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Bill· HRH.R. 3738 (105th)open
United States · United States Congress · 28 April 1998
TABLE OF CONTENTS: Title I: Prohibitions Relating to Tobacco Products and Children Title II: Prohibition on Use of Funds to Facilitate the Exportation or Promotion of Tobacco Title III: American Center on Global Health and Tobacco Title IV: Prevention of Tobacco Smuggling Title V: Sense of Congress Title I: Prohibitions Relating to Tobacco Products and Children - International Tobacco Responsibility Act - Amends the Federal Food, Drug, and Cosmetic Act to make it unlawful for any U.S. domestic concern, or any of its officers or employees, to: (1) sell or distribute tobacco products to children in a foreign country; (2) advertise or promote tobacco products in a foreign country in a manner that does not comply with Federal requirements for the advertisement or promotion of such products in the United States; or (3) export, from the United States or any other country, tobacco products to a foreign country, unless in the country's primary language the tobacco product package bears a warning label that complies with Federal labeling requirements, or the labeling requirements of the foreign country which are similar to Federal requirements and are adequately enforced by such country. Provides for enforcement, including rewards for informants. Title II: Prohibition On Use of Funds to Facilitate the Exportation or Promotion of Tobacco - Prohibits the use of funds to: (1) promote the export of tobacco products to or in a foreign country; or (2) seek, through negotiation or otherwise, reduction or removal of restrictions imposed by such country with respect to the sale of such products (except where a restriction's manner of application constitutes a means of arbitrary or unjustified discrimination between countries). Title III: American Center On Global Health and Tobacco - Requires two percent of any funds paid to the United States by tobacco manufacturers in accordance with the proposed Tobacco Settlement adopted June 20, 1997 (which would resolve the controversy between tobacco manufacturers and the States), or of any increase in the Federal excise tax on tobacco products, to go to: (1) the American Center on Global Health and Tobacco (ACT); and (2) the Secretary of Health and Human Services for grants and other assistance to foreign governments, nongovernmental organizations, and international organizations to support tobacco control activities in such countries. (Sec. 302) Establishes ACT as a private, nonprofit corporation in the District of Columbia to assist organizations in other countries to reduce and prevent the use of tobacco. Title IV: Prevention of Tobacco Smuggling - Requires the Secretary of the Treasury to promulgate regulations for the packaging and labeling of tobacco products. Makes it unlawful for any person to sell, or remove from customs custody for use, any tobacco product unless: (1) a unique serial number is printed on all its packages; and (2) each tobacco product package that is exported is labeled with the name of the country of final destination. Prohibits a person from altering or removing any mark or label required under this Act. (Sec. 403) Makes it unlawful for any person to export a tobacco product unless such person: (1) has posted bond with the Secretary which contains a disclosure of the country to which it will be exported; and (2) receives a statement from the product recipient that such recipient will not knowingly and willfully violate a law of such country with respect to such products, and has never been convicted of any tobacco related offense. Sets forth certain bond requirements. (Sec. 404) Directs the Secretary to establish a program for the issuance of tobacco product permits to persons (except retailers) who sell, ship, or remove such products from customs custody for use. Prohibits the importation or sale of tobacco products without such permits. (Sec. 405) Makes it unlawful, except pursuant to a permit, to: (1) import tobacco products into, or sell such products in, the United States; or (2) manufacture, package, sell, or resell tobacco products at wholesale. (Sec. 406) Directs the Secretary of Defense to promulgate regulations which: (1) set forth certain limits on the sale of tobacco and noncigarette tobacco products on military installations and Indian reservations; and (2) require the labeling with such restrictions on each tobacco product package sold on such installation or reservation. (Sec. 407) Directs the Secretary to promulgate regulations to enforce a reasonable per day limit on the sale of tobacco products at duty-free shops. Prohibits a person from forwarding through or manufacturing such products in a foreign trade zone. (Sec. 408) Grants U.S. district courts jurisdiction of any suit brought by the Attorney General to prevent and restrain violations of this Act. Sets forth penalties for such violations. (Sec. 409) Amends Federal criminal law with respect to "contraband cigarettes" (including "contraband tobacco products") to decrease from 60,000 to 30,000 the threshold quantity of such products determining criminality. Extends the definition of contraband cigarettes to States that do not require indication of the payment of cigarette taxes to cover situations where the person in possession of cigarettes is unable to provide evidence that they are moving legally in interstate commerce. Makes it unlawful for any person to knowingly: (1) transport, possess, sell, or purchase contraband tobacco products (currently, only contraband cigarettes); (2) make any false statement with respect to certain required information to be kept in records of any person who sells or distributes tobacco products (currently, only cigarettes) in excess of 30,000 in a single transaction; (3) fail to maintain distribution records, alter or obliterate required markings, or interfere with any inspection as required or prohibited under Federal law with respect to such quantity of tobacco products; or (4) transport tobacco products under a false bill of lading or without any bill of lading. Makes similar changes to certain recordkeeping requirements. Subjects any proceeds from the unlawful distribution of tobacco products to seizure and forfeiture proceedings. Authorizes appropriations. Title V: Sense of Congress - Expresses the sense of the Congress that the Government should support the development, adoption, and implementation of the International Framework Convention on Tobacco Control through all available resources, including direct financial support, technical assistance, and any other appropriate measure.
Bill· HJRESH.J.Res. 116 (105th)referred
United States · United States Congress · 28 April 1998
Constitutional Amendment - Provides that: (1) the United States shall not engage in any business, financial, professional, or industrial enterprise except as specified in the Constitution; (2) State or Federal laws shall not be subject to any foreign or domestic agreement abrogating this amendment; (3) U.S. activities in violation of this amendment shall be liquidated and the affected properties sold; and (4) the 16th article of amendments to the Constitution shall stand repealed and thereafter the Congress shall not levy taxes on personal income, estates, or gifts.
Bill· SS. 1992 (105th)referred
United States · United States Congress · 27 April 1998
Surviving Spouse Fairness Act of 1998 - Amends the Internal Revenue Code to provide a $500,000 exclusion of gain on certain sales of a principal residence by a surviving spouse.
Bill· SS. 1989 (105th)referred
United States · United States Congress · 27 April 1998
Marriage Penalty Reduction Act - Amends the Internal Revenue Code to increase standard deduction amounts. (Makes the deduction for married filing jointly twice that of single filers.)
Bill· SS. 1974 (105th)referred
United States · United States Congress · 23 April 1998
Amends the Internal Revenue Code to exclude from gross income Alaska Permanent Fund dividends received by a child under age 14.
Bill· SS. 1980 (105th)referred
United States · United States Congress · 23 April 1998
Amends the Internal Revenue Code to revise the category of "non-collectible" coins eligible for inclusion in individual retirement accounts and other individually directed pension plan accounts.
Bill· SS. 1971 (105th)referred
United States · United States Congress · 23 April 1998
Amends the American Folklife Preservation Act to add the following individuals to the Board of Trustees of the American Folklife Center of the Library of Congress: (1) four members appointed by the Librarian of Congress from among individuals widely recognized by virtue of their scholarship, experience, creativity, or interest in American folklife traditions and arts; (2) the President of the American Folklore Society; and (3) the President of the Society for Ethnomusicology. Requires the President pro tempore of the Senate and the Speaker of the House of Representatives to give due consideration to the appointment of individuals who will provide diversity on the Board. Revises provisions regarding reimbursement of travel expenses. Requires Board members to serve without pay and authorizes members who are not regular full-time Federal employees, at the Librarian's discretion, to be reimbursed for actual and necessary traveling and subsistence expenses incurred in the performance of Board duties. (Currently, such members are entitled to receive compensation at rates fixed by the Librarian of up to $100 per diem while serving on business and allowed travel expenses.) Requires the Board to meet at least once each fiscal year. Fixes the annual pay of the Center Director at a minimum of 120 percent of the minimum rate of pay for GS-15 of the General Schedule or a maximum of the pay under level IV of the Executive Schedule. (Currently, the Director's pay is not to exceed the annual rate for GS-18.) Eliminates the position of Deputy Director of the Center. Makes permanent the authorization of appropriations for the Center. Establishes a six-year term for Board members appointed by the Librarian under this Act, with exceptions.
Law· HRH.R. 3723 (105th)enacted
United States · United States Congress · 23 April 1998
United States Patent and Trademark Office Reauthorization Act, Fiscal Year 1999 - Authorizes appropriations for FY 1999 for the Patent and Trademark Office. Amends Federal law to increase patent fees (including maintenance fees), except fees for the filing of provisional applications for original patents.
