragraph (1) (as modified by subclause (I)) shall be reduced by the credit allowed under subsection (a) for the taxable year (other than the marginal oil and gas well production credit). ``(B) Marginal oil and gas well production credit.--For purposes of this subsection, the term `marginal oil and gas well production credit' means the credit allowable under subsection (a) by reason of section 45D(a).''. (2) Conforming amendments.-- (A) Subclause (II) of section 38(c)(2)(A)(ii) of such Code, as amended by section 5(a)(2), is amended by striking ``or the enhanced oil recovery credit'' and inserting ``the enhanced oil recovery credit, or the marginal oil and gas well production credit''. (B) Subclause (II) of section 38(c)(3)(A)(ii) of such Code, as added by section 5(a)(1), is amended by inserting ``or the marginal oil and gas well production credit'' after ``recovery credit''. (d) Coordination With Section 29.--Section 29(d) of the Internal Revenue Code of 1986 (relating to other definitions and special rules) is amended by adding at the end the following new paragraph: ``(9) Election not to take credit.--No credit shall be allowed under subsection (a) with respect to production from any marginal well (as defined in section 45D(c)(3)(A)) if the taxpayer elects to not have this section apply to such well.'' (e) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``45D. Credit for producing oil and gas from marginal wells.'' (f) Effective Date.--The amendments made by this section shall apply to production in taxable years ending after the date of the enactment of this Act. SEC. 7. ALLOWANCE OF ADDITIONAL ENHANCED OIL RECOVERY METHOD. (a) In General.--Clause (i) of section 43(c)(2)(A) of the Internal Revenue Code of 1986 (defining qualified enhanced oil recovery project) is amended to read as follows: ``(i) which involves the application (in accordance with sound engineering principles) of-- ``(I) one or more tertiary recovery methods (as defined in section 193(b)(3)) which can reasonably be expected to result in more than an insignificant increase in the amount of crude oil which will ultimately be recovered, or ``(II) a qualified horizontal drilling method which can reasonably be expected to result in more than an insignificant increase in the amount of crude oil which will ultimately be recovered or lead to the discovery or delineation of previously undeveloped accumulations of crude oil,'' (b) Qualified Horizontal Drilling Method.--Section 43(c)(2) of the Internal Revenue Code of 1986 (relating to qualified enhanced oil recovery project) is amended by adding at the end the following new subparagraph: ``(C) Qualified horizontal drilling method.--For purposes of this paragraph-- ``(i) In general.--The term `qualified horizontal drilling method' means the drilling of a horizontal well in order to penetrate hydrocarbon bearing formations located north of latitude 54 degrees North. ``(ii) Horizontal well.--The term `horizontal well' means a well which is drilled-- ``(I) at an inclination of at least 70 degrees off the vertical, and ``(II) for a distance in excess of 1,000 feet.'' (c) Conforming Amendment.--Clause (iii) of section 43(c)(2)(A) of the Internal Revenue Code of 1986 is amended to read as follows: ``(iii) with respect to which-- ``(I) in the case of a tertiary recovery method, the first injection of liquids, gases, or other matter commences after December 31, 1990, and ``(II) in the case of a qualified horizontal drilling method, the implementation of the method begins after December 31, 1998.'' (d) Effective Date.--The amendments made by this section shall apply to taxable years ending after December 31, 1998. SEC. 8. NATURAL GAS GATHERING LINES TREATED AS 7-YEAR PROPERTY. (a) In General.--Subparagraph (C) of section 168(e)(3) of the Internal Revenue Code of 1986 (relating to classification of certain property) is amended by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause: ``(ii) any natural gas gathering line, and''. (b) Natural Gas Gathering Line.--Subsection (i) of section 168 of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: ``(15) Natural gas gathering line.--The term `natural gas gathering line' means the pipe, equipment, and appurtenances used to deliver natural gas from the wellhead to the point at which such gas first reaches-- ``(A) a gas processing plant, ``(B) an interconnection with an interstate natural-gas company (as defined in section 2(6) of the Natural Gas Act (15 U.S.C. 717a(6))), or ``(C) an interconnection with an intrastate transmission pipeline.'' (c) Effective Date.--The amendments made by this section shall apply to property placed in service before, on, or after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:06:03.815808

