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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Electric Reliability Improvement Act
of 2003''.
SEC. 2. ELECTRIC RELIABILITY STANDARDS.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended
by inserting the following new section at the end thereof:
``SEC. 215. ELECTRIC RELIABILITY.
``(a) Definitions.--For purposes of this section--
``(1) The term `bulk-power system' means--
``(A) facilities and control systems necessary for
operating an interconnected electric energy
transmission network (or any portion thereof); and
``(B) electric energy from generation facilities
needed to maintain transmission system reliability.
The term does not include facilities used in the local
distribution of electric energy.
``(2) The terms `Electric Reliability Organization' and
`ERO' mean the organization certified by the Commission under
subsection (c) the purpose of which is to establish and enforce
reliability standards for the bulk-power system, subject to
Commission review.
``(3) The term `reliability standard' means a requirement,
approved by the Commission under this section, to provide for
reliable operation of the bulk-power system. The term includes
requirements for the operation of existing bulk-power system
facilities and the design of planned additions or modifications
to such facilities to the extent necessary to provide for
reliable operation of the bulk-power system, but the term does
not include any requirement to enlarge such facilities or to
construct new transmission capacity or generation capacity.
``(4) The term `reliable operation' means operating the
elements of the bulk-power system within equipment and electric
system thermal, voltage, and stability limits so that
instability, uncontrolled separation, or cascading failures of
such system will not occur as a result of a sudden disturbance
or unanticipated failure of system elements.
``(5) 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 system to maintain reliable
operation of the facilities within their control.
``(6) The term `transmission organization' means a regional
transmission organization, independent system operator,
independent transmission provider, or other transmission
organization finally approved by the Commission for the
operation of transmission facilities.
``(7) The term `regional entity' means an entity having
enforcement authority pursuant to subsection (e)(4).
``(b) Jurisdiction and Applicability.--(1) The Commission shall
have jurisdiction, within the United States, over the ERO certified by
the Commission under subsection (c), any regional entities, and all
users, owners and operators of the bulk-power system, including but not
limited to the entities described in section 201(f), for purposes of
approving reliability standards established under this section and
enforcing compliance with this section. All users, owners and operators
of the bulk-power system shall comply with reliability standards that
take effect under this section.
``(2) The Commission shall issue a final rule to implement the
requirements of this section not later than 180 days after the date of
enactment of this section.
``(c) Certification.--Following the issuance of a Commission rule
under subsection (b)(2), any person may submit an application to the
Commission for certification as the Electric Reliability Organization
(ERO). The Commission may certify one such ERO if the Commission
determines that such ERO--
``(1) has the ability to develop and enforce, subject to
subsection (e)(2), reliability standards that provide for an
adequate level of reliability of the bulk-power system; and
``(2) has established rules that--
``(A) assure its independence of the users and
owners and operators of the bulk-power system, while
assuring fair stakeholder representation in the
selection of its directors and balanced decisionmaking
in any ERO committee or subordinate organizational
structure;
``(B) allocate equitably reasonable dues, fees, and
other charges among end users for all activities under
this section;
``(C) provide fair and impartial procedures for
enforcement of reliability standards through the
imposition of penalties in accordance with subsection
(e) (including limitations on activities, functions, or
operations, or other appropriate sanctions);
``(D) provide for reasonable notice and opportunity
for public comment, due process, openness, and balance
of interests in developing reliability standards and
otherwise exercising its duties; and
``(E) provide for taking, after certification,
appropriate steps to gain recognition in Canada and
Mexico.
``(d) Reliability Standards.--(1) The Electric Reliability
Organization shall file each reliability standard or modification to a
reliability standard that it proposes to be made effective under this
section with the Commission.
``(2) The Commission may approve, by rule or order, a proposed
reliability standard or modification to a reliability standard if it
determines that the standard is just, reasonable, not unduly
discriminatory or preferential, and in the public interest. The
Commission shall give due weight to the technical expertise of the
Electric Reliability Organization with respect to the content of a
proposed standard or modification to a reliability standard and to the
technical expertise of a regional entity organized on an
Interconnection-wide basis with respect to a reliability standard to be
applicable within that Interconnection, but shall not defer with
respect to the effect of a standard on competition. A proposed standard
or modification shall take effect upon approval by the Commission.
``(3) The Electric Reliability Organization shall rebuttably
presume that a proposal from a regional entity organized on an
Interconnection-wide basis for a reliability standard or modification
to a reliability standard to be applicable on an Interconnection-wide
basis is just, reasonable, and not unduly discriminatory or
preferential, and in the public interest.
``(4) The Commission shall remand to the Electric Reliability
Organization for further consideration a proposed reliability standard
or a modification to a reliability standard that the Commission
disapproves in whole or in part.
``(5) The Commission, upon its own motion or upon complaint, may
order the Electric Reliability Organization to submit to the Commission
a proposed reliability standard or a modification to a reliability
standard that addresses a specific matter if the Commission considers
such a new or modified reliability standard appropriate to carry out
this section.
``(6) The final rule adopted under subsection (b)(2) shall include
fair processes for the identification and timely resolution of any
conflict between a reliability standard and any function, rule, order,
tariff, rate schedule, or agreement accepted, approved, or ordered by
the Commission applicable to a transmission organization. Such
transmission organization shall continue to comply with such function,
rule, order, tariff, rate schedule or agreement accepted approved, or
ordered by the Commission until--
``(A) the Commission finds a conflict exists between a
reliability standard and any such provision;
``(B) the Commission orders a change to such provision
pursuant to section 206 of this part; and
``(C) the ordered change becomes effective under this part.
If the Commission determines that a reliability standard needs to be
changed as a result of such a conflict, it shall order the ERO to
develop and file with the Commission a modified reliability standard
under paragraph (4) or (5) of this subsection.
``(e) Enforcement.--(1) The ERO may impose, subject to paragraph
(2), a penalty on a user or owner or operator of the bulk-power system
for a violation of a reliability standard approved by the Commission
under subsection (d) if the ERO, after notice and an opportunity for a
hearing--
``(A) finds that the user or owner or operator has violated
a reliability standard approved by the Commission under
subsection (d); and
``(B) files notice and the record of the proceeding with
the Commission.
``(2) A penalty imposed under paragraph (1) may take effect not
earlier than the 31st day after the electric reliability organization
files with the Commission notice of the penalty and the record of
proceedings. Such penalty shall be subject to review by the Commission,
on its own motion or upon application by the user, owner or operator
that is the subject of the penalty filed within 30 days after the date
such notice is filed with the Commission. Application to the Commission
for review, or the initiation of review by the Commission on its own
motion, shall not operate as a stay of such penalty unless the
Commission otherwise orders upon its own motion or upon application by
the user, owner or operator that is the subject of such penalty. In any
proceeding to review a penalty imposed under paragraph (1), the
Commission, after notice and opportunity for hearing (which hearing may
consist solely of the record before the electric reliability
organization and opportunity for the presentation of supporting reasons
to affirm, modify, or set aside the penalty), shall by order affirm,
set aside, reinstate, or modify the penalty, and, if appropriate,
remand to the electric reliability organization for further
proceedings. The Commission shall implement expedited procedures for
such hearings.
``(3) On its own motion or upon complaint, the Commission may order
compliance with a reliability standard and may impose a penalty against
a user or owner or operator of the bulk-power system, if the Commission
finds, after notice and opportunity for a hearing, that the user or
owner or operator of the bulk-power system has engaged or is about to
engage in any acts or practices that constitute or will constitute a
violation of a reliability standard.
``(4) The Commission shall establish regulations authorizing the
ERO to enter into an agreement to delegate authority to a regional
entity for the purpose of proposing reliability standards to the ERO
and enforcing reliability standards under paragraph (1) if--
``(A) the regional entity is governed by--
``(i) an independent board;
``(ii) a balanced stakeholder board; or
``(iii) a combination independent and balanced
stakeholder board.
``(B) the regional entity otherwise satisfies the
provisions of subsection (c)(1) and (2); and
``(C) the agreement promotes effective and efficient
administration of bulk-power system reliability.
The Commission may modify such delegation. The ERO and the Commission
shall rebuttably presume that a proposal for delegation to a regional
entity organized on an Interconnection-wide basis promotes effective
and efficient administration of bulk-power system reliability and
should be approved. Such regulation may provide that the Commission may
assign the ERO's authority to enforce reliability standards under
paragraph (1) directly to a regional entity consistent with the
requirements of this paragraph.
``(5) The Commission may take such action as is necessary or
appropriate against the ERO or a regional entity to ensure compliance
with a reliability standard or any Commission order affecting the ERO
or a regional entity.
``(6) Any penalty imposed under this section shall bear a
reasonable relation to the seriousness of the violation and shall take
into consideration the efforts of such user, owner, or operator to
remedy the violation in a timely manner.
``(f) Changes in Electricity Reliability Organization Rules.--The
Electric Reliability Organization shall file with the Commission for
approval any proposed rule or proposed rule change, accompanied by an
explanation of its basis and purpose. The Commission, upon its own
motion or complaint, may propose a change to the rules of the Electric
Reliability Organization. A proposed rule or proposed rule change shall
take effect upon a finding by the Commission, after notice and
opportunity for comment, that the change is just, reasonable, not
unduly discriminatory or preferential, is in the public interest, and
satisfies the requirements of subsection (c).
``(g) Reliability Reports.--The Electric Reliability Organization
shall conduct periodic assessments of the reliability and adequacy of
the bulk-power system in North America.
``(h) Coordination With Canada and Mexico.--The President is urged
to negotiate international agreements with the governments of Canada
and Mexico to provide for effective compliance with reliability
standards and the effectiveness of the Electric Reliability
Organization in the United States and Canada or Mexico.
``(i) Savings Provisions.--(1) The Electric Reliability
Organization shall have authority to develop and enforce compliance
with reliability standards for only the bulk-power system.
``(2) This section does not authorize the Electric Reliability
Organization or the Commission to order the construction of additional
generation or transmission capacity or to set and enforce compliance
with standards for adequacy or safety of electric facilities or
services.
``(3) Nothing in this section shall be construed to preempt any
authority of any State to take action to ensure the safety, adequacy,
and reliability of electric service within that State, as long as such
action is not inconsistent with any reliability standard.
``(4) Within 90 days of the application of the Electric Reliability
Organization or other affected party, and after notice and opportunity
for comment, the Commission shall issue a final order determining
whether a State action is inconsistent with a reliability standard,
taking into consideration any recommendation of the Electric
Reliability Organization.
``(5) The Commission, after consultation with the Electric
Reliability Organization and the State taking action, may stay the
effectiveness of any State action, pending the Commission's issuance of
a final order.
``(j) Regional Advisory Bodies.--The Commission shall establish a
regional advisory body on the petition of at least two-thirds of the
States within a region that have more than one-half of their electric
load served within the region. A regional advisory body shall be
composed or of one member from each participating State in the region,
appointed by the Governor of each State, and may include
representatives of agencies, States, and provinces outside the United
States. A regional advisory body may provide advice to the Electric
Reliability Organization, a regional entity, or the Commission
regarding the governance of an existing or proposed regional entity
within the same region, whether a standard proposed to apply within the
region is just, reasonable, not unduly discriminatory or preferential,
and in the public interest, whether fees proposed to be assessed within
the region are just, reasonable, not unduly discriminatory or
preferential, and in the public interest and any other responsibilities
requested by the Commission. The Commission may give deference to the
advice of any such regional advisory body if that body is organized on
an Interconnection-wide basis.
``(k) Application to Alaska and Hawaii.--The provisions of this
section do not apply to Alaska or Hawaii.''. | Electric Reliability Improvement Act of 2003 - Amends the Federal Power Act to grant the Federal Energy Regulatory Commission (FERC) jurisdiction over a FERC-certified Electric Reliability Organization (ERO), established under this Act to enforce, subject to FERC review, reliability standards for the bulk-power system.
Includes within such jurisdiction regional entities and all users, owners, and operators of the bulk-power system for purposes of approving reliability standards and enforcing compliance with this Act.
Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide effective compliance with reliability standards and the effectiveness of the ERO in the United States, Canada, or Mexico.
Restricts to the bulk-power system only the ERO authority to develop and enforce compliance with reliability standards.
Declares that this Act does not authorize the ERO or FERC to order construction of additional generation or transmission capacity, or to set and enforce compliance with standards for adequacy or safety of electric facilities or services.
Directs FERC to establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. Authorizes such body to advise the ERO, a regional entity, or FERC.
Declares this Act inapplicable to Alaska or Hawaii. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Corporate Responsibility Fee Act of
2017''.
SEC. 2. IMPOSITION OF EXCISE TAX ON CORPORATIONS WITH LOW-WAGE
EMPLOYEES.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by adding after chapter 36 the following new chapter:
``CHAPTER 37--CORPORATE RESPONSIBILITY TAX
``Sec. 4511. Imposition of tax.
``SEC. 4511. IMPOSITION OF TAX.
``(a) In General.--In the case of an applicable employer who
employs a low-wage employee during the calendar year, there is imposed
a tax equal to the applicable percentage of the aggregate amount of
wages paid by the applicable employer with respect to employment of all
employees of the employer during the calendar year.
``(b) Applicable Employer; Low-Wage Employee.--For purposes of this
section--
``(1) Applicable employer.--
``(A) In general.--The term `applicable employer'
means, with respect to any calendar year, any employer
who was required to make deposits of taxes under
chapters 21 and 24 (or who would have been required to
make such deposits if the rules of subparagraph (C)
applied for such purposes) by the close of the next day
for periods aggregating more than 180 days during the
preceding calendar year.
``(B) Exception.--Such term shall not include a
Federal or other governmental entity or a church or
qualified church organization (as such terms are
defined in section 3121(w)(3)).
``(C) Aggregation rules.--The rules of subsections
(b), (c), (m), and (o) of section 414 shall apply for
purposes of this section, except that in applying
subsections (b) and (c) of such section, the phrase
`more than 50 percent' shall be substituted for the
phrase `more than 80 percent' each place it appears.
``(2) Low-wage employee.--
``(A) In general.--The term `low-wage employee'
means any employee who receives wages from an
applicable employer during the calendar year in an
amount less than 218 percent of the Federal poverty
line (within the meaning of section 2110(c)(5) of the
Social Security Act) for an individual. Rules similar
to the rules of section 36B(d)(3)(B) shall apply for
purposes of this subparagraph.
``(B) Employees employed for less than entire
year.--In the case of any employee employed by an
applicable taxpayer for less than the entire calendar
year, the amount described in subparagraph (A) shall be
reduced by an amount which bears the same ratio to such
amount as--
``(i) the number of weeks during the
calendar year in which such individual was not
an employee of such applicable employer, bears
to
``(ii) 52.