Bill· HRH.R. 3721 (105th)referred
United States · United States Congress · 23 April 1998
TABLE OF CONTENTS: Title I: Reduction of Special Interest Influence Title II: Independent and Coordinated Expenditures Title III: Disclosure Title IV: Personal Wealth Option Title V: Miscellaneous Title VI: Severability; Constitutionality; Effective Date; Regulations Campaign Reform Act of 1998 - Title I: Reduction of Special Interest Influence - Amends the Federal Election Campaign Act of 1971 (FECA) with respect to "soft money" to: (1) prohibit a national committee of a political party, including a national congressional campaign committee of political party, and any officers or agents of such party committees, and specified related entities, from soliciting, receiving, or directing to another person a contribution, donation, or transfer of funds, or spend any funds not subject to the limitations, prohibitions, and reporting requirements of FECA; (2) require State, district, or local committees of political parties (including specified related entities) to make expenditures and disbursements for Federal election activities (with exceptions) from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (3) require national, State, district, or local committees and specified related entities to make amounts spent for fund raising costs of Federal election activities from funds subject to the limitations, prohibitions, and reporting requirements of FECA; (4) prohibit national, State, district, or local committees (including national congressional campaign committees and specified related entities) from soliciting funds for, or making or directing donations to, tax-exempt organizations or organizations that have submitted applications for tax-exemption status; and (5) prohibit candidates, incumbents, or their agents from soliciting, receiving, directing, transferring, or spending funds for Federal election activities on behalf of such candidates, incumbents, agents or any other persons (with exceptions), unless the funds are subject to the limitations, prohibitions, and reporting requirements of FECA. (Sec. 102) Prohibits any person from making contributions to a State committee in any year that exceed, in the aggregate, $10,000. Increases the aggregate individual contribution limit from $25,000 to $30,000. (Sec. 103) Requires: (1) national committees, national congressional campaign committees, and subordinate committees of either, to report all receipts and disbursements during the reporting period; (2) State, district, and local committees to report all receipts and disbursements made for specified Federal election activities; and (3) political committees having receipts or disbursements from persons in excess of $200 for any year, to separately itemize their reporting for such persons. Title II: Independent and Coordinated Expenditures - Redefines the term "independent expenditure" to mean an expenditure by a person for: (1) a communication that is express advocacy; and (2) that is not provided in coordination with a candidate or a candidate's agent, or a person who is coordinating with a candidate or a candidate's agent. Defines the term "express advocacy." Redefines the term "expenditure" to include: (1) a payment for a communication that is express advocacy; and (2) a payment made by a person for a communication that refers to a clearly identified candidate, is provided in coordination with the candidate, the candidate's agent, or the candidate's political party, and is for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). (Sec. 202) Prohibits the Commission, if the Commission determines that there is probable cause to believe that a person has made a knowing and willful violation involving the reporting of an independent expenditure, from entering into a conciliation agreement. Permits the Commission, when it makes such a determination, to institute a civil action for relief. (Sec. 203) Sets forth reporting requirements for certain independent expenditures made by persons (including political committees) aggregating: (1) $1,000 or more; and (2) $10,000 or more. Requires additional reports to be filed each time such independent expenditures are made. Requires such reports to: (1) be filed with the Commission; and (2) and contain the information required for a person who receives any disbursement in excess of $200 in connection with an independent expenditure, including the name of each candidate to whom an expenditure is intended to support or oppose. (Sec. 204) Prohibits a committee of a political party, on or after the date on which the political party nominates a candidate, from making both coordinated expenditures and independent expenditures to the candidate during the election cycle. Requires a committee of a political party, before making a coordinated expenditure to a candidate, to file with the Commission a certification that the committee has not and shall not make any independent expenditure to the candidate during the same election cycle. Prohibits a committee of a political party that submits a certification with respect to a candidate from, during an election cycle, transferring any funds to, assigning authority to make coordinated expenditures to, or receiving a transfer of funds from, a political committee of the party that has made or intends to make an independent expenditure to the candidate. (Sec. 205) Redefines the term "contribution" to include anything of value provided by a person in coordination with a candidate for the purpose of influencing a Federal election in which such candidate seeks nomination or election to Federal office, regardless of whether the value being provided is a communication that is express advocacy. Defines the term "provided in coordination with a candidate." Considers a thing of value provided in coordination with a candidate as a contribution to the candidate and, in the case of a limitation on expenditures, as an expenditure by the candidate. Redefines the term "contribution or expenditure," with respect to contributions or expenditures by national banks, corporations, and labor organizations, to include a contribution or expenditure as defined under this Act. Title III: Disclosure - Replaces provisions permitting the filing of reports electronically with provisions requiring the Commission to: (1) promulgate a regulation for the filing of reports using computers and facsimile machines; (2) make electronically filed reports accessible to the public on the Internet within 24 hours after such reports are received by the Commission; and (3) provide methods (other than requiring a signature on the document being filed) for verifying reports covered by the regulation. (Sec. 302) Prohibits the deposit (except in escrow accounts) or negotiation of contributions from a person making aggregate contributions in excess of $200 during a year by a candidate's authorized committee unless the required contributor information is complete. (Sec. 303) Permits the Commission to conduct random audits and investigations to ensure voluntary compliance with FECA. Extends, from 6 to 12 months, the period during which campaign audits may be begun. (Sec. 304) Revises reporting requirements for the identification of contributors (other than political committees) to: (1) lower the $200 threshold for the reporting of contributor identification to $50; and (2) require that the identification of persons who make contributions of at least $50 but not more than $200 during a year need include only their names and addresses. (Sec. 305) Revises requirements for the use of candidates' names. (Sec. 306) Prohibits a person from soliciting contributions by falsely representing himself or herself to be a candidate or a representative of a candidate, a political committee, or a political party. (Sec. 307) Requires filing of a certain statement with the Commission by persons, other than political committees and religious and apostolic organizations, that make aggregate disbursements in excess of $50,000 during a year for specified Federal election activities: (1) on a monthly basis; or (2) within 24 hours, in the case of disbursements made within 20 days of an election. Exempts from such filing requirements: (1) a candidate or a candidate's authorized committees; and (2) independent expenditures. (Sec. 308) Revises provisions concerning the publication and distribution of any print, broadcast, or general political advertising. Title IV: Personal Wealth Option - Directs the Commission to issue a certification that a House of Representatives candidate is an eligible primary or general election candidate if the candidate files with the Commission a declaration that the candidate and the candidate's authorized committees will not (in the case of a primary candidate) or did not (in the case of a general election candidate) exceed a personal funds expenditure limit of $50,000. Directs the Commission, if the limit is exceeded to: (1) revoke the certification; and (2) require the candidate and the candidate's authorized committees to pay a penalty to the Commission. Prohibits coordinated expenditures if a candidate is not an eligible House candidate. Title V: Miscellaneous - Makes it unlawful, except with the separate, prior, written, voluntary authorization of the individual involved, for: (1) national banks or corporations to collect from or assess its stockholders or employees any dues, initiation fee, or other payment as a condition of employment which will be used for political activities in which the national bank or corporation is engaged; and (2) labor organizations to collect from or assess its members or nonmembers any dues, fee, or other payment which will be used for political activities in which the labor organization is engaged. States that an authorization shall remain in effect until revoked and may be revoked at any time. Requires each entity collecting from or assessing amounts from an individual with an authorization in effect to provide the individual with a statement that the individual may at any time revoke the authorization. Requires corporations, prior to the beginning of any 12-month period, as determined by the corporation, to provide each of its shareholders with a notice containing: (1) the proposed aggregate amount for disbursements for political activities for the period; (2) the individual's applicable percentage and pro rata amounts for the period; and (3) a form that the individual may complete and return to the corporation or organization indicating the individual's objection to the disbursement of amounts for political activities during the period. Makes it unlawful for a corporation to make disbursements for political activities during the 12-month period in an amount greater than: (1) the proposed aggregate amount for such disbursements for the period as specified in the notice; reduced by (2) the sum of the applicable pro rata amounts for such period of all shareholders who return the form to the corporation prior to the beginning of the period. (Sec. 502) Revises provisions concerning the permitted and prohibited uses of contributed amounts by candidates and incumbents for certain purposes. (Sec. 503) Revises Federal law concerning permitted time frames for mailing franked mail to prohibit any mass mailing as franked mail during any year in which there will be an election for a seat held by a Member during the period between January 1 of the election year and the date of the general election, unless the Member will not be a candidate for reelection. (Sec. 504) Amends the Federal criminal code to revise the prohibition on fund raising on Federal property. Prohibits an officer or employee of the Federal Government, including the President, Vice-President, and Members of the Congress, from soliciting a donation of money or other thing of value for a political committee or candidate for Federal, State, or local office, from any person while in any room or building occupied in the discharge of official duties by an officer or employee of the United States. Imposes on violators a monetary penalty, imprisonment, or both. Excepts from the prohibition contributions received by the staff of the Executive Office of the President. (Sec. 505) Amends FECA to double the penalties for knowing and willful violations of FECA, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. Permits in the inclusion of conciliation agreements for such violations, equitable remedies or penalties, including disgorgement of funds to the Treasury or community service requirements (including requirements to participate in public education programs). Sets forth requirements for the late filing of FECA reports, including requiring the establishment of mandatory monetary penalties. (Sec. 506) Revises the ban on contributions by foreign nationals by making it unlawful for: (1) foreign nationals to make donations in connection with Federal, State, or local elections to political committees or candidates for Federal office, or contributions or donations to committees of political parties; or (2) persons to solicit, accept, or receive such contributions or donations from foreign nationals. (Sec. 507) Prohibits minors from making contributions to candidates or contributions or donations to committees of political parties. (Sec. 508) Permits the Commission to: (1) order expedited proceedings for certain complaints; and (2) refer, at any time, to the Attorney General a possible violation of FECA, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act. Title VI: Severability; Constitutionality; Effective Date; Regulations - Permits an appeal directly to the U.S. Supreme Court of any final judgment, decree, or order issued by a court ruling on the constitutionality of any provision of this Act and provides for the severability of any provision held to be unconstitutional.
Bill· HRH.R. 3730 (105th)referred
United States · United States Congress · 23 April 1998
Shipping Income Reform Act of 1997 - Amends the Internal Revenue Code to exclude from the definition of foreign base company income foreign base company shipping income: (1) derived from a vessel registered in the Bahamas, Honduras, Liberia, Panama, the Marshall islands, or other countries certified by the Secretary of Transportation, if the vessel owner enters into an agreement to operate a U.S.-flag fleet for at least 320 days annually; or (2) the owner does not derive U.S.-source income and has not engaged in the carriage of any cargoes in the U.S. import or export trade for at least 320 days annually.
Bill· HRH.R. 3722 (105th)referred
United States · United States Congress · 23 April 1998
Independent Contractor Tax Simplification Act of 1998 - Amends the Internal Revenue Code to set forth standards for determining whether individual service providers are not employees.
Bill· HRH.R. 3709 (105th)referred
United States · United States Congress · 22 April 1998
Disaster Victims Tax Fairness Act - Amends the Taxpayer Relief Act to provide for abatement of interest on taxpayer underpayments in presidentially declared disaster areas in 1998.
Bill· HRH.R. 3707 (105th)referred
United States · United States Congress · 22 April 1998
Amends pay-as-you-go provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide that if legislation is enacted that reduces receipts and decreases discretionary spending limits for budget authority and outlays for the FY 1997 through 2002 period for which there is such reduction in receipts, then an amount equal to the decrease in such spending limit for outlays shall be treated as direct spending legislation decreasing the deficit for the fiscal year concerned.