BILLS-106s1047is

Comprehensive Electricity Competition Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1047 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1047 To provide for a more competitive electric power industry, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Murkowski (for himself and Mr. Bingaman) (by request) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To provide for a more competitive electric power industry, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Comprehensive Electricity Competition Act''. SEC. 2 TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RETAIL ELECTRIC SERVICE Sec. 101. Retail competition. Sec. 102. Authority to impose reciprocity requirements. Sec. 103. Aggregation for purchase of retail electric energy. TITLE II--CONSUMER PROTECTION Sec. 201. Consumer information. Sec. 202. Access to electric service for low-income consumers. Sec. 203. Unfair trade practices. Sec. 204. Residential electricity consumer database. Sec. 205. Model retail supplier code. Sec. 206. Model electric utility worker code. TITLE III--FACILITATING STATE AND REGIONAL REGULATION Sec. 301. Clarification of State and Federal authority over retail transmission services. Sec. 302. Interstate compacts on regional transmission planning. Sec. 303. Backup authority to impose a charge on an ultimate consumer's receipt of electric energy. Sec. 304. Authority to establish and require independent regional system operation. TITLE IV--PUBLIC BENEFITS Sec. 401. Public benefits fund. Sec. 402. Federal renewable portfolio standard. Sec. 403. Net metering. Sec. 404. Reform of section 210 of PURPA. Sec. 405. Interconnections for certain facilities. Sec. 406. Rural and remote communities electrification grants. Sec. 407. Indian tribe assistance. Sec. 408. Office of Indian Energy Policy and Programs. Sec. 409. Southeast Alaska electrical power. TITLE V--REGULATION OF MERGERS AND CORPORATE STRUCTURE Sec. 501. Reform of holding company regulation under PUHCA. Sec. 502. Electric company mergers. Sec. 503. Remedial measures for market power. TITLE VI--ELECTRIC RELIABILITY Sec. 601. Electric reliability organization and oversight. Sec. 602. Electricity outage investigation. Sec. 603. Additional transmission capacity. TITLE VII--ENVIRONMENTAL PROTECTION Sec. 701. Nitrogen oxides cap and trade program. TITLE VIII--FEDERAL POWER SYSTEMS Subtitle A--Tennessee Valley Authority Sec. 801. Definition. Sec. 802. Application of Federal Power Act. Sec. 803. Antitrust coverage. Sec. 804. TVA power sales. Sec. 805. Renegotiation of long-term power contracts. Sec. 806. Stranded cost recovery. Sec. 807. Conforming amendments. Subtitle B--Bonneville Power Administration Sec. 811. Definitions. Sec. 812. Application of Federal Power Act. Sec. 813. Surcharge on transmission rates to recover otherwise non- recoverable costs. Sec. 814. Complaints. Sec. 815. Review of commission orders. Sec. 816. Conforming amendments. Subtitle C--Western Area Power Administration and Southwestern Power Administration Sec. 821. Definitions. Sec. 822. Application of Federal Power Act. Sec. 823. Surcharge on transmission rates to recover otherwise non- recoverable costs. Sec. 824. Conforming amendments. TITLE IX--OTHER PROVISIONS Sec. 901. Treatment of nuclear decommissioning costs in bankruptcy. Sec. 902. Energy Information Administration study of impacts of competition in electricity markets. Sec. 903. Antitrust savings clause. Sec. 904. Elimination of antitrust review by the Nuclear Regulatory Commission. Sec. 905. Environmental laws savings clause. Sec. 906. Generating plant efficiency study. Sec. 907. Conforming amendments. TITLE I--RETAIL ELECTRIC SERVICE SEC. 101. RETAIL COMPETITION. (a) Retail Competition.--The Public Utility Regulatory Policies Act of 1978 (referred to in this Act as PURPA) is amended by adding after section 608 the following new section: ``SEC. 609. RETAIL COMPETITION. ``(a) Definitions.--For purposes of this section, `retail stranded costs' means the amount of net costs incurred or obligations undertaken before the date of the enactment of the Comprehensive Electricity Competition Act by a distribution utility that-- ``(1) were incurred or undertaken by that distribution utility in order to comply with a legal obligation on that utility to provide electricity to electric consumers in its service territory, and ``(2) cannot be recovered because of implementation of retail competition under subsection (b). ``(b) Retail Competition Requirement.--Except as provided in subsection (c), not later than January 1, 2003, any distribution utility that has the capability to deliver electric energy to an electric consumer over its facilities shall offer open access to those facilities for the sale of electric energy to the consumer and shall do so at rates, terms, and conditions that are not unduly discriminatory or preferential, as determined by the appropriate regulatory authority. ``(c) Opt Out.--(1) A State regulatory authority (with respect to a distribution utility for which it has ratemaking authority) may direct a distribution utility not to implement the retail competition requirement described in subsection (b) if the State regulatory authority finds, after notice and opportunity for hearing, that implementation of the retail competition requirement by the distribution utility will have a negative impact on a class of customers of that utility that cannot be mitigated. ``(2) A nonregulated distribution utility may determine not to implement the retail competition requirement described in subsection (b) if it finds, after notice and opportunity for hearing, that implementation of the retail competition requirement by the distribution utility will have a negative impact on a class of customers of that utility that cannot be mitigated. ``(3) The State regulatory authority (with respect to a distribution utility for which it has ratemaking authority) or nonregulated distribution utility shall publish the determination and its basis and shall file a notice with the Commission of its determination by January 1, 2002. ``(d) Notice of Retail Competition.--A State regulatory authority (with respect to a distribution utility for which it has ratemaking authority) or nonregulated distribution utility shall file with the Commission a notice that the distribution utility has implemented or will implement retail competition consistent with subsection (b). The notice shall describe the implementation of retail competition. The notice is effective for purposes of section 118, 119, 119A, and 119B of this Act and sections 212(h), 216, and 217 of the Federal Power Act on the date the notice is filed or the date of implementation of retail competition consistent with subsection (b) whichever is later. ``(e) Consideration of Recovery of Retail Stranded Costs.--(1) If a State regulatory authority or nonregulated distribution utility conducts a public proceeding before a distribution utility implements retail competition as required under subsection (b), as part of this proceeding, the State regulatory authority or nonregulated distribution utility shall consider the appropriate mechanism to address recovery by a distribution utility for which it has ratemaking authority of retail stranded costs that are legitimate, prudent, and verifiable, if the utility has taken all reasonable steps to mitigate the costs, including assistance for workers who are employed or were most recently employed by an electric utility and who may become or have become unemployed as a result of the implementation of retail competition. A charge imposed for purposes of recovering retail stranded costs or providing assistance for unemployed workers should be imposed in a manner so as to minimize to the fullest extent possible any effect on an electric consumer's choice among competing suppliers or products. ``(2) If a State regulatory authority or nonregulated utility imposes or allows a charge to recover retail stranded costs under paragraph (1), it shall consider reducing the charge on an electric consumer who uses electric energy produced on-site when the charge results from the use of new on-site generation produced by-- ``(A) a fuel cell, ``(B) a facility with an efficiency rate of at least 50 percent, ``(C) a facility that uses a single fuel source to produce at the point of use either electric or mechanical power and thermal energy and that has a combined efficiency rate of at least 50 percent, or ``(D) a renewable resource. ``(f) Enforcement.--Any person may bring an action in the appropriate State court against a State regulatory authority, a distribution utility, or a nonregulated distribution utility for failure to comply with this section. Filing an action challenging whether retail competition is being implemented consistent with subsection (b) makes a notice of retail competition ineffective for purposes of sections 118, 119, 119A, and 199B of this Act and sections 212(h), 216, and 217 of the Federal Power Act until final resolution of the action. Notwithstanding any other law, a court created under Article III of the Constitution does not have jurisdiction over an action arising under this section.''. (b) Definitions.--Section 3 of PURPA is amended by adding after paragraph (21) the following new paragraphs: ``(22) The term `notice of retail competition' means a notice filed under section 609(d). ``(23) The term `distribution utility' means a person, State agency, or any other non-federal entity that owns or operates a local distribution facility used for the sale of electric energy to an electric consumer. ``(24) The term `nonregulated distribution utility' means a distribution utility not subject to the ratemaking authority of a State regulatory authority.''. SEC. 102. AUTHORITY TO IMPOSE RECIPROCITY REQUIREMEMENTS. PURPA is amended by adding the following new section after section 117: ``SEC. 118. AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS. ``(a) State Regulatory Authority.--If a State regulatory authority files a notice of retail competition with respect to a distribution utility, beginning on the effective date of the notice, the State regulatory authority may prohibit any other distribution utility located in the United States over which it does not have ratemaking authority (and any affiliate of such a utility, as defined under the Public Utility Holding Company Act of 1999) from selling electric energy to electric consumers of a distribution facility covered by the notice of retail competition, unless a notice of retail competition has been filed with respect to the other distribution utility. ``(b) Nonregulated Distribution Utility.--If a nonregulated distribution utility files a notice of retail competition, beginning on the effective date of the notice, it may prohibit any other distribution utility located in the United States (and any affiliate of such a utility, as defined under the Public Utility Holding Company Act of 1999) from selling electric energy to electric consumers of the nonregulated distribution utility covered by the notice unless a notice of retail competition has been filed with respect to the other distribution utility.''. SEC. 103. AGGREGATION FOR PURCHASE OF RETAIL ELECTRIC ENERGY. PURPA is amended by adding the following new section after section 118 as added by section 102 of this Act: ``SEC. 119. AGGREGATION FOR PURCHASE OF RETAIL ELECTRIC ENERGY. ``Notwithstanding any other provision of Federal or State law, and subject to legitimate and nondiscriminatory State requirements imposed on retail electric suppliers, a group of customers or any entity acting on behalf of such group may acquire electric energy on an aggregate basis if the group of customers is served by one or more distribution utilities for which a State regulatory authority or nonregulated distribution utility has filed a notice of retail competition under section 609 of this Act for each distribution utility.''. TITLE II--CONSUMER PROTECTION SEC. 201. CONSUMER INFORMATION. PURPA is amended by adding the following new section after section 119 as added by section 103 of this Act: ``SEC. 119A. CONSUMER INFORMATION DISCLOSURE. ``(a) Disclosure Rules.--Not later than six months after the date of enactment of this Act, the Secretary, in consultation with the Commission, the Administrator of the Environmental Protection Agency, and the Federal Trade Commission, shall issue rules prescribing the form, content, placement, and timing of the supplier disclosure required under subsections (b) and (c) of this section. The rules shall be prescribed in accordance with section 553 of title 5, United States Code. ``(b) Disclosure to Electric Consumers.--An electric utility that offers to sell electric energy to an electric consumer shall provide the electric consumer, to the extent practicable and in accordance with rules issued under subsection (a), a statement containing the following information: ``(1) The nature of the service being offered, including information about interruptibility or curtailment of service. ``(2) The price of the electric energy, including a description of any variable charges. ``(3) A description of all other charges associated with the service being offered including, but not limited to, access charges, exit charges, back-up service charges, stranded cost recovery charges, and customer service charges. ``(4) Information concerning the type of energy resource used to generate the electric energy and the environmental attributes of the generation (including air emissions characteristics). ``(5) Any other information the Secretary determines can be provided feasibly and would be useful to consumers in making purchasing decisions. ``(c) Disclosure to Wholesale Customers.--In every sale of electric energy for resale, the seller shall provide to the purchaser the information respecting the type of energy resource used to generate the electric energy and the environmental attributes of the generation required by rules established under subsection (a). ``(d) Federal Trade Commission Enforcement.--A violation of a rule prescribed under this section shall constitute an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) and shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a). All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to enforce compliance with this section notwithstanding jurisdictional limitations in the Federal Trade Commission Act. ``(e) Authority To Obtain Information.--Authority to obtain information under section 11 of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796) is available to the Secretary to administer this section and to the Federal Trade Commission to enforce this section. In order to carry out its duties under this section, the Federal Trade Commission may use any of its powers under sections 3, 6, 9, and 20 of the Federal Trade Commission Act (15 U.S.C. 43, 46, 49, and 57b-2) without regard to the limitations contained in section 20(b) of that Act (15 U.S.C. 57b-2(b)) or any jurisdictional limitations contained in that Act. ``(f) Enforcement by States.--(1) When a State determines that the interests of its residents have been or are being threatened or adversely affected because any person is violating or has violated a rule of the Secretary under this section, the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to-- ``(A) enjoin the violation; ``(B) enforce compliance with the rule of the Secretary; ``(C) obtain damages, restitution, or other compensation on behalf of its residents; or ``(D) obtain other relief the court considers appropriate. ``(2) The State shall serve prior written notice of any civil action under this subsection upon the Federal Trade Commission and provide the Federal Trade Commission with a copy of its complaint, except that if it is not feasible for the State to provide this prior notice, the State shall serve the notice immediately upon instituting the action. Upon receiving a notice respecting a civil action, the Federal Trade Commission may-- ``(A) intervene in the action, and ``(B) upon so intervening, be heard on all matters arising in the action and file petition for appeal. ``(3) For purposes of bringing any civil action under this subsection, this section does not prevent a State official from exercising the powers conferred by State law to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. ``(4) While a civil action instituted by or on behalf of the Federal Trade Commission for violation of any rule prescribed under this subsection is pending, a State may not institute a civil action under this section against a defendant named in the complaint in the pending action for a violation alleged in the complaint. ``(5) A civil action brought under this subsection may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. ``(6) This section does not prohibit a State from proceeding in State court on the basis of an alleged violation of a State civil or criminal statute.''. SEC. 202. ACCESS TO ELECTRIC SERVICE FOR LOW-INCOME CONSUMERS. PURPA is amended by adding the following new section after section 119A as added by section 201 of this Act: ``SEC. 119B. ACCESS TO ELECTRIC SERVICE FOR LOW-INCOME CONSUMERS. ``(a) Definitions.--For purposes of this section `low-income residential consumer' is a household, as defined in section 2603(4) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622(4)), with an annual income that-- ``(1) does not exceed 60 percent of the State median income, as defined in section 2603(9) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622(9)), of the State where the household is located, or ``(2) meets the eligibility criteria for a low-income energy program operated by the State where the household is located. ``(b) Applicability.--Each State regulatory authority and nonregulated distribution utility that files a notice of retail competition under section 609 of this Act shall conduct a proceeding to determine whether to apply the principles of subsection (c). ``(c) Principles.--The following are principles for providing electric service to low-income residential consumers: ``(1) A State regulatory authority or nonregulated distribution utility shall assure that its low-income residential consumers obtain benefits from retail competition comparable to its other residential consumers. ``(2) As a condition of offering retail service to residential consumers in a State, a retail electric supplier shall agree to-- ``(A) offer, promote, and provide, upon request, retail electric service to a low-income residential consumer on rates, terms, and conditions comparable to those offered to other residential consumers located in the same area where the low-income residential consumer is located, and ``(B) share equitably with other retail electric suppliers in the State any costs necessary to provide service to low-income residential consumers under subparagraph (A).''. SEC. 203. UNFAIR TRADE PRACTICES. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting the following new section after section 5: ``SEC. 5A. ELECTRICITY SUPPLY UNFAIR TRADE PRACTICES. ``(a) Definition.--For purposes of this section, `retail electric supplier' has the meaning given that term in section 3(25) of the Public Utility Regulatory Policies Act of 1978. ``(b) Slamming.--(1) The Federal Trade Commission shall establish rules in accordance with section 553 of title 5, United States Code for the submittal and verification of a retail electric customer's selection or change in selection of a retail electric supplier and for the assessment of penalties for violation of these rules. These rules shall ensure that the customer receives electric service from the retail electric supplier of the customer's choice. ``(2) A person shall not submit or change the selection made by a retail electric customer except in accordance with procedures established in paragraph (1). ``(c) Cramming.--(1) The Federal Trade Commission shall establish rules in accordance with section 553 of title 5, United States Code for obtaining the consent of a retail electric customer for purchase of goods and services other than those expressly authorized by law or by the customer's electricity supply and metering agreement and for the assessment of penalties for violation of these rules. ``(2) A person shall not charge a retail electric customer for a particular service except in accordance with procedures established in paragraph (1). ``(d) Federal Trade Commission Enforcement.--Violation of this section or of a rule prescribed under this section constitutes an unfair and deceptive act or practice in violation of section 5 of this Act and shall be treated as a violation of a rule under section 18 of this Act. All functions and powers of the Federal Trade Commission under this Act are available to the Federal Trade Commission to enforce compliance with this section notwithstanding any jurisdictional limitations in this Act. ``(e) State Proceedings and Other Remedies.--(1) This section does not preclude a State or State commission from prescribing and enforcing additional laws, regulations, or procedures regarding the practices which are the subject of this section, so long as such laws, regulations or procedures do not conflict with the provisions of this section or with any rule prescribed by the FTC pursuant to it. ``(2) The remedies provided by this section are in addition to any other remedies available by law.''. SEC. 204. RESIDENTIAL ELECTRICITY CONSUMER DATABASE. PURPA is amended by adding the following new section after section 119B as added by section 202 of this Act: ``SEC. 119C. RESIDENTIAL ELECTRICITY CONSUMER DATABASE. ``(a) Database.--The Secretary is authorized to compile a database to provide residential electric consumers with information to compare the offers of various retail electric suppliers. ``(b) Information.--A retail electric supplier who provides electric consumers with information under section 119A shall provide the Secretary the same information and any other information the Secretary considers appropriate for purposes of this section. ``(c) Content.--The database under this program shall-- ``(1) compare the rates, terms, and conditions of the service offered by the various retail electric suppliers based on the information provided under subsection (b); ``(2) disseminate the comparison to consumers through various communications channels, including the Internet; and ``(3) provide other information the Secretary considers appropriate to carry out the purposes of this section.''. SEC. 205. MODEL RETAIL SUPPLIER CODE. PURPA is amended by adding the following new section after section 119C as added by section 204 of this Act: ``SEC. 119D. MODEL CODE FOR RETAIL SUPPLIERS. ``The Secretary shall develop by rule and circulate among the States for their consideration a model code for the regulation of retail electric suppliers for the protection of electric consumers.''. SEC. 206. MODEL ELECTRIC UTILITY WORKER CODE. PURPA is amended by adding the following new section after section 119D as added by section 205 of this Act: ``SEC. 119E. MODEL CODE FOR ELECTRIC UTILITY WORKERS. ``(a) The Secretary shall develop by rule and circulate among the States for their consideration a model code containing standards for electric facility workers to ensure electric facility safety and reliability. The Secretary, in developing these standards, shall consult with all interested parties, including representatives of electric facility workers. ``(b) In issuing a model code under this section, the Secretary shall not, for purposes of section 653 of title 29, be deemed to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.''. TITLE III--FACILITATING STATE AND REGIONAL REGULATION SEC. 301. CLARIFICATION OF STATE AND FEDERAL AUTHORITY OVER RETAIL TRANSMISSION SERVICES. (a) Nonpreemption of State and Nonregulated Utility Authority To Order Retail Wheeling and To Impose Local Delivery Charges.--Section 201(b) of the Federal Power Act (referred to in this Act as ``the FPA'') is amended by adding the following new paragraph after paragraph (2): ``(3) This Act does not preempt or otherwise affect any authority under the law of a State or municipality to-- ``(A) require unbundled transmission and local distribution services for the delivery of electric energy directly to an ultimate consumer, but if unbundled transmission is in interstate commerce, the rates, terms, and conditions of the transmission are subject to the exclusive jurisdiction of the Commission under this part, or ``(B) impose a delivery charge on an ultimate consumer's receipt of electric energy.''. (b) Open Access Transmission Authority; Retail Wheeling in Retail Competition States.-- (1) Applicability of open access transmission rules.-- Section 206 of the FPA is amended by adding the following new subsection after subsection (d): ``(e) Open Access Transmission Services.--(1) Under section 205 and this section, the Commission may require, by rule or order, public utilities to provide open access transmission services, subject to section 212(h), and may authorize recovery of stranded costs, as defined by the Commission, arising from any requirement to provide open access transmission services. This section applies to any rule or order issued by the Commission before the date of enactment of the Comprehensive Electricity Competition Act.''. (2) Authority to order retail wheeling.--Section 212(h) of the FPA is amended-- (A) by inserting ``(1)'' before ``No''; (B) by striking ``(1)'', ``(2)'', ``(A)'', and ``(B)'' and inserting in their places ``(A)'', ``(B)'', ``(i)'', and ``(ii)'' respectively; (C) by striking from redesignated paragraph (1)(B)(ii) ``the date of enactment of this subsection'' and inserting ``October 24, 1992,'' in its place; and (D) by adding at the end a new paragraph as follows: ``(2) Notwithstanding paragraph (1), the Commission may issue an order that requires the transmission of electric energy directly or indirectly to an ultimate consumer if a notice of retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978 has been filed and is in effect with respect to the ultimate consumer's distribution utility or if a distribution utility offers open access to its delivery facilities to the ultimate consumer.''. (3) Conforming amendments.-- (A) Section 3(23) of the FPA is amended to read as follows: ``(23) `transmitting utility' means any entity that owns, controls, or operates electric power transmission facilities that are used for the sale of electric energy in the 48 contiguous States and the District of Columbia, notwithstanding section 201(f) of this Act;''. (B) Section 3(24) of the FPA is amended to read as follows: ``(24) `transmission services' means the transmission of electric energy sold or to be sold;''. (C) Section 211(a) of the FPA is amended by striking ``for resale''. (D) Section 212(a) of the FPA is amended by striking ``wholesale'' each time it appears, except the last time. (c) Applicability of Commission Jurisdiction to Transmitting Utilities.--Section 206(e) of the FPA as added by subsection (b)(1) of this section is amended by adding the following new paragraphs after paragraph (1): ``(2)(A) The Commission has jurisdiction over the rates, terms, and conditions for transmission services provided by a transmitting utility that is not a public utility or covered by section 201A, subject to section 212(h), and may authorize recovery of stranded costs, as defined by the Commission, by such transmitting utility. The Commission may require, by rule or order, a transmitting utility that is not a public utility or covered by section 201A to provide open access transmission services, subject to section 212(h). ``(B) In exercising its authority under this Act, the Commission-- ``(i) shall take into account the different structural and operating characteristics of transmitting utilities, including the multi-tier structure and the not-for-profit operations of electric cooperatives; ``(ii) with respect to any transmitting utility that has outstanding loans made or guaranteed by the Rural Utilities Service, shall take into account the policies of the Department of Agriculture in implementing the Rural Electrification Act of 1936 and shall assure, to the extent practicable, that the utility will be able to meet any loan obligations under that Act; and ``(iii) shall not approve rates, terms, or conditions the Commission determines would have the effect of jeopardizing the tax exempt status of nonprofit electric cooperatives under the Internal Revenue Code of 1986. ``(C) Notwithstanding any other law, section 205, this section, and part III apply to a transmitting utility that is not a public utility or covered by section 201A for purposes of this section. ``(3) Any electric utility that owns, directly or indirectly, generation facilities financed in whole or in part with outstanding loans made or guaranteed by the Rural Utilities Service may apply to the Commission to impose a charge for the recovery of stranded costs as defined by the Commission. If the Commission determines that the proposed charge is just, reasonable, and not unduly discriminatory or preferential, the Commission may issue an order providing for the imposition of the charge on transmission service by the applicant or by another transmitting utility or on any electric utility or transaction subject to the Commission's jurisdiction.''. (d) Notice to and Intervention of Secretary of Agriculture in FERC Proceedings.--The FPA is amended by adding after section 218, as added by section 601 of this Act, the following new section: ``notice to and intervention of secretary of agriculture in commission proceedings ``Sec. 219. Any person filing a complaint or petition for rulemaking under part II of the FPA that directly affects an electric utility with loans made or guaranteed under the Rural Electrification Act of 1936 shall provide notice of such complaint or petition to the Secretary of Agriculture. The Secretary of Agriculture may as a matter of right intervene or otherwise participate in any proceeding before the Commission that directly affects an electric utility with loans made or guaranteed under the Rural Electrification Act of 1936. The Secretary of Agriculture shall comply with rules of procedure of general applicability governing the timing of intervention or participation in such proceeding or activity and, upon intervening or participating therein, shall comply with rules of procedure of general applicability governing the conduct thereof.''. SEC. 302. INTERSTATE COMPACTS ON REGIONAL TRANSMISSION PLANNING. The FPA is amended by adding after section 214 the following new section: ``interstate compacts on regional transmission planning ``Sec. 215. (a) The consent of Congress is given for an agreement to establish a regional transmission planning agency, if the Commission determines that the agreement would-- ``(1) facilitate coordination among the States within a particular region with regard to the planning of future transmission, generation, and distribution facilities, ``(2) carry out State electric facility siting responsibilities more effectively, ``(3) meet the other requirements of this section and rules prescribed by the Commission under this section, and ``(4) otherwise be consistent with the public interest. ``(b)(1) If the Commission determines that an agreement meets the requirements of subsection (a), the agency established under the agreement has the authority necessary or appropriate to carry out the agreement. This authority includes authority with respect to matters otherwise within the jurisdiction of the Commission, if expressly provided for in the agreement and approved by the Commission. ``(2) The Commission's determination under this section may be subject to any terms or conditions the Commission determines are necessary to ensure that the agreement is in the public interest. ``(c)(1) The Commission shall prescribe-- ``(A) criteria for determining whether a regional transmission planning agreement meets subsection (a), and ``(B) standards for the administration of a regional transmission planning agency established under the agreement. ``(2) The criteria shall provide that, in order to meet subsection (a)-- ``(A) a regional transmission planning agency must operate within a region that includes all tribal governments and all or part of each State that is a party to the agreement, ``(B) a regional transmission planning agency must be composed of one or more members from each State and tribal government that is a party to the agreement, ``(C) each participating State and tribal government must vest in the regional transmission planning agency the authority necessary to carry out the agreement and this section, and ``(D) the agency must follow workable and fair procedures in making its decisions, in governing itself, and in regulating parties to the agreement with respect to matters covered by the agreement, including a requirement that all decisions of the agency be made by majority vote (or majority of weighted votes) of the members present and voting. ``(3) The criteria may include any other requirement for meeting subsection (a) that the Commission determines is necessary to ensure that the regional transmission planning agency's organization, practices, and procedures are sufficient to carry out this section and the rules issued under it. ``(d) The Commission, after notice and opportunity for comment, may terminate the approval of an agreement under this section at any time if it determines that the regional transmission planning agency fails to comply with this section or Commission prescriptions under subsection (c) or that the agreement is contrary to the public interest. ``(e) Section 313 applies to a rehearing before a regional transmission planning agency and judicial review of any action of a regional transmission planning agency. For this purpose, when section 313 refers to `Commission', substitute `regional transmission planning agency' and when section 313(b) refers to `licensee or public utility', substitute `entity'.''. SEC. 303. BACKUP AUTHORITY TO IMPOSE A CHARGE ON AN ULTIMATE CONSUMER'S RECEIPT OF ELECTRIC ENERGY. The FPA is amended by adding the following new section after section 215 as added by section 302 of this Act: ``backup authority for charge on receipt of electric energy ``Sec. 216. (a) If a State regulatory authority that has provided notice of retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978 for a distribution utility determines that the utility should be authorized or required to impose a charge on an ultimate consumer's receipt of electric energy but the State regulatory authority lacks authority to authorize or require imposition of such a charge, the State regulatory authority may apply to the Commission for an order providing for the imposition of the charge. If the Commission determines that the imposition of the charge is just, reasonable, and not unduly discriminatory or preferential; is consistent with the State regulatory authority's policy regarding the imposition of the charge; and is not prohibited by State law, the Commission may issue an order providing for the imposition of the charge. ``(b) If a nonregulated utility that has outstanding loans made or guaranteed by the Rural Utilities Service and that has filed a notice of retail competition under section 609 of the Public Utilities Regulatory Policies Act of 1978 determines that it is appropriate to impose a charge on an ultimate consumer's receipt of electric energy, but lacks the authority to impose such a charge under State law, the utility may apply to the Commission for an order providing for the imposition of a charge. If the Commission determines that the proposed charge is just, reasonable, and not unduly discriminatory or preferential, the Commission may issue an order providing for the imposition of the charge.''. SEC. 304. AUTHORITY TO ESTABLISH AND REQUIRE INDEPENDENT REGIONAL SYSTEM OPERATION. Section 202 of the FPA is amended by adding the following new subsections after subsection (g): ``(h) Upon its own motion or upon application or complaint and after notice and an opportunity for a hearing, the Commission may order the establishment of entities for the purpose of independent operation, control, and planning of interconnected transmission facilities; order a transmitting utility to relinquish control over operation of its transmission facilities to an entity for the purpose of independent operation, control, and planning of interconnected transmission facilities; subject generators to the control of such entity consistent with other laws to the extent necessary to permit reliable operation of the transmission facilities; or take any combination of these actions, if the Commission finds that-- ``(1) this action is appropriate to promote competitive electricity markets and efficient, economical, and reliable operation of the interstate transmission grid; ``(2) the entity established for the purpose of independent operation, control, and planning of interconnected transmission facilities will operate, control, and plan the transmission facilities in a manner that assures that-- ``(A) ownership of transmission facilities provides no advantage in competitive electricity markets; ``(B) the transmission customers of the Tennessee Valley Authority (TVA), the Bonneville Power Administration, the Southwestern Power Administration (SWPA), and the Western Area Power Administration (WAPA) will not pay an unreasonable share of the entity's costs and will not experience unreasonable transmission rate increases resulting from the establishment of the entity; and ``(C) as applicable, the respective statutory and treaty obligations and contractual obligations existing on the date of enactment of this Act of the TVA Board of Directors, the Bonneville Administrator, the SWPA Administrator, the WAPA Administrator, the Bureau of Reclamation, and the Corps of Engineers can be met; ``(3) any transmitting utility ordered to transfer control of its transmission facilities will receive just and reasonable compensation for the use of its facilities, consistent with section 201A where applicable; and ``(4) adequate reliability of the affected transmission facilities will be maintained. Nothing in this section limits States from addressing transmission facility maintenance, planning, siting, and other utility functions in a manner consistent with this Act or Commission action under this Act. ``(i) If not ordered under subsection (h), TVA, the Bonneville Administrator, the SWPA Administrator, or the WAPA Administrator are authorized to participate in a regional transmission system operation after conducting a public process in the relevant service area to receive comments. Notwithstanding any other law, participation may include delegation of operation and control of the Authority or Administration's transmission system to that entity, or other method of participation, under terms and conditions the Authority or Administrator determines necessary or appropriate, including being bound by operational and other orders of the entity and by the results of arbitration of disputes with the entity or with other participants.''