``(c) Applicable Percentage.--For purposes of subsection (a)--
``(1) In general.--
``(A) Determination.--The applicable percentage
shall be determined as follows:
------------------------------------------------------------------------
``In the case of an applicable employer with a low-wage The applicable
employee ratio of: percentage is:
------------------------------------------------------------------------
25% or less............................................. 25%
Greater than 25% but not greater than 50%............... 50%
Greater than 50%, but not greater than 75%.............. 75%
Greater than 75%........................................ 100%.
------------------------------------------------------------------------
``(B) Low-wage employee ratio.--For purposes of
subparagraph (A), the low-wage employee ratio with
respect to any applicable employer is the ratio
(expressed as a percentage) of--
``(i) the number of low-wage employees
employed by the applicable employer during the
calendar year, to
``(ii) the total number of individuals
employed by the applicable employer during such
calendar year.
``(2) Health and retirement offset.--
``(A) In general.--In the case of an applicable
employer who meets the requirements of subparagraph
(B), the applicable percentage shall be reduced (but
not below zero) by 25 percentage points.
``(B) Requirements.--An applicable employer meets
the requirements of this subparagraph if such
applicable employer--
``(i) offers to all full-time low-wage
employees (and their spouse and dependents) the
opportunity to enroll for all months during the
calendar year in minimum essential coverage
under an eligible employer sponsored health
plan (as defined in section 5000A(f)(2)) for
which--
``(I) the plan's share of the
allowed costs of benefits provided
under the plan is not less than 60
percent of such costs, and
``(II) the required contribution
(within the meaning of section
5000A(e)(1)(B)) of the employee does
not exceed the applicable percentage of
the annual wages paid to the employee
by the applicable employer, and
``(ii) meets the retirement plan
requirements of subsection (d) for all
employees who are low-wage employees.
For purposes of clause (i)(II), the applicable
percentage is the percentage in effect under section
36B(c)(2)(B)(II) for the plan year.
``(d) Retirement Plan Requirements.--
``(1) In general.--The requirements of this subsection are
met for any calendar year with respect to an employee of the
applicable employer who is a low-wage employee if the employee
is eligible to participate in one or more applicable eligible
retirement plans maintained by the applicable employer (or any
member of the group of employers treated as an applicable
employer under subsection (b)(1)(C)) for a plan year ending
with or within the calendar year.
``(2) Applicable eligible retirement plan.--For purposes of
this subsection, the term `applicable eligible retirement plan'
means an eligible retirement plan which, with respect to the
plan year described in paragraph (1), is either--
``(A) a defined contribution plan which requires
the employer to make nonelective contributions of at
least 5 percent of the compensation of the employee, or
``(B) a defined benefit plan--
``(i) with respect to which the accrued
benefit of the employee derived from employer
contributions, when expressed as an annual
retirement benefit, is not less than the
product of--
``(I) the lesser of 2 percent
multiplied by the employee's years of
service (determined under the rules of
paragraphs (4), (5), and (6) of section
411(a)) with the employer or 20
percent, multiplied by
``(II) the employee's final average
pay, or
``(ii) which is an applicable defined
benefit plan (as defined in section
411(a)(13)(B))--
``(I) which meets the interest
credit requirements of section
411(b)(5)(B)(i) with respect to the
plan year, and
``(II) under which the employee
receives a pay credit for the plan year
which is not less than 5 percent of
compensation.
``(3) Definitions and special rules.--For purposes of this
subsection--
``(A) Eligible retirement plan.--The term `eligible
retirement plan' has the meaning given such term by
section 402(c)(8)(B), except that in the case of an
account or annuity described in clause (i) or (ii)
thereof, such term shall only include an account or
annuity which is a simplified employee pension (as
defined in section 408(k)).
``(B) Final average pay.--For purposes of paragraph
(2)(B)(i)(II), final average pay shall be determined
using the period of consecutive years (not exceeding 5)
during which the employee had the greatest compensation
from the applicable employer.
``(C) Alternative plan designs.--The Secretary may
prescribe regulations for an applicable employer to
meet the requirements of this subsection through a
combination of defined contribution plans or defined
benefit plans described in paragraph (1) or through a
combination of both such types of plans.
``(D) Plans must meet requirements without taking
into account social security and similar contributions
and benefits.--A rule similar to the rule of section
416(e) shall apply.
``(E) Certain employees may be excluded.--For
purposes of paragraph (2)(B)(ii), an employer shall not
be treated as failing to meet the requirements of this
subsection with respect to employees--
``(i) who have not attained the age of 21
before the close of a plan year,
``(ii) who have less than 1 year of service
with the employer as of any day during the plan
year,
``(iii) who are covered under an agreement
which the Secretary of Labor finds to be a
collective bargaining agreement if there is
evidence that the benefits covered under the
plan were the subject of good faith bargaining
between employee representatives and the
employer, or
``(iv) who are described in section
410(b)(3)(C) (relating to nonresident aliens
working outside the United States).
``(e) Definitions and Special Rules.--For purposes of this
section--
``(1) Wages.--The term `wages' has the meaning given such
term by section 3121(a) (determined without regard to any
dollar limitation contained in such section).
``(2) Allocation of tax.--The Secretary shall prescribe
such rules as necessary for the allocation of the tax imposed
by subsection (a) among different entities treated as a single
employer under subsection (b)(1)(C).''.
(b) Conforming Amendment.--The table of chapters of the Internal
Revenue Code of 1986 is amended by inserting after the item relating to
chapter 36 the following new item:
``Chapter 37--Corporate Responsibility Tax''.
(c) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after the date of the enactment of
this Act. | Corporate Responsibility Fee Act of 2017 This bill amends the Internal Revenue Code to impose a specified excise tax on certain employers who employ low-wage employees during the taxable year. A "low-wage" employee is an employee who receives wages from the employer that are less than 218% of the federal poverty line. The bill reduces the amount of the tax for employers who provide certain health and retirement benefits to low-wage employees. Government employers, churches, and church organizations are exempt from the tax. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scaling Up Manufacturing Act of
2012''.
SEC. 2. CREDIT FOR MANUFACTURING FACILITY COSTS.
(a) In General.--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 section:
``SEC. 45S. MANUFACTURING FACILITY EXPENDITURES.
``(a) General Rule.--For purposes of section 38, in the case of an
eligible business, the manufacturing facility expenditure credit for
any taxable year is an amount equal to 25 percent of the qualified
facility construction expenditures of the taxpayer for the taxable
year.
``(b) Eligible Business.--For purposes of this section--
``(1) In general.--The term `eligible business' means any
corporation or partnership--
``(A) which is engaged in an active trade or
business,
``(B) which is headquartered in the United States,
``(C) substantially all of the management or
administrative activities of which are performed in the
United States,
``(D) which has not (prior to placing into service
the manufacturing facility designated for purposes of
this section) placed in service a manufacturing
facility,
``(E) which is a start-up company, and
``(F) with respect to which all debt obligations
issued by, and equity interests in, have a rating of B
minus (or its substantial equivalent) or higher from a
credit rating agency registered with the Securities and
Exchange Commission as a nationally recognized
statistical rating organization (as defined in section
3(a) of the Securities Exchange Act of 1934).
``(2) Start-up company.--The term `start-up company' means
any corporation or partnership--
``(A) which first has both gross receipts and
qualified research expenses (as defined in section
41(b)) in a taxable year beginning after December 31,
2012, or
``(B) which has both gross receipts and qualified
research expenses (as so defined) in fewer than 3
taxable years beginning after December 31, 2012, and
before January 1, 2018.
``(c) Qualified Facility Construction Expenditures.--For purposes
of this section--
``(1) In general.--The term `qualified facility
construction expenditures' means amounts paid or incurred by
the taxpayer--
``(A) for the construction of a facility
(designated for purposes of this section by the
taxpayer at such time and in such form and manner as
the Secretary shall prescribe) in the United States to
manufacture a qualified product (including amounts for
professional services necessary for the planning of
such construction), and
``(B) for the purchase of specialized equipment for
use at such facility and required for the manufacture
of such product.
``(2) Qualified product.--The term `qualified product'
means any product which, prior to construction of the facility
with respect to which a credit is allowed under this section,
the taxpayer has produced and sold to a bona fide purchaser,
and such purchaser has placed such product in service.
``(d) Special Rules.--For purposes of this section--
``(1) Recapture.--
``(A) In general.--If, as of the close of any
taxable year, there is a recapture event with respect
to any facility of the taxpayer with respect to which a
credit was allowed under this section, then the tax of
the taxpayer under this chapter for such taxable year
shall be increased by an amount equal to the product
of--
``(i) the applicable recapture percentage,
and
``(ii) the aggregate decrease in the
credits allowed under section 38 for all prior
taxable years which would have resulted if the
qualified facility construction expenditures of
the taxpayer described in subsection (c)(1)
with respect to such facility had been zero.
``(B) Applicable recapture percentage.--
``(i) In general.--For purposes of this
subsection, the applicable recapture percentage
shall be determined in accordance with the
following table:
``If the recapture event The applicable recapture percentage
occurs in: is:
Year 1............................................. 100
Year 2............................................. 80
Year 3............................................. 60
Year 4............................................. 40
Year 5............................................. 20
Years 6 and thereafter............................. 0.
``(ii) Years.--For purposes of clause (i),
year 1 shall begin on the first day of the
taxable year in which the facility with respect
to which a credit was allowed under this
subsection was placed in service.
``(C) Recapture event.--For purposes of this
paragraph--
``(i) In general.--A recapture event occurs
with respect to any facility if--
``(I) the taxpayer becomes
insolvent, or
``(II) the taxpayer disposes of the
facility to another person who, at this
time of the disposition, is not an
eligible business.
``(ii) Special rule for facilities not
placed in service within 5 years.--In the case
of a facility with respect to which a credit is
allowed under this section which is not placed
in service before the close of the 5th taxable
year beginning after the first taxable year for
which the credit was so allowed, a recapture
event shall be treated as having occurred with
respect to such facility in year 1.
``(2) Credit may be assigned.--The amount of qualified
facility construction expenditures with respect to a facility
which would (but for this paragraph) be taken into account
under subsection (a) for any taxable year by any person
(hereafter in this paragraph referred to as the `initial
taxpayer')--
``(A) may be taken into account by any other person
to whom such expenditures are assigned by the initial
taxpayer, and
``(B) shall not be taken into account by initial
taxpayer.
Any person to whom such expenditures are assigned under
subparagraph (A) shall be treated for purposes of this title as
the taxpayer with respect to such expenditures.
``(3) Controlled group.--All members of the same controlled
group of corporations (within the meaning of section 52(a)) and
all persons under common control (within the meaning of section
52(b)) shall be treated as 1 person for purposes of this
section.
``(4) Predecessor.--Any reference in this section to a
corporation or partnership shall include a reference to any
predecessor of such corporation or partnership.
``(5) Denial of double benefit.--For purposes of this
subtitle, if a credit is allowed under this section in
connection with any expenditure for any property, the basis of
such property shall be reduced by the amount of the credit so
allowed.''.
(b) Denial of Double Benefit.--Section 280C of such Code is amended
by inserting after subsection (h) the following new subsection:
``(i) Manufacturing Facility Expenditures.--No deduction shall be
allowed for that portion of the expenses otherwise allowable as a
deduction taken into account in determining the credit under section
45S for the taxable year which is equal to the amount of the credit
determined for such taxable year under section 45S(a).''.
(c) Credit To Be Part of General Business Credit.--Subsection (b)
of section 38 of such Code is amended by striking ``plus'' at the end
of paragraph (35), by striking the period at the end of paragraph (36)
and inserting ``, plus'', and by inserting after paragraph (36) the
following:
``(37) manufacturing facility expenditure credit determined
under section 45S(a).''.
(d) Conforming Amendment.--Subsection (a) of section 1016 of such
Code is amended by striking ``and'' at the end of paragraph (36), by
striking the period at the end of paragraph (37) and inserting ``,
and'', and by adding at the end the following new paragraph:
``(38) to the extent provided in section 45S(d)(2).''.
(e) Effective Date.--The amendments made by this section shall
apply to amounts paid or incurred after the date of the enactment of
this Act. | Scaling Up Manufacturing Act of 2012 - Amends the Internal Revenue Code to allow certain start-up companies that are headquartered in the United States a tax credit for up to 25% of their costs for the construction of a manufacturing facility and for the purchase of specialized equipment for use at such facility.
Defines a "start-up company" as any corporation or partnership that: (1) first has both gross receipts and qualified research expenses in a taxable year beginning after December 31, 2012, or (2) has both gross receipts and qualified research expenses in fewer than three taxable years beginning after December 31, 2012, and before January 1, 2018. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Money Laundering Prevention Act of
1999''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress makes the following findings:
(1) Money laundering is a serious problem: between
$100,000,000,000 and $300,000,000,000 in United States currency
is ``laundered'' each year and the total dollar amount involved
in international money laundering likely exceeds
$500,000,000,000.
(2) Money laundering is critical to the survival of the
illicit drug trade, which has annual worldwide revenues of more
than $400,000,000,000, more than 8 percent of the total value
of international trade.
(3) United States financial institutions are a critical
link in our efforts to combat money laundering.
(4) Highly secretive and loosely regulated private banking
services that cater to wealthy clients are particularly
vulnerable to use by drug traffickers for money laundering
purposes, and it is estimated that private banking services
have banking assets ranging from $200,000,000,000 to
$300,000,000,000.
(b) Purposes.--The purposes of this Act are as follows:
(1) To ensure that United States financial institutions
make combating money laundering the highest of priorities.
(2) To close the existing gaps in law that allow money
laundering to flourish in the private banking system.
(3) To designate foreign high-intensity money laundering
areas for the purpose of targeting areas of concentrated money
laundering activities.
(4) To require the Board of Governors of the Federal
Reserve System to take into account money laundering activities
in the consideration of applications under section 3 of the
Bank Holding Company Act of 1956.
SEC. 3. REPORT ON PRIVATE BANKING ACTIVITIES.
(a) In General.--Before the end of the 1-year period beginning on
the date of the enactment of this Act, the Secretary of the Treasury,
in consultation with the Federal banking agencies (as defined in
section 3(z) of the Federal Deposit Insurance Act) shall submit a
report on private banking activities in the United States to the
Committee on Banking and Financial Services of the House of
Representatives and the Committee on Banking, Housing, and Urban
Affairs of the Senate.
(b) Contents of Report.--The report required under subsection (a)
shall include information on the following:
(1) The nature and extent of private banking activities in
the United States.
(2) Regulatory efforts to monitor private banking
activities and ensure that such activities are conducted in
compliance with subchapter II of chapter 53 of title 31, United
States Code, and section 21 of the Federal Deposit Insurance
Act.
(3) The policies and procedures of depository institutions
that are designed to ensure compliance by such institutions
with the requirements of subchapter II of chapter 53 of title
31, United States Code, and section 21 of the Federal Deposit
Insurance Act.