Bill· SS. 1963 (105th)referred
United States · United States Congress · 21 April 1998
Military Health Care Fairness Act - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to allow certain eligible covered beneficiaries to enroll in any health benefits plan under the Federal Employee Health Benefits Program (FEHB) offering medical care comparable to that offered under CHAMPUS. Includes as an eligible beneficiary a military retiree (with an exception) or dependent who is: (1) not guaranteed access under TRICARE (a Department of Defense (DOD) managed care program) to health care comparable to health care provided under the FEHB; (2) eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act. Limits eligible beneficiaries during the first two years of enrollment to military retirees who are: (1) 65 years of age or older; or (2) retired or separated due to physical disability. States that any eligible beneficiary shall not be required to satisfy any FEHB eligibility criteria as a condition for enrollment. Provides for: (1) an enrollment period and a three-year minimum enrollment term; (2) authorized treatment in a military medical treatment facility; (3) enrollment contributions; (4) participation management by the Director of the Office of Personnel Management (OPM); and (5) annual reports from the Secretary of Defense and the OPM Director concerning the provision of such care. Directs the Secretary, within four years after the date of enactment of the National Defense Authorization Act for Fiscal Year 1999, to report to the Congress on whether such health care option should be made permanent and on the estimated costs of such option. Directs the Secretary to: (1) begin to offer such option no later than six months after enactment of this Act; and (2) continue to offer such option through 2003, and to provide care to eligible beneficiaries through 2005. Provides program funding for FY 1999 through 2005 from amounts authorized for appropriation to DOD for military personnel for such years.
Law· HRH.R. 3694 (105th)enacted
United States · United States Congress · 21 April 1998
TABLE OF CONTENTS: Title I: Intelligence Activities Title II: Central Intelligence Agency Retirement and Disability System Title III: General Provisions Intelligence Authorization Act for Fiscal Year 1999 - Title I: Intelligence Activities - Authorizes appropriations for FY 1999 for the conduct of intelligence and intelligence-related activities of the: (1) Central Intelligence Agency; (2) Department of Defense; (3) Defense Intelligence Agency; (4) National Security Agency; (5) Departments of the Army, Navy and Air Force; (6) Departments of State, the Treasury, and Energy; (7) Federal Bureau of Investigation; (8) Drug Enforcement Administration; (9) National Reconnaissance Office; and (10) National Imagery and Mapping Agency. Specifies that the amounts authorized to be appropriated and the authorized personnel ceilings as of September 30, 1999, for such activities are those specified in the classified Schedule of Authorizations, which shall be made available to the Senate and House Appropriations Committees and the President. Allows the Director of Central Intelligence (DCI), with the approval of the Director of the Office of Management and Budget, to authorize employment of civilian personnel in excess of the number authorized for FY 1999 when the DCI determines that such action is necessary to the performance of important intelligence functions, subject to specified limitations. Requires notification of the Senate and House Intelligence Committees whenever such authority is exercised. Authorizes appropriations for the Intelligence Community Management Account of the DCI for FY 1999. Authorizes full-time personnel for elements within such Account as of September 30, 1999. Provides for the reimbursement of any U.S. officer or employee, or member of the armed forces, who is detailed to such staff. Title II: Central Intelligence Agency Retirement and Disability System - Authorizes appropriations for FY 1999 for the Central Intelligence Agency Retirement and Disability Fund. Title III: General Provisions - Permits appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees to be increased by such additional amounts as may be necessary for increases in such compensation or benefits authorized by law. Specifies that the authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or laws of the United States.
Bill· HRH.R. 3695 (105th)referred
United States · United States Congress · 21 April 1998
TABLE OF CONTENTS: Title XXI: Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Subtitle B: Other Matters Military Construction Authorization Act for Fiscal Year 1999 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1998 for military construction, land acquisition, and military family housing functions of the Army. Authorizes appropriations for fiscal years after 1999 for: (1) Newport Army Depot, Indiana; (2) Fort Leavenworth, Kansas; (3) Aberdeen Proving Ground, Maryland; (4) the United States Military Academy, West Point, New York; (5) Fort Hood, Texas; and (6) Kwajalein Atoll, Kwajalein. Limits the total cost of construction projects authorized by this title. (Sec. 2105) Amends the Military Construction Authorization Act for Fiscal Year: (1) 1995 to increase the amounts authorized for projects at Pine Bluff Arsenal, Arkansas, and the Umatilla Army Depot, Oregon; and (2) 1998 to increase the amount authorized for a project at Fort Sill, Oklahoma. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army. Authorizes appropriations for fiscal years after 1999 for the Berthing Pier project authorized for Naval Station Norfolk, Virginia. Limits the total cost of construction projects authorized by this title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Limits the total cost of construction projects authorized by this title. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to improve existing military family housing units in a specified amount. (Sec. 2403) Earmarks funds authorized under this title for the military family housing improvement program. (Sec. 2404) Authorizes the Secretary to carry out energy conservation projects. (Sec. 2405) Authorizes appropriations to the Department of Defense (DOD) for fiscal years after 1998 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. (Sec. 2406) Amends the National Defense Authorization Act for Fiscal Year 1990 to increase the amount authorized for a project at the Portsmouth Naval Hospital, Virginia. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program. Authorizes appropriations for fiscal years after 1998 for such Program. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1998 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 2001, or the date of enactment of an Act authorizing funds for FY 2002, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing - Requires the Secretary of the military department concerned to notify the appropriate congressional committees in the case of architectural and engineering and construction design costs for which the estimated cost exceeds $500,000 (currently $300,000). (Sec. 2802) Authorizes the Secretary of the Air Force, if determined to be in the best interest of the Air Force, to purchase the developer's entire interest in the 366-unit leased military family housing project at Eielson Air Force Base, Alaska. Subtitle B: Other Matters - Requires a report from the Secretary concerned to the defense committees 30 days before entering a real property transaction exceeding $500,000 (currently $200,000). (Sec. 2806) Authorizes the Secretary concerned to require a Federal agency, as part of any lease, permit, license, or other grant of access for the use of lands of a military department, to remove improvements and take any other action necessary to restore the land to its condition prior to its use by such agency.
Bill· HRH.R. 3697 (105th)referred
United States · United States Congress · 21 April 1998
Unemployment Compensation Amendment of 1998 - Amends the Federal-State Extended Unemployment Compensation Act of 1970 to: (1) repeal certain State law requirements under the extended unemployment compensation benefit program; (2) establish certain mandatory triggers based on total unemployment; (3) revise requirements for supplemental benefits during high unemployment periods; and (4) modify provisions for alternative triggers that States may establish. Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to modify the ceiling on the Federal Unemployment Account. Provides for special distributions of funds to the States under SSA title IX. Directs the Secretary of Labor to reserve specified amounts for grants to States to assist in implementing alternative base periods for determining the eligibility of claimants for unemployment compensation. Requires States to achieve or make substantial progress toward achieving certain solvency targets for their unemployment compensation accounts. Directs the Secretary to transfer to other States' accounts the amount that would otherwise be transferred to the account of a State that violates such requirement under SSA title IX. Revises SSA title IX requirements for distribution to States of certain excess amounts in the Employment Security Administration Account as of the close of FY 2002. Amends the North American Free Trade Agreement Implementation Act to extend the self-employment assistance program. Amends the Federal Unemployment Tax Act (FUTA) under the Internal Revenue Code to set forth requirements for treatment of short-time compensation programs.
Resolution· HRESH.Res. 407 (105th)passed
United States · United States Congress · 21 April 1998
Sets forth the rule (modified closed) for the consideration of H.J. Res. 111 (constitutional amendment with respect to tax law revision requirements).
Bill· SS. 1925 (105th)reported
United States · United States Congress · 2 April 1998
Amends Federal law to authorize leases granted on lands held in trust for the Confederated Tribes of the Grand Ronde Community of Oregon and on the Cabazon Indian Reservation in California to be for terms of up to 99 years. Makes technical amendments to specified laws relating to Native Americans. Exempts from Federal and State taxation funds distributed pursuant to the judgment in Jesse Short et al. v. United States or any other judgment of the U.S. Court of Federal Claims in favor of individual Indians and provides that such funds shall not be considered as resources for purposes of reducing benefits under the Social Security Act or, except for per capita shares exceeding $2,000, any Federal program. Authorizes any funds provided to the Ponca Tribe of Nebraska for any of FY 1992 through 1998 pursuant to a self-determination contract to carry out Indian Health Service programs to be used by the Tribe to purchase or build health service facilities. Requires the Secretary of the Interior to extend the terms of specified Indian health care demonstration projects at the Oklahoma City and Tulsa clinics in Oklahoma through FY 2002. Amends the Indian Health Care Improvement Act to extend the authorization of appropriations for such projects through FY 2002. Amends the Coos, Lower Umpqua, and Siuslaw Restoration Act to direct the Secretary of the Interior to accept additional Oregon lands in trust for the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians for a reservation. Includes certain counties in Oregon in the service area of the Confederated Tribes of the Siletz Indians for purposes of determining eligibility for Federal assistance programs. Amends the Michigan Indian Land Claims Settlement Act to exempt all funds distributed under such Act from Federal or State income taxes. Amends the Jicarilla Apache Tribe Water Rights Settlement Act to approve a specified transfer of water rights between the Jicarilla Apache Tribe and other parties. Amends the Native Hawaiian Health Care Act of 1988 to revise conditions pertaining to Native Hawaiian health scholarships.