. TITLE IV--PUBLIC BENEFITS SEC. 401. PUBLIC BENEFITS FUND. PURPA is amended by adding after section 609, as added by section 101 of this Act, the following new section: ``SEC. 610. PUBLIC BENEFITS FUND. ``(a) Definitions.--For purposes of this section-- ``(1) the term `Board' means the Joint Board established under subsection (b)(1); ``(2) the term `eligible public purpose program' means a program that supports one or more of the following-- ``(A) availability of affordable electricity service to low-income customers, ``(B) implementation of energy conservation and energy efficiency measures and energy management practices, ``(C) consumer education, ``(D) the development and demonstration of an electricity generation technology that the Secretary determines is emerging from research and development, provides environmental benefits, and-- ``(i) has significant national commercial potential, or ``(ii) provides energy security or generation resource diversity benefits, or ``(E) rural assistance subsequent to a determination made under subsection (d)(4); ``(3) the term `fiscal agent' means the entity designated under subsection (b)(2)(B); ``(4) the term `Fund' means the Public Benefits Fund established under subsection (b)(2)(A); and ``(5) the term `State' means each of the 48 contiguous States and the District of Columbia. ``(b) Joint Board.--(1) A Joint Board is established whose membership is composed of two officers or employees of the United States Government appointed by the Secretary, four State commissioners appointed by the national organization of State commissions, and one member of an Indian tribal government appointed by the Secretary. The Secretary shall designate the Chair of the Board. ``(2) The Board shall-- ``(A) establish a Public Benefits Fund upon petition of States and tribal governments wishing to participate in the program under this section, ``(B) appoint a fiscal agent, from persons nominated by the States and tribal governments petitioning to establish the Fund, and ``(C) administer the Fund as set forth in this section. ``(c) Fiscal Agent.--The fiscal agent appointed by the Board shall collect and disburse the amounts in the Fund as set forth in this section. ``(d) Secretary.--The Secretary shall prescribe rules for: ``(1) The determination of charges under subsection (e). ``(2) The collection of amounts for the Fund, including provisions for overcollection or undercollection. ``(3) Distribution of amounts from the Fund. ``(4) The criteria under which the Board determines whether a State or tribal government's program is an eligible public purpose program, including a rural assistance program. A rural assistance program shall be an eligible public purpose program to the extent that the Secretary, in consultation with the Secretary of Agriculture, determines by rule that significant adverse economic effects on rural customers have occurred or will occur as a result of electricity restructuring that meets the retail competition requirements of this Act. After such a determination is made, the Secretary, in consultation with the Secretary of Agriculture, shall specify by rule the mechanism for distribution of funds to rural assistance programs, amounts to be provided, and variances to the overall requirements to the Public Benefits Fund under this section, if any. For the purposes of funding rural assistance programs, the Secretary shall increase the charge for the Public Benefit Fund as necessary, up to a maximum of .17 mills per kilowatt hour. Funding for rural assistance programs under this section shall be provided exclusively from this increase in the charge. ``(e) Public Benefits Charge.--(1) As a condition of existing or future interconnection with facilities of any transmitting utility, each owner of an electric generating facility whose capacity exceeds one megawatt shall pay the transmitting utility a public benefits charge determined under paragraph (2), even if the generation facility and the transmitting facility are under common ownership or are otherwise affiliated. Each importer of electric energy from Canada or Mexico, as a condition of existing or future interconnection with facilities of any transmitting utility in the United States, shall pay this same charge for imported electric energy. The transmitting utility shall pay the amounts collected to the facility agent at the close of each month, and the fiscal agent shall deposit the amounts into the Fund as offsetting collections. ``(2)(A) The Board shall notify the Commission of the sum of the requests of all States and tribal governments under subsection (f) within 30 days after receiving the requests. ``(B) The Commission shall calculate the rate for the public benefits charge for each calendar year at an amount, not in excess of 1 mill per kilowatt-hour, equal to the sum of the requests of all States and tribal governments under subsection (f) for programs described in subsection (a)(2)(A) through (a)(2)(D), but not exceed $3 billion per year, divided by the estimated kilowatt hours of electric energy to be generated by generators subject to the charge. Amounts collected in excess of $3 billion in a fiscal year shall be retained in the fund and the assessment in the following year shall be reduced by that amount. If there are more than de minimis receipts from the sale of Renewable Energy Credits under section 611, the Secretary shall direct the Commission to reduce the charge to reflect the amount of receipts received from the sale of Credits. The amount of the receipts from the sale of Renewable Energy Credits deposited in the Public Benefits Fund may not exceed $3 billion per year adjusted for inflation. Receipts from the sale of Renewable Energy Credits in excess of $3 billion per year adjusted for inflation shall be deposited in the General Fund of the Treasury. ``(C) If a finding is made under subsection (d)(4) in relation to rural customers, the public benefit charge shall be increased as indicated under subsection (d)(4). ``(f) State and Tribal Government Participation.--(1) Not later than 90 days before the beginning of each calendar year, each State and tribal government seeking to participate in the Fund shall submit to the Board a request for payments from the Fund for the calendar year in an amount not in excess of 50 percent of the State or tribal government's estimated expenditures for eligible public purpose programs for the year, except as provided under rules issued under subsection (d)(4) for rural assistance programs. ``(2) To the extent a State or tribal government generates all or part of its funds for eligible public purpose programs through a wires charge on an ultimate consumer's receipt of electric energy, the State or tribal government shall impose the charge on a non-discriminatory basis on all consumers within the State or tribal government jurisdiction. ``(3) Notwithstanding subsection (a)(5)-- ``(A) Alaska may participate in the Fund as a State if it certifies to the Board that all generators within Alaska with a nameplate capacity exceeding one megawatt shall pay into the Fund at the rate calculated by the Board during the year in which Alaska seeks matching funds, and ``(B) Hawaii may participate in the Fund as a State if it certifies to the Board that all generators within Hawaii with a nameplate capacity exceeding one megawatt shall pay into the Fund at the rate calculated by the Board during the year in which Hawaii seeks matching funds. ``(g) Disbursal From the Fund.--(1) The Board shall review State and tribal government submissions and determine whether programs designated by the State or tribal government are eligible public purpose programs, using the criteria prescribed under subsection (d), and whether there is reasonable assurance that spending qualifying as State or tribal government matching funds will occur. ``(2) The fiscal agent shall disburse amounts in the Fund to participating States and tribal governments to carry out eligible public purpose programs in accordance with this subsection and rules prescribed under subsection (d). ``(3) To the extent the aggregate amount of funds requested by the States and tribal governments exceeds to the maximum aggregate revenues eligible to be collected under subsection (e) and deposited as payment for Renewable Energy Credits under section 611, the fiscal agency shall reduce each participating State and tribal government's request proportionately. ``(4)(A) The fiscal agent shall disburse amounts for a calendar year from the Fund to a State or tribal government in twelve equal monthly payments beginning two months after the beginning of the calendar year. Amounts disbursed may not exceed the lesser of the State or tribal government's request for the fiscal year, after any reduction required under paragraph (3), or 50 percent of the State or tribal government's documented expenditures for eligible public purpose programs for the calendar year, except as provided under rules issued under subsection (d)(4) for rural assistance programs. ``(B) The fiscal agent shall make distributions to the State or tribal government or to an entity designated by the State or tribal government to receive payments. The State or tribal government may designate a nonregulated utility as an entity to receive payments under this section. ``(C) A State or tribal government may use amounts received only for the eligible public purpose programs the State or tribal government designated in its submission to the Board and the Board determined eligible. ``(h) Report.--One year before the date of expiration of this section, the Secretary shall report to Congress, after consultation with the Board, whether a public benefits fund should continue to exist. ``(i) Sunset.--This section expires at midnight on December 31 of the fifteenth year after the year the Comprehensive Electricity Competition Act is enacted, except with regard to charges and funding for rural assistance programs.''. SEC. 402. FEDERAL RENEWABLE PORTFOLIO STANDARD. (a) Standard.--PURPA is amended by adding after section 610, as added by section 401 of this Act, the following new section: ``SEC. 611. FEDERAL RENEWABLE PORTFOLIO STANDARD. ``(a) Minimum Renewable Generation Requirement.--(1) For each calendar year beginning with 2000, a retail electric supplier shall submit to the Secretary Renewable Energy Credits in an amount equal to the required annual percentage, specified in subsection (b), of the total electric energy sold by the retail electric supplier to electric consumers in the calendar year. The retail electric supplier shall make this submission before April 1 of the following calendar year. ``(2) For purposes of this section a `renewable energy' resource means solar energy, wind, geothermal, or biomass. ``(3) This section does not preclude a State from requiring additional renewable energy generation in that State. ``(b) Required Annual Percentage.--(1) The Secretary shall determine the required annual percentage that is to be applied to all retail electric suppliers for calendar years 2000-2004. This required annual percentage shall be equal to the percent of the total electric energy sold, during the most recent calendar year for which information is available before the calendar year of the enactment of this section, by retail electric suppliers to electric customers in the United States that is renewable energy. ``(2) The Secretary shall determine the required annual percentage for all retail electric suppliers for calendar years 2005-2009. This percentage shall be above the percentage in paragraph (1) and below the percentage in paragraph (3) and shall be selected to promote a smooth transition to the level in paragraph (3). ``(3) For calendar years 2010-2015, the required annual percentage is 7.5 percent. ``(c) Submission of Credits.--A retail electric supplier may satisfy the requirements of subsection (a) through the submission of-- ``(1) Renewable Energy Credits issued under subsection (d) for renewable energy generated by the retail electric supplier in the calendar year for which Credits are being submitted or any previous calendar year, ``(2) Renewable Energy Credits issued under subsection (d) to any renewable energy generator for renewable energy generated in the calendar year for which Credits are being submitted or a previous calendar year and acquired by the retail electric supplier, or ``(3) any combination of Credits under paragraphs (1) and (2). ``(d) Issuance of Credits.--(1) The Secretary shall establish, not later than one year after the date of enactment of this section, a program to issue, monitor the sale or exchange of, and track Renewable Energy Credits. ``(2) Under the program, an entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of Renewable Energy Credits. The application shall indicate-- ``(A) the type of renewable energy resource used to produce the electricity, ``(B) the State in which the electric energy was produced, and ``(C) any other information the Secretary determines appropriate. ``(3)(A) Except as provided in paragraph (B), the Secretary shall issue to an entity one Renewable Energy Credit for each kilowatt-hour of electric energy the entity generates through the use of a renewable energy resource in any State in 2000 and any succeeding year. ``(B) The Secretary shall issue two Renewable Energy Credits for each kilowatt-hour of electric energy generated through the use of a renewable energy resource in any State in 2000 and any succeeding year, if the generating facility is located on Indian land. For purposes of this paragraph, renewable energy generated by biomass cofired with other fuels is eligible for two credits only if the biomass was grown on the land eligible under this paragraph. ``(C) To be eligible for a Renewable Energy Credit, the unit of electricity generated through the use of a renewable energy resource may be sold or may be used by the generator. If both a renewable energy resource and a non-renewable energy resource are used to generate the electric energy, the Secretary shall issue credits based on the proportion of the renewable energy resource used. The Secretary shall identify Renewable Energy Credits by type of generation and by the State in which the generating facility is located. ``(4) In order to receive a Renewable Energy Credit, the recipient of a Renewable Energy Credit shall pay a fee, calculated by the Secretary, in an amount that is equal to the administrative costs of issuing, recording, monitoring the sale or exchange of, and tracking the Credit or does not exceed five percent of the dollar value of the Credit, whichever is lower. The Secretary shall retain the fee and use it to pay these administrative costs. ``(5) When a generator sells electric energy generated through the use of a renewable energy resource to a retail electric supplier under a contract subject to section 210 of this Act, the retail electric supplier is treated as the generator of the electric energy for the purposes of this section for the duration of the contract. ``(6) The Secretary shall disqualify an otherwise eligible renewable energy generator from receiving a Renewable Energy Credit if the generator has elected to participate in net metering under section 612. ``(7) If a generator using a renewable energy resource receives matching funds under section 610, the Secretary shall reduce the number of Renewable Energy Credits the generator receives under paragraph (3) so that the aggregate value of those Credits plus the matching funds received under section 610 equals the aggregate value of the Credits the generator would have received absent this paragraph. For purposes of this paragraph, the Secretary shall value a Credit at a price that is representative of the price of a Credit in private transactions. In no event shall the Secretary use a price to establish values for purposes of this paragraph that exceed the cost cap established under subsection (f). ``(e) Sale or Exchange.--A Renewable Energy Credit may be sold or exchanged by the entity to whom issued or by any other entity who acquires the Credit. A Renewable Energy Credit for any year that is not used to satisfy the minimum renewable generation requirement of subsection (a) for that year may be carried forward for use in another year. ``(f) Renewable Energy Credit Cost Cap.--Beginning January 1, 2000, the Secretary shall offer Renewable Energy Credit for sale. The Secretary shall charge 1.5 cents for each Renewable Energy Credit sold during calendar year 2000, and on January 1 of each following year, the Secretary shall adjust for inflation, based on the Consumer Price Index, the price charged per Credit for that calendar year. The Secretary shall deposit in the Public Benefits Fund established under section 610 the amount received from a sale under this subsection. ``(g) Enforcement.--The Secretary may bring an action in the appropriate United States district court to impose a civil penalty on a retail electric supplier that does not comply with subsection (a). A retail electric supplier who does not submit the required number of Renewable Energy Credits under subsection (a) is subject to a civil penalty of not more than three times the value of the Renewable Energy Credits not submitted. For purposes of this subsection, the value of a Renewable Energy Credit is the price of a Credit determined under subsection (f) for the year the Credits were not submitted. ``(h) Information Collection.--The Secretary may collect the information necessary to verify and audit-- ``(1) the annual electric energy generation and renewable energy generation of any entity applying for Renewable Energy Credits under this section, ``(2) the validity of Renewable Energy Credits submitted by a retail electric supplier to the Secretary, and ``(3) the quantity of electricity sales of all retail electric suppliers. ``(i) Sunset.--This section expires December 31, 2015.''. (b) Definitions.--Section 3 of PURPA is amended by adding after paragraph (24) as added by section 101 of this Act the following new paragraph: ``(25) The term `retail electric supplier' means a person, State agency, or Federal agency that sells electric energy to an electric consumer. ``(26) The term `Indian land' means (A) any land within the limits of any Indian reservation, pueblo or rancheria, (B) any land not within the limits of any Indian reservation, pueblo or rancheria title to which was on the date of passage of the Comprehensive Electricity Competition Act either held by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation, (C) any dependent Indian community, and (D) any land conveyed to any Alaska Native corporation under the Alaska Native Claims Settlement Act. ``(27) The term `Indian tribe' means any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, or Eskimos, or any Alaskan Native Village of the United States, which is considered an eligible recipient under the Indian Self Determination and Education Assistance Act (Public Law 93-638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter.''. SEC. 403. NET METERING. PURPA is amended by adding the following new section after section 611 as added by section 402 of this Act: ``SEC. 612. NET METERING FOR RENEWABLE ENERGY. ``(a) Definitions.--For purposes of this section: ``(1) The term `eligible on-site generating facility' means a facility on the site of an electric consumer with a peak generating capacity of 20 kilowatts or less that is fueled solely by a renewable energy resource. ``(2) The term `renewable energy resource' means solar energy, wind, geothermal, or biomass. ``(3) The term `net metering service' means service to an electric consumer under which electricity generated by that consumer from an eligible on-site generating facility and delivered to the distribution system through the same meter through which purchased electricity is received may be used to offset electricity provided by the retail electric supplier to the electric consumer during the applicable billing period so that an electric consumer is billed only for the net electricity consumed during the billing period, but in no event shall the net be less than zero during the applicable billing period. ``(b) Requirement To Provide New Metering Service.--Each retail electric supplier shall make available upon request net metering service to any retail electric consumer whom the supplier currently serves or solicits for service. ``(c) State Authority.--This section does not preclude a State from imposing additional requirements consistent with the requirements in this section, including the imposition of a cap limiting the amount of net metering available in the State. Nothing in this Act or any other Federal law preempts or otherwise affects authority under State law to require a retail electric supplier to make available net metering service to a retail electric consumer whom the supplier serves or offers to serve.''. SEC. 404. REFORM OF SECTION 210 OF PURPA. Section 210 of PURPA is amended by adding the following new subsection after subsection (l): ``(m) Repeal of Mandatory Purchase Requirement.--After the date of enactment of the Comprehensive Electricity Competition Act, an electric utility shall not be required to enter into a new contract or obligation to purchase electric energy under this section.''. SEC. 405. INTERCONNECTIONS FOR CERTAIN FACILITIES. PURPA is amended by adding the following new section after section 612 as added by section 403 of this Act: ``SEC. 613. INTERCONNECTIONS FOR CERTAIN FACILITIES. ``(a) Definition.--As used in this section `facility' means-- ``(1) a small-scale electric power generation facility that is designed to serve customers at or near the facility, or ``(2) a facility using a single fuel source to produce at the point of use either electric or mechanical power and thermal energy. ``(b) Interconnection.--A distribution utility shall allow a facility to interconnect with the distribution utility if the facility owner is located in the distribution utility's service territory and complies with the final rule issued under subsection (c). ``(c) Within one year from the date of enactment of this section, the Secretary shall issue a final rule to implement subsection (b) and issue related safety and power quality standards. To the extent feasible, the Secretary shall develop the standards through a process involving interested parties. ``(d) The Commission shall enforce the rule established under subsection (c) using its authority under this Act.''. SEC. 406. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION GRANTS. Section 313 of the Rural Electrification Act of 1936 (7 U.S.C. 940c) is amended by adding after subsection (b) the following new subsections: ``(c) Rural and Remote Communities Electrification Grants.--The Secretary, in consultation with the Secretary of Energy and the Secretary of the Interior, may provide grants to eligible borrowers under this Act for the purposes of increasing energy efficiency, lowering or stabilizing electric rates to end users, or providing or modernizing electric facilities for-- ``(1) a unit of local government of a State or territory, or ``(2) an Indian tribe that has an average cost per kilowatt hour of electricity that is at least 150 percent of the average retail price per kilowatt hour for all consumers in the United States, as determined by the Secretary using data provided by the Department of Energy. The Secretary shall issue the grants based on a determination of cost-effectiveness and most effective use of the funds to achieve the stated purposes of this section. ``(d) Definition.--For purposes of this section, the term `Indian tribe' means any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, or Eskimos, or any Alaskan Native Village of the United States, which is considered an eligible recipient under the Indian Self Determination and Education Assistance Act (Public Law 93- 638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter. ``(e) Authorization.--There is authorized to be appropriated for purposes of subsection (c) $20,000,000 for each of the seven fiscal years following enactment of this section.''. SEC. 407. INDIAN TRIBE ASSISTANCE. Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501-3506) is amended by-- (1) adding after section 2606 the following new section: ``SEC. 2607. TRIBAL ELECTRICITY ASSISTANCE. ``(a) The Secretary of Energy, in consultation with the Secretary of the Interior and the Secretary of Agriculture, shall establish a program to assist an Indian tribe to meet its electricity needs. Under the program, the Secretary shall provide, subject to appropriations, to an Indian tribe-- ``(1) technical assistance and grants to analyze tribal electricity needs, the availability of natural resources for tribal generation of electricity, the opportunities for the improvement of transmission of electricity to the tribe, and the effect on the tribe of retail competition in the sale or transmission of electricity, and ``(2) in an area that is not served or served inadequately by an electric utility, as defined in section 3(4) of the Public Utility Regulatory Policies Act of 1978, or distribution utility, as defined in section 3(23) of the Public Utility Regulatory Policies Act of 1978, grants to plan and construct or improve facilities to generate, transmit, and distribute electricity to serve tribal needs. In exercising authority under this section, the Secretary shall take into account the ability of entities with loans made or guaranteed under the Rural Electrification Act of 1936 to repay those loans. The Secretary shall issue the grants based on a determination of cost- effectiveness and most effective use of the funds to achieve the stated purposes of this section. ``(b) Definition.--For purposes of this section, the term `Indian tribe' means any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, or Eskimos, or any Alaskan Native Village of the United States, which is considered an eligible recipient under the Indian Self Determination and Education Assistance Act (Public Law 93- 638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter. ``(c) There are authorized to be appropriated to the Department of Energy for each of the seven fiscal years following enactment of this section, $5,000,000 to carry out subsection (a)(1), and $15,000,000 to carry out subsection (a)(2).''. SEC. 408. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS. Title II of the Department of Energy Organization Act is amended by adding the following new section after section 212: ``SEC. 213. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS. ``(a) The Secretary may establish within the Department an Office of Indian Energy Policy and Programs. The Office shall be headed by a Director appointed by the Secretary. ``(b) Subject to the supervision of the Secretary, the Office is authorized to establish a program to provide, direct, foster, coordinate and implement energy, energy management, and energy conservation programs to-- ``(1) promote tribal energy efficiency; ``(2) modernize tribal electric infrastructure; ``(3) preserve tribal sovereignty and self determination related to energy matters; ``(4) lower or stabilized energy costs; and ``(5) electrify tribal members' homes. ``(c) There are authorized to be appropriated such sums as may be necessary to implement this section.''. SEC. 409. SOUTHEAST ALASKA ELECTRICAL POWER. There is authorized to be appropriated to the Department of Energy up to a total sum of $20,000,000 for the purpose of providing financial assistance to the State of Alaska as necessary to ensure the availability of adequate electrical power to the greater Ketchikan area in southeast Alaska, including the construction of an intertie. TITLE V--REGULATION OF MERGERS AND CORPORATE STRUCTURE SEC. 501. REFORM OF HOLDING COMPANY REGULATION UNDER PUHCA. Effective 18 months after the enactment of this Act, the Public Utility Holding Company Act of 1935 is repealed and the following is enacted in its place: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Public Utility Holding Company Act of 1999'. ``SEC. 2. DEFINITIONS. ``For purposes of this Act-- ``(1) the term `affiliate' of a company means any company 5 percent or more of the outstanding voting securities of which are owned, controlled, or held with power to vote, directly or indirectly, by such company; ``(2) the term `associate company' of a company means any company in the same holding company system with such company; ``(3) the term `Commission' means the Federal Energy Regulatory Commission; ``(4) the term `company' means a corporation, partnership, association, joint stock company, business trust, or any organized group of persons, whether incorporated or not, or a receiver, trustee, or other liquidating agent of any of the foregoing; ``(5) the term `electric utility company' means any company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale; ``(6) the terms `exempt wholesale generator' and `foreign utilities company' have the same meanings as in sections 32 and 33, respectively, of the Public Utility Holding Company Act of 1935, as those sections existed on the day before the effective date of this Act; ``(7) the term `gas utility company' means any company that owns or operates facilities used for distribution at retail (other than the distribution only in enclosed portable containers, or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat, light, or power; ``(8) the term `holding company' means-- ``(A) any company that directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of a public utility company or of a holding company of any public utility company; and ``(B) any person, determined by the Commission, after notice and opportunity for hearing, to exercise directly or indirectly (either alone or pursuant to an arrangement or understanding with one or more persons) such a controlling influence over the management or policies of any public utility company or holding company as to make it necessary or appropriate for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this Act upon holding companies; ``(9) the term `holding company system' means a holding company, together with its subsidiary companies; ``(10) the term `jurisdictional rates' means rates established by the Commission for the transmission of electric energy, the sale of electric energy at wholesale in interstate commerce, the transportation of natural gas, and the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use; ``(11) the term `natural gas company' means a person engaged in the transportation of natural gas in interstate commerce or the sale of such gas in interstate commerce for resale; ``(12) the term `person' means an individual or company; ``(13) the term `public utility' means any person who owns or operates facilities used for transmission of electric energy or sales of electric energy at wholesale in interstate commerce; ``(14) the term `public utility company' means an electric utility company or a gas utility company; ``(15) the term `State commission' means any commission, board, agency, or officer, by whatever name designated, of a State, municipality, or other political subdivision of a State that, under the laws of such State, has jurisdiction to regulate public utility companies; ``(16) the term `subsidiary company' of a holding company means-- ``(A) any company, 10 percent or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote, by such holding company; and ``(B) any person, the management of policies of which the Commission, after notice and opportunity for hearing, determines to be subject to a controlling influence, directly or indirectly, by such holding company (either alone or pursuant to an arrangement or understanding with one or more other persons) so as to make it necessary for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this Act upon subsidiary companies of holding companies; and ``(17) the term `voting security' means any security presently entitling the owner or holder thereof to vote in the direction or management of the affairs of a company. ``SEC. 3. FEDERAL ACCESS TO BOOKS AND RECORDS. ``(a) In General.--Each holding company and each associate company thereof shall maintain, and shall make available to the Commission, such books, accounts, records, memoranda, and other records as the Commission deems to be relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates for the transmission of electric energy, the sale of electric energy at wholesale in interstate commerce, the transportation of natural gas in interstate commerce, and the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use. ``(b) Affiliate Companies.--Each affiliate of a holding company or of any subsidiary company of a holding company shall maintain, and make available to the Commission, such books, accounts, memoranda, and other records with respect to any transaction with another affiliate, as the Commission deems relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates. ``(c) Holding Company Systems.--The Commission may examine the books, accounts, memoranda, and other records of any company in a holding company system, or any affiliate thereof, as the Commission deems relevant to costs incurred by a public utility or natural gas company within such holding company system and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates. ``(d) Confidentiality.--No member, officer, or employee of the Commission shall divulge any fact or information that may come to his or her knowledge during the course of examination of books, accounts, memoranda, or other records as provided in this section, except as may be directed by the Commission or by a court of competent jurisdiction. ``SEC. 4. STATE ACCESS TO BOOKS AND RECORDS. ``(a) In General.--Upon the written request of a State commission having jurisdiction to regulate a public utility company in a holding company system, the holding company or any associate company or affiliate thereof, other than such public utility company, wherever located, shall produce for inspection such books, accounts, memoranda, and other records that-- ``(1) have been identified in reasonable detail in a proceeding before the State commission; ``(2) the State commission deems are relevant to costs incurred by such public utility company; and ``(3) are necessary for the effective discharge of the responsibilities of the State commission with respect to such proceeding. ``(b) Limitation.--Subsection (a) does not apply to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under the Public Utility Regulatory Policies Act of 1978. ``(c) Confidentiality of Information.--The production of books, accounts, memoranda, and other records under subsection (a) shall be subject to such terms and conditions as may be necessary and appropriate to safeguard against unwarranted disclosure to the public of any trade secrets or sensitive commercial information. ``(d) Effect on State Law.--Nothing in this section shall preempt applicable State law concerning the provision of books, records, or any other information, or in any way limit the rights of any State to obtain books, records, or any other information under any other Federal law, contract, or otherwise. ``(e) Court Jurisdiction.--Any United States district court located in the State in which the State commission referred to in subsection (a) is located shall have jurisdiction to enforce compliance with this section. ``SEC. 5. EXEMPTION AUTHORITY. ``(a) Rulemaking.--Not later than 90 days after the effective date of this Act, the Commission shall promulgate a final rule to exempt from the requirements of section 3 any person that is a holding company, solely with respect to one or more-- ``(1) qualifying facilities under the Public Utility Regulatory Policies Act of 1978; ``(2) exempt wholesale generators; or ``(3) foreign utility companies. ``(b) Other Authority.--If, upon application or upon its own motion, the Commission finds that the books, records, accounts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas company, or if the Commission finds that any class of transactions is not relevant to the jurisdictional rates of a public utility or natural gas company, the Commission shall exempt such person or transaction from the requirements of section 3. ``SEC. 6. AFFILIATE TRANSACTIONS. ``Nothing in this Act shall preclude the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to determine whether a public utility company, public utility, or natural gas company may recover in rates any costs of an activity performed by an associate company, or any costs of goods or services acquired by such public utility company from an associate company. ``SEC. 7. APPLICABILITY. ``No provision of this Act shall apply to, or be deemed to include-- ``(1) the United States; ``(2) a State or any political subdivision of a State; ``(3) any foreign governmental authority not operating in the United States; ``(4) any agency, authority, or instrumentality of any entity referred to in paragraph (1), (2), or (3); or ``(5) any officer, agent, or employee of any entity referred to in paragraph (1), (2), or (3) acting as such in the course of official duty. ``SEC 8. EFFECT ON OTHER REGULATIONS. ``Nothing in this Act precludes the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to protect utility customers. ``SEC. 9. ENFORCEMENT. ``The Commission shall have the same powers as set forth in sections 306 through 317 of the Federal Power Act (16 U.S.C. 825d-825p) to enforce the provisions of this Act. ``SEC. 10. SAVINGS PROVISIONS. ``(a) In General.