(c) Private Banking Activities Defined.--For purposes of this
section, the term ``private banking activities'' includes, with respect
to a financial institution, personalized services, such as money
management, financial advice, and investment services, that are
provided to individuals with a high net worth and are not provided
generally to all clients of the financial institution.
SEC. 4. REQUIRE THAT ANTI-MONEY LAUNDERING PROGRAMS PROHIBIT MONEY
LAUNDERING THROUGH CONCENTRATION ACCOUNTS AT FINANCIAL
INSTITUTIONS BY REQUIRING THE AVAILABILITY OF CERTAIN
ACCOUNT INFORMATION.
Section 5318(h) of title 31, United States Code, is amended by
adding at the end the following new paragraph:
``(3) Availability of certain account information.--The
Secretary of the Treasury shall prescribe regulations under
this subsection which require financial institutions to
maintain all accounts in such a way as to ensure that--
``(A) the name of the account holder and the number
of the account are associated with all account activity
of the account holder; and
``(B) all such information is available for
purposes of account supervision and law enforcement.''
SEC. 5. DESIGNATION OF FOREIGN HIGH-INTENSITY MONEY LAUNDERING AREAS.
(a) In General.--Subchapter III of chapter 53 of title 31, United
States Code (as added by the Money Laundering and Financial Crimes
Strategy Act of 1998) is amended by adding at the end the following new
part:
``Part 3--International Money Laundering and Related Financial Crimes
``Sec. 5361. Designation of foreign high-intensity money laundering
areas
``(a) In General.--The Secretary, in consultation with the Federal
banking agencies, shall develop criteria for identifying areas outside
the United States in which money laundering activities are
concentrated.
``(b) Designation.--The Secretary shall designate as a high-
intensity money laundering area any foreign country in which there is
an area identified, in accordance with the criteria developed pursuant
to subsection (a), as an area in which money laundering activities are
concentrated.
``(c) Notice and Warning.--Upon the designation, under subsection
(b), of a country as a high-intensity money laundering area, the
Secretary shall provide--
``(1) a written notice to each insured depository
institution (as defined in section 3 of the Federal Deposit
Insurance Act), and each depository institution holding company
(as defined in such section 3) that controls an insured
depository institution, of the identity of the country
designated; and
``(2) a written warning that there is a concentration of
money laundering activity in such country.''.
(b) Clerical Amendment.--The table of subchapters for chapter 53 of
title 31, United States Code, is amended by adding at the end the
following item:
``Part 3--International Money Laundering and Related Financial Crimes
``5361. Designation of foreign high-intensity money laundering
areas.''.
SEC. 6. DOUBLE THE CRIMINAL PENALTIES FOR VIOLATIONS INVOLVING HIGH-
INTENSITY MONEY LAUNDERING AREAS.
(a) In General.--Section 5322 of title 31, United States Code, is
amended by adding at the end the following new subsection:
``(d) Doubled Penalty.--The court may double the sentence of fine
or imprisonment, or both, that could otherwise be imposed on any person
for a violation described in subsection (a) or (b) if the person
commits the violation with respect to a transaction involving a person
in, a relationship maintained for a person in, or a transport of a
monetary instrument involving a foreign country, knowing that a
designation of the foreign country as a high-intensity money laundering
area under section 5361 was in effect at the time of the violation.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any violation committed on or after the date of
the enactment of this Act.
SEC. 7. AMENDMENT TO SECTION 3 OF THE BANK HOLDING COMPANY ACT OF 1956.
(a) In General.--Section 3(c) of the Bank Holding Company Act of
1956 (12 U.S.C. 1842(c)) is amended by adding at the end the following
new paragraph:
``(6) Money laundering.--In every case--
``(A) the Board shall take into consideration the
effectiveness of the company or companies in combating
and preventing money laundering activities, including
in overseas branches;
``(B) the Board shall not consider any application
under this section involving any company which is the
subject of any--
``(i) pending Federal investigation of
possible money laundering or other related
financial crimes; or
``(ii) pending Federal prosecution for
money laundering or other related financial
crimes,
until such investigation or prosecution is completed
and a finding is made, except that this subparagraph
shall not apply if the period for such completion and
the making of findings exceeds 3 years; and
``(C) the Board shall disapprove any application
under this section involving any company which has been
found criminally or civilly liable for money laundering
or any related financial crime during the 5-year period
preceding the consideration of such application by the
Board.''.
(b) Scope of Application.--The amendment made by subsection (a)
shall apply with respect to any application submitted to the Board of
Governors of the Federal Reserve System under section 3 of the Bank
Holding Company Act of 1956 after December 31, 1997, which has not been
approved by the Board before the date of the enactment of this Act. | Money Laundering Prevention Act of 1999 - Directs the Secretary of the Treasury to submit a report to specified congressional committees on private banking activities in the United States.
(Sec. 4) Amends Federal banking law to direct the Secretary to prescribe regulations which require financial institutions to maintain all accounts in such a way as to ensure that: (1) the the name of the account holder and the number of the account are associated with all account activity of such holder; and (2) all such information is available for purposes of account supervision and law enforcement.
(Sec. 5) Directs the Secretary to develop criteria for identifying areas outside the United States in which money laundering activities are concentrated, designate such areas as high-intensity money laundering areas, provide a written notice to each insured depository institution and each depository institution holding company that controls an insured depository institution of the identity of the country designated, and provide a written warning that there is a concentration of money laundering activity in such country.
(Sec. 6) Authorizes the court to double the sentence of fine, imprisonment, or both, that could be otherwise imposed if the person commits the violation with respect to a transaction involving a person in, a relationship maintained for a person in, or a transport of a monetary instrument involving a foreign country, knowing that a designation of the foreign country as a high-intensity money laundering area was in effect at the time of the violation.
(Sec. 7) Amends the Bank Holding Company Act of 1956 to direct that the Board of Governors of the Federal Reserve System: (1) take into consideration the effectiveness of the company in combating and preventing money laundering activities, including in overseas branches; (2) not consider any application (regarding acquisition of bank shares or assets) involving any company which is the subject of any pending Federal investigation of possible money laundering or other related financial crimes, or pending Federal prosecution for such crimes, until such investigation or prosecution is completed and a finding is made, with an exception; and (3) disapprove any such application involving a company which has been found criminally or civilly liable for such a crime during the five-year period preceding consideration of such application by the Board. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Super-Efficient Appliance Incentives
and Market Transformation Act of 2007''.
SEC. 2. MODIFICATIONS OF ENERGY EFFICIENT APPLIANCE CREDIT FOR
APPLIANCES PRODUCED AFTER 2007.
(a) In General.--Subsection (b) of section 45M of the Internal
Revenue Code of 1986 (relating to applicable amount) is amended to read
as follows:
``(b) Applicable Amount.--For purposes of subsection (a)--
``(1) Dishwashers.--The applicable amount is--
``(A) $45 in the case of a dishwasher which is
manufactured in calendar year 2008 or 2009 and which
uses no more than 324 kilowatt hours per year and 5.8
gallons per cycle, and
``(B) $75 in the case of a dishwasher which is
manufactured in calendar year 2008, 2009, or 2010 and
which uses no more than 307 kilowatt hours per year and
5.0 gallons per cycle (5.5 gallons per cycle for
dishwashers designed for greater than 12 place
settings).
``(2) Clothes washers.--The applicable amount is--
``(A) $75 in the case of a residential top-loading
clothes washer manufactured in calendar year 2008 which
meets or exceeds a 1.72 modified energy factor and does
not exceed a 8.0 water consumption factor,
``(B) $125 in the case of a residential top-loading
clothes washer manufactured in calendar year 2008 or
2009 which meets or exceeds a 1.8 modified energy
factor and does not exceed a 7.5 water consumption
factor,
``(C) $150 in the case of a residential or
commercial clothes washer manufactured in calendar year
2008, 2009 or 2010 which meets or exceeds 2.0 modified
energy factor and does not exceed a 6.0 water
consumption factor, and
``(D) $250 in the case of a residential or
commercial clothes washer manufactured in calendar year
2008, 2009, or 2010 which meets or exceeds 2.2 modified
energy factor and does not exceed a 4.5 water
consumption factor.
``(3) Refrigerators.--The applicable amount is--
``(A) $50 in the case of a refrigerator which is
manufactured in calendar year 2008, and consumes at
least 20 percent but not more than 22.9 percent less
kilowatt hours per year than the 2001 energy
conservation standards,
``(B) $75 in the case of a refrigerator which is
manufactured in calendar year 2008 or 2009, and
consumes at least 23 percent but no more than 24.9
percent less kilowatt hours per year than the 2001
energy conservation standards,
``(C) $100 in the case of a refrigerator which is
manufactured in calendar year 2008, 2009 or 2010, and
consumes at least 25 percent but not more than 29.9
percent less kilowatt hours per year than the 2001
energy conservation standards, and
``(D) $200 in the case of a refrigerator
manufactured in calendar year 2008, 2009 or 2010 and
which consumes at least 30 percent less energy than the
2001 energy conservation standards.
``(4) Dehumidifiers.--The applicable amount is--
``(A) $15 in the case of a dehumidifier
manufactured in calendar year 2008 that has a capacity
less than or equal to 45 pints per day and is 7.5
percent more efficient than the applicable Department
of Energy energy conservation standard effective
October 2012, and
``(B) $25 in the case of a dehumidifier
manufactured in calendar year 2008 that has a capacity
greater than 45 pints per day and is 7.5 percent more
efficient than the applicable Department of Energy
energy conservation standard effective October 2012.''.
(b) Eligible Production.--
(1) Similar treatment for all appliances.--Subsection (c)
of section 45M of such Code (relating to eligible production)
is amended--
(A) by striking paragraph (2),
(B) by striking ``(1) In general'' and all that
follows through ``the eligible'' and inserting ``The
eligible'', and
(C) by moving the text of such subsection in line
with the subsection heading and redesignating
subparagraphs (A) and (B) as paragraphs (1) and (2),
respectively.
(2) Modification of base period.--Paragraph (2) of section
45M(c) of such Code, as amended by paragraph (1) of this
section, is amended by striking ``3-calendar year'' and
inserting ``2-calendar year''.
(c) Types of Energy Efficient Appliances.--Subsection (d) of
section 45M of such Code (defining types of energy efficient
appliances) is amended to read as follows:
``(d) Types of Energy Efficient Appliance.--For purposes of this
section, the types of energy efficient appliances are--
``(1) dishwashers described in subsection (b)(1),
``(2) clothes washers described in subsection (b)(2),
``(3) refrigerators described in subsection (b)(3), and
``(4) dehumidifiers described in subsection (b)(4).''.
(d) Aggregate Credit Amount Allowed.--
(1) Increase in limit.--Paragraph (1) of section 45M(e) of
such Code (relating to aggregate credit amount allowed) is
amended to read as follows:
``(1) Aggregate credit amount allowed.--The aggregate
amount of credit allowed under subsection (a) with respect to a
taxpayer for any taxable year shall not exceed $100,000,000
reduced by the amount of the credit allowed under subsection
(a) to the taxpayer (or any predecessor) for all prior taxable
years beginning after December 31, 2007.''.
(2) Exception for certain refrigerator and clothes
washers.--Paragraph (2) of section 45M(e) of such Code is
amended to read as follows:
``(2) Amount allowed for certain refrigerators and clothes
washers.--Refrigerators described in subsection (b)(3)(D) and
clothes washers described in subsection (b)(2)(D) shall not be
taken into account under paragraph (1).''.
(e) Qualified Energy Efficient Appliances.--
(1) In general.--Paragraph (1) of section 45M(f) of such
Code (defining qualified energy efficient appliance) is amended
to read as follows:
``(1) Qualified energy efficient appliance.--The term
`qualified energy efficient appliance' means--
``(A) any dishwasher described in subsection
(b)(1),
``(B) any clothes washer described in subsection
(b)(2),
``(C) any refrigerator described in subsection
(b)(3), and
``(D) any dehumidifier described in subsection
(b)(4).''.
(2) Clothes washer.--Section 45M(f)(3) of such Code
(defining clothes washer) is amended by inserting
``commercial'' before ``residential'' the second place it
appears.
(3) Top-loading clothes washer.--Subsection (f) of section
45M of such Code (relating to definitions) is amended by
redesignating paragraphs (4), (5), (6), and (7) as paragraphs
(5), (6), (7), and (8), respectively, and by inserting after
paragraph (3) the following new paragraph:
``(4) Top-loading clothes washer.--The term ``top-loading
clothes washer'' means a clothes washer which has the clothes
container compartment access located on the top of the machine
and which operates on a vertical axis.''.
(4) Dehumidifier.--Subsection (f) of section 45M of such
Code, as amended by paragraph (3), is amended by redesignating
paragraphs (6), (7), and (8) as paragraphs (7), (8) and (9),
respectively, and by inserting after paragraph (5) the
following new paragraph:
``(6) Dehumidifier.--The term `dehumidifier' means a self-
contained, electrically operated, and mechanically refrigerated
encased assembly consisting of--
``(A) a refrigerated surface that condenses
moisture from the atmosphere,
``(B) a refrigerating system, including an electric
motor,
``(C) an air-circulating fan, and
``(D) means for collecting or disposing of
condensate.''.
(5) Replacement of energy factor.--Section 45M(f)(7) of
such Code, as amended by paragraph (4), is amended to read as
follows:
``(7) Modified energy factor.--The term `modified energy
factor' means the modified energy factor established by the
Department of Energy for compliance with the Federal energy
conservation standard.''.
(6) Gallons per cycle; water consumption factor.--Section
45M(f) of such Code (relating to definitions) is amended by
adding at the end the following:
``(10) Gallons per cycle.--The term `gallons per cycle'
means, with respect to a dishwasher, the amount of water,
expressed in gallons, required to complete a normal cycle of a
dishwasher.
``(11) Water consumption factor.--The term `water
consumption factor' means, with respect to a clothes washer,
the quotient of the total weighted per-cycle water consumption
divided by the cubic foot (or liter) capacity of the clothes
washer.''.
(f) Effective Date.--The amendments made by this section shall
apply to appliances produced after December 31, 2007. | Super-Efficient Appliance Incentives and Market Transformation Act of 2007 - Amends the Internal Revenue Code to modify the applicable amount of the tax credit for energy efficient appliances (i.e., dishwashers, clothes washers, refrigerators, and dehumidifiers which restrict water and energy consumption) produced after 2007. | [
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1,
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1
] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Emergency Drought Relief Act of
1998''.
SEC. 2. LOAN RATES FOR MARKETING ASSISTANCE LOANS FOR CERTAIN CROPS.
(a) Wheat.--Subsection (a) of section 132 of the Agricultural
Market Transition Act (7 U.S.C. 7232) is amended by striking paragraph
(1) and inserting the following new paragraph:
``(1) Loan rate.--Subject to paragraph (2), the loan rate
for a marketing assistance loan under section 131 for wheat
shall be equal to not less than 85 percent of the simple
average price received by producers of wheat, as determined by
the Secretary, during the marketing years for the immediately
preceding 5 crops of wheat, excluding the year in which the
average price was the highest and the year in which the average
price was the lowest in the period.''.