Bill· SS. 1914 (105th)open
United States · United States Congress · 2 April 1998
TABLE OF CONTENTS: Title I: Health Care and Employee Benefits Title II: Financial Instruments Title III: Ancillary and Other Cross-Border Cases Title IV: Small Business Bankruptcy Title V: Bankruptcy Tax Issues Title VI: Miscellaneous Business Bankruptcy Reform Act - Title I: Health Care and Employee Benefits - Amends the Federal bankruptcy code to prescribe guidelines for disposal of the patient records of a health care business (including a hospital, a health maintenance organization, or a nursing home) that commences a proceeding for debtor relief. Provides for disposal with a State or Federal agency, the patient or an insurance provider, or by destruction. (Sec. 103) Allows an administrative expense claim for the costs of closing a health care business, including disposal of patient records and transfer of patients to another health care business. (Sec. 104) Requires the bankruptcy court to appoint an ombudsman to represent the interests of the patients of a health care business within 30 days after commencement of a case under chapter 7 (Liquidation), 9 (Adjustment of Debts of a Municipality), or 11 (Reorganization). (Sec. 105) Requires the bankruptcy trustee to use all reasonable and best efforts to transfer patients from the health care business in the process of being closed to an appropriate substitute. (Sec. 106) Allows employee pension plan contributions to be treated as an administrative expense of the debtor's estate. Provides for continuance of certain pension plan contributions by the bankruptcy trustee. (Sec. 108) Excludes from the property of the debtor business estate certain payroll deductions for health care insurance or pension contributions held by the debtor employer. Title II: Financial Instruments - Revises the definitions of forward contract, repurchase agreement, swap agreement, and securities and commodities contracts, and defines master netting agreement. States that the filing of a petition for debtor relief does not operate as an automatic stay against the setoff by a master netting agreement participant of a mutual debt and claim under or in connection with one or more such agreements in specified circumstances. Revises the exception to the automatic stay for mutual debt and claim setoffs in connection with a swap agreement. (Sec. 205) Prohibits the bankruptcy trustee from avoiding a master netting agreement participant transfer made before commencement of a case for debtor relief. Includes master netting agreements within the range of fraudulent transfers avoidable by such trustee. (Sec. 207) Prohibits any stay or limitation on the exercise of contractual rights to terminate or accelerate: (1) securities contracts or repurchase agreements (unless authorized by specified law); or (2) forward and commodity contracts, swap agreements, master netting agreements, or "across" contracts. (Sec. 210) Declares that any provision of the bankruptcy code relating to securities contracts, commodity contracts, forward contracts, repurchase agreements, swap agreements, or master netting agreements shall apply in a case ancillary to a foreign proceeding so that enforcement of the pertinent financial instruments shall not be subject to a stay or other limitation in bankruptcy. (Sec. 211) Declares that the exercise of rights by certain commodity brokers and stockbrokers shall not affect: (1) the priority of any unsecured claim such a person may have after the exercise of such rights; or (2) the application of the bankruptcy code with respect to customer property or distributions after the exercise of such rights. (Sec. 213) Amends the Federal Deposit Insurance Act to authorize the Federal Deposit Insurance Corporation to prescribe detailed recordkeeping requirements for insured depository institutions regarding qualified financial contracts (including market valuations). (Sec. 214) Amends the bankruptcy code to declare that damages with respect to specified financial instruments shall be measured as of the earlier of the date of rejection, or the liquidation, termination, or acceleration date. (Sec. 215) Excludes from the property of the debtor's estate any eligible asset (or proceeds thereof) transferred by the debtor before commencement of the action for relief to an eligible entity in connection with an asset-backed securitization. Title III: Ancillary and Other Cross-Border Cases - Expands the scope of bankruptcy law to incorporate the Model Law on Cross-Border Insolvency, and to establish a statutory mechanism for: (1) dealing with cases of cross-border insolvency; and (2) cooperation between U.S. courts, trustees, and debtors and their foreign counterparts. Prescribes guidelines for: (1) access by foreign representatives and creditors to Federal and State courts; (2) recognition of a foreign proceeding and relief; (3) cooperation and direct communication with foreign courts and representatives; and (4) concurrent proceedings and the coordination of foreign and domestic proceedings. Title IV: Small Business Bankruptcy - Amends chapter 11 (Reorganization) of the bankruptcy code to set forth mandatory factors for court consideration in determining whether the disclosure statement regarding a small business reorganization plan provides adequate information. (Sec. 403) Directs the Advisory Committee on Bankruptcy Rules of the Judicial Conference (Advisory Committee) to propose for adoption standardized disclosure statements and plans of reorganization for small business debtors. (Sec. 404) Sets forth uniform national reporting requirements for small business debtors. (Sec. 405) Directs the Advisory Committee to propose for adoption revisions to the Federal Rules of Bankruptcy Procedure and Official Bankruptcy Forms enabling small business debtors to comply with such uniform national reporting requirements. (Sec. 406) Prescribes the duties of a trustee, debtor in possession, and bankruptcy administrator in small business cases. Revises plan filing and confirmation deadlines and the duties of the U.S. trustee. (Sec. 412) States that, with specified exceptions, the filing of a small business debtor reorganization petition does not operate as a stay of specified debtor acts, if the debtor is, was, or within the previous two years has been the debtor in another small business case. (Sec. 413) Revises the circumstances under which a chapter 11 (Reorganization) small business case may be converted to a chapter 7 (Liquidation) case or dismissed. Changes from discretionary to mandatory a court's authority to convert or dismiss for specified cause. Specifies circumstances in which such a case shall not be converted or dismissed. (Sec. 414) Redefines "single asset real estate" to include: (1) undeveloped real property; and (2) a commonly controlled group of entities all of which are concurrently debtors in a case under chapter 11, other than the business of operating the real property and incidental activities. (Sec. 415) Sets forth additional guidelines for confirmation of a reorganization plan. (Sec. 416) Revises the exception to the requirement that a court grant relief from an automatic stay of an act against single asset real estate by a secured interest creditor. Allows an automatic stay for such property in certain circumstances within 30 days after the court determines the debtor is subject to such exception (or, as currently, within 90 days after entry of the order for relief, whichever is later). Revises the circumstance where a debtor has commenced monthly payments to each secured interest creditor to allow the debtor, in the debtor's sole discretion, to make such payments from rents or other income generated before or after the commencement of the case by or from the property. Requires such payments in an amount equal to the interest on the value of the creditor's interest in the real estate, determined at the then-applicable contract rate of interest (currently, at the fair market rate). Title V: Bankruptcy Tax Issues - Modifies guidelines governing notice of the commencement of a case for relief of a debtor to the governmental unit listed by the debtor as its creditor. (Sec. 501) Directs the Advisory Committee to propose for adoption: (1) certain revised rules for debtor notice to a governmental unit which is either its creditor or regulatory authority; and (2) rules for a governmental unit to designate the manner in which a trustee may petition for a determination of any unpaid tax liability incurred by the estate during administration of the case. (Sec. 503) Designates the interest rate applicable to tax claims arising before the date of the order for relief. Modifies priority guidelines governing the tolling of allowed unsecured claims of governmental units. States that reorganization plan confirmation does not discharge a corporate debtor from any debt for a tax or customs duty with respect to which the debtor filed a fraudulent return or willfully attempted to evade or defeat the tax or duty. (Sec. 507) States that a petition for debtor relief operates as a stay of a U.S. Tax Court proceeding regarding the debtor's tax liability only for a taxable period ending before the order for relief. Authorizes appeals from Tax Court decisions. (Sec. 508) Requires that the periodic payment of taxes in chapter 11 cases be quarterly or more frequently. (Sec. 509) Proscribes the avoidance of statutory tax liens which are not perfected or enforceable at the time of commencement of a case against certain bona fide purchasers. (Sec. 510) Amends the Federal judicial code to mandate that court personnel conducting a business under court authority pay each tax when due in the course of that business (except with respect to a property tax secured by a lien against property of the estate that is abandoned by the bankruptcy trustee). Mandates payment of ad valorem taxes. Provides that a governmental unit shall not be required to file a request for payment of administrative expense taxes. (Sec. 515) Declares that the filing of a petition for debtor's relief shall not operate as a stay of the setoff of an income tax refund by a governmental unit for any taxable period ending before the order for relief against an income tax liability, unless before the setoff an action is commenced to determine the amount or legality of that tax liability. Title VI: Miscellaneous - Amends guidelines for: (1) rejection and surrender of executory contracts and unexpired leases; (2) allowance of claims or interests; (3) expedited appeals of bankruptcy cases to courts of appeals; and (4) changes in membership in creditors' and equity security holders' committees. (Sec. 605) Amends the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 to repeal the sunset of chapter 12 (Adjustment of Debts of a Family Farmer with Regular Annual Income) (thus making it permanent). (Sec. 606) Declares, with respect to certain cases ancillary to foreign proceedings, that the bankruptcy court may not grant relief to a foreign insurance company that is not engaged in the business of insurance or reinsurance in the United States with respect to any claim made by a U.S. creditor against: (1) a deposit required by applicable State insurance law; (2) a multibeneficiary trust required by applicable State insurance law to protect U.S. policyholders or claimants against a foreign insurance company; or (3) a multibeneficiary trust authorized under applicable State insurance law to allow a domestic insurance company that cedes reinsurance to the debtor to reflect the reinsurance as an asset or deduction from liability in the ceding insurer's financial statements.
Bill· SS. 1924 (105th)referred
United States · United States Congress · 2 April 1998
Technical Workers Fairness Act of 1998 - Amends the Revenue Act of 1978, as amended by the Tax Reform Act of 1986, with respect to the standards that a taxpayer must apply to treat certain individuals as not being employees for employment tax purposes. Repeals the exception to such standards for an individual who, pursuant to an arrangement between the taxpayer and another person, provides services for such other person as an engineer, designer, drafter, computer programmer, systems analyst, or other similarly skilled worker (technical worker) engaged in a similar line of work. (Thus, restores the standards used for determining whether technical workers are not employees as in effect before the Tax Reform Act of 1986.)
Bill· SS. 1929 (105th)referred
United States · United States Congress · 2 April 1998
TABLE OF CONTENTS: Title I: Production From Marginal and Inactive Wells Title II: Other Incentives United States Energy Economic Growth Act - Title I: Production From Marginal and Inactive Wells - Amends the Internal Revenue Code to allow a tax credit for marginal domestic oil and natural gas well production during any taxable year in the amount of $3 per barrel of qualified crude oil production and 50 cents per 1,000 cubic feet of qualified natural gas production, reduced, but not below zero, as oil and gas prices increase. States that the limitation to the general business credit, based on the amount of tax, shall not be reduced by the amount of the marginal oil and gas well credit. Excludes from gross income, at the taxpayer's election, any income attributable to independent producer oil from a recovered inactive well, under certain conditions, while disallowing any deductions directly connected with such excluded amounts. Provides that, with respect to the alternative minimum tax, the inclusion of certain items in the computation of earnings and profits shall not apply to any income attributable to independent producer oil from a recovered inactive well that is excluded from gross income. Title II: Other Incentives - Allows both geological and geophysical expenditures on domestic oil and gas exploration and development and delay rental payments, at the taxpayer's election, to be deducted from gross income at the time incurred. Extends the special rule for the spudding of oil and gas wells. Extends the enhanced oil recovery credit to certain nontertiary recovery methods.