--Nothing in this Act prohibits a person from engaging in or continuing to engage in activities or transactions in which it is legally engaged or authorized to engage on the effective date of this Act. ``(b) Effect on Other Commission Authority.--Nothing in this Act limits the authority of the Commission under the Federal Power Act (16 U.S.C. 791a et seq.) (including section 301 of that Act) or the Natural Gas Act (15 U.S.C. 717 et seq.) (including section 8 of that Act). ``SEC. 11. IMPLEMENTATION. ``Not later than 18 months after the date of enactment of the Comprehensive Electricity Competition Act, the Commission shall-- ``(1) promulgate such regulations as may be necessary or appropriate to implement this Act (other than section 4); and ``(2) submit to the Congress detailed recommendations on technical and conforming amendments to Federal law necessary to carry out this Act and the amendments made by this Act. ``SEC. 12. TRANSFER OF RESOURCES. ``All books and records that relate primarily to the functions transferred to the Commission under this Act shall be transferred from the Securities and Exchange Commission to the Commission. ``SEC. 13. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such funds as may be necessary to carry out this Act. ``SEC. 14. CONFORMING AMENDMENT TO THE FEDERAL POWER ACT. ``Section 318 of the Federal Power Act (16 U.S.C. 825q) is repealed.''. SEC. 502. ELECTRIC COMPANY MERGERS. Section 203(a) of the FPA is amended by-- (1) striking ``public utility'' each time it appears and inserting in its place ``person or electric utility company''; (2) inserting after the first sentence the following: ``Except as the Commission otherwise provides, a holding company in a holding company system that includes an electric utility company shall not, directly or indirectly, purchase, acquire, or take any security of an electric utility company or of a holding company in a holding company system that includes an electric utility company, without first securing an order of the Commission authorizing it to do so.''; (3) striking ``hearing'' in the last sentence and inserting ``oral or written presentation of views''; (4) adding after ``public interest'' the following: ``including consideration of the effects on competition in wholesale and retail electricity markets,''; and (5) adding at the end the following: ``For purposes of this subsection, the terms `electric utility company', holding company', and `holding company system' have the meaning given them in the Public Utility Holding Company Act of 1999. Notwithstanding section 201(b)(1), generation facilities are subject to the jurisdiction of the Commission for purposes of this section, except as the Commission otherwise may provide, provided that an entity that has existing loans made or guaranteed under the Rural Electrification Act of 1936 (5 U.S.C. 901 et seq.) is not jurisdictional for purposes of this section.''. SEC. 503. REMEDIAL MEASURES FOR MARKET POWER. The FPA is amended by adding the following new section after section 216 as added by section 303 of this Act: ``remedial measures for market power ``Sec. 217. (a) Definitions.--As used in this section-- ``(1) `market power' means the ability of a public utility or electric utility profitably to maintain prices above competitive levels for a significant period of time, and ``(2) `notice of retail competition' has the meaning provided under section 3(22) of the Public Utility Regulatory Policies Act of 1978. ``(b) Commission Jurisdictional Sales.--(1) If the Commission determines that there are markets in which a public utility that owns or controls generation facilities has market power in sales of electric energy for resale in interstate commerce, the Commission shall order that utility to submit a plan for taking necessary actions to remedy its market power, which may include, but is not limited to, conditions respecting operation or dispatch of generation, independent operation of transmission facilities, or divestiture of ownership of one or more generation facilities. ``(2) In consultation with the Attorney General and the Federal Trade Commission, the Commission shall review the plan to determine if its implementation would adequately mitigate the adverse competitive effects of market power. The Commission may approve the plan with or without modification. The plan takes effect upon approval by the Commission. Notwithstanding any State law, regulation, or order to the contrary and notwithstanding any other provision of this Act or any other law, the Commission has jurisdiction to order divestiture or other transfer of control of generation assets pursuant to the plan. ``(c) State Jurisdictional Sales.--(1) If a State commission that has filed a notice of retail competition has reason to believe that an electric utility doing business in the State has market power, the State commission may apply for an order under this section. ``(2) If, after receipt of such an application and after notice and opportunity for a hearing, the Commission determines that the electric utility has market power in the sales of electric energy sold at retail in the State, this market power would adversely affect competition in the State, and the State commission lacks authority to effectively remedy such market power, the Commission may order the electric utility to submit a plan for taking necessary actions to remedy the electric utility's market power. These actions may include conditions respecting operation or dispatch of generation, competitive procurement of all generation capacity or energy, independent operation of transmission facilities, or divestiture of ownership of one or more generation facilities of the electric utility. ``(3) After consultation with the Attorney General and the Federal Trade Commission, the Commission may approve the plan with or without modification. The plan shall take effect upon approval by the Commission. ``(4) Notwithstanding any State law, regulation, or order to the contrary and notwithstanding any other provision of this Act or any other law, the Commission has jurisdiction to order divestiture or other transfer of control of generation assets pursuant to the plan.''. TITLE VI--ELECTRIC RELIABILITY SEC. 601. ELECTRIC RELIABILITY ORGANIZATION AND OVERSIGHT. (a) Electric Reliability Organization and Oversight.--The Federal Power Act is amended by adding the following new section after section 217: ``electric reliability organization and oversight ``Sec. 218. (a) Purpose.--The purpose of this section is to provide for the establishment and enforcement of mandatory reliability standards in order to ensure the reliable operation of the bulk-power system. ``(b) Definitions.--As used in this section: ``(1) The term `Affiliated Regional Reliability Entity' means an entity delegated authority under the provisions of subsection (i). ``(2) The term `Bulk-Power System' means all facilities and control systems necessary for operating an interconnected transmission grid (or any portion thereof), including high- voltage transmission lines, substations, control centers, communications, data, and operations planning facilities, and the output of generating units necessary to maintain transmission system reliability. ``(3) The term `Electric Reliability Organization' or `Organization' means the organization approved by the Commission under subsection (e)(4). ``(4) The term `Entity Rule' means a rule adopted by an Affiliated Regional Reliability Entity for a specific region and designed to implement or enforce one or more Organization Standards. An Entity Rule shall be subject to approval by the Organization, and once approved, shall be treated as an Organization Standard. ``(5) The term `Industry Sector' means a group of Users of the Bulk Power System with substantially similar commercial interests, as determined by the board of the Electric Reliability Organization. ``(6) The term `Interconnection' means a geographic area in which the operation of Bulk-Power System components is synchronized such that the failure of one or more of such components may adversely affect the ability of the operators of other components within the Interconnection to maintain safe and reliable operation of the facilities within their control. ``(7) The term `Organization Standard' means a policy or standard duly adopted by the Electric Reliability Organization to provide for the reliable operation of a Bulk-Power System. ``(8) The term `Public Interest Group' means any non-profit private or public organization that has an interest in the activities of the Electric Reliability Organization, including, but not limited to, ratepayer advocates, environmental groups, and State and local government organizations that regulate market participants and promulgate government policy. ``(9) The term `Variance' means an exception or variance from the requirements of an Organization Standard (including a proposal for an Organization Standard where there is no Organization Standard) that is adopted by an Affiliated Regional Reliability Entity and applicable to all or a part of the region for which the Affiliated Regional Reliability Entity is responsible. A Variance shall be subject to approval by the Organization, and once approved, shall be treated as an Organization Standard. ``(10) The term `System Operator' means any entity that operates or is responsible for the operation of a Bulk-Power System, including but not limited to a control area operator, an independent system operator, a transmission company, a transmission system operator, or a regional security coordinator. ``(11) The term `User of the Bulk-Power System' means any entity that sells, purchases, or transmits electric power over a Bulk-Power System, or that owns, operates or maintains facilities or control systems that are part of a Bulk-Power System, or that is a System Operator. ``(c) Commission Authority.--Notwithstanding any other provision of the Federal Power Act, within the United States the Commission has jurisdiction over the Electric Reliability Organization, all Affiliated Regional Reliability Entities, all System Operators, and all Users of the Bulk-Power System, for purposes of approving and enforcing compliance with the requirements of this section. ``(d) Existing Reliability Standards.--Following enactment of this section, and prior to the approval of an Organization under subsection (e), any person, including the North American Electric Reliability Council and its member Regional Reliability Councils, may file with the Commission any reliability standard, guidance, or practice, or any amendment thereto, that the person would propose to be made mandatory and enforceable. The Commission, after allowing interested persons an opportunity to submit comments, may approve the proposed mandatory standard, guidance, or practice, or any amendment thereto, if it finds that the standard, guidance, or practice, or amendment is just, reasonable, not unduly discriminatory or preferential, and in the public interest. Filed standards, guidance, or practices, including any amendments thereto, shall be mandatory and applicable according to their terms following approval by the Commission and shall remain in effect until-- ``(1) withdrawn, disapproved or superseded by an Organization Standard, issued or approved by the Electric Reliability Organization and made effective by the Commission under section (f); or ``(2) disapproved or suspended by the Commission if, upon complaint or upon its own motion and after notice and an opportunity for comment, the Commission finds the standard, guidance, or practice unjust, unreasonable, unduly discriminatory or preferential, or not in the public interest. Standards, guidance, or practices in effect pursuant to the provisions of this subsection shall be enforceable by the Commission under Part III of this Act. ``(e) Organization Approval.--(1) Not later than 90 days after the date of enactment of this section, the Commission shall issue proposed rules specifying procedures and requirements for an entity to apply for approval as the Electric Reliability Organization. The Commission shall provide notice and opportunity for comment on the proposed rules. The Commission shall issue a final rule under this subsection within 180 days after the date of enactment of this section. ``(2) Following the issuance of a final Commission rule under paragraph (1), an entity may submit an application to the Commission for approval as the Electric Reliability Organization. The applicant shall specify in its application its governance and procedures, as well as its funding mechanism and initial funding requirements. ``(3) The Commission shall provide public notice of the application and afford interested parties an opportunity to comment. ``(4) The Commission shall approve the application if the Commission determines that the applicant-- ``(A) has the ability to develop, implement, and enforce standards that provide for an adequate level of reliability of the Bulk-Power System; ``(B) permits voluntary membership to any User of the Bulk- Power System or Public Interest Group; ``(C) assures fair representation of its members in the selection of its directors and fair management of its affairs, taking into account the need for efficiency and effectiveness in decisionmaking and operations and the requirements for technical competency in the development of Organization Standards and the exercise of oversight of Bulk-Power System reliability; ``(D) assures that no two Industry Sectors have the ability to control, and no one Industry Sector has the ability to veto, the Electric Reliability Organization's discharge of its responsibilities (including actions by committees recommending standards to the board or other board actions to implement and enforce standards); ``(E) provides for governance by a board of no more than eleven members, one of whom shall be appointed by the Secretary of Energy; ``(F) provides a funding mechanism and requirements that are just, reasonable, and not unduly discriminatory or preferential and are in the public interest, and which satisfy the requirements of subsection (n); ``(G) establishes procedures for development of Organization Standards that provide reasonable notice and opportunity for public comment, taking into account the need for efficiency and effectiveness in decisionmaking and operations and the requirements for technical competency in the development of Organization Standards, and which standards development process has the following attributes: ``(i) openness, ``(ii) balance of interests, and ``(iii) due process, except that the procedures may include alternative procedures for emergencies; ``(H) establishes fair and impartial procedures for implementation and enforcement of Organization Standards, either directly or through delegation to an Affiliated Regional Reliability Entity, including the imposition of penalties, limitations on activities, functions, or operations, or other appropriate sanctions; ``(I) establishes procedures for notice and opportunity for public observation of all meetings, except that the procedures for public observation may include alternative procedures for emergencies or for the discussion of information the directors determine should take place in closed session, such as litigation, personnel actions, or commercially sensitive information; ``(J) provides for the consideration of recommendations of States and State commissions, and ``(K) addresses other matters that the Commission may deem necessary or appropriate to ensure that the procedures, governance, and funding of the Electric Reliability Organization are just, reasonable, not unduly discriminatory or preferential, and are in the public interest. ``(5) The Commission shall approve only one Electric Reliability Organization. If the Commission receives two or more timely applications that satisfy the requirements of this subsection, the Commission shall approve only the application it concludes will best implement the provisions of this section. ``(f) Establishment of and Modifications to Organization Standards.--(1) The Electric Reliability Organization shall file with the Commission any new or modified Organization Standards, including any Variances or Entity Rules, and the Commission shall follow the procedures under paragraph (2) for review of that filing. Submissions shall include-- ``(A) a concise statement of the purpose of the proposal, and ``(B) a record of any proceedings conducted with respect to the proposal. ``(2) The Commission shall provide notice of the filing of the proposal and afford interested persons a reasonable time, but not more than 30 days, to submit comments. The Commission, after taking into consideration any submitted comments, shall approve or disapprove the proposal not later than 60 days after the deadline for the submission of comments, except that: ``(A) the Commission may extend the 60 day period for an additional 90 days for good cause, and ``(B) if the Commission does not act to approve or disapprove a proposal within the periods set forth in this paragraph, the proposal shall go into effect, without prejudice to the authority of the Commission thereafter to suspend or modify the proposal in accordance with the standards and requirements of this section. Proposals approved by the Commission take effect according to their terms but not earlier than 30 days after the effective date of the Commission's order, except as provided in paragraph (3). ``(3)(A) In the exercise of its review responsibilities under this subsection, the Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a new or modified Organization Standard, but shall not defer to the Organization with respect to the effect of the standard on competition. The Commission shall approve a proposed new or modified Organization Standard if it determines the proposal to be just, reasonable, not unduly discriminatory or preferential, and in the public interest. ``(B) The Commission, either upon complaint or upon its own motion, shall suspend an existing Organization Standard, if it determines the standard to be unjust, unreasonable, unduly discriminatory or preferential, or not in the public interest. ``(C) An existing or proposed Organization standard which is disapproved or suspended in whole or in part by the Commission shall be remanded to the Electric Reliability Organization for further consideration. ``(D) The Commission, on its own motion or upon complaint, may direct the Electric Reliability Organization to develop an Organization Standard, including modification to an existing Organization Standard, addressing a specific matter by a date certain if the Commission considers a new or modified Organization Standard necessary or appropriate to further the purposes of this section. The Electric Reliability Organization shall file any new or modified Organization Standard in accordance with this subsection. ``(E) An Affiliated Regional Reliability Entity may propose a Variance or Entity Rule to the Electric Reliability Organization under subsection (i)(3). The Affiliated Regional Reliability Entity may request that the Electric Reliability Organization expedite consideration of the proposal, and may file a notice of this request with the Commission, if expedited consideration is necessary to provide for Bulk-Power System reliability. If the Electric Reliability Organization fails to adopt the Variance or Entity Rule, either in whole or in part, the Affiliated Regional Reliability Entity may request that the Commission review such action. If the Commission determines, after its review of such a request, that the action of the Electric Reliability Organization did not conform to the applicable standards and procedures approved by the Commission, or if the Commission determines that the Variance or Entity Rule is just, reasonable, not unduly discriminatory or preferential, and in the public interest, and that the Electric Reliability Organization has unreasonably rejected the proposed Variance or Entity Rule, the Commission may remand the proposed Variance or Entity Rule for further consideration by the Electric Reliability Organization or may direct the Electric Reliability Organization or the Affiliated Regional Reliability Entity to develop a Variance or Entity Rule consistent with that requested by the Affiliated Regional Reliability Entity. Such a Variance or Entity Rule proposed by an Affiliated Regional Reliability Entity shall be submitted to the Electric Reliability Organization for review and filing with the Commission in accordance with the procedures specified in this subsection. ``(F) Notwithstanding any other provision of this subsection, a proposed Organization Standard or amendment shall take effect according to its terms if the Electric Reliability Organization determines that an emergency exists requiring that the proposed Organization Standard or amendment take effect without notice or comment. The Electric Reliability Organization shall notify the Commission immediately following this determination and shall file the emergency Organization Standard or amendment with the Commission not later than five days following the determination and shall include in the filing an explanation of the need for the emergency standard. Subsequently, the Commission shall provide notice of the emergency Organization Standard or amendment for comment, and shall follow the procedures set out in paragraphs (2) and (3) for review of a new or modified Organization Standard. An emergency Organization Standard that has gone into effect shall remain in effect unless and until suspended or disapproved by the Commission. If the Commission determines at any time that the emergency Organization Standard or amendment is not necessary, the Commission may suspend the emergency Organization Standard or amendment. ``(4) All Users of the Bulk-Power System shall comply with any Organization Standard that takes effect under this section. ``(g) Coordination With Canada and Mexico.--The Electric Reliability Organization shall take all appropriate steps to gain recognition in Canada and Mexico. Subject to the President's authority with respect to foreign policy, the United States shall use its best efforts to enter into international agreements with the appropriate governments of Canada and Mexico to provide for effective compliance with Organization Standards and to provide for the effectiveness of the Electric Reliability Organization in carrying out its mission and responsibilities. All actions taken by the Electric Reliability Organization, any Affiliated Regional Reliability Entity, and the Commission shall be consistent with the provisions of such international agreements. ``(h) Changes in Procedures, Governance, or Funding.--(1) The Electric Reliability Organization shall file with the Commission any proposed change in its procedures, governance, or funding, or any changes in the Affiliated Regional Reliability Entity's procedures, governance or funding relating to delegated functions, and shall include with the filing an explanation of the basis and purpose for the change. ``(2) A proposed procedural change may take effect 90 days after filing with the Commission if the change constitutes a statement of policy, practice, or interpretation with respect to the meaning or enforcement of an existing procedure. Any other proposed procedural change takes effect only upon a finding by the Commission, after notice and opportunity for comments, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (e)(4). ``(3) A change in governance or funding does not take effect unless the Commission finds that the change is just, reasonable, not unduly discriminatory or preferential, and is in the public interest, and satisfies the requirements of subsection (e)(4). ``(4)(A) The Commission, either upon complaint or upon its own motion, may suspend a procedure or governance or funding provision if it determines the procedure or provision does not meet the requirements of subsection (e)(4) or is unjust, unreasonable, unduly discriminatory or preferential, or otherwise not in the public interest. ``(B) The Commission, upon complaint or upon its own motion, may require the Electric Reliability Organization to amend the procedures, governance or funding if the Commission determines that the amendment is necessary to meet the requirements of this section. The Electric Reliability Organization shall file the amendment in accordance with paragraph (1) of this subsection. ``(i) Delegations of Authority.--(1) The Electric Reliability Organization shall, upon request by an entity, enter into an agreement with the entity for the delegation of authority to implement and enforce compliance with Organization Standards approved by the Commission in a specified geographic area if the Organization finds that the entity requesting the delegation satisfies the requirements of subsection (e)(4) (A), (B), (C), (D), (F), and (K), and if the delegation promotes the effective and efficient implementation and administration of Bulk-Power System reliability. The Electric Reliability Organization may enter into an agreement to delegate to the entity any other authority, except that the Electric Reliability Organization shall reserve the right to set and approve standards for Bulk-Power System reliability. ``(2) The Electric Reliability Organization shall file with the Commission any agreement entered into under this subsection and any information the Commission requires with respect to the Affiliated Regional Reliability Entity to which authority is to be delegated. The Commission shall approve the agreement, following public notice and an opportunity for comment, if it finds that the agreement meets the requirements of paragraph (1), and is just, reasonable, not unduly discriminatory or preferential, and is in the public interest. A proposed delegation agreement with an Affiliated Regional Reliability Entity organized on an Interconnection-wide basis shall be rebuttably presumed by the Commission to promote the effective and efficient implementation and administration of Bulk-Power System reliability. No delegation by the Electric Reliability Organization shall be valid unless approved by the Commission. ``(3)(A) A delegation agreement entered into under this subsection shall specify the procedures for an Affiliated Regional Reliability Entity to propose Entity Rules or Variances for review by the Electric Reliability Organization. ``(B) With respect to any such proposal that would apply on an Interconnection-wide basis, the Electric Reliability Organization shall presume the proposal valid if made by an Interconnection-wide Affiliated Regional Reliability Entity unless the Electric Reliability Organization makes a written finding that the proposal-- ``(i) was not developed in a fair and open process that provided an opportunity for all interested parties to participate; ``(ii) has a significant adverse impact on reliability or commerce in other Interconnections; ``(iii) fails to provide a level of reliability of the Bulk-Power System within the Interconnection such that it would constitute a serious and substantial threat to public health, safety, welfare, or national security; or ``(iv) creates a serious and substantial burden on competitive markets within the Interconnection that is not necessary for reliability. ``(C) With respect to a proposal that would apply only to part of an Interconnection, the Electric Reliability Organization shall find the proposal valid if the Affiliated Regional Reliability Entity or Entities making the proposal demonstrate that it-- ``(i) was developed in a fair and open process that provided an opportunity for all interested parties to participate; ``(ii) would not have an adverse impact on commerce that is not necessary for reliability; ``(iii) provides a level of Bulk-Power System reliability adequate to protect public health, safety, welfare, and national security, and would not have a significant adverse impact on reliability; and ``(iv) in the case of a Variance, is based on legitimate differences between regions or between subregions within the Affiliated Regional Reliability Entity's geographic area. ``(D) The Electric Reliability Organization shall approve or disapprove the proposal within 120 days, or the proposal is deemed approved. Following approval of a proposal under this paragraph, the Electric Reliability Organization shall seek Commission approval pursuant to subsection (f). Affiliated Regional Reliability Entities may not make requests for approval directly to the Commission except pursuant to subsection (f)(3)(E). ``(4) If an Affiliated Regional Reliability Entity requests, consistent with paragraph (1) of this subsection, that the Electric Reliability Organization delegate authority to it, but is unable within 180 days to reach agreement with the Electric Reliability Organization with respect to the requested delegation, the entity may seek relief from the Commission. If, following notice and opportunity for comment, the Commission determines that the delegation to the entity would meet the requirements of paragraph (1); that the delegation would be just, reasonable, not unduly discriminatory or preferential, and in the public interest; and that the Electric Reliability Organization has unreasonably withheld the delegation, the Commission may, by order, direct the Electric Reliability Organization to make the delegation. ``(5)(A) The Commission may, upon its own motion or upon complaint, and with notice to the appropriate Affiliated Regional Reliability Entity or Entities, direct the Electric Reliability Organization to propose a modification to an agreement entered into under this subsection if the Commission determines that-- ``(i) the Affiliated Regional Reliability Entity no longer has the capacity to carry out effectively or efficiently its implementation or enforcement responsibilities under that agreement, has failed to meet its obligations under that agreement, or has violated any provision of this section, ``(ii) the rules, practices, or procedures of the Affiliated Regional Reliability Entity no longer provide for fair and impartial discharge of its implementation or enforcement responsibilities under the agreement, ``(iii) the geographic boundary of a transmission entity approved by the Commission is not wholly within the boundary of an Affiliated Regional Reliability Entity and such difference is inconsistent with the effective and efficient implementation and administration of Bulk-Power System reliability, or ``(iv) the agreement is inconsistent with another delegation agreement as a result of actions taken under paragraph (4) of this subsection. ``(B) Following an order of the Commission issued under paragraph (5)(A) of this subsection, the Commission may suspend the affected agreement if the Electric Reliability Organization or the Affiliated Regional Reliability Entity does not propose an appropriate and timely modification. If the agreement is suspended, the Electric Reliability Organization shall assume the previously delegated responsibilities. The Commission shall allow the Electric Reliability Organization and the Affiliated Regional Reliability Entity an opportunity to appeal the suspension. ``(j) Organization Membership.--Every System Operator shall be a member of the Electric Reliability Organization and shall be a member of any Affiliated Regional Reliability Entity operating under an agreement effective pursuant to subsection (i) applicable to the region in which the System Operator operates or is responsible for the operation of a Bulk-Power System facility. ``(k) Federal Power Systems and Nuclear Regulatory Commission.--Any actions taken under this section by the Commission, the Electric Reliability Organization, and any Affiliated Regional Reliability Entity shall be consistent with any statutory or treaty obligations of a Federal Power Marketing Administration, the Tennessee Valley Authority, the Bureau of Reclamation and the Corps of Engineers and any Nuclear Regulatory Commission requirements. ``(l) Injunctions and Disciplinary Action.--(1) Consistent with the range of actions approved by the Commission under subsection (e)(4)(H), the Electric Reliability Organization may impose a penalty; may limit activities, functions, or operations; or may take other disciplinary action the Electric Reliability Organization finds appropriate against a User of the Bulk-Power System if the Electric Reliability Organization, after notice and an opportunity for interested parties to be heard, issues a finding in writing that the User of the Bulk-Power System has violated an Organization Standard approved by the Commission. The Electric Reliability Organization shall immediately notify the Commission of any disciplinary action imposed with respect to an act of failure to act of a User of the Bulk-Power System that affected or threatened to affect Bulk-Power System facilities located in the United States, and the sanctioned party shall have the right to seek modification or rescission by the Commission of such disciplinary action. If the Organization finds it necessary to prevent a serious threat to reliability, the Organization may seek injunctive relief in a Federal Court in the district in which the affected facilities are located. ``(2) A disciplinary action taken under paragraph (1) may take effect not earlier than the 30th day after the Electric Reliability Organization files with the Commission its written finding and record of proceedings before the Electric Reliability Organization and the Commission posts the Organization's written finding, unless the Commission, on its own motion or upon application by the User of the Bulk-Power System which is the subject of the action, suspends the action. The action shall remain in effect or remain suspended unless and until the Commission, after notice and opportunity for hearing, affirms, sets aside, modifies, or reinstates the action, but the Commission shall conduct such a hearing under procedures established to ensure expedited consideration of the action taken. ``(3) The Commission, on its own motion, may order compliance with an Organization Standard and may impose a penalty; may limit activities, functions, or operations; or may take such other disciplinary action as the Commission finds appropriate, against a User of the Bulk-Power System with respect to actions affecting or threatening to affect Bulk-Power System facilities located in the United States if the Commission finds, after notice and opportunity for a hearing, that the User of the Bulk-Power System has violated or threatens to violate an Organization Standard. ``(4) The Commission may take such action as is necessary against the Electric Reliability Organization or an Affiliated Regional Reliability Entity to assure compliance with an Organization Standard, or any Commission order affecting the Electric Reliability Organization or an Affiliated Regional Reliability Entity. ``(m) Reliability Reports.--The Electric Reliability Organization shall conduct periodic assessments of the reliability and adequacy of the interconnected Bulk-Power System in North America and shall report annually to the Secretary of Energy and the Commission its findings and recommendations for monitoring or improving system reliability and adequacy. ``(n) Assessment and Recovery of Certain Costs.--The reasonable costs of the Electric Reliability Organization, and the reasonable costs of each Affiliated Regional Reliability Entity that are related to implementation and enforcement of Organization Standards or other requirements contained in a delegation agreement approved under subsection (i), shall be assessed by the Electric Reliability Organization and each Affiliated Regional Reliability Entity, respectively, taking into account the relationship of costs to each region and based on an allocation that reflects an equitable sharing of the costs among all end-users. The Commission shall provide by rule for the review of such costs and allocations, pursuant to the standards in this subsection and subsection (e)(4)(F). ``(o) Rule of Reason Standard.--In any action under the antitrust laws, the conduct of the Electric Reliability Organization, of an Affiliated Regional Reliability Entity operating under an agreement in effect under subsection (i), or of a member of the Electric Reliability Organization or an Affiliated Regional Reliability Entity, to the extent such conduct is undertaken to develop or implement an Organization Standard which is approved by the Commission under subsection (f), shall not be deemed illegal per se. Such conduct shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition. For purposes of this section, ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.''. (b) Conforming Amendments.--(1) Section 316 of the FPA is amended by striking ``or 214'' each place it appears and inserting ``214, or 218''. (2) Section 316A of the FPA is amended by striking ``section 211, 212, 213, or 214'' each time it appears and inserting ``Part II of this Act''. SEC. 602. ELECTRICITY OUTAGE INVESTIGATION. Title II of the Department of Energy Organization Act is amended by adding the following new section after section 213 as added by section 408: ``SEC. 214. ELECTRICITY OUTAGE INVESTIGATION BOARD. ``(a) Establishment; Membership; Terms.--The Secretary shall establish an Electricity Outage Investigation Board. The Board shall consist of five members, appointed by the Secretary. Each member shall serve a term of three years. ``(b) Duties.--The Board shall-- ``(1) investigate a major bulk-power system failure in the United States to determine its causes, ``(2) report to the Secretary the results of the investigation, and ``(3) recommend to the Secretary actions to minimize the possibility of a future bulk-power system failure. ``(c) Federal Advisory Committee Act.