(b) Feed Grains.--Subsection (b) of such section is amended by
striking paragraph (1) and inserting the following new paragraph:
``(1) Loan rate for corn.--Subject to paragraph (2), the
loan rate for a marketing assistance loan under section 131 for
corn shall be equal to not less than 85 percent of the simple
average price received by producers of corn, as determined by
the Secretary, during the marketing years for the immediately
preceding 5 crops of corn, excluding the year in which the
average price was the highest and the year in which the average
price was the lowest in the period.''.
(c) Upland Cotton.--Subsection (c)(2) of such section is amended by
striking ``or more than $0.5192 per pound''.
(d) Extra Long Staple Cotton.--Subsection (d) of such section is
amended to read as follows:
``(d) Extra Long Staple Cotton.--The loan rate for a marketing
assistance loan under section 131 for extra long staple cotton shall be
equal to not less than 85 percent of the simple average price received
by producers of extra long staple cotton, as determined by the
Secretary, during 3 years of the 5-year period ending July 31 of the
year preceding the year in which the crop is planted, excluding the
year in which the average price was the highest and the year in which
the average price was the lowest in the period.''.
(e) Oilseeds.--Subsection (f) of such section is amended--
(1) in paragraph (1)(B), by striking ``or more than
$5.26''; and
(2) in paragraph (2)(B), by striking ``or more than
$0.093''.
SEC. 3. COST-SHARE ASSISTANCE FOR AGRICULTURAL PRODUCERS PERFORMING
CERTAIN DROUGHT ALLEVIATION PROJECTS.
(a) Definitions.--In this section:
(1) Designated disaster area.--The term ``designated
disaster area'' means an area that is covered by a Presidential
declaration of major disaster issued under section 401 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170) or determined to be a disaster area by the
Secretary of Agriculture under subpart A of part 1945 of title
7, Code of Federal Regulations, if the basis for the
Presidential declaration or Secretarial determination is at
least in part the result of drought conditions in the area.
(2) Eligible land.--The term ``eligible land'' means
agricultural land, including cropland, rangeland, pasture, and
other land on which crops or livestock are produced, or land
used to support the production of crops or livestock.
(3) Livestock.--The term ``livestock'' means dairy cattle,
beef cattle, laying hens, broilers, turkeys, swine, sheep, and
such other animals as determined by the Secretary.
(4) Producer.--The term ``producer'' means a person who is
engaged in livestock or agricultural production (as defined by
the Secretary).
(b) Authority To Provide Assistance.--During the 1999 through 2002
fiscal years, the Secretary of Agriculture may provide technical
assistance and cost-share payments to a producer who undertakes on
eligible lands in a designated disaster area a project intended to
alleviate or otherwise respond to the effects of drought on crop or
livestock production. A producer may apply for cost-share payments
under this section before undertaking an eligible project, during the
course of the project, or within one year after completing the project.
A project may be completed after the expiration of the designation of
an area as a designated disaster area.
(c) Eligible Projects.--The projects for which assistance may be
provided under this section include--
(1) the installation of water wells to be used primarily
for crop irrigation or livestock watering;
(2) the dredging of ponds or other small bodies of water on
eligible lands; and
(3) the extension of public water supply lines to serve
eligible lands.
(d) Offer Selection Process.--The Secretary of Agriculture shall,
to the maximum extent practicable, establish a process for selecting
applications for financial assistance if there are numerous
applications for assistance for eligible projects that would provide
substantially the same level of benefits. The process shall be based
on--
(1) a reasonable estimate of the projected cost of the
proposals and other factors identified by the Secretary for
determining which applications will result in the least cost to
the program authorized by this section; and
(2) such other factors determined by the Secretary that
maximize benefits in designated disaster areas per dollar
expended.
(e) Concurrence of Owner.--If the producer making an offer to
receive assistance is a tenant using the eligible land, for the offer
to be acceptable, the producer shall obtain the concurrence of the
owner of the eligible land with respect to the offer.
(f) Amount of Cost-Share Payments.--The Federal share of cost-share
payments to a producer proposing to implement one or more eligible
project shall be not more than 75 percent of the projected cost of the
project, as determined by the Secretary of Agriculture, taking into
consideration any payment received by the producer from a State or
local government. A producer may not receive cost-share payments under
this section for a project if the producer receives cost-share payments
or other benefits for the same project under another provision of law.
(g) Technical Assistance.--The receipt of technical assistance
under this section shall not affect the eligibility of the producer to
receive technical assistance under other authorities of law available
to the Secretary of Agriculture.
(h) Retroactive Effect.--This section shall apply to eligible
projects commenced in designated disaster areas on or after January 1,
1998.
SEC. 4. AUTHORITY TO PROVIDE EMERGENCY LOANS BASED ON ESTIMATED LOSSES.
Subtitle C of the Consolidated Farm and Rural Development Act (7
U.S.C. 1961-1970) is amended by inserting after section 327 the
following:
``Sec. 328. In this subtitle, the terms `actual loss' and `actual
production loss' mean actual loss or (if greater) the estimated loss as
determined by the relevant county committee.''.
SEC. 5. BORROWER ELECTION TO DEFER INTEREST PAYMENTS ON EMERGENCY
LOANS.
Section 324 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1964) is amended by adding at the end the following:
``(f) A borrower of a loan made under this subtitle may elect to
defer the payment of any or all interest on the loan until the end of
the period for which the loan is made.''. | Emergency Drought Relief Act of 1998 - Amends the Agricultural Market Transition Act to eliminate marketing assistance loan rate caps for wheat, corn and feed grains, upland and extra long staple cotton, and oilseeds.
Authorizes the Secretary of Agriculture to (temporarily) provide cost-share assistance for crop and livestock producers performing certain drought alleviation projects. Makes such assistance available retroactively to eligible projects begun as of January 1, 1998.
Amends the Consolidated Farm and Rural Development Act to authorize: (1) emergency loans based upon estimated losses; and (2) emergency loan interest deferral. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Competitiveness Tax Credit Act''.
SEC. 2. TEMPORARY INVESTMENT CREDIT FOR NEW MANUFACTURING AND OTHER
PRODUCTIVE EQUIPMENT.
(a) Allowance of Credit.--Section 46 of the Internal Revenue Code
of 1986 (relating to amount of investment credit) is amended by
striking ``and'' at the end of paragraph (2), by striking the period at
the end of paragraph (3) and inserting ``, and'', and by adding at the
end the following new paragraph:
``(4) the manufacturing and other productive equipment
credit.''
(b) Amount of Credit.--Section 48 of such Code is amended by adding
at the end the following new subsection:
``(c) Manufacturing and Other Productive Equipment Credit.--
``(1) In general.--For purposes of section 46, the
manufacturing and other productive equipment credit for any
taxable year is an amount equal to the sum of--
``(A) the domestic equipment credit, and
``(B) the nondomestic equipment credit.
``(2) Amount of domestic and nondomestic equipment
credits.--For purposes of this subsection--
``(A) Domestic equipment credit.--
``(i) In general.--The domestic equipment
credit for any taxable year is 10 percent of
the amount equal to the product of--
``(I) the domestic equipment ratio,
and
``(II) the qualified increase
amount.
``(ii) Domestic equipment ratio.--The
domestic equipment ratio for any taxable year
is a fraction in which--
``(I) the numerator is the
aggregate bases of the qualified
manufacturing and other productive
equipment properties placed in service
during such taxable year which are of
domestic origin, and
``(II) the denominator is the
aggregate bases of all qualified
manufacturing and other productive
equipment properties placed in service
during such taxable year.
``(B) Nondomestic equipment credit.--
``(i) In general.--The nondomestic
equipment credit for any taxable year is 7
percent of the amount equal to the product of--
``(I) the nondomestic equipment
ratio, and
``(II) the qualified increase
amount.
``(ii) Nondomestic equipment ratio.--The
nondomestic equipment ratio for any taxable
year is a fraction in which--
``(I) the numerator is the
aggregate bases of the qualified
manufacturing and other productive
equipment properties placed in service
during such taxable year which are not
of domestic origin, and
``(II) the denominator is the
aggregate bases of all qualified
manufacturing and other productuve
equipment properties placed in service
during such taxable year.
``(C) Determination of domestic origin.--
``(i) In general.--Property shall be
treated as being of domestic origin only if--
``(I) the property was completed in
the United States, and
``(II) at least 50 percent of the
basis of the property is attributable
to value added within the United
States.
``(ii) United states.--The term `United
States' includes the Commonwealth of Puerto
Rico and the possessions of the United States.
``(3) Qualified manufacturing and other productive
equipment property.--For purposes of this subsection--
``(A) In general.--The term `qualified
manufacturing and other productive equipment property'
means any property--
``(i) which is used as an integral part of
the manufacture or production of tangible
personal property and increases the efficiency
of the manufacturing or production process;
``(ii) which is tangible property to which
section 168 applies, other than 3-year property
(within the meaning of section 168(e)),
``(iii) which is section 1245 property (as
defined in section 1245(a)(3)), and
``(iv)(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.
``(B) Special rule for computer software.--In the
case of any computer software--
``(i) which is used to control or monitor a
manufacturing or production process,
``(ii) which increases the efficiency of
the manufacturing or production process, and
``(iii) with respect to which depreciation
(or amortization in lieu of depreciation) is
allowable,
such software shall be treated as qualified
manufacturing and other productive equipment property.
``(4) Qualified increase amount.--For purposes of this
subsection--
``(A) In general.--The term `qualified increase
amount' means the excess (if any) of--
``(i) the aggregate bases of qualified
manufacturing and other productive equipment
properties placed in service during the taxable
year, over
``(ii) the base amount.
``(B) Base amount.--The term `base amount' means
the product of--
``(i) the fixed-base percentage, and
``(ii) the average annual gross receipts of
the taxpayer for the 4 taxable years preceding
the taxable year for which the credit is being
determined (in this subsection referred to as
the `credit year').
``(C) Minimum base amount.--In no event shall the
base amount be less than 50 percent of the amount
determined under subparagraph (A)(i).
``(D) Fixed-base percentage.--
``(i) In general.--The fixed-base
percentage is the percentage which the
aggregate amounts described in subparagraph
(A)(i) for taxable years beginning after
December 31, 1987, and before January 1, 1993,
is of the aggregate gross receipts of the
taxpayer for such taxable years.
``(ii) Rounding.--The percentages
determined under clause (i) shall be rounded to
the nearest \1/100\ of 1 percent.
``(E) Other rules.--Rules similar to the rules of
paragraphs (4) and (5) of section 41(c) shall apply for
purposes of this paragraph.
``(5) Coordination with other credits.--This subsection
shall not apply to any property to which the energy credit or
rehabilitation credit would apply unless the taxpayer elects to
waive the application of such credits to such property.
``(6) Certain progress expenditure rules made applicable.--
Rules similar to 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 subsection.
``(7) Termination date.--This subsection shall not apply to
any property placed in service after the expiration of the 2-
year period beginning on the date of the enactment of this
Act.''
(c) Technical Amendments.--
(1) Clause (ii) of section 49(a)(1)(C) of such Code is
amended by inserting ``or qualified manufacturing and other
productive equipment property'' after ``energy property''.
(2) Subparagraph (E) of section 50(a)(2) of such Code is
amended by inserting ``or 48(c)(6)'' before the period at the
end.
(3)(A) The section heading for section 48 of such Code is
amended to read as follows:
``SEC. 48. OTHER CREDITS.''
(B) 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:
``Sec. 48. Other credits.''
(d) Effective Date.--The amendments made by this section shall
apply to--
(1) property acquired by the taxpayer after the date of the
enactment of this Act, and
(2) property the construction, reconstruction, or erection
of which is completed by the taxpayer after the date of the
enactment of this Act, but only to the extent of the basis
thereof attributable to construction, reconstruction, or
erection after such date. | Competitiveness Tax Credit Act - Amends the Internal Revenue Code to allow an investment tax credit for manufacturing and other productive equipment based upon a determination of the domestic origin of such property.
Makes such credit applicable for the two-year period beginning on the date of enactment of this Act. | [
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] |
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Quality
Protection and Job Creation Act of 2017''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of Federal Water Pollution Control Act.
TITLE I--WATER QUALITY FINANCING
Subtitle A--Technical and Management Assistance
Sec. 101. Technical assistance.
Sec. 102. State management assistance.
Sec. 103. Watershed pilot projects.
Sec. 104. Nonpoint source management programs.
Subtitle B--State Water Pollution Control Revolving Funds
Sec. 121. Capitalization grant agreements.
Sec. 122. Water pollution control revolving loan funds.
Sec. 123. State planning assistance.
Sec. 124. Intended use plan.
Sec. 125. Technical assistance.
Sec. 126. Authorization of appropriations.
TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER
GRANTS
Sec. 201. Pilot program for alternative water source projects.
Sec. 202. Sewer overflow control grants.
SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.
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 Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.).
TITLE I--WATER QUALITY FINANCING
Subtitle A--Technical and Management Assistance
SEC. 101. TECHNICAL ASSISTANCE.
(a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) (33 U.S.C. 1254(b)) 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) make grants to nonprofit organizations--
``(A) to provide technical assistance to rural,
small, and tribal municipalities for the purpose of
assisting, in consultation with the State in which the
assistance is provided, such municipalities and tribal
governments in the planning, developing, and
acquisition of financing for eligible projects
described in section 603(c);
``(B) to provide technical assistance and training
for rural, small, and tribal publicly owned treatment
works and decentralized wastewater treatment systems to
enable such treatment works and systems to protect
water quality and achieve and maintain compliance with
the requirements of this Act; and
``(C) to disseminate information to rural, small,
and tribal municipalities and municipalities that meet
the affordability criteria established under section
603(i)(2) by the State in which the municipality is
located with respect to planning, design, construction,
and operation of publicly owned treatment works and
decentralized wastewater treatment systems.''.
(b) Authorization of Appropriations.--Section 104(u) (33 U.S.C.
1254(u)) is amended--
(1) by striking ``and (6)'' and inserting ``(6)''; and
(2) by inserting before the period at the end the
following: ``; and (7) not to exceed $100,000,000 for each of
fiscal years 2018 through 2022 for carrying out subsections
(b)(3), (b)(8), and (g), except that not less than 20 percent
of the amounts appropriated pursuant to this paragraph in a
fiscal year shall be used for carrying out subsection (b)(8)''.
SEC. 102. STATE MANAGEMENT ASSISTANCE.
(a) Authorization of Appropriations.--Section 106(a) (33 U.S.C.