Bill· SS. 1909 (105th)referred
United States · United States Congress · 2 April 1998
Amends the Internal Revenue Code to repeal Subchapter B (Communications) of Chapter 33 (Facilities and Services) of Subtitle D (Miscellaneous Excise Taxes).
Bill· SS. 1911 (105th)referred
United States · United States Congress · 2 April 1998
Working Middle Class Tax Relief Act of 1998 - Amends the Internal Revenue Code to allow a nonrefundable tax credit to individuals for the real estate taxes paid or accrued on their principal residence, up to a maximum applicable dollar amount ranging from $100 for taxable years beginning in 1999 to $500 in taxable years beginning in 2003 and thereafter.
Bill· SS. 1907 (105th)referred
United States · United States Congress · 2 April 1998
Amends the Internal Revenue Code to allow a refundable tax credit for wetland restoration, conservation, and easement expenses for any taxable year. Prescribes formulae for the determination of the three elements of such credit.
Bill· SS. 1901 (105th)referred
United States · United States Congress · 1 April 1998
Taxpayers Internet Assistance Act of 1998 - Amends the Freedom of Information Act to require the Internal Revenue Service to make available on the Internet specified records, as well as all IRS forms, instructions, and publications, which are currently required to be made available to the public. Requires a study of how to more effectively use the Internet to provide services to taxpayers.
Bill· SS. 1902 (105th)referred
United States · United States Congress · 1 April 1998
Health Insurance Tax Relief Act - Amends the Internal Revenue Code to allow the first $2,000 of health insurance premiums to be fully deductible regardless of whether or not the taxpayer itemizes deductions.
Bill· SS. 1896 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Establishment, Administration, and Jurisdiction Title II: Management Provisions Title III: Transfer Provisions Title IV: Funding Land Between the Lakes Protection Act of 1998 - Title I: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 102) Provides for: (1) civil and criminal jurisdiction with respect to the Area; and (2) payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 104) Considers all Area paved roads as forest highways. Title II: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan (plan) for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 202) Establishes the Land Between the Lakes Advisory Board. Authorizes the Secretary to terminate the Board after the plan has been implemented. (Sec. 203) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites and activities within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 204) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service (USFS) for USFS management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by USFS. Subordinates USFS fish and wildlife activities to overall Area management. (Sec. 207) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 208) Directs the Secretary to conduct an inventory of and ensure access to all Area cemeteries for visitation and maintenance. (Sec. 209) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 210) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 211) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years beginning after the enactment of this Act. Title III: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 305) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit. (Sec. 306) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 307) Authorizes the Secretary, with respect to the transfer, to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Provides other employee transition provisions. Title IV: Funding - Makes current TVA funds for Area administration available to the Secretary, and makes funds currently available to the Secretary of the Interior available to the USFS for their Area administration. (Sec. 402) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.
Bill· HRH.R. 3689 (105th)open
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Establishment, Administration, and Jurisdiction Title II: Management Provisions Title III: Transfer Provisions Title IV: Funding Land Between the Lakes Protection Act of 1998 - Title I: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 102) Provides for: (1) civil and criminal jurisdiction with respect to the Area; and (2) payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 104) Considers all Area paved roads as forest highways. Title II: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan (plan) for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 202) Establishes the Land Between the Lakes Advisory Board. Authorizes the Secretary to terminate the Board after the plan has been implemented. (Sec. 203) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites and activities within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 204) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service (USFS) for USFS management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by USFS. Subordinates USFS fish and wildlife activities to overall Area management. (Sec. 207) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 208) Directs the Secretary to conduct an inventory of and ensure access to all Area cemeteries for visitation and maintenance. (Sec. 209) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 210) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 211) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years beginning after the enactment of this Act. Title III: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 305) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit. (Sec. 306) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 307) Authorizes the Secretary, with respect to the transfer, to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Provides other employee transition provisions. Title IV: Funding - Makes current TVA funds for Area administration available to the Secretary, and makes funds currently available to the Secretary of the Interior available to the USFS for their Area administration. (Sec. 402) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities.
Law· HRH.R. 3616 (105th)enacted
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Multi-Year Contract Authorizations Title II: Research, Development, Test, and Evaluation Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title III: Operation and Maintenance Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Subtitle C: Reserve Mobilization Income Insurance Fund Title V: Military Personnel Policy Subtitle A: Active Forces Subtitle B: Reserve Forces Title VI: Compensation and Other Personnel Benefits Subtitle A: Military Pay Subtitle B: Bonuses and Special and Incentive Pays Subtitle C: Other Matters Title VII: Acquisition Policy and Management Title VIII: Department of Defense Management Subtitle A: General Management Subtitle B: Department of Defense Personnel Management Title IX: General Provisions Subtitle A: Financial Matters Subtitle B: Miscellaneous Report Requirements and Repeals Subtitle C: Matters Relating to Terrorism Subtitle D: Matters Relating to Counter Drug Operations Subtitle E: Other Matters National Defense Authorization Act for Fiscal Year 1999 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and for other procurement. (Sec. 104) Authorizes appropriations for FY 1999 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Multi-Year Contract Authorizations - Authorizes the use of multiyear contracts by the Army and Navy for the procurement of certain vehicles, weapons, and aircraft. Title II: Research, Development, Test, and Evaluation - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1999 for the armed forces for research, development, test, and evaluation, including activities of the Directors of Test and Evaluation and Operational Test and Evaluation. Subtitle B: Other Matters - Adds additional requirements for inclusion in the low-rate initial production of weapon systems. (Sec. 212) Extends through FY 2003 the authority of the Secretary of Defense (Secretary) to contract with commercial entities to conduct commercial test and evaluation activities at a major range and test facility installation. Title III: Operation and Maintenance - Authorizes appropriations for FY 1999 for operation and maintenance (O&M) for the armed forces and specified activities and agencies of the Department of Defense (DOD). (Sec. 302) Authorizes appropriations for FY 1999 for: (1) working capital and revolving funds; (2) the Armed Forces Retirement Home; and (3) the operation of Fisher houses, to be derived from the Fisher House Trust Fund. (Sec. 305) Authorizes the transfer of up to $150 million from the National Defense Stockpile Transaction Fund to specified O&M accounts. (Sec. 306) Authorizes the Secretary, using available amounts from the Department of Defense Base Closure Account 1990, to pay stipulated damages under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 assessed against McClellan Air Force Base, California. Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1999. (Sec. 402) Repeals a requirement that such end strengths be sufficient to support two simultaneous major regional contingencies. (Sec. 403) Revises the due date of an annual manpower requirements report. (Sec. 404) Exempts from general and flag officer grade limits the position of Director, National Imagery and Mapping Agency. Makes permanent (currently ends October 1, 1998) the authority of the Chairman of the Joint Chiefs of Staff to designate up to 12 general and flag officers serving in joint duty positions for exclusion from such limits. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1999 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. (Sec. 413) Sets forth the authorized end strengths as of the end of FY 1999 for Army and Air Force military technicians (dual status). (Sec. 414) Increases the number of officers and enlisted personnel authorized to serve on active duty in support of the reserves. (Sec. 415) Excludes from active-duty end strength limitations certain reserve personnel on active duty for 181 days or more in support of peacetime requirements of the military services and combatant commands. Subtitle C: Reserve Mobilization Income Insurance Fund - Authorizes appropriations for the Reserve Mobilization Income Insurance fund. Title V: Military Personnel Policy - Subtitle A: Active Forces - Authorizes the Secretary to determine the composition of selective early retirement boards convened for determining retirement status with respect to Naval Reserve rear admirals or Marine Corps Reserve major generals. (Sec. 503) Provides active status service requirements, for promotion consideration purposes, for Army and Air Force Reserve brigadier generals. (Sec. 504) Authorizes the posthumous appointment of officer commissions and warrants, making the date of appointment the date of death. (Sec. 505) Excludes regular chief warrant officers in the W-4 grade from provisions requiring involuntary retirement due to non-selection for promotion. (Sec. 506) Adds required procedures for the selection of judge advocate generals and assistant or deputy judge advocate generals of the military departments. (Sec. 507) Establishes a three-year term of office for the Chief of the Air Force Nurse Corps. (Sec. 508) Provides time-in-grade requirements for reserve general and flag officers who are involuntarily transferred from an active status. (Sec. 509) Eliminates the requirement for a board of review after a board of inquiry determination relating to an officer's substandard performance of duty or certain other findings. (Sec. 510) Authorizes retired and former officers to be considered for promotion by special promotion selection boards. Subtitle B: Reserve Forces - Authorizes the Secretary of the military department concerned to order members under his jurisdiction to perform functions in support of the defense agencies and either the active or reserve components. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Military Pay - Waives any FY 1999 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases the rate of basic pay of members of the uniformed services by 3.1 percent, effective January 1, 1999. Subtitle B: Bonuses and Special and Incentive Pays - Extends through FY 2001 certain bonuses and special pay for specially skilled military personnel, including nuclear-qualified personnel. (Sec. 612) Extends through FY 2000 certain bonuses and special pay authorities for reserve personnel. (Sec. 613) Extends through FY 2001 the special pay authority for nurse anesthetists. (Sec. 614) Provides reenlistment bonus eligibility for reserve personnel who perform active National Guard and Selected Reserve duty. (Sec. 615) Increases from $4,000 to $6,000 the maximum bonus for Army enlistment. Subtitle C: Other Matters - Authorizes the Secretary, or the Secretary of Transportation with respect to the Coast Guard when it is not operating under the Navy, to provide a transportation allowance for rest and recuperation travel during a period in which personnel perform at a duty station within a contingency operation, or in other appropriate circumstances as determined by such Secretary. Provides allowance limits. (Sec. 622) Deletes the Panama Canal Zone from inclusion within the definition of a U.S. possession. (Sec. 623) Allows for the storage of unaccompanied baggage of military dependent students. (Sec. 625) Provides for the restoration of annual leave lost due to the closure of an installation in the Republic of Panama in accordance with the Panama Canal Treaty of 1977. Extends through December 31, 2003, the period during which annual leave lost due to the closure of a military installation under a base closure law will be restored. (Sec. 627) Authorizes the Superintendent of a U.S. military academy to order a cadet or midshipman to be placed on involuntary leave without pay: (1) after a suspension pending separation; (2) to repeat an academic semester or year; or (3) for other good cause. (Sec. 628) Repeals the requirement that no more than ten percent of reenlistment bonuses paid during a fiscal year exceed $20,000. (Sec. 629) Amends the Defense Dependents' Education Act of 1978 to authorize the Secretary, and the Secretary of Transportation with respect to the Coast Guard in appropriate circumstances, to provide an educational allowance to the sponsors of military dependent students in overseas areas in which DOD has not established defense dependents' schools. (Sec. 630) Amends the Civilian Health Medical Program of the the Uniformed Services (CHAMPUS) concerning the defense plan for military dependents to: (1) revise the premium amount; and (2) authorize the integration of a basic dental benefit plan into the TRICARE Program (a DOD managed care program). (Sec. 631) Provides for the recovery, care, and disposition of remains of military personnel who die while hospitalized after having been retired by reason of medical disability for an injury, illness, or disease incurred while on active duty, as long as the hospitalization has been continuous since such retirement. (Sec. 632) Revises the voluntary separation incentive program to ensure continued eligibility for members who involuntarily lose membership in a reserve component due to age, years of service, failure of promotion, or medical disqualification. (Sec. 633) Revises the defense domestic dependent elementary and secondary school program to: (1) allow dependents of Federal employees not residing on a military installation to be enrolled in a school program for more than five consecutive school years, at the discretion of the Secretary, where the dependent is qualified, space is available, and the Secretary will be reimbursed for educational services provided. Authorizes the enrollment in such school of the dependent of military personnel assigned to a remote or unaccompanied assignment when such dependent is residing in a U.S. territory, commonwealth, or possession. (Sec. 634) Extends until October 1, 2003: (1) the period during which the Secretary concerned may reduce the required term of active service before qualification for retirement for regular or reserve commissioned officers; (2) the period of exemption from required retirement for certain limited duty Navy commanders and captains; and (3) the exemption from mandatory retirement for failure of promotion for certain Navy and Marine Corps officers designated for limited duty. Title VII: Acquisition Policy and Management - Limits the authority of the head of a defense procuring activity to delegate the approval of the use of noncompetitive procedures in the procurement process. Amends the Federal Property and Administrative Services Act of 1949 to set similar limits with respect to the head of a Federal procuring activity. (Sec. 702) Repeals a provision stating that a defense contractor or subcontractor who is granted a waiver from procurement cost or pricing data requirements shall be considered to have met such requirements for purposes of tiered contracts (contracts having one or more contractors and subcontractors). Makes a similar repeal under the Federal Property and Administrative Services Act of 1949 with respect to nondefense contractors or subcontractors. (Sec. 704) Repeals a provision requiring equal allocation of procurement technical assistance program funding among Defense Contract Administrative Services regions. (Sec. 705) Amends the Defense Acquisition Improvement Act of 1986 to repeal the requirement of certain Defense Inspector General oversight of undefinitized contractual actions. (Sec. 706) Amends the Contracts Disputes Act of 1978 to specify the date for the Government payment of interest on contractor cost claims. (Sec. 707) Requires personnel to be assigned to the following positions for no fewer than three years: (1) program manager or deputy manager for a significant nonmajor defense acquisition program; (2) program executive officer; (3) general or flag officer or equivalent position; or (4) senior contracting official. (Currently, such requirement extends only to critical acquisition positions.) (Sec. 708) Makes eligible for the defense acquisition corps certain personnel who served as a GS-13 or above but were downgraded below such level due to a reduction in force, a base closure, or reason other than for cause. (Sec. 709) Amends the Federal Acquisition Streamlining Act with respect to a test program within the Office of Federal Procurement Policy of alternative and innovative procurement procedures to: (1) remove the requirement that no more than one such test be conducted in any single procuring agency; (2) allow two (currently, one) contracts awarded for such tests to exceed $5 million; (3) reduce from 270 to 120 days before the conduct of a test the date by which a detailed test plan is required to be submitted to specified congressional committees; and (4) extend until January 1, 2003, the termination of the test program. (Sec. 710) Amends the National Defense Authorization Act for Fiscal Year 1991 to: (1) remove the word "Pilot" from the Mentor-Protege Pilot Program; (2) authorize DOD to conduct an initiative that would allow DOD to participate in the mentoring of women-owned small business proteges; and (3) expand the definition of a disadvantaged small business concern for purposes of such Program. (Sec. 711) Authorizes holding General Accounting Office protest proceedings in abeyance when the agency involved has agreed to suspend contract award or performance pending completion of any agency protest procedure and any subsequent protest timely filed before the Comptroller General. (Sec. 712) Amends the Department of Defense Appropriations Act, 1993 to revise restrictions on DOD procurement from foreign sources of cotton, silk, wool and other natural fibers and specified derivative products. Title VIII: Department of Defense Management - Subtitle A: General Management - Increases from $5 million to $10 million the authorized annual DOD expenditures for the humanitarian clearance of landmines. Prohibits more than ten percent of such funds from being used to pay reserve personnel performing duty in connection with landmine clearing training and related activities. (Sec. 802) Authorizes the Secretary to impose a surcharge for dishonored checks issued to the Defense Commissary Agency and to deposit collected amounts in the commissary trust revolving fund for payment of costs incurred in collecting on such checks. Provides authorized means of collection, including military pay or entitlements deductions, Federal withholdings, or the use of private collection agencies. (Sec. 803) Amends the Armed Forces Retirement Home Act of 1991 to revise generally the retirement home inspection requirements of the DOD Inspector General. (Sec. 804) Amends the National Security Act of 1947 to exempt operational files of the National Imagery and Mapping Agency (NIMA) from certain public search, review, publication, and disclosure requirements of the Freedom of Information Act. Provides for: (1) exceptions; and (2) judicial review of contested cases of withheld records. Requires the Directors of NIMA and Central Intelligence, at least every ten years, to review exempted records to determine whether they may be removed from exemption. Provides for judicial enforcement of such review requirement. (Sec. 805) Authorizes the Secretary to withhold from public disclosure any geodetic product that the Secretary has determined would, if disclosed, interfere or unfairly compete with an emerging or existing commercial industry or market operation. (Sec. 806) Repeals a provision of the National Defense Authorization Act for Fiscal Year 1998 which requires certain prior approval procedures with respect to the export of high performance computers. (Sec. 807) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal a provision concerning the authority to waive certain requirements prior to the transfer of the tactical airlift mission to the reserve components. (Sec. 808) Requires funds received from the Federal Republic of Germany representing its share of the costs of the George C. Marshall European Center for Security Studies to be used for Center costs. Authorizes the Secretary to waive reimbursement of certain Center costs for military officers and civilian officials of cooperation partner states of the North Atlantic Cooperation Council or the Partnership for Peace when determined to be in the national security interest. Provides a similar waiver with respect to the Asia Pacific Center for Security Studies for military officers and civilian officials of the Asia Pacific Region. Subtitle B: Department of Defense Personnel Management - Authorizes the Secretary to commence a demonstration project of proposals for improving the personnel management policies or procedures for the Defense Commissary Agency. Provides project terms and conditions, limiting the project's scope to the Agency's workforce. Provides project conditions with respect to employees covered by a collective bargaining agreement. (Sec. 812) Eliminates an employment preference program for the hiring of military spouses as DOD child care employees. (Sec. 813) Preserves certain civil rights protection for former Defense Mapping Agency employees who continue such employment with NIMA. (Sec. 815) Authorizes (currently requires) the Secretary to establish a program for U.S. scientists, engineers, and managers to learn Japanese language and culture. (Sec. 816) Authorizes the Secretary, for five years, to appoint scientific and engineering personnel to conduct experimental research and development through the Defense Advanced Research Projects Agency. Directs the Secretary to report annually to the defense committees on the use of such authority. Title IX: General Provisions - Subtitle A: Financial Matters - Repeals the requirement for a: (1) separate budget request for the procurement of reserve equipment; and (2) two-year DOD budget cycle. (Sec. 903) Amends the Department of Defense Authorization Act, 1986 to require the Director of the Federal Emergency Management Agency (FEMA) to administer a program to provide off-post emergency preparedness to protect the public in the vicinity of installations where lethal chemical agents and munitions are stored. Authorizes the Director to establish an incentive program to encourage States and local governments to achieve early, efficient, and cost-effective preparedness. Requires the Director to report annually to the Congress on program activities. Requires program funds to be set out in a separate defense-related FEMA account. (Sec. 904) Authorizes the Secretary to transfer funds from specified defense accounts for combating terrorism or for force protection. (Sec. 905) Authorizes the Secretary to transfer funds between DOD investment appropriations within acquisition category I and II programs or clearly defined groups of associated acquisition programs, with transfer limits of $500 million per year and $20 million per program. (Sec. 906) Requires annual amounts requested for activities of the Ballistic Missile Defense Organization to be set forth in accordance with specified program elements. Requires amounts requested for Theater and National Missile Defense major defense acquisition programs to be specified in individual dedicated program elements, and to be available only for Ballistic Missile Defense activities. Requires management and support requests to be included within the program elements. (Sec. 907) Authorizes the Secretary, after 30 days' prior notification to the appropriate congressional committees, to transfer funds from DOD O&M accounts to military personnel accounts, to be used for military family housing privatization projects. (Sec. 909) Authorizes the Secretary to pay licensing or other fees to foreign countries or international organizations in connection with the sale there of maps, charts, and navigational books. (Sec. 910) Authorizes the Secretary concerned to charge and retain fees for providing historical information to public requesters from the United States Army or Air Force Military History Institute or the Naval