--The Board shall not be subject to the Federal Advisory Committee Act (5 U.S.C. Appx.).''. SEC. 603. ADDITIONAL TRANSMISSION CAPACITY. Section 209 of PURPA is amended by adding a new subsection after subsection (c): ``(d) Consideration of Additional Transmission Capacity.--The Secretary may call and chair a meeting of representatives of States in a region in order to discuss provision of additional transmission capacity and related concerns in such region.''. TITLE VII--ENVIRONMENTAL PROTECTION SEC. 701. NITROGEN OXIDES CAP AND TRADE PROGRAM. (a) Purpose.--The purpose of this section is to facilitate the implementation of a regional strategy for reducing ambient concentrations of ozone through regional reductions in emissions of NO<INF>X</INF>. (b) Definitions.--For purposes of this section-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) the term ``NO<INF>X</INF>'' means oxides of nitrogen, (3) term ``NO<INF>X</INF> allowance'' means an authorization to emit a specified amount of NO<INF>X</INF> into the atmosphere, and (4) the term ``NO<INF>X</INF> allowance cap and trade program'' means a program under which, in accordance with regulations issued by the Administrator, the Administrator establishes the maximum number of NO<INF>X</INF> allowances that may be allocated for specified control periods, allocates or authorizes a State to allocate NO<INF>X</INF> allowances, allows the transfer of NO<INF>X</INF> allowances for use in States subject to such a program, requires monitoring and reporting of NO<INF>X</INF> emissions that meet the requirements of section 412 of the Clean Air Act, and prohibits, and requires penalties and offsets for, any emissions of NO<INF>X</INF> in excess of the number of NO<INF>X</INF> allowances held. (c) Program Implementation.--(1) If the Administrator determines under section 110(a)(2)(D) of the Clean Air Act that any source or other type of emissions activity in a State emits NO<INF>X</INF> in amounts that will contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any national ambient air quality standard for ozone, the Administrator shall establish by regulation, within 12 months of the determination for primary standards and as expeditiously as practicable for secondary standards, and shall administer a NO<INF>X</INF> allowance cap and trade program in all States in which such a source or other type of emissions activity is located. (2) Any NO<INF>X</INF> allowance cap and trade program shall contribute to providing for emissions reductions that mitigate adequately the contribution or interference and shall be taken into account by the Administrator in determining compliance with section 110(a)(2)(D) of the Clean Air Act. (3) For purposes of sections 113, 114, 304, and 307 of the Clean Air Act, regulations promulgated under this section shall be treated as regulations promulgated under title IV of the Clean Air Act (entitled Acid Deposition Control). A requirement of regulations promulgated under this section is considered an ``emission standard'' or ``emission limitation'' within the meaning of section 302 of the Clean Air Act and an ``emission standard or limitation under this Act'' within the meaning of section 304 of the Clean Air Act. TITLE VIII--FEDERAL POWER SYSTEMS Subtitle A--Tennessee Valley Authority SEC. 801. DEFINITION. Section 3 of the Federal Power Act is amended by adding after paragraph (25) the following new paragraph: ``(26) `TVA' means the Tennessee Valley Authority, an agency and instrumentality of the United States created by the Tennessee Valley Authority Act of 1933;''. SEC. 802. APPLICATION OF FEDERAL POWER ACT. Part II of the Federal Power Act is amended by adding the following new section after section 201: ``application to federal power systems ``Sec. 201A. (a) After January 1, 2003, sections 202 (h) and (i), 203 (with respect to dispositions of transmission facilities), 205, 206, 208, and 210 through 213 of this Part and sections 301 through 304, 306, 307 (except the last sentence of paragraph (c)), 308, 309, 313, and 317 of Part III apply to TVA's transmission facilities and transmission of electric energy and the provision of necessary associated services over the TVA Transmission System, except that any determination made by the Commission under those provisions as to whether an action or matter is just, reasonable, or not unduly discriminatory or preferential shall be subject to any other laws applicable to TVA, including the requirement that TVA recover its costs.''. SEC. 803. ANTITRUST COVERAGE. The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831-831ee) is amended by adding the following after section 21: ``SEC. 21A. ANTITRUST LAWS. ``(a) Subject to subsection (b), effective January 1, 2003, the Tennessee Valley Authority is subject to the antitrust laws of the United States with respect to the operation of its electric power system. For purposes of this section, `antitrust laws' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that it includes the Act of June 19, 1936 (15 U.S.C. 13 et seq.), commonly known as the Robinson-Patman Act, and section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that section 5 applies to unfair methods of competition. ``(b) No damages, interest on damages, costs, or attorney's fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from the Tennessee Valley Authority.''. SEC. 804. TVA POWER SALES. The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831-831ee) is amended by adding the following after section 15d: ``SEC. 15E. SALE OF ELECTRIC POWER AT WHOLESALE AND RETAIL. ``(a) For the purposes of this section: ``(1) `distributor' means an electric power system that-- ``(A) is owned by a cooperative organization or by a municipality or other public body (or any successor in interest), and ``(B) on the date of enactment of this section, purchased electric power at wholesale from the Tennessee Valley Authority under an all-requirements power contract; and ``(2) `distributor service area' means the geographic area within which a distributor is authorized on the date of enactment of this section to provide electric power at retail to the ultimate consumer. ``(b)(1) Effective January 1, 2003, the Tennessee Valley Authority may sell electric power at wholesale to any person. ``(2) Beginning January 1, 2003, the Tennessee Valley Authority shall not sell power at retail, except it may sell power to a retail customer who consumes that power within a distributor service area, if-- ``(A) the customer (or predecessor in interest) purchased electric power directly from the Tennessee Valley Authority as a retail customer on the date of enactment of this section, or ``(B) the distributor's firm power purchases from the Tennessee Valley Authority are 50 percent or less of its total retail sales, or ``(C) the distributor agrees that the Tennessee Valley Authority can sell power to the customer. Nothing in this paragraph shall prohibit the Tennessee Valley Authority from continuing to serve a retail customer which the Tennessee Valley Authority was serving on the date of enactment of this section that is not located within a distributor service area. ``(3) Notwithstanding any other provision of law, the rates, terms, and conditions of retail electric service, and rates for the use of distribution lines are not subject to regulation by the Tennessee Valley Authority.''. SEC. 805. RENEGOTIATION OF LONG-TERM POWER CONTRACTS. Section 15e of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831-831ee) as added by section 804 of this Act is amended by adding the following after subsection (b): ``(c)(1) Within one year following the date of enactment of this section, the Tennessee Valley Authority and the distributors shall renegotiate their existing long-term contracts with respect to-- ``(A) the remaining term; ``(B) the length of the termination notice; ``(C) the amount of power a distributor may purchase from a supplier other than the Tennessee Valley Authority beginning January 1, 2003, and access to the Tennessee Valley Authority transmission system for that power; and ``(D) stranded cost recovery. ``(2) If the parties are unable to reach agreement with regard to any of the issues under paragraph (1) within the one-year period set forth in paragraph (1), they shall submit the issue in dispute to the Federal Energy Regulatory Commission for final resolution.''. SEC. 806. STRANDED COST RECOVERY. (a) Section 206 of the Federal Power Act is amended by adding the following new subsection after subsection (e) as added by section 301(b) of this Act: ``(f)(1) Within one year of the date of enactment of this subsection, the Commission shall promulgate regulations with respect to TVA's recovery of stranded costs (as defined by the Commission) imposed on TVA resulting from wholesale or retail competition. These regulations shall provide that-- ``(A) a customer that did not cause costs to be stranded is not obligated to pay those costs on behalf of other customers; ``(B) no stranded investment recovery charge shall have the effect of unfairly shifting costs among distributors or TVA retail customers; ``(C) for a stranded cost recovery charge TVA assesses on a retail or wholesale customer, TVA shall unbundle the charge from other retail or wholesale rates applicable to that customer and state the charge separately on the customer's bill; and ``(D) TVA shall not impose a stranded cost recovery charge after September 30, 2007, unless the person against whom the charge is assessed agrees otherwise. ``(2) After notice and opportunity for comment, TVA shall submit a stranded cost recovery plan to the Commission for review and approval. ``(3) The Commission shall review the recovery plan and shall approve the recovery plan if the Commission determines the plan to be just and reasonable and not unduly discriminatory or preferential and consistent with the requirements of regulations issued under paragraph (1). TVA may recover stranded costs only pursuant to a recovery plan approved by the Commission.''. (b) Section 15e of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831-831ee) as added by section 804 of this Act is amended by adding the following after subsection (c) as added by section 805 of this Act: ``(d) Amounts recovered by the Tennessee Valley Authority as stranded cost recovery charges under section 206(f) of the Federal Power Act shall be used to pay down TVA's debt to the extent determined by the TVA Board to be consistent with the proper financial management of the TVA power system, provided that TVA may not use amounts recovered to pay for additions to TVA's generating capacity.''. (c) Section 9106 of title 31, United States Code, is amended by adding the following new subsection after subsection (b): ``(c) Beginning in fiscal year 2003, as part of the annual management report submitted by the Tennessee Valley Authority (TVA) to Congress under this section, TVA shall also specifically report-- ``(1) the status of TVA's long-range financial plans and the progress toward its goal of competitively priced power, and a general discussion of TVA's prospects on meeting the objectives of the Ten Year Business Outlook issued on July 22, 1997; ``(2) any changes in assumptions since the previous report that may have a material effect on TVA's long-range financial plans; ``(3) the source of funds used for any capacity additions; ``(4) the use of other disposition of amounts recovered by TVA under this section; ``(5) the amount by which TVA's publicly-held debt was reduced; and ``(6) the projected amount by which TVA's publicly-held debt will be reduced.''. SEC. 807. CONFORMING AMENDMENTS. Effective January 1, 2003-- (1) section 15d(a) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-4(a)), which limit the sales or delivery of electric power by TVA or distributors outside a certain geographic area, is repealed; (2) subsections (f) and (j) of section 212 of the Federal Power Act (16 U.S.C. 824k(f) and (j)) are repealed; and (3) the third provisos of section 10 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831i) and the second and third provisos of section 12 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831k) do not apply to a wholesale sale of electric energy by the Tennessee Valley Authority. Subtitle B--Bonneville Power Administration SEC. 811. DEFINITIONS. Section 3 of the Federal Power Act is amended by adding the following new paragraphs after paragraph (26) as added by section 801 of this Act: ``(27) `Bonneville Administrator' means the Administrator of the Bonneville Power Administration; ``(28) `Pacific Northwest' has the meaning given that term in section 3(14) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839a(14)); ``(29) `Bonneville Transmission System' means transmission facilities owned or leased by the United States, acting through the Bonneville Administrator, and operated by the Bonneville Administrator or another entity under section 202(h) or (i) of this Act;''. SEC. 812. APPLICATION OF FEDERAL POWER ACT. Section 201A of the Federal Power Act as added by section 802 of this Act is amended by adding the following new subsection after subsection (a): ``(b) Bonneville Power Administration.--After September 30, 2001, sections 202(h) and (i), 203 (with respect to dispositions of transmission facilities), 205, 206, 208, and 210 through 213 of this Part and sections 301 through 304, 306, 307 (except the last sentence of paragraph (c)), 308, 309, 313, and 317 of Part III apply to transmission facilities and transmission of electric energy and the provision of necessary associated services over the Bonneville Transmission System, provided that-- ``(1) any determination made under those sections as to whether an action or matter is just reasonable, not unduly discriminatory or preferential shall be subject to-- ``(A) phasing in Commission-ordered changes in transmission rates or charges that would cause unreasonable cost shifts among users of the Bonneville Transmission System if implemented at once; ``(B) mitigating unreasonable adverse impacts on remote transmission customers in the Pacific Northwest that would otherwise result from Commission-ordered changes in the historic treatment of costs to acquire transmission to serve customers historically served by General Transfer Agreements entered into between the Bonneville Administrator and other transmission providers; ``(C) complying with requirements of other laws applicable to the Bonneville Administrator; ``(D) assuring the Bonneville Administrator's transmission rates and charges are established sufficient to-- ``(i) recover existing and future Federal investment in the Bonneville Transmission System over a reasonable number of years after first meeting all the Bonneville Administrator's other transmission costs and expenses; and ``(ii) produce the revenues necessary to assure timely payment of all transmission related costs and expenses, including revenues to establish reserves; ``(E) rules established by the Commission to-- ``(i) assure transmission access is provided over the Bonneville Transmission System for hydroelectric power that must be generated and transmitted at a particular time in order to reduce spill and levels of dissolved nitrogen gas harmful to fish, and ``(ii) govern compensation to adversely affected transmission users when capacity is made available for transmission of hydroelectric power in those circumstances; and ``(F) subsection 205(g) of this Act; and ``(2) these sections shall not apply to-- ``(A) the Bonneville Administrator's activities other than transmission of electric energy and provision of necessary associated services over the facilities of the Bonneville Transmission System; or ``(B) a contract in effect on the date of enactment of this section, except for rates which are adjustable by the Administrator under the contract; a Treaty of the United States; or a contract concerning the physical delivery of energy and capacity entered into by entities designated pursuant to such a Treaty.''. SEC. 813. SURCHARGE ON TRANSMISSION RATES TO RECOVER OTHERWISE NON- RECOVERABLE COSTS. Section 205 of the Federal Power Act is amended by adding the following after subsection (f): ``(g)(1) Subject to the requirements of paragraph (2), the Bonneville Administrator shall propose and the Commission shall establish a mechanism pursuant to this section that enables the Administrator to place a surcharge on rates for transmission services over the Bonneville Transmission System when necessary in order to recover power costs unable to be recovered through power revenues in time to meet the cost recovery requirements of section 7(a) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(a)(1)). ``(2) The transmission surcharge mechanism set forth in paragraph (1) shall-- ``(A) recover not more than $600 million in total and no more than $100 million in any fiscal year; ``(B) be available only between October 1, 2001, and October 1, 2016; ``(C) be implemented by the Bonneville Administrator only when the Bonneville Administrator projects that available financial reserves attributable to the power function will be less than $150 million; and ``(D) to the fullest extent possible, be designed and established to recover the costs from transmission users in a manner that-- ``(i) minimized any effect on transmission users' choices among competing suppliers or products, ``(ii) does not apply to use of the Bonneville Transmission System for power sales outside the Pacific Northwest, and ``(iii) minimizes bypass of the Bonneville Transmission System by transmission users seeking to avoid the surcharge. ``(3) The Bonneville Administrator shall have sole discretion to determine whether to implement the cost recovery mechanism established by the Commission under paragraph (1). Before imposing the surcharge, the Bonneville Administrator shall conduct a public process in the Pacific Northwest to receive comment on implementation of the surcharge. As a part of that public process, the Bonneville Administrator shall make available information concerning the need for and amount of the surcharge. If the Bonneville Administrator decides to implement a surcharge, it shall take effect on the Bonneville Administrator's proposed effective date, but no earlier than sixty days following the Administrator's filing of the proposed surcharge to the Commission for approval. ``(4)(A) Within 120 days after the effective date of the surcharge, the Commission shall approve, reject, or modify the surcharge and communicate its decision to the Bonneville Administrator. In conducting its review, the Commission shall not consider the appropriateness of the cost recovery mechanism established by the Commission under paragraph (1). ``(B) If the Commission rejects or modifies the surcharge, the Commission may order the Bonneville Administrator to refund, with interest, the portion of the surcharge the Commission found not justified or the Commission may authorize the Bonneville Administrator to recover amounts from customers who underpaid or did not pay the surcharge. If the Commission orders modification of the Bonneville Administrator's surcharge, such modified charge shall be effective on the date and for the time period specified by the Commission. ``(5) Any payment of power costs through application of transmission revenues collected by surcharge or otherwise shall be treated as a loan to the Bonneville Administrator's power function. The Bonneville Administrator shall repay the loan as soon as possible from power function revenues once the Bonneville Administrator is able to meet other power cost recovery and Treasury repayment obligations on an annual basis using power revenues and, to the extent practicable, refund such revenues to all transmission customers charged the surcharge. The borrowed revenues shall bear interest at a rate determined appropriate by the Commission. ``(6) For the recovery of costs relating to any generation or conservation resources financed by debt issued by a non-Federal party before October 1, 1998, and secured by an obligation of the Bonneville Administrator to make payments or net bill power and transmission service that cannot be recovered through power rates and charges and paid in accordance with the application of revenues and the priority of payments specified by Section 13(b) of the Federal Columbia River Transmission System Act of 1974 (16 U.S.C. 838K(b)), the provisions of this section apply, except for the recovery limitations under paragraph (2)(A) and the time limits under paragraph (2)(B), but only to the extent such recovery would have been allowed under laws applicable to the Bonneville Administrator as of October 1, 1998. In reviewing this surcharge request, the Commission shall apply the standard of review applicable as of October 1, 1998.''. SEC. 814. COMPLAINTS. Section 306 of the Federal Power Act is amended by inserting ``agency or instrumentality of the United States,'' after ``person,'' in the first sentence. SEC 815. REVIEW OF COMMISSION ORDERS. Section 313 of the Federal Power Act is amended by inserting ``agency or instrumentality of the United States,'' after ``person,'' in the first sentence in subsection (a).''. SEC. 816. CONFORMING AMENDMENTS. (a) Section 201(f) of the Federal Power Act is amended by striking ``No'' and inserting ``(1) Except as provided in sections 201A and 202(h)-(i), no''. (b) Section 212(i) of the Federal Power Act (16 U.S.C. 824(i)) is repealed. (c) Section 6 of the Federal Columbia River Transmission System Act (16 U.S.C. 838d) is repealed. (d) Section 9 of the Federal Columbia River Transmission System Act (16 U.S.C. 838g) is amended to read as follows: ``rates and charges ``Sec. 9. Schedules of rates and charges for the sale, including dispositions to a Federal agency, of all electric power made available to the Administrator pursuant to section 8 of this Act or otherwise acquired shall be established-- ``(1) with a view to encouraging the widest possible diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles; ``(2) having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of the projects) of the cost of producing such electric power, including the amortization of the capital investment allocated to power over a reasonable period of years and payments provided for in section 11(b)(9) of this Act; and ``(3) at levels to produce such additional power revenues as may be required, in the aggregate with all other power revenues of the Administrator, to pay when due the principal of, premiums, discounts, and expenses in connection with the issuance of and interest on all bonds issued and outstanding pursuant to this Act for other than the construction, acquisition, and replacement of the Federal transmission system, and amounts required to establish and maintain reserve and other funds and accounts established in connection therewith. Electric power rates under this section shall be established by the Administrator in accordance with section 7 of the Pacific Northwest Electric Power Planning and Conservation Act.''. (e) Section 10 of the Federal Columbia River Transmission System Act (16 U.S.C. 838h) is repealed. (f) Section 6 of the Pacific Northwest Regional Preference Act (16 U.S.C. 837e) is amended by striking the ``Federal energy or'' in the first sentence and by striking the second sentence. (g) Section 7(a)(1) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(a)(1)) is amended to read as follows: ``(a)(1) The Administrator shall establish, and periodically review and revise, rates for the sale and disposition of electric power and shall periodically review and, if necessary, propose revisions to rates for the transmission of electric power. Rates for the sale and disposition of electric power shall be established and, as appropriate, revised to recover, in accordance with sound business principles, the costs associated with the acquisition and conservation of electric power, including the amortization of the Federal investment allocable to electric power rates in the Federal Columbia River Power System (including irrigation electric-power related costs required to be repaid out of electric power revenues) over a reasonable period of years and the other costs and expenses incurred by the Administrator pursuant to this Act and other provisions of law. Rates for the sale and disposition of electric power shall be established in accordance with section 9 of the Federal Columbia River Transmission System Act (16 U.S.C. 838g), section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and this Act.''. (h) Section 7(a)(2) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(a)(2)) is amended by-- (1) striking ``Rates'' and inserting ``Power rates''; (2) inserting ``and'' after the comma in subparagraph (A); (3) striking ``, and'' and inserting a period at the end of subparagraph (B); and (4) striking subparagraph (C). (i) Section 7(i) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839(i)) is amended by inserting ``power'' immediately after ``establishing'' in the first sentence. (j) Section 9(d) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839f(d)) is amended by striking ``transmission access,'' and inserting ``power'' immediately before ``services'' in the second sentence. (k) Section 9(i)(3) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839f(i)(3)) is amended by inserting ``power'' immediately before ``services'' each time it appears, and by striking ``transmission,'' in the first sentence. (l) Section 2(e) of the Bonneville Project Act (16 U.S.C. 832a(e)) is amended by striking the colon and all that follows and inserting a period. Subtitle C--Western Area Power Administration and Southwestern Area Power Administration SEC. 821. DEFINITIONS. Section 3 of the Federal Power Act is amended by adding the following new paragraphs after paragraph (29) as added by subsection 811: ``(30) `SWPA Administrator' means the Administrator of the Southwestern Power Administration; ``(31) `SWPA Transmission System' means transmission facilities owned or controlled by the United States and operated by the SWPA Administrator or an entity with authority over these facilities under section 202(h) or (i) of this Act; ``(32) `WAPA Administrator' means the Administrator of the Western Area Power Administration; and ``(33) `WAPA Transmission System' means transmission facilities owned or controlled by the United States and operated by the WAPA Administrator or an entity with authority over these facilities under section 202(h) or (i) of this Act.''. SEC. 822. APPLICATION OF FEDERAL POWER ACT. Section 201A of the Federal Power Act as added by section 802 of this Act is amended by adding the following new subsection after subsection (b) as added by section 812 of this Act: ``(c) Western Area Power Administration and Southwestern Power Administration.--After September 30, 2001, sections 202 (h) and (i), 203 (with respect to dispositions of transmission facilities), 205, 206, 208, and 210 through 213 of this Part and sections 301 through 304, 306, 307 (except the last sentence of paragraph (c)), 308, 309, 313, and 317 of Part III apply to transmission facilities and transmission of electric energy over the SWPA and WAPA Transmission Systems and the provision of necessary associated services over the SWPA and WAPA Transmission Systems, provided that-- ``(1) any determination made under those sections as to whether an action or matter is just, reasonable, not unduly discriminatory or preferential shall be subject to-- ``(A) phasing in Commission-ordered changes in transmission rates or charges that would cause unreasonable cost shifts among users of the SWPA and WAPA Transmission Systems if implemented at once; ``(B) complying with requirements of other laws applicable to the SWPA and WAPA Administrators; ``(C) assuring the transmission rates and charges of the SWPA and WAPA Administrators are established sufficient to-- ``(i) recover existing and future Federal investment in the transmission system over a reasonable number of years after first meeting all other transmission costs and expenses; and ``(ii) produce the revenues necessary to assure timely payment of all transmission related costs and expenses, including revenues to establish reserves; ``(D) subsection 205(h) of this Act; and ``(E) permitting the WAPA Administrator to establish more than one rate for the transmission facilities of its regions or projects; and ``(2) these sections shall not apply to-- ``(A) activities of the SWPA and WAPA Administrators other than transmission of electric energy and provision of necessary associated services over the facilities of their respective systems; or ``(B) a contract in effect on the date of enactment of this Act, except for rates which are adjustable by the Administrator under the contract.''. SEC. 823. SURCHARGE ON TRANSMISSION RATES TO RECOVER OTHERWISE NON- RECOVERABLE COSTS. Section 205 of the Federal Power Act is amended by adding the following after subsection (g) as added by section 814 of this Act: ``(h)(1) The Commission shall establish rules for Commission approval of a surcharge on rates or charges for transmission services over the SWPA and WAPA transmission systems, including a reasonable limitation on amounts to be recovered under the surcharge and such other rules necessary to ensure that the surcharge minimizes any effect of transmission users' choice among competing suppliers or products and reflects cost causation, in order to recover power costs unable to be recovered through power revenues in time to meet statutory or regulatory cost recovery requirements. ``(2) The SWPA and WAPA Administrators shall have sole discretion to determine whether to implement the cost recovery mechanism established by the Commission under paragraph (1) for their respective transmission systems. Before imposing the surcharge, the Administrator shall conduct a public process to receive comment on implementation of the surcharge. As a part of that public process, the Administrator shall make available information concerning the need for and amount of the surcharge. If the Administrator decides to implement a surcharge, it shall take effect on the Administrator's proposed effective date, but no earlier than sixty days following the Administrator's filing of the proposed surcharge to the Commission for approval. ``(3)(A) Within 120 days after the effective date of the surcharge, the Commission shall approve, reject, or modify the surcharge and communicate its decision to the Administrator. In conducting its review, the Commission shall not consider the appropriateness of the cost recovery mechanism established by the Commission under paragraph (1). ``(B) If the Commission rejects or modifies the surcharge, the Commission may order the Administrator to refund, with interest, the portion of the surcharge the Commission found not justified or the Commission may authorize the Administrator to recover amounts from customers who underpaid or did not pay the surcharge. If the Commission orders modification of the Administrator's surcharge, such modified charge shall be effective on the date and for the time period specified by the Commission. ``(4) Any payment of power costs through application of transmission revenues collected by surcharge or otherwise shall be treated as a loan to the Administrator's power function. The Administrator shall repay the loan as soon as possible from power function revenues once the Administrator is able to meet other power cost recovery and Treasury repayment obligations on an annual basis using power revenues, and, to the extent practicable, refund such revenues to all transmission customers charged the surcharge. The borrowed revenues shall bear interest at a rate determined appropriate by the Commission.''. SEC. 824. CONFORMING AMENDMENTS. (a) Section 302(a)(1) of the Department of Energy Organization Act (42 U.S.C. 7152) is amended by-- (1) striking ``There'' and inserting in its place ``Except for the authority addressed in paragraph (G) below, there'', and (2) adding the following new subparagraph after subparagraph (E): ``(F) Authority for the approval, rejection, and modification of transmission rates for the Southwestern and Western Area Power Administrations is transferred to the Federal Energy Regulatory Commission.''. (b) Section 221 of the Reclamation Reform Act of 1982 (43 U.S.C. 390uu) is amended by-- (1) striking ``executed pursuant to Federal reclamation law'', and (2) inserting ``as defined in section 202 of this Act'' after ``contract''. TITLE IX--OTHER PROVISIONS SEC. 901. TREATMENT OF NUCLEAR DECOMMISSIONING COSTS IN BANKRUPTCY. Section 523 of title 11, United States Code (section 523 of the Bankruptcy Code of 1978), is amended by adding the following new subsection after subsection (e): ``(f) Obligations to comply with, and claims resulting from compliance with, Nuclear Regulatory Commission regulations or orders governing the decontamination and decommissioning of nuclear power reactors licensed under section 103 or 104b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133 and 2134(b)) shall be given priority and shall not be rejected, avoided, or discharged under title 11 of the United States Code or in any liquidation, reorganization, receivership, or other insolvency proceeding under State or Federal law.''. SEC. 902. ENERGY INFORMATION ADMINISTRATION STUDY OF IMPACTS OF COMPETITION IN ELECTRICITY MARKETS. Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding after subsection (l) the following new subsection: ``(m)(1) The Administrator shall collect and publish information regarding the impact of wholesale and retail competition on the electric power industry and consumers. The Administrator shall prescribe forms for collecting this information. Information to be collected may include, but is not limited to-- ``(A) the ownership and control of electric generation, transmission, distribution, and related facilities; ``(B) electricity consumption and demand; ``(C) the transmission, distribution, and delivery of electric services; ``(D) the price of competitive electric services; ``(E) the costs, revenues, and rates of regulated electric services; ``(F) the reliability of the electric generation and transmission system, including the availability of adequate generation and transmission capacity to meet load requirements, generation and transmission capacity additions and retirements, and fuel suppliers and stocks for electric generation; ``(G) electric energy efficiency programs and services and their impacts on energy consumption; ``(H) the development and use of renewable electric energy resources; and ``(I) research, development and demonstration activities to improve the nation's electric system. ``(2) In carrying out the purposes of this subsection, the Administrator shall take into account reporting burdens and the protection of proprietary information as required by law.''. SEC. 903. ANTITRUST SAVINGS CLAUSE. This Act and the amendments made by this Act shall not be construed to modify, impair, or supersede the operation of the antitrust laws. For purposes of this section, ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that it includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that section 5 applies to unfair methods of competition. SEC. 904. ELIMINATION OF ANTITRUST REVIEW BY THE NUCLEAR REGULATORY COMMISSION. Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by adding the following after subsection c.: ``d. Following the effective date of this subsection, subsection 105 c. shall not apply to any pending or future application filed for a license to construct or operate a utilization facility under sections 103 or 104b. This Act shall not affect the Commission's authority to enforce antitrust conditions included in licenses issued under sections 103 or 104b. before the date of enactment of this subsection.''. SEC. 905. ENVIRONMENTAL LAWS SAVINGS CLAUSE. Nothing in this Act alters or affects environmental requirements imposed by Federal or State law, including, but not limited to, the Clean Air Act (42 U.S.C. 7401 et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); the Federal Power Act (16 U.S.C. 791a et seq.); and the Endangered Species Act (16 U.S.C. 1531 et seq.). SEC. 906. GENERATING PLANT EFFICIENCY STUDY. Part C of title VI of the Department of Energy Organization Act is amended by adding after section 662, the following new section: ``generating plant efficiency study ``Sec. 663. Within three years following the date of enactment of this section, the Secretary shall issue a report comparing the impact of wholesale and retail competition on the efficiency of new and existing electric generating facilities.''. SEC. 907. CONFORMING AMENDMENTS. (a) The Table of Contents of PURPA is amended by-- (1) inserting after the listing for section 117 under subtitle B of title I: ``Sec. 118. Authority to impose reciprocity requirements. ``Sec. 119. Aggregation for purchase of retail electric energy. ``Sec. 119A. Consumer information disclosure. ``Sec. 119B. Access to electric service for low-income consumers. ``Sec. 119C. Residential electricity consumer database. ``Sec. 119D. Model code for retail suppliers. ``Sec. 119E. Model code for electric utility workers.'', and (2) inserting after the listing for section 608: ``Sec. 609. Retail competition. ``Sec. 610. Public Benefits Fund. ``Sec. 611. Federal renewable portfolio standard. ``Sec. 612. Net metering for renewable energy. ``Sec. 613. Interconnections for certain facilities.''. (b) The table of contents of the Energy Policy Act of 1992 is amended by inserting after the listing for section 2606: ``Sec. 2607. Tribal electricity assistance.''. (c) The table of contents of the Department of Energy Organization Act is amended by-- (1) inserting after the listing for section 212: ``Sec. 213. Office of Indian Energy Policy and Programs. ``Sec. 214. Electricity Outage Investigation Board.'', and (2) inserting after the listing for section 662: ``Sec. 663. Generating plant efficiency study.''. <all>