1256(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the semicolon at the end of paragraph (2)
and inserting ``; and''; and
(3) by inserting after paragraph (2) the following:
``(3) such sums as may be necessary for each of fiscal
years 1991 through 2017, and $300,000,000 for each of fiscal
years 2018 through 2022;''.
(b) Technical Amendment.--Section 106(e) (33 U.S.C. 1256(e)) is
amended by striking ``Beginning in fiscal year 1974 the'' and inserting
``The''.
SEC. 103. WATERSHED PILOT PROJECTS.
Section 122(c) is amended to read as follows:
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $120,000,000 for each of fiscal
years 2018 through 2022.''.
SEC. 104. NONPOINT SOURCE MANAGEMENT PROGRAMS.
Section 319(j) (33 U.S.C. 1329(j)) is amended by striking
``$70,000,000'' and all that follows through ``fiscal year 1991'' and
inserting ``$200,000,000 for each of fiscal years 2018 through 2022''.
Subtitle B--State Water Pollution Control Revolving Funds
SEC. 121. CAPITALIZATION GRANT AGREEMENTS.
Section 602(b) (33 U.S.C. 1382(b)) is amended--
(1) in paragraph (13)(B)(iii), by striking ``; and'' and
inserting a semicolon;
(2) in paragraph (14), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(15) the State will use at least 15 percent of the amount
of each capitalization grant received by the State under this
title after September 30, 2017, to provide assistance to
municipalities of fewer than 10,000 individuals that meet the
affordability criteria established by the State under section
603(i)(2) for projects or activities included on the State's
priority list under section 603(g), to the extent that there
are sufficient applications for such assistance.''.
SEC. 122. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
Section 603(d) (33 U.S.C. 1383(d)) 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 a semicolon; and
(3) by adding at the end the following:
``(8) to provide grants to owners and operators of
treatment works that serve a population of 10,000 or fewer for
obtaining technical and planning assistance and assistance in
financial management, user fee analysis, budgeting, capital
improvement planning, facility operation and maintenance,
equipment replacement, and other activities to improve
wastewater treatment plant management and operations, except
that the total amount provided by the State in grants under
this paragraph for a fiscal year may not exceed one percent of
the total amount of assistance provided by the State from the
fund in the preceding fiscal year, or 2 percent of the total
amount received by the State in capitalization grants under
this title in the preceding fiscal year, whichever amount is
greatest; and
``(9) to provide grants to owners and operators of
treatment works for conducting an assessment of the energy and
water consumption of the treatment works, and evaluating
potential opportunities for energy and water conservation
through facility operation and maintenance, equipment
replacement, and projects or activities that promote the
efficient use of energy and water by the treatment works,
except that the total amount provided by the State in grants
under this paragraph for a fiscal year may not exceed one
percent of the total amount of assistance provided by the State
from the fund in the preceding fiscal year, or 2 percent of the
total amount received by the State in capitalization grants
under this title in the preceding fiscal year, whichever amount
is greatest.''.
SEC. 123. STATE PLANNING ASSISTANCE.
Section 604(b) (33 U.S.C. 1384(b)) is amended by striking ``1
percent'' and inserting ``2 percent''.
SEC. 124. INTENDED USE PLAN.
(a) Integrated Priority List.--Section 603(g) (33 U.S.C. 1383(g))
is amended to read as follows:
``(g) Priority List.--
``(1) In general.--For fiscal year 2019 and each fiscal
year thereafter, a State shall establish or update a list of
projects and activities for which assistance is sought from the
State's water pollution control revolving fund. Such projects
and activities shall be listed in priority order based on the
methodology established under paragraph (2). The State may
provide financial assistance from the State's water pollution
control revolving fund only with respect to a project or
activity included on such list. In the case of projects and
activities eligible for assistance under subsection (c)(2), the
State may include on such list a category or subcategory of
nonpoint sources of pollution to be addressed.
``(2) Methodology.--
``(A) In general.--Not later than 1 year after the
date of enactment of this paragraph, and after
providing notice and opportunity for public comment,
each State shall establish a methodology for developing
a priority list under paragraph (1).
``(B) Priority for projects and activities that
achieve greatest water quality improvement.--In
developing the methodology, the State shall seek to
achieve the greatest degree of water quality
improvement, taking into consideration--
``(i) the requirements of section
602(b)(5);
``(ii) whether such water quality
improvements would be realized without
assistance under this title; and
``(iii) whether the proposed projects and
activities would address water quality
impairments associated with existing treatment
works.
``(C) Considerations in selecting projects and
activities.--In determining which projects and
activities will achieve the greatest degree of water
quality improvement, the State shall consider--
``(i) information developed by the State
under sections 303(d) and 305(b);
``(ii) the State's continuing planning
process developed under sections 205(j) and
303(e);
``(iii) whether such project or activity
may have a beneficial impact related to the
purposes identified under section 302(a);
``(iv) the State's management program
developed under section 319; and
``(v) conservation and management plans
developed under section 320 with respect to an
estuary lying in whole or in part within the
State.
``(D) Nonpoint sources.--For categories or
subcategories of nonpoint sources of pollution that a
State may include on its priority list under paragraph
(1), the State shall consider the cumulative water
quality improvements associated with projects or
activities carried out pursuant to the listing of such
categories or subcategories.
``(E) Existing methodologies.--If a State has
previously developed, after providing notice and an
opportunity for public comment, a methodology that
meets the requirements of this paragraph, the State may
use the methodology for the purposes of this
subsection.''.
(b) Intended Use Plan.--Section 606(c) (33 U.S.C. 1386(c)) is
amended--
(1) in the matter preceding paragraph (1) by inserting
``and publish'' after ``each State shall annually prepare'';
(2) by striking paragraph (1) and inserting the following:
``(1) the State's priority list developed under section
603(g);'';
(3) in paragraph (4), by striking ``and'' at the end;
(4) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(5) by adding at the end the following:
``(6) if the State does not fund projects and activities in
the order of the priority established under section 603(g), an
explanation of why such a change in order is appropriate.''.
(c) Transitional Provision.--Before completion of a priority list
based on a methodology established under section 603(g) of the Federal
Water Pollution Control Act (as amended by this section), a State shall
continue to comply with the requirements of sections 603(g) and 606(c)
of such Act, as in effect on the day before the date of enactment of
this Act.
SEC. 125. TECHNICAL ASSISTANCE.
Section 607 is amended to read as follows:
``SEC. 607. TECHNICAL ASSISTANCE.
``(a) Simplified Procedures.--Not later than 1 year after the date
of enactment of this section, the Administrator shall assist the States
in establishing simplified procedures for treatment works to obtain
assistance under this title.
``(b) Publication of Manual.--Not later than 2 years after the date
of the enactment of this section, and after providing notice and
opportunity for public comment, the Administrator shall publish a
manual to assist treatment works in obtaining assistance under this
title and publish in the Federal Register notice of the availability of
the manual.''.
SEC. 126. AUTHORIZATION OF APPROPRIATIONS.
Title VI (33 U.S.C. 1381 et seq.) is amended by adding at the end
the following:
``SEC. 609. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out the purposes
of this title $4,000,000,000 for each of fiscal years fiscal year 2018
through 2022.''.
TITLE II--ALTERNATIVE WATER SOURCE AND SEWER OVERFLOW AND STORMWATER
GRANTS
SEC. 201. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
(a) Selection of Projects.--Section 220(d) (33 U.S.C. 1300(d)) is
amended by striking paragraph (2) and redesignating paragraph (3) as
paragraph (2).
(b) Committee Resolution Procedure.--Section 220 (33 U.S.C.
1300(e)) is amended by striking subsection (e) and redesignating
subsections (f) through (j) as subsections (e) through (i),
respectively.
(c) Definitions.--Section 220(h)(1) (as redesignated by subsection
(c) of this section) is amended by striking ``or wastewater or by
treating wastewater'' and inserting ``, wastewater, or stormwater or by
treating wastewater or stormwater''.
(d) Authorization of Appropriations.--Section 220(i) (as
redesignated by subsection (c) of this section) is amended by striking
``$75,000,000 for fiscal years 2002 through 2004'' and inserting
``$75,000,000 for each of fiscal years 2018 through 2022''.
SEC. 202. SEWER OVERFLOW CONTROL GRANTS.
Section 221 (33 U.S.C. 1301) is amended--
(1) by amending the section heading to read as follows:
``sewer overflow and stormwater reuse municipal grants'';
(2) by amending subsection (a) to read as follows:
``(a) In General.--
``(1) Grants to states.--The Administrator may make grants
to States for the purpose of providing grants to a municipality
or municipal entity for planning, design, and construction of
treatment works to intercept, transport, control, treat, or
reuse municipal combined sewer overflows, sanitary sewer
overflows, or stormwater.
``(2) Direct municipal grants.--Subject to subsection (g),
the Administrator may make a direct grant to a municipality or
municipal entity for the purposes described in paragraph
(1).'';
(3) by amending subsection (e) to read as follows:
``(e) Administrative Requirements.--A project that receives
assistance under this section shall be carried out subject to the same
requirements as a project that receives assistance from a State water
pollution control revolving fund under title VI, except to the extent
that the Governor of the State in which the project is located
determines that a requirement of title VI is inconsistent with the
purposes of this section. For the purposes of this subsection, a
Governor may not determine that the requirements of title VI relating
to the application of section 513 are inconsistent with the purposes of
this section.'';
(4) by amending subsection (f) to read as follows:
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $500,000,000 for each of fiscal years
2018 through 2022.
``(2) Minimum allocations.--To the extent there are
sufficient eligible project applications, the Administrator
shall ensure that a State uses not less than 20 percent of the
amount of the grants made to the State under subsection (a) in
a fiscal year to carry out projects to intercept, transport,
control, treat, or reuse municipal combined sewer overflows,
sanitary sewer overflows, or stormwater through the use of
green infrastructure, water and energy efficiency improvements,
and other environmentally innovative activities.''; and
(5) by amending subsection (g) to read as follows:
``(g) Allocation of Funds.--
``(1) Fiscal year 2018.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2018 for making grants to
municipalities and municipal entities under subsection (a)(2)
in accordance with the criteria set forth in subsection (b).
``(2) Fiscal year 2019 and thereafter.--Subject to
subsection (h), the Administrator shall use the amounts
appropriated to carry out this section for fiscal year 2019 and
each fiscal year thereafter for making grants to States under
subsection (a)(1) in accordance with a formula to be
established by the Administrator, after providing notice and an
opportunity for public comment, that allocates to each State a
proportional share of such amounts based on the total needs of
the State for municipal combined sewer overflow controls,
sanitary sewer overflow controls, and stormwater identified in
the most recent survey conducted pursuant to section 516 and
any other information the Administrator considers
appropriate.''. | Water Quality Protection and Job Creation Act of 2017 The bill amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to reauthorize through FY2022: programs for preventing and reducing pollution through research, investigations, and training; state and interstate water pollution control programs; wet weather watershed pilot projects; a grant program for implementing state management programs for controlling pollution added from nonpoint sources (e.g., pollution on the ground picked up by rain) to navigable waters; a grant program for protecting groundwater quality; clean water state revolving funds; a pilot program for alternative water source projects; and sewer overflow and stormwater reuse municipal grants (formally known as sewer overflow control grants). The bill authorizes the Environmental Protection Agency to make grants to rural, small, and tribal municipalities for addressing pollution. The bill revises requirements governing capitalization grant agreements, clean water state revolving funds, and sewer overflow and stormwater reuse municipal grants. | [
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SECTION 1. SHORT TITLE.
This Act may be cited as the ``Medicare Part D Improvement Act of
2007''.
SEC. 2. REFORM OF ``DONUT HOLE''.
(a) Counting Certain Expenditures Towards Out-of-Pocket Limits.--
(1) In general.--Section 1860D-2(b)(4)(C) of the Social
Security Act (42 U.S.C. 1395w-102(b)(4)(C)) is amended--
(A) in clause (i), by striking ``and'' at the end;
(B) in clause (ii)--
(i) by striking ``such costs shall be
treated as incurred only if'' and inserting
``subject to clause (iii), such costs shall be
treated as incurred if'';
(ii) by striking ``, under section 1860D-
14, or under a State Pharmaceutical Assistance
Program'';
(iii) by striking ``(other than under such
section or such a Program)''; and
(iv) by striking the period at the end and
inserting ``; and''; and
(C) by inserting after clause (ii) the following
new clause:
``(iii) such costs shall be treated as
incurred and shall not be considered to be
reimbursed under clause (ii) if such costs are
borne or paid--
``(I) under section 1860D-14;
``(II) under a State Pharmaceutical
Assistance Program;
``(III) by the Indian Health
Service, an Indian tribe or tribal
organization, or an urban Indian
organization (as defined in section 4
of the Indian Health Care Improvement
Act);
``(IV) by a rural health clinic or
Federally qualified health center (as
defined in section 1861(aa));
``(V) under an AIDS Drug Assistance
Program under part B of title XXVI of
the Public Health Service Act;
``(VI) by a pharmaceutical
manufacturer patient assistance
program, either directly or through the
distribution or donation of covered
part D drugs, which shall be valued at
the negotiated price of such covered
part D drug under the enrollee's
prescription drug plan or MA-PD plan as
of the date that the drug was
distributed or donated; or
``(VII) by a subsection (d)
hospital (as defined in section
1886(d)(1)(B) that meets the
requirements of clauses (i) and (ii) of
the section 340B(a)(4)(L) of the Public
Health Service Act.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to costs incurred on or after January 1, 2008, for
plan years beginning on or after such date.
(b) Report on Closing the Gap.--The Secretary of Health and Human
Services shall conduct a study on how to eliminate the gap in Medicare
part D prescription drug coverage created through the application of an
initial coverage limit and how to finance such elimination. Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall submit to Congress a report on such study.
SEC. 3. CONFORMING LATE ENROLLMENT PENALTY TO MEDICARE PART B PENALTY
STRUCTURE.
(a) In General.--Section 1860D-13(b)(3) of the Social Security Act
(42 U.S.C. 1395w-113(b)(3)) is amended by striking ``is the greater
of'' and all that follows and inserting the following: ``is 10 percent
of the base beneficiary premium (as computed under subsection (a)(2))
for each continuous period of 12 consecutive uncovered months in such
period''.
(b) Not Counting Periods of Non-Enrollment During First Year of
Program.--Subparagraph (B) of such section is amended by inserting
``(after December 2007)'' after ``any month''.
(c) Presumption of Errors in Enrollment or Nonenrollment Due to
Official Error.--Section 1837(h) of such Act (42 U.S.C. 1395p(h)) is
amended by adding at the end the following: ``In applying the previous
sentence, an individual's unintentional, inadvertent, or erroneous
enrollment or nonenrollment shall be presumed to be the result of an
error, misrepresentation, or inaction of an officer, employee, or agent
of the Federal Government, or its instrumentalities, unless the
Secretary demonstrates otherwise.''.