or Marine Corps Historical Center. Subtitle B: Miscellaneous Report Requirements and Repeals - Repeals a report: (1) concerning a NATO conventional defense assessment of allied performance, NATO conventional defense capabilities, and allied burdensharing; (2) relating to the joint training of special operations forces with friendly foreign forces; (3) on the Defense Business Operations Fund; (4) on the Defense Contract Audit Agency's authority to subpoena records of defense contractors; (5) on the use of funds from the lease of non-excess DOD property; (6) concerning the alternative utilization of military facilities; and (7) concerning a proposed contract for the sale of Gregg Circle Area, Fort Jackson, South Carolina. (Sec. 918) Requires the report on demonstration projects relating to the military health care delivery system to be submitted annually (currently, semiannually). (Sec. 922) Provides an exception from the requirement for a report from the Secretary concerned to the defense committees before entering into certain real property transactions with respect to any such transaction made in connection with a declaration of war, national emergency, or major disaster, a riot, or a contingency operation. Requires such a report within 30 days after entering into such a transaction. (Sec. 923) Repeals certain notification requirements with respect to DOD Inspector General investigations. (Sec. 924) Amends the Department of Defense Appropriations Act, 1989 to repeal the reporting of certain elements of DOD overseas basing costs. (Sec. 925) Directs the Secretary concerned to notify the appropriate congressional committees in the case of architectural and engineering services and construction design for which the estimated costs exceed $500,000 (currently $300,000). Subtitle C: Matters Relating to Terrorism - Authorizes the Chairman of the Joint Chiefs of Staff (currently, only the Secretaries of Defense and the military departments) to purchase right-hand drive motor vehicles for use in a foreign country. Authorizes each such official to purchase nontactical armored passenger vehicles under emergency situations for combating terrorism and for military force protection support. (Sec. 932) Authorizes the Secretary to make DOD personnel available to operate equipment with respect to a foreign or domestic counterterrorism operation or a rendition of a suspected terrorist from a foreign country to the United States for trial. Subtitle D: Matters Relating to Counter Drug Operations - Amends the National Defense Authorization Act for Fiscal Year 1991 to extend through FY 2004 DOD's authority to provide support to other Federal agencies and law enforcement officials for counter-drug activities. Authorizes the Secretary to conduct domestic outreach programs to reduce the demand for illegal drugs among youths. (Sec. 942) Amends the National Defense Authorization Act for Fiscal Year 1997 to: (1) authorize DOD to provide counter-drug support for specified Caribbean countries; (2) extend through FY 2004 the authority to provide such support; and (3) increase the amount authorized for such purpose. Subtitle E: Other Matters - Redefines "financial institution" for purposes of Federal Government reimbursement of charges incurred by military personnel or Federal employees because of Government error in the direct deposit of pay. (Sec. 952) Amends the Supplemental Appropriations Act, 1987 to authorize drug test results of civil service mariners of the Military Sealift Command to be released to the Coast Guard to the same extent that similar submissions are required from commercial vessel operators. (Sec. 953) Provides for the disposition of amounts collected through military claims services from third parties for loss or damage to personal property shipped or stored at Government expense. (Sec. 954) Allows polychlorinated biphenyls located outside of U.S. customs territory but in U.S. possession and control to be imported for disposal within U.S. customs territory. (Sec. 955) Authorizes the Secretary of the Army to lease up to 500 units in Italy and 800 units in Korea, subject to the maximum lease amount, for military family housing purposes. (Sec. 956) Authorizes the Secretary to conduct a pilot program under which the Secretary's agent would be exempt from providing a copy of notice or service as currently required when providing notice and taking action to enforce obligations for child support and alimony payments among military personnel under provisions of the Social Security Act. Requires a report describing the program from the Secretary to the Speaker of the House and the President of the Senate. Terminates the program at the end of FY 2000. (Sec. 957) Authorizes the Secretary of the Navy to enter into the long-term charter of three specified vessels in support of Navy submarine rescue, escort, and towing.
Bill· HRH.R. 3672 (105th)open
United States · United States Congress · 1 April 1998
Employee Pension Portability and Accountability Act of 1998 - Amends the Internal Revenue Code, with respect to retirement savings, to: (1) require an employer, upon request from an employee, to withhold retirement savings from wages; (2) provide a credit to eligible small employers for pension plan start-up costs; (3) permit an employer to establish a Secure Money Annuity or Retirement (SMART) Trust (as defined); (4) provide for faster vesting of employer matching contributions under a plan including an accrued benefit derived from such contributions; (5) require spousal pension right-to- know provisions; (6) require one-percent employer contributions under the alternative method of meeting nondiscrimination requirements for 401(k) plans; (7) redefine the term highly compensated employee; and (8) revise multiemployer plan provisions with respect to the special limitation rule, the exemption for survivor and disability benefits, the full funding limitation, valuation, and partial termination rules.
Bill· HRH.R. 3642 (105th)referred
United States · United States Congress · 1 April 1998
Judicial District of the Virgin Islands Act of 1998 - Amends the Federal judicial code to establish a Federal judicial district in the Virgin Islands, composed of two divisions, one for Saint Croix and the other for Saint Thomas and Saint John. Provides two judges for such district. Repeals provisions of the Revised Organic Act of the Virgin Islands regarding judicial divisions, trial by jury, and the U.S. attorney for the Virgin Islands. Vests judicial power of the Virgin Islands in trial or appellate courts established by local law. (Currently, such power is also vested in the District Court of the Virgin Islands.) Requires the local courts of the Virgin Islands to have jurisdiction over all causes of action in the Islands over which any court established by the Constitution and U.S. laws does not have exclusive jurisdiction. (Currently, the Virgin Islands legislature may vest such jurisdiction in such courts.) Replaces references to the District Court of the Virgin Islands in provisions regarding jurisdiction over income tax matters and appellate jurisdiction with references to the U.S. District Court for the District of the Virgin Islands. Removes provisions regarding judges of the District Court of the Virgin Islands. Authorizes the temporary assignment of additional judges to the U.S. District Court for the Virgin Islands. Requires all pleadings and proceedings in the U.S. District Court for the Virgin Islands to be conducted in English. Permits pending complaints or proceedings to be pursued to final determination in such court, the U.S. Court of Appeals for the Third Circuit, and the Supreme Court. Deems references to the District Court of the Virgin Islands in any law to be references to the United States District Court for the Virgin Islands.
Bill· HRH.R. 3684 (105th)open
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Amendments to the Internal Revenue Code of 1996 Title II: Unemployment Trust Fund Accounts Title III: Grants to States for Employment Security Administration Title IV: Extended Unemployment Compensation Act of 1998 Title V: Federal Employment Security Service Title VI: Advances to State Unemployment Compensation Benefit Accounts Title VII: Conforming Amendments Employment Security Financing Act of 1998 - Title I: Amendments to the Internal Revenue Code of 1996 - Amends the Internal Revenue Code (IRC) Chapter 23 to revise Federal Unemployment Tax Act (FUTA) employer excise tax rate requirements. (Sec. 101) Repeals the 0.2 surtax for calendar years 2004 through 2007. (Ends the current FUTA employer tax rate of 6.2 percent of total employee wages after 2003, and begins a 6.0 rate in 2004.) Requires, for calendar year 2000 and thereafter, such FUTA tax, including accounts receivable from prior years, to be collected by the State agencies responsible for administration of the State unemployment compensation law as agents for the Secretary of the Treasury. Requires amounts collected by such State agencies to be deposited in: (1) the Employment Security Administration Account (the ESAA) within the Unemployment Trust Fund (the Fund), for years prior to calendar year 2003; and (2) the State's Employment Security Administration Account (State ESAA) within the Fund, for calendar year 2003 and thereafter. Requires amounts collected after January 1, 2000, by the Internal Revenue Service (IRS) to be deposited in the Employment Security Transition Account (Transition ESA) within the Fund. (Sec. 103) Sets forth additional requirements for approval of State laws. (Sec. 105) Revises the definition of State unemployment funds. (Sec. 106) Defines a State Employment Security Administration Account (State ESAA) as a special account within the Unemployment Trust Fund (the Fund) to provide administrative funds to pay the cost of services performed by the State agency in accordance with FUTA and the Social Security Act. (Sec. 107) Provides for collection of FUTA taxes by, as well as payment of FUTA taxes to, State agencies. (Sec. 109) Amends the IRC to repeal the prohibition against assessment of unpaid FUTA taxes. Title II: Unemployment Trust Fund Accounts - Amends title IX (Employment Security Administrative Financing) of the Social Security Act (SSA) to establish in the Unemployment Trust Fund (the Fund): (1) a State Employment Security Administration Account (State ESAA) for each State; (2) a Supplemental Employment Security Administration Account (Supplemental ESAA) for the administration of employment security programs, under FUTA and SSA titles IX and III (Grants to States for Unemployment Compensation Administration), by States whose average civilian labor force populations number less than one million; and (3) the Secretary of Labor Employment Security Administration Account (Labor Secretary ESAA) for the Secretary to carry out administrative duties under such SSA and FUTA provisions. Makes appropriations to the Fund for credit to such accounts according to specified formulas. (Sec. 201) Authorizes to be made available from State ESAAs, upon State request and subject to appropriation by the legislative body of each State, in addition to amounts otherwise appropriated by the Congress, special administrative funds for: (1) determining whether individuals claiming unemployment compensation under conforming State laws are available to accept suitable work and have not refused suitable work as prescribed by the State unemployment law; (2) job search and placement services to individuals claiming unemployment compensation benefits and other job seekers including counseling, testing, occupational and labor market information, assessment, and referral to employers; (3) appropriate recruitment services and special technical services for employers; and (4) collection of the FUTA tax imposed under IRC. (Sec. 202) Amends SSA title IX to repeal authority for the Employment Security Administration Account (the ESAA) in the Unemployment Trust Fund. (Sec. 203) Authorizes, for FY 2004 and thereafter, certain administrative expenditures from State ESAAs for: (1) State administration of unemployment compensation laws; (2) public employment services under the Wagner-Peyser Act; (3) certain veterans' programs; (4) collection of amounts due under FUTA; and (5) administration of statistical programs essential for development of estimates of the gross domestic product and other national statistical series, including those related to employment and unemployment. Provides for such expenditures upon State request, subject to appropriation by the State legislative body, in amounts up to 140 percent of the amount appropriated to the State agency from Federal employment security funds for the previous fiscal year. Authorizes $5 million out of the Supplemental ESAA for each of FY 2000 through 2003 for expenditures by States whose average civilian labor force populations number less than one million, for: (1) determining whether individuals claiming unemployment compensation under conforming State laws are available to accept suitable work and have not refused suitable work as