usgpo

2024-06-24T03:06:03.873612

BILLS-106s1055is

To amend title 36, United States Code, to designate the day before Thanksgiving as ``National Day of Reconciliation''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1055 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1055 To amend title 36, United States Code, to designate the day before Thanksgiving as ``National Day of Reconciliation''. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 14, 1999 Mr. Brownback (for himself and Mr. Akaka) introduced the following bill; which was read twice and referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 36, United States Code, to designate the day before Thanksgiving as ``National Day of Reconciliation''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NATIONAL DAY OF RECONCILIATION. (a) Findings.--Congress makes the following findings: (1) Alienation from God and from one another is the greatest problem that faces this Nation. (2) A house divided cannot long stand. (b) National Day of Reconciliation.--Chapter 1 of part A of subtitle I of title 36, United States Code, is amended by adding at the end the following: ``Sec. 144. National Day of Reconciliation. ``The President shall issue each year a proclamation designating the day before Thanksgiving as the National Day of Reconciliation on which all persons in the United States should seek out those persons who have been alienated and pursue forgiveness and reconciliation.'' (c) Table of Contents.--The table of contents in chapter 1 of part A of subtitle I of title 36, United States Code, is amended by inserting after the item relating to section 143 the following new item: ``144. National Day of Reconciliation.''. <all>

usgpo

2024-06-24T03:06:03.948772

BILLS-106s1049is

Federal Oil and Gas Lease Management Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1049 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1049 To improve the administration of oil and gas leases on Federal land, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Murkowski introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To improve the administration of oil and gas leases on Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Oil and Gas Lease Management Improvement Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purposes. Sec. 3. Definitions. Sec. 4. No property right. TITLE I--STATE OPTION TO REGULATE OIL AND GAS LEASE OPERATIONS ON FEDERAL LAND Sec. 101. Transfer of authority. Sec. 102. Activity following transfer of authority. TITLE II--USE OF COST SAVINGS FROM STATE REGULATION Sec. 201. Compensation for costs. Sec. 202. Exclusion of costs of preparing planning documents and analyses. Sec. 203. Receipt sharing. TITLE III--STREAMLINING AND COST REDUCTION Sec. 301. Applications. Sec. 302. Timely issuance of decisions. Sec. 303. Elimination of unwarranted denials and stays. Sec. 304. Reports. Sec. 305. Scientific inventory of oil and gas reserves. TITLE IV--FEDERAL ROYALTY CERTAINTY Sec. 401. Definitions. Sec. 402. Amendment of Outer Continental Shelf Lands Act. Sec. 403. Amendment of Mineral Leasing Act. Sec. 404. Indian land. TITLE V--ROYALTY REINVESTMENT IN AMERICA Sec. 501. Royalty incentive program. Sec. 502. Marginal well production incentives. Sec. 503. Suspension of production on oil and gas operations. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) State governments have a long and successful history of regulation of operations to explore for and produce oil and gas; the special role of the States was recognized by Congress in 1935 through its ratification under the Constitution of the Interstate Compact to Conserve Oil and Gas; (2) under the guidance of the Interstate Oil and Gas Compact Commission, States have established effective regulation of the oil and natural gas industry and subject their programs to periodic peer review through the Commission; (3) it is significantly less expensive for State governments than for the Federal Government to regulate oil and gas lease operations on Federal land; (4) significant cost savings could be achieved, with no reduction in environmental protection or in the conservation of oil and gas resources, by having the Federal Government defer to State regulation of oil and gas lease operations on Federal land; (5) State governments carry out regulatory oversight on Federal, State, and private land; oil and gas companies operating on Federal land are burdened with the additional cost and time of duplicative oversight by both Federal and State conservation authorities; additional cost savings could be achieved within the private sector by having the Secretary defer to State regulation; (6) the Federal Government is presently cast in opposing roles as a mineral owner and regulator; State regulation of oil and gas operations on Federal land would eliminate this conflict of interest; (7) it remains the responsibility of the Secretary of the Interior to carry out the Federal policy set forth in the Mining and Minerals Policy Act of 1970 (30 U.S.C. 21a) to foster and encourage private sector enterprise in the development of economically sound and stable domestic mineral industries, and the orderly and economic development of domestic mineral resources and reserves, including oil and gas resources; and (8) resource management analyses and surveys conducted under the conservation laws of the United States benefit the public at large and are an expense properly borne by the Federal Government. (b) Purposes.--The purposes of this Act are-- (1) to transfer from the Secretary to each State in which Federal land is present authority to regulate oil and gas operations on leased tracts and related operations as fully as if the operations were occurring on privately owned land; (2) to share the costs saved through more efficient State enforcement among State governments and the Federal treasury; (3) to prevent the imposition of unwarranted delays and recoupments of Federal administrative costs on Federal oil and gas lessees; (4) to effect no change in the administration of Indian land; and (5) to ensure that funds deducted from the States' net receipt share are directly tied to administrative costs related to mineral leasing on Federal land. SEC. 3. DEFINITIONS. In this Act: (1) Application for a permit to drill.--The term ``application for a permit to drill'' means a drilling plan including design, mechanical, and engineering aspects for drilling a well. (2) Federal land.-- (A) In general.--The term ``Federal land'' means all land and interests in land owned by the United States that are subject to the mineral leasing laws, including mineral resources or mineral estates reserved to the United States in the conveyance of a surface or nonmineral estate. (B) Exclusion.--The term ``Federal land'' does not include-- (i) Indian land (as defined in section 3 of the Federal Oil and Gas Royalty Management Act of 1982 (30 U.S.C. 1702)); or (ii) submerged land on the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)). (3) Oil and gas conservation authority.--The term ``oil and gas conservation authority'' means the agency or agencies in each State responsible for regulating for conservation purposes operations to explore for and produce oil and natural gas. (4) Project.--The term ``project'' means an activity by a lessee, an operator, or an operating rights owner to explore for, develop, produce, or transport oil or gas resources. (5) Secretary.--The term ``Secretary'' means-- (A) the Secretary of the Interior, with respect to land under the administrative jurisdiction of the Department of the Interior; and (B) the Secretary of Agriculture, with respect to land under the administrative jurisdiction of the Department of Agriculture. (6) Surface use plan of operations.--The term ``surface use plan of operations'' means a plan for surface use, disturbance, and reclamation. SEC. 4. NO PROPERTY RIGHT. Nothing in this Act gives a State a property right or interest in any Federal lease or land. TITLE I--STATE OPTION TO REGULATE OIL AND GAS LEASE OPERATIONS ON FEDERAL LAND SEC. 101. TRANSFER OF AUTHORITY. (a) Notification.--Not before the date that is 180 days after the date of enactment of this Act, a State may notify the Secretary of its intent to accept authority for regulation of operations, as described in subparagraphs (A) through (K) of subsection (b)(2), under oil and gas leases on Federal land within the State. (b) Transfer of Authority.-- (1) In general.--Effective 180 days after the Secretary receives the State's notice, authority for the regulation of oil and gas leasing operations is transferred from the Secretary to the State. (2) Authority included.--The authority transferred under paragraph (1) includes-- (A) processing and approving applications for permits to drill, subject to surface use agreements and other terms and conditions determined by the Secretary; (B) production operations; (C) well testing; (D) well completion; (E) well spacing; (F) communization; (G) conversion of a producing well to a water well; (H) well abandonment procedures; (I) inspections; (J) enforcement activities; and (K) site security. (c) Retained Authority.--The Secretary shall-- (1) retain authority over the issuance of leases and the approval of surface use plans of operations and project-level environmental analyses; and (2) spend appropriated funds to ensure that timely decisions are made respecting oil and gas leasing, taking into consideration multiple uses of Federal land, socioeconomic and environmental impacts, and the results of consultations with State and local government officials. SEC. 102. ACTIVITY FOLLOWING TRANSFER OF AUTHORITY. (a) Federal Agencies.--Following the transfer of authority, no Federal agency shall exercise the authority formerly held by the Secretary as to oil and gas lease operations and related operations on Federal land. (b) State Authority.-- (1) In general.--Following the transfer of authority, each State shall enforce its own oil and gas conservation laws and requirements pertaining to transferred oil and gas lease operations and related operations with due regard to the national interest in the expedited, environmentally sound development of oil and gas resources in a manner consistent with oil and gas conservation principles. (2) Appeals.--Following a transfer of authority under section 101, an appeal of any decision made by a State oil and gas conservation authority shall be made in accordance with State administrative procedures. (c) Pending Enforcement Actions.--The Secretary may continue to enforce any pending actions respecting acts committed before the date on which authority is transferred to a State under section 101 until those proceedings are concluded. (d) Pending Applications.-- (1) Transfer to state.--All applications respecting oil and gas lease operations and related operations on Federal land pending before the Secretary on the date on which authority is transferred under section 101 shall be immediately transferred to the oil and gas conservation authority of the State in which the lease is located. (2) Action by the state.--The oil and gas conservation authority shall act on the application in accordance with State laws (including regulations) and requirements. TITLE II--USE OF COST SAVINGS FROM STATE REGULATION SEC. 201. COMPENSATION FOR COSTS. (a) In General.--Subject to the availability of appropriations, the Secretary shall compensate any State for costs incurred to carry out the authorities transferred under section 101. (b) Payment Schedule.--Payments shall be made not less frequently than every quarter. (c) Cost Breakdown Report.--Each State seeking compensation shall report to the Secretary a cost breakdown for the authorities transferred. (d) Limitation on Amount.-- (1) In general.--Compensation to a State may not exceed 50 percent of the Secretary's allocated cost for oil and gas leasing activities under section 35(b) of the Act of February 25, 1920 (commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 191(b)) for the State for fiscal year 1997. (2) Adjustment.--The Secretary shall adjust the maximum level of cost compensation at least once every 2 years to reflect any increases in the Consumer Price Index (all items, United States city average) as prepared by the Department of Labor, using 1997 as the baseline year. SEC. 202. EXCLUSION OF COSTS OF PREPARING PLANNING DOCUMENTS AND ANALYSES. Section 35 of the Act of February 25, 1920 (30 U.S.C. 191(b)) is amended by adding at the end the following: ``(6) The Secretary shall not include, for the purpose of calculating the deduction under paragraph (1), costs of preparing resource management planning documents and analyses for areas in which mineral leasing is excluded or areas in which the primary activity under review is not mineral leasing and development.''. SEC. 203. RECEIPT SHARING. Section 35(b) of the Act of February 25, 1920 (30 U.S.C. 191(b)) is amended by striking ``paid to States'' and inserting ``paid to States (other than States that accept a transfer of authority under section 101 of the Federal Oil and Gas Lease Management Act of 1999)''. TITLE III--STREAMLINING AND COST REDUCTION SEC. 301. APPLICATIONS. (a) Limitation on Cost Recovery.--Notwithstanding sections 304 and 504 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1734, 1764) and section 9701 of title 31, United States Code, the Secretary shall not recover the Secretary's costs with respect to applications and other documents relating to oil and gas leases. (b) Completion of Planning Documents and Analyses.-- (1) In general.--The Secretary shall complete any resource management planning documents and analyses not later than 90 days after receiving any offer, application, or request for which a planning document or analysis is required to be prepared. (2) Preparation by applicant or lessee.--If the Secretary is unable to complete the document or analysis within the time prescribed by paragraph (1), the Secretary shall notify the applicant or lessee of the opportunity to prepare the required document or analysis for the agency's review and use in decisionmaking. (c) Reimbursement for Costs of NEPA Analyses, Documentation, and Studies.--If-- (1) adequate funding to enable the Secretary to timely prepare a project-level analysis required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to an oil or gas lease is not appropriated; and (2) the lessee, operator, or operating rights owner voluntarily pays for the cost of the required analysis, documentation, or related study; the Secretary shall reimburse the lessee, operator, or operating rights owner for its costs through royalty credits attributable to the lease, unit agreement, or project area. SEC. 302. TIMELY ISSUANCE OF DECISIONS. (a) In General.--The Secretary shall ensure the timely issuance of Federal agency decisions respecting oil and gas leasing and operations on Federal land. (b) Offer To Lease.-- (1) Deadline.--The Secretary shall accept or reject an offer to lease not later than 90 days after the filing of the offer. (2) Failure to meet deadline.--If an offer is not acted upon within that time, the offer shall be deemed to have been accepted. (c) Application for Permit To Drill.-- (1) Deadline.--The Secretary and a State that has accepted a transfer of authority under section 101 shall approve or disapprove an application for permit to drill not later than 30 days after receiving a complete application. (2) Failure to meet deadline.--If the application is not acted on within the time prescribed by paragraph (1), the application shall be deemed to have been approved. (d) Surface use Plan of Operations.--The Secretary shall approve or disapprove a surface use plan of operations not later than 30 days after receipt of a complete plan. (e) Administrative Appeals.-- (1) Deadline.--From the time that a Federal oil and gas lessee or operator files a notice of administrative appeal of a decision or order of an officer or employee of the Department of the Interior or the Forest Service respecting a Federal oil and gas Federal lease, the Secretary shall have 2 years in which to issue a final decision in the appeal. (2) Failure to meet deadline.--If no final decision has been issued within the time prescribed by paragraph (1), the appeal shall be deemed to have been granted. SEC. 303. ELIMINATION OF UNWARRANTED DENIALS AND STAYS. (a) In General.--The Secretary shall ensure that unwarranted denials and stays of lease issuance and unwarranted restrictions on lease operations are eliminated from the administration of oil and gas leasing on Federal land. (b) Land Designated for Multiple Use.-- (1) In general.--Land designated as available for multiple use under Bureau of Land Management resource management plans and Forest Service leasing analyses shall be available for oil and gas leasing without lease stipulations more stringent than restrictions on surface use and operations imposed under the laws (including regulations) of the State oil and gas conservation authority unless the Secretary includes in the decision approving the management plan or leasing analysis a written explanation why more stringent stipulations are warranted. (2) Appeal.--Any decision to require a more stringent stipulation shall be administratively appealable and, following a final agency decision, shall be subject to judicial review. (c) Rejection of Offer To Lease.-- (1) In general.--If the Secretary rejects an offer to lease on the ground that the land is unavailable for leasing, the Secretary shall provide a written, detailed explanation of the reasons the land is unavailable for leasing. (2) Previous resource management decision.--If the determination of unavailability is based on a previous resource management decision, the explanation shall include a careful assessment of whether the reasons underlying the previous decision are still persuasive. (3) Segregation of available land from unavailable land.-- The Secretary may not reject an offer to lease land available for leasing on the ground that the offer includes land unavailable for leasing, and the Secretary shall segregate available land from unavailable land, on the offeror's request following notice by the Secretary, before acting on the offer to lease. (d) Disapproval or Required Modification of Surface Use Plans of Operations and Application for Permit To Drill.--The Secretary shall provide a written, detailed explanation of the reasons for disapproving or requiring modifications of any surface use plan of operations or application for permit to drill. (e) Effectiveness of Decision.--A decision of the Secretary respecting an oil and gas lease shall be effective pending administrative appeal to the appropriate office within the Department of the Interior or the Department of Agriculture unless that office grants a stay in response to a petition satisfying the criteria for a stay established by section 4.21(b) of title 43, Code of Federal Regulations (or any successor regulation). SEC. 304. REPORTS. (a) In General.--Not later than March 31, 2000, the Secretaries shall jointly submit to the President of the Senate and the Speaker of the House of Representatives a report explaining the most efficient means of eliminating overlapping jurisdiction, duplication of effort, and inconsistent policymaking and policy implementation as between the Bureau of Land Management and the Forest Service. (b) Recommendations.--The report shall include recommendations on statutory changes needed to implement the report's conclusions. SEC. 305. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES. (a) In General.--Not later than March 31, 2000, the Secretary of the Interior, in consultation with the Director of the United States Geological Survey, shall publish, through notice in the Federal Register, a science-based national inventory of the oil and gas reserves and potential resources underlying Federal land and the outer Continental Shelf. (b) Contents.--The inventory shall-- (1) indicate what percentage of the oil and gas reserves and resources is currently available for leasing and development; and (2) specify the percentages of the reserves and resources that are on-- (A) land that is open for leasing as of the date of enactment of this Act that has never been leased; (B) land that is open for leasing or development subject to no surface occupancy stipulations; and (C) land that is open for leasing or development subject to other lease stipulations that have significantly impeded or prevented, or are likely to significantly impede or prevent, development; and (3) indicate the percentage of oil and gas resources that are not available for leasing or are withdrawn from leasing. (c) Public Comment.-- (1) In general.--The Secretary of the Interior shall invite public comment on the inventory to be filed not later than September 30, 2000. (2) Resource management decisions.--Specifically, the Secretary of the Interior shall invite public comment on the effect of Federal resource management decisions on past and future oil and gas development. (d) Report.-- (1) In general.--Not later than March 31, 2001, the Secretary of the Interior shall submit to the President of the Senate and the Speaker of the House of Representatives a report comprised of the revised inventory and responses to the public comments. (2) Contents.--The report shall specifically indicate what steps the Secretaries believe are necessary to increase the percentage of land open for development of oil and gas resources. TITLE IV--FEDERAL ROYALTY CERTAINTY SEC. 401. DEFINITIONS. In this title: (1) Marketable condition.--The term ``marketable condition'' means lease production that is sufficiently free from impurities and otherwise in a condition that the production will be accepted by a purchaser under a sales contract typical for the field or area. (2) Reasonable commercial rate.-- (A) In general.--The term ``reasonable commercial rate'' means-- (i) in the case of an arm's-length contract, the actual cost incurred by the lessee; or (ii) in the case of a non-arm's-length contract-- (I) the rate charged in a contract for similar services in the same area between parties with opposing economic interests; or (II) if there are no arm's-length contracts for similar services in the same area, the just and reasonable rate for the transportation service rendered by the lessee or lessee's affiliate. (B) Disputes.--Disputes between the Secretary and a lessee over what constitutes a just and reasonable rate for such service shall be resolved by the Federal Energy Regulatory Commission. SEC. 402. AMENDMENT OF OUTER CONTINENTAL SHELF LANDS ACT. Section 8(b)(3) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(b)(3)) is amended by striking the semicolon at the end and adding the following: ``Provided: That if the payment is in value or amount, the royalty due in value shall be based on the value of oil or gas production at the lease in marketable condition, and the royalty due in amount shall be based on the royalty share of production at the lease; if the payment in value or amount is calculated from a point away from the lease, the payment shall be adjusted for quality and location differentials, and the lessee shall be allowed reimbursements at a reasonable commercial rate for transportation (including transportation to the point where the production is put in marketable condition), marketing, processing, and other services beyond the lease through the point of sale, other disposition, or delivery;''. SEC. 403. AMENDMENT OF MINERAL LEASING ACT. Section 17(c) of the Act of February 25, 1920 (30 U.S.C. 226(c)) (commonly known as the ``Mineral Leasing Act''), is amended by adding at the end the following: ``(3) Royalty due in value.-- ``(A) In general.--Royalty due in value shall be based on the value of oil or gas production at the lease in marketable condition, and the royalty due in amount shall be based on the royalty share of production at the lease. ``(B) Calculation of value or amount from a point away from a lease.--If the payment in value or amount is calculated from a point away from the lease-- ``(i) the payment shall be adjusted for quality and location differentials; and ``(ii) the lessee shall be allowed reimbursements at a reasonable commercial rate for transportation (including transportation to the point where the production is put in marketable condition), marketing, processing, and other services beyond the lease through the point of sale, other disposition, or delivery;''. SEC. 404. INDIAN LAND. This title shall not apply with respect to Indian land. TITLE V--ROYALTY REINVESTMENT IN AMERICA SEC. 501. ROYALTY INCENTIVE PROGRAM. (a) In General.--To encourage exploration and development expenditures on Federal land and the outer Continental Shelf for the development of oil and gas resources when the cash price of West Texas Intermediate crude oil, as posted on the Dow Jones Commodities Index chart is less than $18 per barrel for 90 consecutive pricing days or when natural gas prices as delivered at Henry Hub, Louisiana, are less than $2.30 per million British thermal units for 90 consecutive days, the Secretary shall allow a credit against the payment of royalties on Federal oil production and gas production, respectively, in an amount equal to 20 percent of the capital expenditures made on exploration and development activities on Federal oil and gas leases. (b) No Crediting Against Onshore Federal Royalty Obligations.--In no case shall such capital expenditures made on Outer Continental Shelf leases be credited against onshore Federal royalty obligations. SEC. 502. MARGINAL WELL PRODUCTION INCENTIVES. To enhance the economics of marginal oil and gas production by increasing the ultimate recovery from marginal wells when the cash price of West Texas Intermediate crude oil, as posted on the Dow Jones Commodities Index chart is less than $18 per barrel for 90 consecutive pricing days or when natural gas prices are delivered at Henry Hub, Louisiana, are less than $2.30 per million British thermal units for 90 consecutive days, the Secretary shall reduce the royalty rate as production declines for-- (1) onshore oil wells producing less than 30 barrels per day; (2) onshore gas wells producing less than 120 million British thermal units per day; (3) offshore oil well producing less than 300 barrels of oil per day; and (4) offshore gas wells producing less than 1,200 million British thermal units per day. SEC. 503. SUSPENSION OF PRODUCTION ON OIL AND GAS OPERATIONS. (a) In General.--Any person operating an oil well under a lease issued under the Act of February 25, 1920 (commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.) may submit a notice to the Secretary of the Interior of suspension of operation and production at the well. (b) Production Quantities Not a Factor.--A notice under subsection (a) may be submitted without regard to per day production quantities at the well and without regard to the requirements of subsection (a) of section 3103.4-4 of title 43 of the Code of Federal Regulations (or any successor regulation) respecting the granting of such relief, except that the notice shall be submitted to an office in the Department of the Interior designated by the Secretary of the Interior. (c) Period of Relief.--On submission of a notice under subsection (a) for an oil well, the operator of the well may suspend operation and production at the well for a period beginning on the date of submission of the notice and ending on the later of-- (1) the date that is 2 years after the date on which the suspension of operation and production commences; or (2) the date on which the cash price of West Texas Intermediate crude oil, as posted on the Dow Jones Commodities Index chart is greater than $15 per barrel for 90 consecutive pricing days. <all>