(d) Effective Dates.--The amendments made by subsections (a) and
(b) shall apply to late enrollment penalties for months beginning with
January 2008. The amendment made by subsection (c) shall take effect on
January 1, 2008, and shall apply as of such date to enrollments (and
non-enrollments) occurring before, on, or after such date.
SEC. 4. MORE FREQUENT CHANGES IN PLANS PERMITTED.
(a) In General.--Section 1860D-1(b)(3) of the Social Security Act
(42 U.S.C. 1395w-101(b)(3)) is amended by adding at the end the
following new subparagraph:
``(F) Same frequency as changes in formularies.--In
the case of an individual enrolled in a prescription
drug plan (or MA-PD plan), as often as the Secretary
permits such plan to make changes in its formulary.''.
(b) Permitting Change in Enrollment During First 3 Months of Each
Year as Permitted Under the Medicare Advantage Program.--Section 1860D-
1(b)(1)(B)(iii) of such Act (42 U.S.C. 1395w-101(b)(1)(B)(iii)) is
amended by striking ``, (C),''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2008.
SEC. 5. LOW INCOME SUBSIDY IMPROVEMENTS.
(a) Removal of Asset Test.--
(1) In general.--Section 1860D-14(a) of the Social Security
Act (42 U.S.C. 1395w-114(a)) is amended--
(A) in paragraph (1), in the matter before
subparagraph (A), by striking ``and who meets the
resources requirement described in paragraph (3)(D)'';
and
(B) in paragraph (3)--
(i) in paragraph (3)(A), by adding ``and''
at the end of clause (i), by striking ``; and''
at the end of clause (ii) and inserting a
period, and by striking clause (iii); and
(ii) by striking subparagraphs (D) and (E).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to benefits for months beginning with January 2008.
(b) Elimination of Late Enrollment Penalties for Subsidy Eligible
Individuals.--
(1) In general.--Section 1860D-13(b)(2) of the Social
Security Act (42 U.S.C. 1395w-113(b)(2)) is amended by
inserting ``who is not a subsidy eligible individual and''
after ``an individual''.
(2) Conforming amendments.--Section 1860D-14 of such Act
(42 U.S.C. 1395w-114) is amended--
(A) in subsection (a)(1)(A), by striking ``equal
to'' and all that follows and inserting the following:
``100 percent of the amount described in subsection
(b)(1), but not to exceed the premium amount specified
in subsection (b)(2)(B).''; and
(B) in subsection (b)(2)(B), by striking the last
sentence.
(3) Effective date.--The amendments made by this subsection
shall apply to late enrollment penalties for months beginning
with January 2008. | Medicare Part D Improvement Act of 2007 - Amends part D (Voluntary Prescription Drug Benefit Program) of the Social Security Act to revise requirements for the Medicare prescription drug program with respect to: (1) counting certain expenditures towards out-of-pocket limits; (2) conforming the late enrollment penalty to the Medicare part B penalty structure; (3) allowing more frequent changes in plans; and (4) removing the asset test and eliminating late enrollment penalties for low-income subsidy eligible individuals.
Directs the Secretary of Health and Human Services to study and report to Congress on how to: (1) eliminate the gap in Medicare part D prescription drug coverage created through the application of an initial coverage limit; and (2) finance such elimination. | [
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SECTION 1. SHORT TITLE.
This title may be cited as the ``Habeas Corpus Revision Act of
1994''.
SEC. 2. STATUTE OF LIMITATIONS.
Section 2254 of title 28, United States Code, is amended by adding
at the end the following:
``(g)(1) In the case of an applicant under sentence of death, any
application for habeas corpus relief under this section must be filed
in the appropriate district court not later than 1 year after--
``(A) the date of denial of a writ of certiorari, if a
petition for a writ of certiorari to the highest court of the
State on direct appeal or unitary review of the conviction and
sentence is filed, within the time limits established by law,
in the Supreme Court;
``(B) the date of issuance of the mandate of the highest
court of the State on direct appeal or unitary review of the
conviction and sentence, if a petition for a writ of certiorari
is not filed, within the time limits established by law, in the
Supreme Court; or
``(C) the date of issuance of the mandate of the Supreme
Court, if on a petition for a writ of certiorari the Supreme
Court grants the writ and disposes of the case in a manner that
leaves the capital sentence undisturbed.
``(2) The time requirements established by this section shall be
tolled--
``(A) during any period in which the State has failed to
provide counsel as required in section 2257 of this chapter;
``(B) during the period from the date the applicant files
an application for State postconviction relief until final
disposition of the application by the State appellate courts,
if all filing deadlines are met; and
``(C) during an additional period not to exceed 90 days, if
counsel moves for an extension in the district court that would
have jurisdiction of a habeas corpus application and makes a
showing of good cause.''.
SEC. 3. STAYS OF EXECUTION IN CAPITAL CASES.
Section 2251 of title 28, United States Code, is amended--
(1) by inserting ``(a)(1)'' before the first paragraph;
(2) by inserting ``(2)'' before the second paragraph; and
(3) by adding at the end the following:
``(b) In the case of an individual under sentence of death, a
warrant or order setting an execution shall be stayed upon application
to any court that would have jurisdiction over an application for
habeas corpus under this chapter. The stay shall be contingent upon
reasonable diligence by the individual in pursuing relief with respect
to such sentence and shall expire if--
``(1) the individual fails to apply for relief under this
chapter within the time requirements established by section
2254(g) of this chapter;
``(2) upon completion of district court and court of
appeals review under section 2254 of this chapter, the
application is denied and--
``(A) the time for filing a petition for a writ of
certiorari expires before a petition is filed;
``(B) a timely petition for a writ of certiorari is
filed and the Supreme Court denies the petition; or
``(C) a timely petition for certiorari is filed
and, upon consideration of the case, the Supreme Court
disposes of it in a manner that leaves the capital
sentence undisturbed; or
``(3) before a court of competent jurisdiction, in the
presence of counsel qualified under section 2257 of this
chapter and after being advised of the consequences of the
decision, an individual waives the right to pursue relief under
this chapter.''.
SEC. 4. LAW APPLICABLE.
(a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 2256. Law applicable
``(a) Except as provided in subsection (b), in an action under this
chapter, the court shall not apply a new rule.
``(b) A court shall apply a new rule, if the new rule--
``(1) places the claimant's conduct beyond the power of the
criminal law-making authority to proscribe or punish with the
sanction imposed; or
``(2) requires the observance of procedures without which
the likelihood of an accurate conviction or valid capital
sentence is seriously diminished.
``(c) As used in this section, the term `new rule' means a clear
break from precedent, announced by the Supreme Court of the United
States, that could not reasonably have been anticipated at the time the
claimant's sentence became final in State court. A rule is not `new'
merely because it was not dictated or compelled by the precedents
existing at that time or because, at that time, it was susceptible to
debate among reasonable minds.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding at
the end the following:
``2256. Law applicable.''.
SEC. 5. COUNSEL IN CAPITAL CASES; STATE COURT.
(a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 804 of this
subtitle the following:
``Sec. 2257. Counsel in capital cases; State court
``(a) Notwithstanding section 2254(d) of this chapter, the court in
an action under this chapter shall neither presume a finding of fact
made in a State court proceeding specified in subsection (b)(1) of this
section to be correct nor decline to consider a claim on the ground
that it was not raised in such a proceeding at the time or in the
manner prescribed by State law, unless--
``(1) the relevant State maintains a mechanism for
providing legal services to indigents in capital cases that
meets the specifications in subsection (b) of this section;
``(2) if the applicant in the instant case was eligible for
the appointment of counsel and did not waive such an
appointment, the State actually appointed an attorney or
attorneys to represent the applicant in the State proceeding in
which the finding of fact was made or the default occurred; and
``(3) the attorney or attorneys so appointed substantially
met both the qualification standards specified in subsection
(b)(3)(A) or (b)(4) of this section and the performance
standards established by the appointing authority.
``(b) A mechanism for providing legal services to indigents within
the meaning of subsection (a)(1) of this section shall include the
following elements:
``(1) The State shall provide legal services to--
``(A) indigents charged with offenses for which
capital punishment is sought;
``(B) indigents who have been sentenced to death
and who seek appellate, collateral, or unitary review
in State court; and
``(C) indigents who have been sentenced to death
and who seek certiorari review of State court judgments
in the United States Supreme Court.
``(2) The State shall establish a counsel authority, which
shall be--
``(A) a statewide defender organization;
``(B) a resource center; or
``(C) a counsel authority appointed by the highest
State court having jurisdiction over criminal matters,
consisting of members of the bar with substantial
experience in, or commitment to, the representation of
criminal defendants in capital cases, and comprised of
a balanced representation from each segment of the
State's criminal defense bar.
``(3) The counsel authority shall--
``(A) publish a roster of attorneys qualified to be
appointed in capital cases, procedures by which
attorneys are appointed, and standards governing
qualifications and performance of counsel, which shall
include--
``(i) knowledge and understanding of
pertinent legal authorities regarding issues in
capital cases; and
``(ii) skills in the conduct of
negotiations and litigation in capital cases,
the investigation of capital cases and the
psychiatric history and current condition of
capital clients, and the preparation and
writing of legal papers in capital cases;
``(B) monitor the performance of attorneys
appointed and delete from the roster any attorney who
fails to meet qualification and performance standards;
and
``(C) appoint a defense team, which shall include
at least 2 attorneys, to represent a client at the
relevant stage of proceedings, within 30 days after
receiving notice of the need for the appointment from
the relevant State court.
``(4) An attorney who is not listed on the roster shall be
appointed only on the request of the client concerned and in
circumstances in which the attorney requested is able to
provide the client with quality legal representation.
``(5) No counsel appointed pursuant to this section to
represent a prisoner in State postconviction proceedings shall
have previously represented the prisoner at trial or on direct
appeal in the case for which the appointment is made, unless
the prisoner and counsel expressly request continued
representation.
``(6) The ineffectiveness or incompetence of counsel
appointed pursuant to this section during State or Federal
postconviction proceedings shall not be a ground for relief in
a proceeding arising under section 2254 of this title. This
limitation shall not preclude the appointment of different
counsel at any phase of State or Federal postconviction
proceedings.
``(7) Upon receipt of notice from the counsel authority
that an individual entitled to the appointment of counsel under
this section has declined to accept such an appointment, the
court requesting the appointment shall conduct, or cause to be
conducted, a hearing, at which the individual and counsel
proposed to be appointed under this section shall be present,
to determine the individual's competency to decline the
appointment, and whether the individual has knowingly and
intelligently declined it.
``(8) Attorneys appointed pursuant to this section shall be
compensated on an hourly basis pursuant to a schedule of hourly
rates as periodically established by the counsel authority
after consultation with the highest State court with
jurisdiction over criminal matters. Appointed counsel shall be
reimbursed for expenses reasonably incurred in representing the
client, including the costs of law clerks, paralegals,
investigators, experts, or other support services.
``(9) Support services for staff attorneys of a defender
organization or resource center shall be equal to the services
listed in paragraph (8).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 804 the following:
``2257. Counsel in capital cases; State court.''.
SEC. 6. SUCCESSIVE FEDERAL PETITIONS.
Section 2244(b) of title 28, United States Code, is amended--
(1) by inserting ``(1)'' after ``(b)'';
(2) by inserting ``, in the case of an applicant not under
sentence of death,'' after ``When''; and
(3) by adding at the end the following:
``(2) In the case of an applicant under sentence of death,
a claim presented in a second or successive application, that
was not presented in a prior application under this chapter,
shall be dismissed unless--
``(A) the applicant shows that--
``(i) the basis of the claim could not have
been discovered by the exercise of reasonable
diligence before the applicant filed the prior
application; or
``(ii) the failure to raise the claim in
the prior application was due to action by
State officials in violation of the
Constitution of the United States; and
``(B) the facts underlying the claim would be
sufficient, if proven, to undermine the court's
confidence in the applicant's guilt of the offense or
offenses for which the capital sentence was imposed, or
in the validity of that sentence under Federal law.''.
SEC. 7. CERTIFICATES OF PROBABLE CAUSE.
The third paragraph of section 2253, of title 28, United States
Code, is amended to read as follows:
``An appeal may not be taken to the court of appeals from
the final order in a habeas corpus proceeding where the
detention complained of arises out of process issued by a State
court, unless the justice or judge who rendered the order or a
circuit justice or judge issues a certificate of probable
cause. However, an applicant under sentence of death shall have
a right of appeal without a certification of probable cause,
except after denial of a second or successive application.''.
SEC. 8. DUTIES OF THE DISTRICT COURT.
Section 2254(a) of title 28, United States Code, is amended by
adding at the end the following:
``In adjudicating the merits of any such ground, the court
shall exercise independent judgment in ascertaining the
pertinent Federal legal standards and in applying those
standards to the facts and shall not defer to a previous State
court judgment regarding a Federal legal standard or its
application. Upon request, the court shall permit the parties
to present evidence regarding material facts that were not
adequately developed in State court. The court shall award
relief with respect to any meritorious constitutional ground,
unless, in the case of a violation that can be harmless, the
respondent shows that the error was harmless beyond a
reasonable doubt.''.
SEC. 9. CLAIMS OF INNOCENCE.
(a) In General.--Chapter 153 of title 28, United States Code, is
amended by adding after the provision added by section 805 of this
subtitle the following:
``Sec. 2258. Claims of innocence
``(a) At any time, and notwithstanding any other provision of law,
a district court shall issue habeas corpus relief on behalf of an
applicant under sentence of death, imposed either in Federal or in
State court, who offers credible newly discovered evidence which, had
it been presented to the trier of fact or sentencing authority at
trial, would probably have resulted in--
``(1) an acquittal of the offense for which the death
sentence was imposed; or
``(2) a sentence other than death.
``(b) An application filed pursuant to subsection (a) shall offer
substantial evidence which, if credible, would establish one of the
standards in subsection (a)(1) or (2). An application that fails to do
so may be dismissed.
``(c) If the court concludes that an application meets the
requirements in subsection (b), the court shall--
``(1) order the respondent to file an answer;
``(2) permit the parties to conduct reasonable discovery;
``(3) conduct a hearing to resolve disputed issues of fact;
and
``(4) upon request, issue a stay of execution pending
further proceedings in the district court and on direct review
of the district court's judgment.
``(d) If the court concludes that the applicant meets the standards
established by subsection (a)(1) or (2), the court shall order his or
her release, unless a new trial or, in an appropriate case, a new
sentencing proceeding, is conducted within a reasonable time.
``(e) If the court determines that the applicant is currently
entitled to pursue other available and effective remedies in either
State or Federal court, the court may, at the request of either party,
suspend its consideration of the application under this section until
the applicant has exhausted those remedies. A stay issued pursuant to
subsection (c) shall remain in effect during such a suspension.
``(f) An application under this section may be consolidated with
any other pending application under this chapter, filed by the same
applicant.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 153 of title 28, United States Code, is amended by adding after
the provision added by section 805 of this subtitle the following:
``2258. Claims of innocence.''.
SEC. 10. PROCEDURAL DEFAULT IN STATE COURT.
Section 2254 of title 28, United States Code, is amended by adding
the following:
``(h)(1) A district court shall decline to consider a claim under
this section if--
``(A) the applicant previously failed to raise the claim in
State court at the time and in the manner prescribed by State
law; the State courts, for that reason, refused or would refuse
to entertain the claim; such refusal would constitute an
adequate and independent State law ground that would foreclose
direct review of the State court judgment in the Supreme Court
of the United States; and
``(B) the applicant fails to show cause for the failure to
raise the claim in State court and prejudice to the applicant's
right to fair proceedings or to an accurate outcome resulting
from the alleged violation of the Federal right asserted, or
that failure to consider the claim would result in a
miscarriage of justice.
``(2) The court shall not find cause in any case in which it
appears that the applicant or counsel deliberately withheld a claim
from the State courts for strategic purposes. An applicant may
establish cause by showing that--
``(A) the factual basis of the claim could not have been
discovered by the exercise of reasonable diligence before the
applicant could have raised the claim in State court;
``(B) the claim relies on a decision of the Supreme Court
of the United States, announced after the applicant might have
raised the claim in State court; or
``(C) the failure to raise the claim in State court was due
to interference by State officials, counsel's ignorance or
neglect, or counsel's ineffective assistance in violation of
the Constitution.''.
HR 4018 RH----2 | Habeas Corpus Revision Act of 1994 - Amends the Federal judicial code to revise provisions governing habeas corpus procedures, particularly in capital cases.
Establishes a statute of limitations of one year for the filing of an application for habeas corpus relief from a sentence of death. Prescribes periods during which such time requirement shall be tolled, including any period during which the applicant is not represented by counsel. Provides for dismissal of an application for failure to comply with such time requirement, except where the waiver of such requirement is warranted by exceptional circumstances.
(Sec. 3) Specifies requirements for stays of execution in capital cases.
(Sec. 4) Prohibits the court from applying a new rule representing a clear break from precedent announced by the U.S. Supreme Court that could not have reasonably been anticipated at the time the claimant's sentence became final in State court, unless such rule: (1) places the claimant's conduct beyond the power of the criminal law-making authority to proscribe or punish with the sanction imposed; or (2) requires the observance of procedures without which the likelihood of an accurate conviction or valid capital sentence is seriously diminished.
(Sec. 5) Bars the court from presuming a finding of fact made in certain State court proceedings to be correct or from declining to consider a claim on the ground that it was not raised in such a proceeding at the time or in the manner prescribed by State law, unless: (1) the relevant State maintains a mechanism for providing legal services to indigents in capital cases which meets specified requirements; (2) the State actually appointed an attorney to represent an applicant who was eligible for and did not waive such appointment in the State proceeding in which the finding of fact was made or the default occurred; and (3) any attorney so appointed substantially met specified qualification standards and the performance standards established by the appointing authority.
(Sec. 6) Requires that, in the case of an applicant for Federal habeas corpus relief under sentence of death, a claim presented in a second or successive application be dismissed unless the applicant shows that: (1) the basis of the claim could not have been discovered by the exercise of reasonable diligence before the applicant filed the prior application, or the failure to raise the claim in the prior application was due to action by State officials in violation of the U.S. Constitution; and (2) the facts underlying the claim would be sufficient, if proven, to undermine the court's confidence in the applicant's guilt of the offense for which the capital sentence was imposed, or in the validity of that sentence under Federal law.
(Sec. 7) Grants an applicant under sentence of death the right to appeal without a certification of probable cause, except after denial of a second or successive application.
(Sec. 8) Requires the district court, in adjudicating habeas corpus cases, to: (1) exercise independent judgment in ascertaining the pertinent Federal legal standards and in applying those standards to the facts when adjudicating the merits of a particular ground (rather than deferring to a previous State court judgment regarding a Federal legal standard or its application); (2) issue habeas corpus relief at any time on behalf of an applicant under sentence of death imposed either in Federal or State court who offers newly discovered evidence which, had it been presented to the trier of fact or sentencing authority at trial, would probably have resulted in an acquittal of the offense for which the death sentence was imposed or a sentence other than death; and (3) decline to consider a habeas corpus claim under specified circumstances. | [
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] |
SECTION 1. SHORT TITLE.
This Act may be cited as the ``American 5-Cent Coin Design
Continuity Act of 2003''.
TITLE I--UNITED STATES 5-CENT COIN DESIGN CONTINUITY
SEC. 101. DESIGNS ON THE 5-CENT COIN.
(a) In General.--Subject to subsection (b) and after consulting
with the Citizens Coinage Advisory Committee and the Commission of Fine
Arts, the Secretary of the Treasury may change the design on the
obverse and the reverse of the 5-cent coin for coins issued in 2003,
2004, and 2005 in recognition of the bicentennial of the Louisiana
Purchase and the expedition of Meriwether Lewis and William Clark.
(b) Design Specifications.--
(1) Obverse.--If the Secretary of the Treasury elects to change
the obverse of 5-cent coins issued during 2003, 2004, and 2005, the
design shall depict a likeness of President Thomas Jefferson,
different from the likeness that appeared on the obverse of the 5-
cent coins issued during 2002, in recognition of his role with
respect to the Louisiana Purchase and the commissioning of the
Lewis and Clark expedition.
(2) Reverse.--If the Secretary of the Treasury elects to change
the reverse of the 5-cent coins issued during 2003, 2004, and 2005,
the design selected shall depict images that are emblematic of the
Louisiana Purchase or the expedition of Meriwether Lewis and
William Clark.
(3) Other inscriptions.--5-cent coins issued during 2003, 2004,
and 2005 shall continue to meet all other requirements for
inscriptions and designations applicable to circulating coins under
section 5112(d)(1) of title 31, United States Code.
SEC. 102. DESIGNS ON THE 5-CENT COIN SUBSEQUENT TO THE RECOGNITION OF
THE BICENTENNIAL OF THE LOUISIANA PURCHASE AND THE LEWIS
AND CLARK EXPEDITION.
(a) In General.--Section 5112(d)(1) of title 31, United States
Code, is amended by inserting after the 4th sentence the following new
sentence: ``Subject to other provisions of this subsection, the obverse
of any 5-cent coin issued after December 31, 2005, shall bear the
likeness of Thomas Jefferson and the reverse of any such 5-cent coin
shall bear an image of the home of Thomas Jefferson at Monticello.''.
(b) Design Consultation.--The 2d sentence of section 5112(d)(2) of
title 31, United States Code, is amended by inserting ``, after
consulting with the Citizens Coinage Advisory Committee and the
Commission of Fine Arts,'' after ``The Secretary may''.
SEC. 103. CITIZENS COINAGE ADVISORY COMMITTEE.
(a) In General.--Section 5135 of title 31, United States Code, is
amended to read as follows:
``Sec. 5135. Citizens Coinage Advisory Committee
``(a) Establishment.--
``(1) In general.--There is hereby established the Citizens
Coinage Advisory Committee (in this section referred to as the
`Advisory Committee') to advise the Secretary of the Treasury on
the selection of themes and designs for coins.
``(2) Oversight of advisory committee.--The Advisory Committee
shall be subject to the authority of the Secretary of the Treasury
(hereafter in this section referred to as the `Secretary').
``(b) Membership.--
``(1) Appointment.--The Advisory Committee shall consist of 11
members appointed by the Secretary as follows:
``(A) Seven persons appointed by the Secretary--
``(i) one of whom shall be appointed from among
individuals who are specially qualified to serve on the
Advisory Committee by virtue of their education, training,
or experience as a nationally or internationally recognized
curator in the United States of a numismatic collection;
``(ii) one of whom shall be appointed from among
individuals who are specially qualified to serve on the
Advisory Committee by virtue of their experience in the
medallic arts or sculpture;
``(iii) one of whom shall be appointed from among
individuals who are specially qualified to serve on the
Advisory Committee by virtue of their education, training,
or experience in American history;
``(iv) one of whom shall be appointed from among
individuals who are specially qualified to serve on the
Advisory Committee by virtue of their education, training,
or experience in numismatics; and
``(v) three of whom shall be appointed from among
individuals who can represent the interests of the general
public in the coinage of the United States.
``(B) Four persons appointed by the Secretary on the basis
of the recommendations of the following officials who shall
make the selection for such recommendation from among citizens
whoare specially qualified to serve on the Advisory Committee
by virtue of their education, training, or experience:
``(i) One person recommended by the Speaker of the
House of Representatives.
``(ii) One person recommended by the minority leader of
the House of Representatives.
``(iii) One person recommended by the majority leader
of the Senate.
``(iv) One person recommended by the minority leader of
the Senate.
``(2) Terms.--
``(A) In general.--Except as provided in subparagraph (B),
members of the Advisory Committee shall be appointed for a term
of 4 years.
``(B) Terms of initial appointees.--As designated by the
Secretary at the time of appointment, of the members first
appointed--
``(i) four of the members appointed under paragraph
(1)(A) shall be appointed for a term of 4 years;
``(ii) the four members appointed under paragraph
(1)(B) shall be appointed for a term of 3 years; and
``(iii) three of the members appointed under paragraph
(1)(A) shall be appointed for a term of 2 years.
``(3) Preservation of public advisory status.--No individual
may be appointed to the Advisory Committee while serving as an
officer or employee of the Federal Government.
``(4) Continuation of service.--Each appointed member may
continue to serve for up to 6 months after the expiration of the
term of office to which such member was appointed until a successor
has been appointed.
``(5) Vacancy and removal.--
``(A) In general.--Any vacancy on the Advisory Committee
shall be filled in the manner in which the original appointment
was made.
``(B) Removal.--Advisory Committee members shall serve at
the discretion of the Secretary and may be removed at any time
for good cause.
``(6) Chairperson.--The Chairperson of the Advisory Committee
shall be appointed for a term of 1 year by the Secretary from among
the members of the Advisory Committee.
``(7) Pay and expenses.--Members of the Advisory Committee
shall serve without pay for such service but each member of the
Advisory Committee shall be reimbursed from the United States Mint
Public Enterprise Fund for travel, lodging, meals, and incidental
expenses incurred in connection with attendance of such members at
meetings of the Advisory Committee in the same amounts and under
the same conditions as employees of the United States Mint who
engage in official travel, as determined by the Secretary.
``(8) Meetings.--
``(A) In general.--The Advisory Committee shall meet at the
call of the Secretary, the chairperson, or a majority of the
members, but not less frequently than twice annually.
``(B) Open meetings.--Each meeting of the Advisory
Committee shall be open to the public.
``(C) Prior notice of meetings.--Timely notice of each
meeting of the Advisory Committee shall be published in the
Federal Register, and timely notice of each meeting shall be
made to trade publications and publications of general
circulation.
``(9) Quorum.--Seven members of the Advisory Committee shall
constitute a quorum.
``(c) Duties of the Advisory Committee.--The duties of the Advisory
Committee are as follows:
``(1) Advising the Secretary of the Treasury on any theme or
design proposals relating to circulating coinage, bullion coinage,
congressional gold medals and national and other medals produced by
the Secretary of the Treasury in accordance with section 5111 of
title 31, United States Code.
``(2) Advising the Secretary of the Treasury with regard to--
``(A) the events, persons, or places that the Advisory
Committee recommends be commemorated by the issuance of
commemorative coins in each of the 5 calendar years succeeding
the year in which a commemorative coin designation is made;
``(B) the mintage level for any commemorative coin
recommended under subparagraph (A); and
``(C) the proposed designs for commemorative coins.
``(d) Expenses.--The expenses of the Advisory Committee that the
Secretary of the Treasury determines to be reasonable and appropriate
shall be paid by the Secretary from the United States Mint Public
Enterprise Fund.
``(e) Administrative Support, Technical Services, and Advice.--Upon
the request of the Advisory Committee, or as necessary for the Advisory
Committee to carry out the responsibilities of the Advisory Committee
under this section, the Director of the United States Mint shall
provide to the Advisory Committee the administrative support, technical
services, and advice that the Secretary of the Treasury determines to
be reasonable and appropriate.
``(f) Consultation Authority.--In carrying out the duties of the
Advisory Committee under this section, the Advisory Committee may
consult with the Commission of Fine Arts.
``(g) Annual Report.--
``(1) Required.--Not later than September 30 of each year, the
Advisory Committee shall submit a report to the Secretary, the
Committee on Financial Services of the House of Representatives and
the Committee on Banking, Housing, and Urban Affairs of the Senate.
Should circumstances arise in which the Advisory Committee cannot
meet the September 30 deadline in any year, the Secretary shall
advise the Chairpersons of the Committee on Financial Services of
the House of Representatives and the Committee on Banking, Housing,
and Urban Affairs of the Senate of the reasons for such delay and
the date on which the submission of the report is anticipated.
``(2) Contents.--The report required by paragraph (1) shall
describe the activities of the Advisory Committee during the
preceding year and the reports and recommendations made by the
Advisory Committee to the Secretary of the Treasury.
``(h) Federal Advisory Committee Act Does Not Apply.--Subject to
the requirements of subsection (b)(8), the Federal Advisory Committee
Act shall not apply with respect to the Committee.''.
(b) Abolishment of Citizens Commemorative Coin Advisory
Committee.--Effective on the date of the enactment of this Act, the
Citizens CommemorativeCoin Advisory Committee (established by section
5135 of title 31, United States Code, as in effect before the amendment
made by subsection (a)) is hereby abolished.
(c) Continuity of Members of Citizens Commemorative Coin Advisory
Committee.--Subject to paragraphs (1) and (2) of section 5135(b) of
title 31, United States Code, any person who is a member of the
Citizens Commemorative Coin Advisory Committee on the date of the
enactment of this Act, other than the member of such committee who is
appointed from among the officers or employees of the United States
Mint, may continue to serve the remainder of the term to which such
member was appointed as a member of the Citizens Coinage Advisory
Committee in one of the positions as determined by the Secretary.
(d) Technical and Conforming Amendments.--
(1) Section 5112(l)(4)(A)(ii) of title 31, United States Code,
is amended by striking ``Citizens Commemorative Coin Advisory
Committee'' and inserting ``Citizens Coinage Advisory Committee''.
(2) Section 5134(c) of title 31, United States Code, is
amended--
(A) by striking paragraph (4); and
(B) by redesignating paragraph (5) as paragraph (4).
TITLE II--TECHNICAL AND CLARIFYING PROVISIONS
SEC. 201. CLARIFICATION OF EXISTING LAW.