usgpo

2024-06-24T03:06:04.001568

BILLS-106s1053is

To amend the Clean Air Act to incorporate certain provisions of the transportation conformity regulations, as in effect on March 1, 1999.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1053 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1053 To amend the Clean Air Act to incorporate certain provisions of the transportation conformity regulations, as in effect on March 1, 1999. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 14, 1999 Mr. Bond introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To amend the Clean Air Act to incorporate certain provisions of the transportation conformity regulations, as in effect on March 1, 1999. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DETERMINATION OF TRANSPORTATION CONFORMITY. Section 176(c) of the Clean Air Act (42 U.S.C. 7506(c)) is amended by adding at the end the following: ``(6) Determination of transportation conformity.-- Notwithstanding any other provision of this section, the following provisions of title 40, Code of Federal Regulations, as in effect on March 1, 1999, are incorporated in this Act: section 93.102(a)(1), section 93.102(c), section 93.118(e)(1), section 93.120(a)(2), section 93.121(a)(1), and section 93.124(b).''. <all>

usgpo

2024-06-24T03:06:04.076490

BILLS-106s1052is

Northern Mariana Islands Covenant Implementation Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1052 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1052 To implement further the Act (Public Law 94-241) approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 13, 1999 Mr. Murkowski (for himself, Mr. Akaka, and Mr. Bingaman) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources _______________________________________________________________________ A BILL To implement further the Act (Public Law 94-241) approving the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Northern Mariana Islands Covenant Implementation Act''. SEC. 2. IMMIGRATION REFORM FOR THE COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS. (a) Amendments to Act Approving the Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America.--Public Law 94-241 (90 Stat. 263), as amended, is further amended by adding at the end thereof the following: ``SEC. 6. TRANSITION PROGRAM. ``(a) Attorney General Findings.-- ``(1) Minimum standards.--Within ninety days after the date of enactment of the Northern Mariana Islands Covenant Implementation Act, the Attorney General shall determine, and publish by notice in the Federal Register, minimum standards that the Attorney General deems necessary to ensure an effective system of immigration control for the Commonwealth of the Northern Mariana Islands. The determination of such minimum standards shall rest within the sole discretion of the Attorney General, shall not be subject to the rulemaking requirements of the Administrative Procedure Act (5 U.S.C. 533-557), and may be reviewed solely pursuant to paragraph (3) of this subsection. ``(2) Findings.--One year after the date of enactment of the Northern Mariana Islands Covenant Implementation Act, or, if applicable, ninety days after the issuance of a final judicial determination pursuant to paragraph (3), whichever is later, the Attorney General, after consultation with the Government of the Commonwealth of the Northern Mariana Islands, shall make the following findings: ``(A) whether the Government of the Commonwealth of the Northern Mariana Islands possesses the institutional capability to administer an effective system of immigration control, consistent with the minimum standards established under paragraph (1), and ``(B) if the Attorney General determines that the Government of the Commonwealth of the Northern Marianas possesses such institutional capability, whether the Government of the Commonwealth of the Northern Mariana Islands has demonstrated a genuine commitment to enforce an effective system of immigration control consistent with the minimum standards established under paragraph (1). The findings by the Attorney General regarding the institutional capability of the Government of the Commonwealth of the Northern Mariana Islands, and if applicable, the genuine commitment of the Government of the Commonwealth of the Northern Mariana Islands to enforce an effective system of immigration control shall be published in the Federal Register in a timely manner. ``(3) Accelerated judicial review of minimum standards.-- Except for review in the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any complaint of the Government of the Commonwealth of the Northern Mariana Islands seeking review of the minimum standards established under paragraph (1). No other person or entity shall have the right to seek review of these minimum standards. For purposes of this paragraph, a petition for review will be deemed to have been timely filed only if it is made within ninety days after publication of the standards in the Federal Register. It shall be the duty of the reviewing court to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this paragraph. In the event that there is issued a final judicial determination invalidating the minimum standards, the Attorney General shall have published in the Federal Register new minimum standards within ninety days of such final judicial determination. Such new minimum standards shall be reviewable solely pursuant to this paragraph. ``(4) Accelerated judicial review of the findings of the attorney general.--The findings of the Attorney General described in subparagraphs (A) and (B) of paragraph (2) shall be deemed to be final upon publication in the Federal Register, unless the Government of the Commonwealth of the Northern Mariana Islands seeks review of these findings by filing a timely petition for review, pursuant to this paragraph, with the United States Court of Appeals for the District of Columbia Circuit. No other person or entity shall have the right to seek review of the findings of the Attorney General. For purposes of this paragraph, a petition for review will be deemed to have been timely filed only if it is made within ninety days of publication of the findings of the Attorney General in the Federal Register. Except for review in the Supreme Court of the United States, the United States Court of Appeals for the District of Columbia Circuit shall have original and exclusive jurisdiction over any review of the findings of the Attorney General. It shall be the duty of the reviewing court to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under this paragraph. In the event that there is issued a final judicial determination upholding the findings of the Attorney General, then the provisions of subsections (b) through (j) shall take effect 180 days after the date of such a final judicial determination. In the event that there is a final judicial determination invalidating the findings of the Attorney General, subject to subparagraph (6), then the provisions of subsections (b) through (j) shall not take effect. Nothing in this paragraph shall limit the authority of the Attorney General to make new findings pursuant to paragraph (2)(B) at any time after such a final judicial determination. ``(5) Effective date.--Subject to paragraphs (4) and (6), if the Attorney General finds either that the Commonwealth of the Northern Mariana Islands does not have the institutional capability to meet the minimum standards described in paragraph (2)(A) or has not demonstrated a genuine commitment to enforce an effective system of immigration control consistent with the minimum standards in paragraph (2)(B), then subsections (b) through (j) shall take effect 180 days after the finding is published. If the Attorney General determines that the Government of the Commonwealth of the Northern Mariana Islands has such institutional capability and genuine commitment, subject to paragraph (6), then the provisions of subsections (b) through (j) shall not take effect. ``(6) Subsequent findings.--If the Attorney General finds that the Government of the Commonwealth of the Northern Mariana Islands meets the requirements of subparagraphs (A) and (B) of paragraph (2), the Attorney General, every three years thereafter, shall make findings with respect to whether the Government of the Commonwealth of the Northern Mariana Islands continues to meet the requirements of such subparagraphs. The subsequent findings of the Attorney General shall be reviewable solely pursuant to paragraph (4). ``(b) Application of the Immigration and Nationality Act and Establishment of a Transition Program.--Except as provided in subsection (c), the provisions of the Immigration and Nationality Act (8 U.S.C. 1101) shall apply to the Commonwealth of the Northern Mariana Islands: Provided, That there shall be a transition period not to exceed ten years following the effective date of the provisions of subsections (b) through (j) of this section (except for subsection (e)(2)(I), if needed), during which the Attorney General, in consultation with the Secretaries of State, Labor, and the Interior, shall establish, administer, and enforce a transition program for immigration to the Commonwealth of the Northern Mariana Islands (the ``transition program''). The transition program established pursuant to this section shall provide for the issuance of nomimmigrant temporary alien worker visas pursuant to subsection (d), and, under the circumstances set forth in subsection (e), for family-sponsored and employment-based immigrant visas. The transition program shall be implemented pursuant to regulations to be promulgated as appropriate by each agency having responsibilities under the transition program. ``(c) Exemption From Numerical Limitations for H-2B Temporary Workers.--An alien, if otherwise qualified, may seek admission to the Commonwealth of the Northern Mariana Islands as a temporary worker under section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)) without regard to the numerical limitations set forth in section 214(g) of such Act (8 U.S.C. 1184 (g)). ``(d) Temporary Alien Workers.--The transition program shall conform to the following requirements with respect to temporary alien workers who would otherwise not be eligible for nonimmigrant classification under the Immigration and Nationality Act: ``(1) Aliens admitted under this subsection shall have the same privileges as nonimmigrants under section 101(a)(15) of the Immigration and Nationality Act (8 US.C. 1258), including the ability to apply, if otherwise eligible, for a change of nonimmigrant status under section 248 of such Act (8 U.S.C. 1258), or adjustment of status, if eligible therefor, under this section and section 245(e) of such Act (8 U.S.C. 1255(e)). ``(2)(A) The Secretary of Labor shall establish, administer, and enforce a system for allocating and determining the number, terms, and conditions of permits to be issued to prospective employers for each temporary alien worker who would not otherwise be eligible for admission under the Immigration and Nationality Act. This system shall provide for a reduction in the allocation of permits for such workers on an annual basis, to zero, over a period not to exceed ten years. In no event shall a permit be valid beyond the expiration of the transition period. This system may be based on any reasonable method and criteria determined by the Secretary of Labor to promote the maximum use of, and to prevent adverse effects on wages and working conditions of, persons authorized to work in the United States under section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a), and lawfully admissible freely associated state citizen labor. ``(B) The Secretary of Labor is authorized to establish and collect appropriate user fees for the purpose of this section. Amounts collected pursuant to this section shall be deposited in a special fund of the Treasury. Such amounts shall be available, to the extent and in the amounts as provided in advance in appropriations acts, for the purposes of administering this section. Such amounts are authorized to be appropriated to remain available until expended. ``(3) The Attorney General shall set the conditions for admission of nonimmigrant temporary alien workers under the transition program, and the Secretary of State shall authorize the issuance of nonimmigrant visas for aliens to engage in employment only as authorized in this subsection: Provided, That such visas shall not be valid for admission to the United States, as defined in section 101(a)(38) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(38)), except the Commonwealth of the Northern Mariana Islands. An alien admitted to the Commonwealth of the Northern Mariana Islands on the basis of such a nonimmigrant visa shall be permitted to engage in employment only as authorized pursuant to the transition program. No alien shall be granted nonimmigrant classification or a visa under this subsection unless the permit requirements established under paragraph (2) have been met. ``(4) An alien admitted as a nonimmigrant pursuant to this subsection shall be permitted to transfer between employers in the Commonwealth of the Northern Mariana Islands during the period of such alien's authorized stay therein to the extent that such transfer is authorized by the Attorney General in accordance with criteria established by the Attorney General and the Secretary of Labor. ``(e) Immigrants.--With the exception of immediate relatives (as defined in section 201(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1151(b)(2)) and, except as provided in paragraphs (1) and (2), no alien shall be granted initial admission as a lawful permanent resident of the United States at a port-of-entry in the Commonwealth of the Northern Mariana Islands, or at a port-of-entry in Guam for the purpose of immigrating to the Commonwealth of the Northern Mariana Islands. ``(1) Family-sponsored immigrant visas.--The Attorney General, based on a joint recommendation of the Governor and Legislature of the Commonwealth of the Northern Mariana Islands, and in consultation with appropriate federal agencies, may establish a specific number of additional initial admissions as a family-sponsored immigrant at a port-of-entry in the Commonwealth of the Northern Mariana Islands, or at a port-of-entry in Guam for the purpose of immigrating to the Commonwealth of the Northern Mariana Islands, pursuant to sections 202 and 203(a) of the Immigration and Nationality Act (8 U.S.C. 1152 and 1153(a)) during the following fiscal year. ``(2) Employment-based immigrant visas.-- ``(A) If the Secretary of Labor, upon receipt of a joint recommendation of the Governor and Legislature of the Commonwealth of the Northern Mariana Islands, finds that exceptional circumstances exist with respect to the inability of employers in the Commonwealth of the Northern Mariana Islands to obtain sufficient work- authorized labor, the Attorney General may establish a specific number of employment-based immigrant visas to be made available during the following fiscal year under section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)). ``(B) Upon notification by the Attorney General that a number has been established pursuant to subparagraph (A), the Secretary of State may allocate up to that number of visas without regard to the numerical limitations set forth in sections 202 and 203(b)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1152 and 1153(b)(3)(B)). Visa numbers allocated under this subparagraph shall be allocated first from the number of visas available under section 203(b)(3) of such Act (8 U.S.C. 1153(b)(3)), or, if such visa numbers are not available, from the number of visas available under section 203(b)(5) of such Act (8 U.S.C. 1153(b)(5)). ``(C) Persons granted employment-based immigrant visas under the transition program may be admitted initially at a port-of-entry in the Commonwealth of the Northern Mariana Islands, or at a port-of-entry in Guam for the purpose of immigrating to the Commonwealth of the Northern Mariana Islands, as lawful permanent residents of the United States. ``(D) Any immigrant visa issued pursuant to this paragraph shall be valid only for application for initial admission to the Commonwealth of the Northern Mariana Islands. The admission of any alien pursuant to such an immigrant visa shall be an admission for lawful permanent residence and employment only in the Commonwealth of the Northern Mariana Islands during the first five years after such admission. Such admission shall not authorize permanent residence or employment in any other part of the United States during such five-year period. An alien admitted for permanent residence pursuant to this paragraph shall be issued appropriate documentation identifying the person as having been admitted pursuant to the terms and conditions of this transition program, and shall be required to comply with a system for the registration and reporting of aliens admitted for permanent residence under the transition program, to be established by the Attorney General, by regulation, consistent with the Attorney General's authority under Chapter 7 of Title II of the Immigration and Nationality Act (8 U.S.C. 1301-1306). ``(E) Nothing in this paragraph shall preclude an alien who has obtained lawful permanent resident status pursuant to this paragraph from applying, if otherwise eligible under this section and under the Immigration and Nationality Act for an immigrant visa or admission as a lawful permanent resident under the Immigration and Nationality Act. ``(F) Any alien admitted under this subsection, who violates the provisions of this paragraph, or who is found removable or inadmissible under section 237(a) (8 U.S.C. 1227 (a)), or paragraphs (1), (2), (3), (4)(A), (4)(B), (6), (7), (8), or (9) of section 212(a) (8 U.S.C. 1182(a)), shall be removed from the United States pursuant to sections 239, 240, and 241 of the Immigration and Nationality Act (8 U.S.C. 1229, 1230, and 1231). ``(G) The Attorney General may establish by regulation a procedure by which an alien who has obtained lawful permanent resident status pursuant to this paragraph may apply for a waiver of the limitations on the terms and conditions of such status. The Attorney General may grant the application for waiver, in the discretion of the Attorney General, if-- ``(i) the alien is not in removal proceedings, ``(ii) the alien has been a person of good moral character for the preceding five years, ``(iii) the alien has not violated the terms and conditions of the alien's permanent resident status, and ``(iv) the alien would suffer exceptional and extremely unusual hardship were such terms and conditions not waived. ``(H) The limitations on the terms and conditions of an alien's permanent residence set forth in this paragraph shall expire at the end of five years after the alien's admission to the Commonwealth of the Northern Mariana Islands as a permanent resident and the alien is thereafter fully subject to the provisions of the Immigration and Nationality Act. Following the expiration of such limitations, the permanent resident alien may engage in any lawful activity, including employment, anywhere in the United States. Such an alien, if otherwise eligible for naturalization, may count the five-year period in the Commonwealth of the Northern Mariana Islands towards time in the United States for purposes of meeting the residence requirements of Title III of the Immigration and Nationality Act. ``(I) Special provision to ensure adequate employment in the hotel industry after the transition period ends.--During the fiscal year preceding the ninth anniversary of the effective date of this subsection, and in the fourth year of any extension thereafter, the Attorney General and the Secretary of Labor shall consult with the Governor of the Commonwealth of the Northern Mariana Islands to ascertain the current and future labor needs of the hotel industry in the Commonwealth of the Northern Mariana Islands, and to determine whether a five-year extension of the provisions of this paragraph would be necessary to ensure an adequate number of workers in the hotel industry. If the Attorney General and Secretary of Labor determine that such an extension is necessary to ensure an adequate number of workers in the hotel industry, the Attorney General shall provide notice by publication in the Federal Register that the provisions of this paragraph will be extended for a five-year period with respect to the hotel industry only. The Attorney General may authorize further extensions of this paragraph with respect to the hotel industry in the Commonwealth of the Northern Mariana Islands if, after the Attorney General and the Secretary of Labor have consulted with the Governor of the Commonwealth of the Northern Mariana Islands, the Attorney General determines that a further extension is required to ensure an adequate number of workers in the hotel industry in the Commonwealth of the Northern Mariana Islands. ``(f) Nonimmigrant Investor Visas.-- ``(1) Notwithstanding the treaty requirements in section 101(a)(15)(e) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)), the Attorney General may, upon the application of the alien classify an alien as a nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) if the alien-- ``(A) has been admitted to the Commonwealth of the Northern Mariana Islands in long-term investor status under the immigration laws of the Commonwealth of the Northern Mariana Islands on or before the effective date of this subsection; ``(B) has continuously maintained residence in the Commonwealth of the Northern Mariana Islands under long-term investor status; ``(C) is otherwise admissible; and ``(D) maintains the investment or investments that formed the basis for such long-term investor status. ``(2) Within 180 days after the effective date of this subsection, the Attorney General and the Secretary of State shall jointly publish regulations in the Federal Register to implement this subsection. ``(3) The Attorney General shall treat an alien that meets the requirements of paragraph (1) as a nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(E)(ii)) until the regulations implementing this subsection are published. ``(g) Persons Lawfully Admitted Under the Commonwealth of the Northern Mariana Islands Immigration Law.--Notwithstanding subsection (d) of this section, persons who would have been lawfully present in the Commonwealth of the Northern Mariana Islands pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands on the effective date of this subsection, shall be permitted to remain in the Commonwealth of the Northern Mariana Islands for the completion of the period of admission under such laws, or for two years, whichever is less. ``(h) Travel Restrictions for Certain Applicants for Asylum.--Any alien admitted to the Commonwealth of the Northern Mariana Islands pursuant to the immigration laws of the Commonwealth of the Northern Mariana Islands or pursuant to subsections (d) or (e) of this section who files an application seeking asylum in the United States shall be required, pursuant to regulations established by the Attorney General, to remain in the Commonwealth of the Northern Mariana Islands, during the period of time the application is being adjudicated or during any appeals filed subsequent to such adjudication. An applicant for asylum who, during the time his application is being adjudicated or during any appeals filed subsequent to such adjudication, leaves the Commonwealth of the Northern Mariana Islands of his own will without prior authorization by the Attorney General thereby abandons the application. ``(i) Effect on Other Laws.--The provisions of this section and the Immigration and Nationality Act, as amended by the Northern Mariana Islands Covenant Implementation Act, shall supersede and replace all laws, provisions, or programs of the Commonwealth of the Northern Mariana Islands relating to the admission of aliens and the removal of aliens from the Commonwealth of the Northern Mariana Islands. ``(j) Accrual of Time for Purposes of Section 212(a)(9)(B) of the Immigration and Nationality Act, as Amended.--No time that an alien was present in violation of the laws of the Commonwealth of the Northern Mariana Islands shall be counted for purposes of the ground of inadmissibility in section 212(a)(9)(B) of the Immigration and Nationalities Act (8 U.S.C. 1182(a)(9)(B)) prior to the date of enactment of this subsection.'' (b) Conforming Amendments.--(1) Section 101(a) of the Immigration and Nationality Act (8 U.S.C. 101(a)) is amended: (A) in paragraph (36), by deleting ``and the Virgin Islands of the United States.'' and substituting ``the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.'', and; (B) in paragraph (38), by deleting ``and the Virgin Islands of the United States'' and substituting ``the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.''. (2) Section 212(1) of the Immigration and Nationality Act (8 U.S.C. 1182(1)) is amended-- (A) in paragraph (1)-- (i) by striking ``stay on Guam'', and inserting ``stay on Guam and the Commonwealth of the Northern Mariana Islands'', (ii) by inserting ``a total of'' after ``exceed'', and (iii) by striking the words ``after consultation with the Governor of Guam,'' and inserting ``after respective consultation with the Governor of Guam or the Governor of the Commonwealth of the Northern Mariana Islands,''; (B) in paragraph (1)(A), by striking ``on Guam'', and inserting ``on Guam or the Commonwealth of the Northern Mariana Islands, respectively.''. (C) in paragraph (2)(A), by striking ``into Guam'', and inserting ``into Guam or the Commonwealth of the Northern Mariana Islands, respectively,''; (D) in paragraph (3), by striking ``Government of Guam'' and inserting ``Government of Guam or the Government of the Commonwealth of the Northern Mariana Islands''. (3) The amendments to the Immigration and Naturalization Act made by this subsection shall take effect when sections 6(b) through 6(j) of Public Law 94-241 take effect. (c) Technical Assistance Program.--The Secretaries of Interior and Labor, in consultation with the Commonwealth of the Northern Mariana Islands, shall develop a program of technical assistance, including recruitment and training, to aid employers in securing employees from among United States labor or lawfully admissible freely associated state citizen labor. (d) Department of Justice and Department of Labor Operations.--The Attorney General and the Department of Labor are authorized to establish and maintain Immigration and Naturalization Service, Executive Office of Immigration Review, and Department of Labor operations in the Commonwealth of the Northern Mariana Islands for the purpose of performing their responsibilities under the Immigration and Nationality act, as amended, and under the transition program. To the extent practicable and consistent with the satisfactory performance of their assigned responsibilities under applicable law, the Departments of Justice and Labor shall recruit and hire from among qualified applicants resident in the Commonwealth of the Northern Mariana Islands for staffing such operations. (e) Report to the Congress.--The President shall report to the Senate Committee on Energy and Natural Resources, and the House Committee on Resources, within six months after the fifth anniversary of the enactment of this Act, evaluating the overall effect of the transition program and the Immigration and Nationality Act on the Commonwealth of the Northern Mariana Islands, and at other times as the President deems appropriate. (f) Limitation on Number of Temporary Workers Prior to Findings of the Attorney General or Application of the Immigration and Nationality Act, as Amended, and Establishment of the Transition Program.--During the period between enactment of this Act and either the date that the Attorney General finds that the Government of the Commonwealth of the Northern Mariana Islands possesses the institutional capability and genuine commitment to enforce an effective system of immigration control under section 6(a)(2) of Public Law 94-241 (as amended by this Act), or, if the Attorney General finds that the Government of the Commonwealth of the Northern Marianas fails to meet such conditions, the effective date of the transition program established under section 6 of such Act, the Government of the Commonwealth of the Northern Mariana Islands shall not permit an increase in the total number of temporary alien workers who are legally present in the Commonwealth of the Northern Mariana Islands on the date of enactment of this section. (g) Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section and of the Immigration and Nationality Act with respect to the Commonwealth of the Northern Mariana Islands. (h) Effective Date.--Subsections (c) through (g) of this section shall take effect when sections 6(b) through 6(j) of Public Law 94-241 take effect. <all>