(a) In General.--Section 5134(f)(1) of title 31, United States
Code, is amended to read as follows:
``(1) Payment of surcharges.--
``(A) In general.--Notwithstanding any other provision of
law, no amount derived from the proceeds of any surcharge
imposed on the sale of any numismatic item shall be paid from
the fund to any designated recipient organization unless--
``(i) all numismatic operation and program costs
allocable to the program under which such numismatic item
is produced and sold have been recovered; and
``(ii) the designated recipient organization submits an
audited financial statement that demonstrates, to the
satisfaction of the Secretary, that, with respect to all
projects or purposes for which the proceeds of such
surcharge may be used, the organization has raised funds
from private sources for such projects and purposes in an
amount that is equal to or greater than the total amount of
the proceeds of such surcharge derived from the sale of
such numismatic item.
``(B) Unpaid amounts.--If any amount derived from the
proceeds of any surcharge imposed on the sale of any numismatic
item that may otherwise be paid from the fund, under any
provision of law relating to such numismatic item, to any
designated recipient organization remains unpaid to such
organization solely by reason of the matching fund requirement
contained in subparagraph (A)(ii) after the end of the 2-year
period beginning on the later of--
``(i) the last day any such numismatic item is issued
by the Secretary; or
``(ii) the date of the enactment of the American 5-Cent
Coin Design Continuity Act of 2003,
such unpaid amount shall be deposited in the Treasury as
miscellaneous receipts.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply as of the date of the enactment of Public Law 104-208.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate. | (This measure has not been amended since it was passed by the House on February 26, 2003. The summary of that version is repeated here.)
American 5-Cent Coin Design Continuity Act of 2003 - Title I: United States American 5-Cent Coin Design Continuity - (Sec. 101) Authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005, in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark.States that if the Secretary elects to change: (1) the obverse of 5-cent coins issued during 2003, 2004, and 2005, the design shall depict a likeness of President Thomas Jefferson, different from the likeness that appeared on the obverse of the 5-cent coins issued during 2002, in recognition of his role with respect to the Louisiana Purchase and the commissioning of the Lewis and Clark expedition; and (2) the reverse of the 5-cent coins issued during such years, the design selected shall depict images emblematic of the Louisiana Purchase or the expedition of Meriwether Lewis and William Clark. (Sec. 102) Requires the obverse of any 5-cent coin issued after December 31, 2005, to bear the likeness of Thomas Jefferson and the reverse of such coin bear an image of the home of Thomas Jefferson at Monticello. (Sec. 103) Establishes a seven-member Coin Design Advisory Committee to advise the Secretary on coin themes and designs.Abolishes the Citizens Commemorative Coin Advisory Committee. Authorizes certain Committee members to continue serving the remainder of their appointed term as a member of the Citizens Coinage Advisory Committee as determined by the Secretary.Title II: Technical and Clarifying Provisions - (Sec. 201) Amends Federal law to revise the requirements for payment of surcharges to recipient organizations.Requires deposit into the Treasury as unpaid receipts certain unpaid amounts derived from surcharge proceeds. | [
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] |
SECTION 1. CONTINUATION OF SURVIVOR ANNUITIES FOR REMARRIED SPOUSES OF
FEDERAL PUBLIC SAFETY OFFICERS KILLED IN THE LINE OF
DUTY.
(a) Short Title.--This Act may be cited as the ``Federal Public
Safety Officer Surviving Spouse Protection Act of 2005''.
(b) Civil Service Retirement System.--Section 8341 of title 5,
United States Code, is amended--
(1) in subsection (b)(3)(B) by striking ``subsection (k)''
and inserting ``subsection (j)'';
(2) in subsection (d) in clause (ii) of the last
undesignated sentence by striking ``subsection (k)'' and
inserting ``subsection (j)'';
(3) in subsection (h)(3)(B)(i) by striking ``subsection
(k)'' and inserting ``subsection (j)''; and
(4) by striking subsection (k) and inserting the following:
``(j)(1) In this subsection, the term `Federal public safety
officer' means--
``(A) a law enforcement officer; or
``(B) an employee participating under this chapter who is--
``(i) a public safety officer as defined under
section 1204 of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796b); or
``(ii) an employee of the Department of the
Treasury who is performing official duties of the
Department in an area, if those official duties--
``(I) are related to a major disaster or
emergency that has been, or is later, declared
to exist with respect to the area under the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.); and
``(II) are determined by the Secretary of
the Treasury to be hazardous duties.
``(2) Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the
extent that they provide for termination of a survivor annuity because
of a remarriage before the age of 55 years) shall not apply if--
``(A) the widow, widower, or former spouse was married for
at least 30 years to the individual on whose service the
survivor annuity is based; or
``(B) in the case of a widow or widower the individual on
whose service the survivor annuity is based was a Federal
public safety officer who was killed in the line of duty.
``(3) A remarriage described under paragraph (2) shall not be taken
into account for purposes of section 8339(j)(5) (B) or (C) or any other
provision of this chapter which the Office may by regulation identify
in order to carry out the purposes of this subsection.''.
(c) Federal Employees Retirement System.--Section 8442(d) of title
5, United States Code, is amended by striking paragraph (3) and
inserting the following:
``(3)(A) In this paragraph, the term `Federal public safety
officer' means--
``(i) a law enforcement officer; or
``(ii) an employee participating under this chapter
who is--
``(I) a public safety officer as defined
under section 1204 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796b);
or
``(II) an employee of the Department of the
Treasury who is performing official duties of
the Department in an area, if those official
duties--
``(aa) are related to a major
disaster or emergency that has been, or
is later, declared to exist with
respect to the area under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et
seq.); and
``(bb) are determined by the
Secretary of the Treasury to be
hazardous duties.
``(B) Paragraph (1)(B) (relating to termination of a
survivor annuity because of a remarriage before the age of 55
years) shall not apply if--
``(i) the widow or widower was married for at least
30 years to the individual on whose service the
survivor annuity is based; or
``(ii) the individual on whose service the survivor
annuity is based was a Federal public safety officer
who was killed in the line of duty.''.
(d) Effective Date.--The amendments made by this Act shall take
effect on January 1, 1988, and apply only to remarriages which occur on
or after that date. | Federal Public Safety Officer Surviving Spouse Protection Act of 2005 - Revises the Civil Service Retirement System (CSRS) and the Federal Employees' Retirement System (FERS) to permit, effective as of January 1, 1988, and only for remarriages occurring on or after that date, remarried widows and widowers of Federal public safety officers who are killed in the line of duty to continue to receive a survivor annuity. | [
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34
] |
SECTION 1. SHORT TITLE; AMENDMENT OF 1986 CODE.
(a) Short Title.--This Act may be cited as the ``Alternative
Minimum Tax Repeal Act of 1995''.
(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. ALTERNATIVE MINIMUM TAX.
(a) In General.--Part VI of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to alternative minimum tax) is
hereby repealed.
(b) Conforming Amendments.--
(1) Subparagraph (B) of section 1(g)(7) (relating to
election to claim certain unearned income of child on parent's
return) is amended--
(A) by inserting ``and'' at the end of clause (i),
(B) by striking ``and'' and the end of clause (ii)
and inserting a period, and
(C) by striking clause (iii).
(2) Subsection (d) of section 2 (relating to taxes imposed
on nonresident aliens) is amended by striking ``sections 1 and
55'' and inserting ``section 1''.
(3) Subsection (a) of section 5 (relating to cross
references relating to tax on individuals) is amended by
striking paragraph (4).
(4) Subsection (d) of section 11 (relating to taxes imposed
on foreign corporations) is amended by striking ``the taxes
imposed by subsection (a) and section 55'' and inserting ``the
tax imposed by subsection (a)''.
(5) Section 12 (relating to cross references relating to
tax on corporations) is amended by striking paragraph (7).
(6) Section 26 (relating to limitation based on tax
liability; definition of tax liability) is amended--
(A) by amending subsection (a) to read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate amount of
credits allowed by this subpart for the taxable year shall not exceed
the taxpayer's regular tax liability for the taxable year.'',
(B) in subsection (b)(2), by striking subparagraph
(A) and by redesignating subparagraphs (B) through (N)
as subparagraphs (A) through (M), respectively, and
(C) by striking subsection (c).
(7) Paragraph (3) of section 30(b) (relating to credit for
qualified electric vehicles) is amended by striking ``the
excess'' and all that follows and inserting ``the regular tax
for the taxable year reduced by the sum of the credits
allowable under subpart A and sections 27, 28, and 29.''
(8) Subsection (h) of section 32 (relating to reduction of
credit to taxpayers subject to alternative minimum tax) is
hereby repealed.
(9) Subsection (c) of section 38 (relating to business
related credits) is amended--
(A) by striking paragraphs (1) and (2) and
inserting the following new paragraph:
``(1) In general.--The credit allowed under subsection (a)
for any taxable year shall not exceed 25 percent of so much of
the taxpayer's net regular tax liability as exceeds $25,000.
For purposes of the preceding sentence, the term `net regular
tax liability' means the regular tax liability reduced by the
sum of the credits allowable under subparts A and B of this
part.'', and
(B) by redesignating paragraph (3) as paragraph
(2).
(10) Subsection (c) of section 53 is amended by striking
``the excess'' and all that follows and inserting ``the regular
tax liability of the taxpayer for such taxable year reduced by
the sum of the credits allowable under subparts A, B, D, E, and
F of this part.''
(11) Subsection (b) of section 59A (relating to
environmental tax) is amended by adding at the end the
following:
``For purposes of this subsection, references to sections 55 and 56
shall be treated as references to such sections as in effect on the day
before the date of the enactment of the Alternative Minimum Tax Repeal
Act of 1995.''.
(12)(A) Paragraph (2) of section 148(b) is amended by
adding at the end the following new flush sentence:
``Such term shall not include any tax-exempt bond.''
(B) Paragraph (3) of section 148(b) (relating to higher
yield investments) is hereby repealed.
(13) Subparagraph (B) of section 149(g)(3) (relating to
hedge bonds) is amended by striking all that follows ``invested
in bonds'' and inserting ``the interest on which is not
includible in gross income under section 103.''
(14) Section 173 (relating to circulation expenditures) is
amended by striking ``(a) General Rule.--'' and by striking
subsection (b).
(15) Subsection (f) of section 174 (relating to research
and experimental expenditures) is amended to read as follows:
``(f) Cross Reference.--
``For adjustments to basis of property
for amounts allowed as deductions as deferred expenses under subsection
(b), see section 1016(a)(14).''
(16) Subsection (c) of section 263 (relating to capital
expenditures) is amended by striking ``59(e) or''.
(17) Subsection (c) of section 263A (relating to
capitalization and inclusion in inventory costs of certain
expenses) is amended by striking paragraph (6).
(18) Section 382(l) (relating to net operating loss
carryforwards and certain built-in losses following ownership
change) is amended by striking paragraph (7).
(19) Section 443 (relating to adjustment in computing
minimum tax and tax preferences) is amended by striking
subsection (d) and by redesignating subsection (e) as
subsection (d).
(20) Section 617 (relating to deduction and recapture of
certain mining exploration expenditures) is amended by striking
subsection (i).
(21) Subsections (b) and (c) of section 666 (relating to
accumulation distribution of trust allocated to preceding
years) are each amended by striking ``(other than the tax
imposed by section 55)''.
(22) Section 847 (relating to special estimated tax
payments) is amended--
(A) in paragraph (9), by striking the last
sentence;
(B) in paragraph (10), by inserting ``and'' at the
end of subparagraph (A) and by striking subparagraph
(B) and redesignating subparagraph (C) as subparagraph
(B).
(23) Section 848 (relating to capitalization of certain
policy acquisition expenses) is amended by striking subsection
(i) and by redesignating subsection (j) as subsection (i).
(24) Paragraph (1) of section 871(b) (relating to tax on
nonresident alien individuals) is amended by striking ``,
55,''.
(25) Subsection (b) of section 877 (relating to
expatriation to avoid tax) is amended by striking ``, 55,''.
(26) Paragraph (1) of section 882(a) is amended by striking
``55,''.
(27) Subsection (a) of section 897 (relating to disposition
of investment in United States real property) is amended to
read as follows:
``(a) Treatment as Effectively Connected With United States Trade
or Business.--For purposes of this title, gain or loss of a nonresident
alien individual or a foreign corporation from the disposition of a
United States real property interest shall be taken into account--
``(1) in the case of a nonresident alien individual, under
section 871(b)(1), or
``(2) in the case of a foreign corporation, under section
8872(a)(1),
as if the taxpayer were engaged in a trade or business within the
United States during the taxable year and as if such gain or loss were
effectively connected with such trade or business.''
(28) Subsection (j) of section 904 (relating to limitation
on credit) is amended to read as follows:
``(j) Cross Reference.--
``For increase of limitation under
subsection (a) for taxes paid with respect to amounts received which
were included in the gross income of the taxpayer for a prior taxable
year as a United States shareholder with respect to a controlled
foreign corporation, see section 960(b).''
(29) Paragraph (1) of section 962(a) (relating to election
by individuals to be subject to tax at corporate rates) is
amended--
(A) by striking ``sections 1 and 55'' and inserting
``section 1'', and
(B) by striking ``sections 11 and 55'' and
inserting ``section 11''.
(30) Paragraph (20) of section 1016(a) (relating to
adjustments to basis) is amended by inserting ``, as in effect
on the day before the date of the enactment of the Alternative
Minimum Tax Repeal Act of 1995'' after ``preferences)''.
(31) Subsection (a) of section 1561 (relating to
limitations on certain multiple tax benefits in the case of
certain controlled corporations) is amended by striking the
last sentence.
(32) Subparagraph (A) of section 6425(c)(1) (defining
income tax liability) is amended--
(A) by inserting ``plus'' at the end of clause (i),
and
(B) by striking clause (ii) and by redesignating
clause (iii) as clause (ii).
(33) Section 6654(d)(2) (relating to failure by individual
to pay estimated income tax) is amended--
(A) in clause (i) of subparagraph (B), by striking
``, alternative minimum taxable income,'', and
(B) in clause (i) of subparagraph (C), by striking
``, alternative minimum taxable income,''.
(34) Subparagraph (C) of section 6662(e)(3) (relating to
accuracy-related penalty) is amended by inserting ``, as in
effect on the day before the date of the enactment of the
Alternative Minimum Tax Repeal Act of 1995'' after ``55(c)''.
(c) Clerical Amendments.--The table of parts for subchapter A of
chapter 1 is amended by striking the item relating to part VI.
(d) Effective Date.--The amendments made by this section shall take
effect in taxable years beginning after December 31, 1994. | Alternative Minimum Tax Repeal Act of 1995 - Amends the Internal Revenue Code to repeal the alternative minimum tax. | [
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Dataset Card for AutoTrain Evaluator
This repository contains model predictions generated by AutoTrain for the following task and dataset:
- Task: Summarization
- Model: d0r1h/LEDBill
- Dataset: billsum
To run new evaluation jobs, visit Hugging Face's automatic model evaluator.
Contributions
Thanks to @lewtun for evaluating this model.
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