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2024-06-24T03:06:04.098973

BILLS-106s1054is

Savings for Scholars Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1054 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1054 To amend the Internal Revenue Code of 1986 to enhance various tax incentives for education. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 14, 1999 Ms. Collins introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to enhance various tax incentives for education. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE. (a) Short Title.--This Act may be cited as the ``Savings for Scholars Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this title an amendment 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 provision of the Internal Revenue Code of 1986. SEC. 2. MODIFICATIONS TO EDUCATION INDIVIDUAL RETIREMENT ACCOUNTS. (a) Maximum Annual Contributions.-- (1) In general.--Section 530(b)(1)(A)(iii) (defining education individual retirement account) is amended by striking ``$500'' and inserting ``$2,000''. (2) Conforming amendment.--Section 4973(e)(1)(A) is amended by striking ``$500'' and inserting ``$2,000''. (b) Time When Contributions Deemed Made.--Section 530(b) (relating to definitions and special rules) is amended by adding at the end the following new paragraph: ``(4) Time when contributions deemed made.--A taxpayer 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 taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof).'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. SEC. 3. MODIFICATIONS TO QUALIFIED STATE TUITION PROGRAMS. (a) Beneficiary May Change Program.--Section 529(c)(3)(C) (relating to change in beneficiaries) is amended-- (1) in clause (i), by striking ``transferred to the credit'' and inserting ``transferred-- ``(I) to another qualified State tuition program for the benefit of the designated beneficiary, or ``(II) to the credit'', (2) by adding at the end the following new clause: ``(iii) Limitation on certain rollovers.-- Clause (i)(I) shall only apply to the first 3 transfers with respect to a designated beneficiary.'', and (3) in the heading, by inserting ``or programs'' after ``beneficiaries. (b) Member of Family Includes First Cousin.--Section 529(e)(2) (defining member of family) is amended by striking ``and'' at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and by inserting ``; and'', and by adding at the end the following new subparagraph: ``(D) any first cousin of such beneficiary.'' (c) Effective Date.--The amendments made by this section shall apply to distributions made after December 31, 1998, in taxable years ending after such date. SEC. 4. MODIFICATIONS TO HOPE AND LIFETIME LEARNING CREDITS. (a) Coordination With Education IRAs.--Subsection (e) of section 25A (relating to Hope and Lifetime Learning credits) is amended to read as follows: ``(e) Coordination With Exclusions.--The amount of qualified tuition and related expenses otherwise taken into account under subsection (a) with respect to an individual for an academic period shall be reduced (before the application of subsections (b), (c), (d), and (g)) by any distribution from an education individual retirement account for the benefit of such individual which is allocable to such period, to the extent such distribution is excludable from gross income under section 530(d)(2).'' (b) Effective Date.--The amendment made by this section shall apply to expenses paid after December 31, 1998, in taxable years ending after such date. <all>

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2024-06-24T03:06:04.193708

BILLS-106s1056is

Highway Tax Equity and Simplification Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [S. 1056 Introduced in Senate (IS)] 106th CONGRESS 1st Session S. 1056 To amend the Internal Revenue Code of 1986 to improve tax equity for the Highway Trust Fund and to reduce the number of separate taxes deposited into the Highway Trust Fund, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 14, 1999 Mr. Chafee introduced the following bill; which was read twice and referred to the Committee on Finance _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to improve tax equity for the Highway Trust Fund and to reduce the number of separate taxes deposited into the Highway Trust Fund, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Highway Tax Equity and Simplification Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress finds that-- (1) Congress should enact legislation to correct the distribution of the tax burden among the various classes of persons using the Federal-aid highways, or otherwise deriving benefits from such highways; (2) the most recent highway cost allocation study by the Department of Transportation found that owners of heavy trucks significantly underpay Federal highway user fees relative to the costs such vehicles impose on such highways, while owners of lighter trucks and cars overpay such fees; (3) pavement wear and tear is directly correlated with axle-weight loads and distance traveled, and to the maximum extent possible, Federal highway user fees should be structured based on this fundamental fact of use and resulting cost; (4) the current Federal highway user fee structure is not based on this fundamental fact of use and resulting cost; to the contrary-- (A) the 12-percent excise tax applied to the sales of new trucks has no significant relationship to pavement damage or road use and does the poorest job of improving tax equity, (B) the heavy vehicle use tax does not equitably apply to heavy trucks (such tax is capped with respect to trucks weighing over 75,000 pounds) and does not vary by annual mileage, thus 2 heavy trucks traveling 10,000 miles and 100,000 miles, respectively, pay the same heavy vehicle use tax, and (C) diesel fuel taxes do a poor job recovering pavement costs because such taxes only increase marginally with weight increases while pavement damage increases exponentially with weight, and increasing the rates for diesel fuel will not resolve this fundamental flaw; (5) truck taxes based on a combination of the weight of vehicles and the distance such trucks travel provide greater equity than a tax based on either of these 2 factors alone; and (6) the States generally have in place mechanisms for verifying the registered weight of trucks and the miles such trucks travel. (b) Purposes.--The purposes of this Act are-- (1) to replace the heavy vehicle use tax and all other Federal highway user charges (except fuel taxes) with a Federal weight-distance tax which is designed to yield at least equal revenues for highway purposes and to provide equity among highway users; and (2) to provide that such a tax be administered in cooperation with the States. SEC. 3. REPEAL AND REDUCTION OF CERTAIN HIGHWAY TRUST FUND TAXES. (a) Repeal of Heavy Vehicle Use Tax.--Subchapter D of chapter 36 of the Internal Revenue Code of 1986 (relating to tax on use of certain vehicles) is repealed. (b) Repeal of Tax on Heavy Trucks and Trailers Sold at Retail.-- Section 4051(c) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``October 1, 2005'' and inserting ``July 1, 2000''. (c) Repeal of Tax on Tires.--Section 4071(d) of the Internal Revenue Code of 1986 (relating to termination) is amended by striking ``October 1, 2005'' and inserting ``July 1, 2000''. (d) Reduction of Tax Rate on Diesel Fuel To Equal Rate on Gasoline.--Section 4081(a)(2)((A)(iii) of the Internal Revenue Code of 1986 (relating to rates of tax) is amended by striking ``24.3 cents'' and inserting ``18.3 cents''. (e) Conforming Amendments.-- (1) Section 4221(a) of the Internal Revenue Code of 1986 (relating to certain tax-free sales) is amended by striking ``October 1, 2005'' and inserting ``July 1, 2000''. (2) Subchapter A of chapter 62 of such Code (relating to place and due date for payment of tax) is amended by striking section 6156. (3) The table of sections for subchapter A of chapter 62 of such Code is amended by striking the item relating to section 6156. (4) Section 9503(b)(1) of such Code (relating to transfer to Highway Trust Fund of amounts equivalent to certain taxes) is amended by striking subparagraphs (B) and (C) and by redesignating subparagraphs (D) and (E) as subparagraphs (B) and (C), respectively SEC. 4. TAX ON USE OF CERTAIN VEHICLES BASED ON WEIGHT-DISTANCE RATE. (a) In General.--Chapter 36 of the Internal Revenue Code of 1986, as amended by section 3(a), is amended by adding at the end the following: ``Subchapter D--Tax on Use of Certain Vehicles ``Sec. 4481. Imposition of tax. ``Sec. 4482. Definitions. ``Sec. 4483. Exemptions. ``Sec. 4484. Cross references. ``SEC. 4481. IMPOSITION OF TAX. ``(a) Imposition of Tax.-- ``(1) In general.--A tax is hereby imposed on the use of any highway motor vehicle (either in a single unit or combination configuration) which, together with the semitrailers and trailers customarily used in connection with highway vehicles of the same type as such highway motor vehicle, has a taxable gross weight of over 25,000 pounds at the rate of-- ``(A) the cents per mile rate specified in the table contained in paragraph (2), or ``(B) in the case of a highway motor vehicle with a taxable gross weight in excess of the weight for the highest rate specified in such table for such vehicle, the cents per mile rate specified in paragraph (3). ``(2) Rate specified in table.--The table contained in this paragraph is as follows: -------------------------------------------------------------------------------------------------------------------------------------------------------- Cents Per Mile -------------------------------------------------------------------------------------------------------- Taxable Gross Weight in Thousands of Pounds 2-axle 3-axle 4-axle+ single single single 3-axle 4-axle 5-axle 6-axle 7-axle 8-axle+ unit unit unit combination combination combination combination combination combination -------------------------------------------------------------------------------------------------------------------------------------------------------- Over 25 to 30.................................. 0.50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Over 30 to 35.................................. 1.00 0.25 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Over 35 to 40.................................. 3.00 0.50 0.00 0.50 0.00 0.00 0.00 0.00 0.00 Over 40 to 45.................................. 5.00 1.50 0.50 1.00 0.00 0.00 0.00 0.00 0.00 Over 45 to 50.................................. 8.00 3.00 1.00 1.50 0.25 0.00 0.00 0.00 0.00 Over 50 to 55.................................. 12.00 6.00 2.00 2.50 0.50 0.25 0.00 0.00 0.00 Over 55 to 60.................................. 21.00 10.00 4.00 3.50 1.00 0.50 0.00 0.00 0.00 Over 60 to 65.................................. 30.00 17.00 7.00 5.00 2.50 1.00 0.25 0.00 0.00 Over 65 to 70.................................. ....... 25.00 10.00 7.50 4.00 2.00 0.50 0.00 0.00 Over 70 to 75.................................. ....... 33.00 14.00 11.00 5.50 3.00 1.25 0.00 0.00 Over 75 to 80.................................. ....... 41.00 19.00 17.00 7.50 3.75 2.00 0.00 0.00 Over 80 to 85.................................. ....... 50.00 24.00 25.00 13.00 7.00 4.00 0.50 0.00 Over 85 to 90.................................. ....... ....... 30.00 ........... 19.00 11.00 6.00 1.00 0.00 Over 90 to 95.................................. ....... ....... 36.00 ........... 25.00 15.00 8.50 1.50 0.25 Over 95 to 100................................. ....... ....... 42.00 ........... ........... 20.00 11.00 2.00 0.50 Over 100 to 105................................ ....... ....... 50.00 ........... ........... 25.00 14.00 3.50 1.00 Over 105 to 110................................ ....... ....... ....... ........... ........... 30.00 17.00 5.00 2.00 Over 110 to 115................................ ....... ....... ....... ........... ........... 35.00 20.00 7.00 3.00 Over 115 to 120................................ ....... ....... ....... ........... ........... ........... 23.00 9.00 4.00 Over 120 to 125................................ ....... ....... ....... ........... ........... ........... 26.00 11.00 6.00 Over 125 to 130................................ ....... ....... ....... ........... ........... ........... 29.00 13.00 8.00 Over 130 to 135................................ ....... ....... ....... ........... ........... ........... 32.00 15.00 10.00 Over 135 to 140................................ ....... ....... ....... ........... ........... ........... 35.00 17.00 12.00 Over 140 to 145................................ ....... ....... ....... ........... ........... ........... ........... 19.00 14.00 Over 145 to 150................................ ....... ....... ....... ........... ........... ........... ........... 21.00 16.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- ``(3) Rate specified in paragraph.--The cents per mile rate specified in this paragraph is as follows: ``(A) In the case of any single unit highway motor vehicle with 2 or more axles or any combination highway motor vehicle with 3 or 4 axles, the highest rate specified in the table contained in paragraph (2) for such vehicle, plus 10 cents per mile for each 5000 pounds (or fraction thereof) in excess of the taxable gross weight for such highest rate. ``(B) In the case of any combination highway motor vehicle with 5 or 6 axles, the highest rate specified in the table contained in paragraph (2) for such vehicle, plus 5 cents per mile for each 5000 pounds (or fraction thereof) in excess of the taxable gross weight for such highest rate. ``(C) In the case of any combination highway motor vehicle with 7 or more axles, the highest rate specified in the table contained in paragraph (2) for such vehicle, plus 2 cents per mile for each 5000 pounds (or fraction thereof) in excess of the taxable gross weight for such highest rate. ``(b) Determination of Number of Axles.--For purposes of this section-- ``(1) In general.--The total number of axles with respect to any highway motor vehicle shall be determined without regard to any variable load suspension axle, except if such axle meets the requirements of paragraph (2). ``(2) Eligibility requirements.--The requirements of this paragraph are as follows: ``(A) All controls with respect to the variable load suspension axle are located outside of and inaccessible from the driver's compartment of the highway motor vehicle. ``(B) The gross axle weight rating of all such axles with respect to the highway motor vehicle shall conform to the greater of-- ``(i) the expected loading of the suspension of such vehicle, or ``(ii) 9,000 pounds. ``(3) Variable load suspension axle defined.--The term `variable load suspension axle' means an axle upon which a load may be varied voluntarily while the highway motor vehicle is enroute, whether by air, hydraulic, mechanical, or any combination of such means. ``(4) Termination of exception.--The exception under paragraph (1) shall not apply after June 30, 2004. ``(c) Determination of Miles.-- ``(1) Use of certain toll facilities excluded.--For purposes of this section, the number of miles any highway motor vehicle is used shall be determined without regard to the miles involved in the use of a facility described in paragraph (2). ``(2) Toll facility.--A facility is described in this paragraph if such facility is a highway, bridge, or tunnel, the use of which is subject to a toll. ``(d) By Whom Paid.--The tax imposed by this section shall be paid by the person in whose name the highway motor vehicle is, or is required to be, registered under the law of the State or contiguous foreign country in which such vehicle is, or is required to be, registered, or, in case the highway motor vehicle is owned by the United States, by the agency or instrumentality of the United States operating such vehicle. ``(e) Time for Paying Tax.--The time for paying the tax imposed by subsection (a) shall be the time prescribed by the Secretary by regulations. ``(f) Period Tax in Effect.--The tax imposed by this section shall apply only to use before October 1, 2005. ``SEC. 4482. DEFINITIONS. ``(a) Highway Motor Vehicle.--For purposes of this subchapter, the term `highway motor vehicle' means any motor vehicle which is a highway vehicle. ``(b) Taxable Gross Weight.--For purposes of this subchapter-- ``(1) In general.--Except as provided in paragraph (2), the term `taxable gross weight' means, when used with respect to any highway motor vehicle, the maximum weight at which the highway motor vehicle is legally authorized to operate under the laws of the State in which it is registered. ``(2) Special permits.--If a State allows a highway motor vehicle to be operated for any period at a maximum weight which is greater than the weight determined under paragraph (1), its taxable gross weight for such period shall be such greater weight. ``(c) Other Definitions and Special Rule.--For purposes of this subchapter-- ``(1) State.--The term `State' means a State and the District of Columbia. ``(2) Use.--The term `use' means use in the United States on the public highways. ``SEC. 4483. EXEMPTIONS. ``(a) State and Local Government Exemption.--Under regulations prescribed by the Secretary, no tax shall be imposed by section 4481 on the use of any highway motor vehicle by any State or any political subdivision of a State. ``(b) Exemption for United States.--The Secretary may authorize exemption from the tax imposed by section 4481 as to the use by the United States of any particular highway motor vehicle, or class of highway motor vehicles, if the Secretary determines that the imposition of such tax with respect to such use will cause substantial burden or expense which can be avoided by granting tax exemption and that full benefit of such exemption, if granted, will accrue to the United States. ``(c) Certain Transit-Type Buses.--Under regulations prescribed by the Secretary, no tax shall be imposed by section 4481 on the use of any bus which is of the transit type (rather than of the intercity type) by a person who, for the last 3 months of the preceding year (or for such other period as the Secretary may by regulations prescribe for purposes of this subsection), met the 60-percent passenger fare revenue test set forth in section 6421(b)(2) (as in effect on the day before the day of the enactment of the Energy Tax Act of 1978) as applied to the period prescribed for the purposes of this subsection. ``(d) Termination of Exemptions.--Subsections (a) and (c) shall not apply on and after October 1, 2005. ``SEC. 4484. CROSS REFERENCES. ``(1) For penalties and administrative provisions applicable to this subchapter, see subtitle F. ``(2) For exemption for uses by Indian tribal governments (or their subdivisions), see section 7871.'' (b) Administration of Tax.--To the maximum extent possible, the Secretary of the Treasury shall administer the tax imposed by section 4481 of the Internal Revenue Code of 1986 (as added by this section)-- (1) in cooperation with the States and in coordination with State administrative and reporting mechanisms, and (2) through the use of the International Registration Plan and the International Fuel Tax Agreement. SEC. 5. COOPERATIVE TAX EVASION EFFORTS. The Secretary of Transportation is authorized to use funds authorized for expenditure under section 143 of title 23, United States Code, and administrative funds deducted under 104(a) of such title 23, to develop automated data processing tools and other tools or processes to reduce evasion of the tax imposed by section 4481 of the Internal Revenue Code of 1986 (as added by section 4(a)). These funds may be allocated to the Internal Revenue Service, States, or other entities. SEC. 6. STUDY. (a) In General.--The Secretary of Transportation, in consultation with the Secretary of the Treasury, shall conduct a study of-- (1) the tax equity of the various Federal taxes deposited into the Highway Trust Fund, (2) any modifications to the tax rates specified in section 4481 of the Internal Revenue Code of 1986 (as added by section 4(a)) to improve tax equity, and (3) the administration and enforcement under subsection (e) of the tax imposed by section 4481 of the Internal Revenue Code of 1986 (as so added). (b) Report.--Not later than July 1, 2002, and July 1 of every fourth year thereafter, the Secretary of Transportation shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the study conducted under subsection (a) together with-- (1) recommended tax rate schedules developed under subsection (a)(2), and (2) such recommendations as the Secretary may deem advisable to make the administration and enforcement described in subsection (a)(3) more equitable. SEC. 7. EFFECTIVE DATE AND FLOOR STOCK REFUNDS. (a) Effective Date.--The amendments made by this Act shall take effect on July 1, 2000. (b) Floor Stock Refunds.-- (1) In general.--If-- (A) before July 1, 2000, tax has been imposed under section 4071 or 4081 of the Internal Revenue Code of 1986 on any article, and (B) on such date such article is held by a dealer and has not been used and is intended for sale, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the ``taxpayer'') an amount equal to the excess of the tax paid by the taxpayer over the amount of such tax which would be imposed on such article had the taxable event occurred on such date. (2) Time for filing claims.--No credit or refund shall be allowed or made under this subsection unless-- (A) claim therefore is filed with the Secretary of the Treasury before January 1, 2001, and (B) in any case where an article is held by a dealer (other than the taxpayer) on July 1, 2000-- (i) the dealer submits a request for refund or credit to the taxpayer before October 1, 2000, and (ii) the taxpayer has repaid or agreed to repay the amount so claimed to such dealer or has obtained the written consent of such dealer to the allowance of the credit or the making of the refund. (3) Exception for articles held in retail stocks.--No credit or refund shall be allowed under this subsection with respect to any article in retail stocks held at the place where intended to be sold at retail. (4) Definitions.--For purposes of this subsection, the terms ``dealer'' and ``held by a dealer'' have the respective meanings given to such terms by section 6412 of such Code; except that the term ``dealer'' includes a producer. (5) Certain rules to apply.--Rules similar to the rules of subsections (b) and (c) of section 6412 of such Code shall apply for purposes of this subsection. <all>

usgpo

2024-06-24T03:06:04.260655