prescribed by the State unemployment law; (2) job search and placement services to individuals claiming unemployment compensation benefits and other job seekers including counseling, testing, occupational and labor market information, assessment, and referral to employers; and (3) appropriate recruitment services and special technical services for employers. Authorizes, for FY 2004 and thereafter, expenditures out of the Supplemental ESAA by States whose average civilian labor force populations number less than one million, for the same administrative purposes for which expenditures from State ESAAs are authorized. Establishes the Council of States with Lesser Populations to determine the allocation methodology for and to allocate such amounts from the Supplemental ESAA, subject to appropriation by the legislative body of each State. Authorizes, for FY 2004 and thereafter, expenditures from the Secretary of Labor ESAA, in amounts up to 140 percent of that appropriated for the prior year, for the Department's performance of functions for the same administrative purposes for which expenditures from State ESAAs are authorized, plus: (1) establishment and maintenance of the employment security system under the Wagner-Peyser Act; and (2) payments of the Federal share of annual amortization costs of the unfunded liability for the State employment security agencies with independent retirement plans as determined by the Secretary. Directs the Secretary of the Treasury, for FY 2004 and thereafter, to pay from the Labor Secretary ESAA into the Treasury the amount determined by the Secretary of Labor to be allocated to the Department of the Treasury to cover its costs for performing its functions under: (1) SSA titles III (Unemployment Insurance), IX (Employment Security), and XII (Advances to State Unemployment Funds), including the expenses of banks for servicing unemployment benefit payment and clearing accounts which are offset by the maintenance of balances of Treasury funds with such banks; (2) FUTA; and (3) any Federal unemployment compensation law with respect to which responsibility for administration is vested in the Secretary of Labor. (Sec. 204) Provides for transfer of amounts attributable to reduced credits to State ESAAs. (Sec. 205) Provides for advances from a revolving fund within the Federal Unemployment Account (FUA) to State ESAAs. (Sec. 206) Provides for treatment of excess amounts in State ESAAs. (Sec. 207) Requires that excess amounts in the Federal Unemployment Account (FUA) be transferred to State ESAAs according to a State allocation formula. (Sec. 208) Repeals a reporting requirement relating to transfers between FUA and the ESAA. (Sec. 209) Terminates Extended Unemployment Compensation Account (EUCA). Transfers at the end of FY 2003: (1) excess EUCA amounts to State ESAAs, according to a specified formula; and (2) the remaining EUCA balance to the Unemployment Compensation Benefits Accounts of the States in the Fund, with specified exceptions where a State is ineligible. (Sec. 210) Provides for treatment of amounts elected by ineligible States. (Sec. 211) Revises SSA requirements relating to State use of certain funds (known as Reed Act funds) transferred to a State unemployment benefit account. (Sec. 212) Revises SSA provisions for the Unemployment Trust Fund (the Fund). Requires deposit into: (1) the State's Unemployment Compensation Benefit Account (UCBA) of contributions and payments in lieu of contributions under the State law; (2) the State ESAA of State agency collections under FUTA and of certain other transfers or deposits under SSA and FUTA; and (3) the Transition ESA of IRS collections under FUTA after January 1, 2000. (Sec. 213) Provides as separate book accounts in the Fund: (1) the Transition ESA; (2) each State UCBA; (3) each State ESAA; (4) the Supplemental ESAA; (5) the Labor Secretary ESAA; (6) the FUA; (7) the Railroad Unemployment Insurance Account; and (8) the Railroad Unemployment Insurance Administration fund. Establishes within the Fund an Employment Security Transition Account (Transition ESA) to: (1) receive IRS collections under FUTA; and (2) transfer such moneys to other specified accounts within the Fund. (Sec. 214) Revises SSA requirements for payments to State agencies and to the Railroad Retirement Board. (Sec. 215) Repeals provisions for the Extended Unemployment Compensation Account (EUCA). Sets forth the terms of transfer of EUCA funds to State UCBAs. (Sec. 216) Amends SSA title IX to repeal interfund borrowing authority with respect to the ESAA, FUA, EUCA, and other Federal accounts. Title III: Grants to States for Employment Security Administration - Repeals requirements for use and payments of specified available funds to assist States in administering their unemployment compensation laws, under SSA title III (Grants to States for Unemployment Compensation Administration). (Sec. 302) Revises requirements relating to: (1) certification of State laws; (2) limitations on use of State UCBA funds; and (3) proper use of administrative funds, and replacement of such funds expended for other purposes. (Sec. 303) Provides that States shall not be required to comply with the Secretary of Labor's interpretations of methods of administration requirements under SSA title III, if such interpretations impose additional administrative burdens on them, unless the Congress enacts legislation approving such an interpretation. Title IV: Extended Unemployment Compensation Act of 1998 - Extended Unemployment Compensation Act of 1998 - Amends the Employment Security Amendments of 1970 to revise the title II Extended Unemployment Compensation Program (currently the Federal-State Extended Unemployment Compensation Act of 1970), as of November 1, 2003. (Sec. 401) Includes such extended compensation program among State law requirements under FUTA. Requires the State law to establish within the State UCBA an extended compensation account for each eligible individual who files. Deems State laws certified as meeting requirements of the Federal-State Extended Unemployment Compensation Act on October 31, 1999, as meeting certification requirements under this title (EUCA98) for the year ending October 31, 2000, as long as the State law is not amended so as to conflict with the requirements of this title. Sets forth extended unemployment compensation program requirements for the extended benefit period, on-and-off-indicators, rate of insured unemployment, and covered employment. Title V: Federal Employment Security Service - Amends the Wagner-Peyser Act (WPA) to direct the U.S. Employment Security Service (USESS), as of October 1, 1999, to assist in coordinating public employment services throughout the country and assure that the requirements of SSA titles III and IX and of FUTA are met. (Eliminates current functions of the USESS as of such date.) (Sec. 503) Revises WPA requirements for: (1) transfer of USESS property to States; and (2) State use of public employment service funds. (Sec. 504) Repeals, as October 1, 2003, WPA provisions for: (1) Federal appropriations authority; (2) Federal use of funds; (3) State and Federal planning, fiscal controls, and accounting procedures; (4) the Secretary's authority to make rules and establish performance standards; and (5) authorization of appropriations to the Secretary to provide funds for reimbursable agreements with the States to operate certain statistical programs for estimates of gross national product and other national statistical series, including those related to employment and unemployment. Title VI: Advances to State Unemployment Compensation Benefit Accounts - Amends SSA title XII (Advances to State Unemployment Funds) to revise requirements for: (1) transfers from the Federal Unemployment Account (FUA) to State UCBAs; (2) State use of such transferred funds; (3) determination of the interest rate on such advances to States; and (4) repayable advances to FUA. Title VII: Conforming Amendments - Makes conforming amendments to the Balanced Budget Act of 1997 (Public Law 105-33) and the Taxpayer Relief Act of 1997 (Public Law 105-34).
Bill· HRH.R. 3652 (105th)open
United States · United States Congress · 1 April 1998
School Construction Act of 1998 - Amends the Internal Revenue Code to: (1) allow a limited tax credit to holders of qualified public school construction bonds as an incentive for public school construction; (2) include in gross income the amount of such credit, which shall be treated as interest income; and (3) establish a national qualified school construction bond limitation for each calendar year, to be allocated among the States with projected enrollment increases.
Bill· HRH.R. 3650 (105th)open
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code (IRC) to repeal joint and several liability of spouses with respect to joint returns. Provides instead that the tax liability shall be in proportion to the tax liability which each spouse would have incurred if each had reported his or her apportionable items on a separate return of a married individual, provided that a payment by one spouse in excess of such spouse's proportionate share of liability for the tax reported on the return shall not be refunded unless there is an overpayment with respect to that return. Revises IRC provisions concerning community property to disregard, for purposes of determining tax liability, community property laws.
Bill· HRH.R. 3644 (105th)open
United States · United States Congress · 1 April 1998
Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to provide for the use of customs user fees, to the extent funds remain available after making certain reimbursements, for: (1) salaries for up to 50 full-time equivalent inspectional positions to provide preclearance services at 11 locations in other countries where such services are provided; and (2) equipment that enhances customs services at such locations (up to a maximum of $100,000 in each fiscal year). Directs the Commissioner of Customs to establish an advisory committee, consisting of representatives from the airline, cruise ship, and other transportation industries, to advise the Commissioner on issues related to the performance of the inspectional services of the U.S. Customs Service.
Bill· HRH.R. 3686 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Grants to Model States Subtitle A: Grants To Improve the Quality of Child Care Services Subtitle B: Grants to Business Consortia Subtitle C: General Provisions Title II: Child Care Standards Enforcement Title III: Loan Deferral Title IV: Research and Demonstrations Title V: Amendments to the Child Care and Development Block Grant Act of 1990 Title VI: Child and Adult Food Program Title VII: Sense of the Congress Model States Child Care Enhancement Act of 1998 - Title I: Grants to Model States - Subtitle A: Grants To Improve the Quality of Child Care Services - Authorizes the Secretary of Health and Human Services (HHS) to make grants to eligible States to improve the quality of child care services. (Sec. 101) Requires such grants to be used by States for purposes the Secretary shall specify by rule, including: (1) providing specified types of State or federally approved, developmentally appropriate child care training (beyond certain basic training) to individuals who are, or are employed by, compensated child care providers; (2) requiring health consultation and age-appropriate immunization to children who receive child care services assisted under the Child Care and Development Block Grant Act of 1990 (CCDBGA) and to other children who receive center-based child care; (3) assisting eligible child care providers to achieve developmentally appropriate child-per-caregiver ratios established by a national accrediting association; (4) making competitive grants to persons for improvements and startup costs incurred to become eligible child care providers; (5) paying costs incurred to obtain comprehensive background checks; (6) increasing payment rates to providers who serve children under CCDBGA and, at State option, require providers to seek accreditation or otherwise enhance the quality of their child care services as a condition of receiving increased payment rates; (7) expanding activities, including resource and referral systems, to educate parents on child care availability and quality; and (8) improving child care availability and quality for children with special needs, including those relating to health and disabilities. (Sec. 102) Requires a State, in order to be eligible to receive such a grant for a fiscal year, to submit to the Secretary an application with specified certifications of State requirements relating to: (1) center-based and group home child care providers to obtain from the State or local government a preemployment criminal background check of each individual subsequently employed to provide child care services, at a cost to providers not to exceed the lesser of $50 or 50 percent of the State or local cost of conducting each check; and (2) State or local health and safety inspections of center-based child care providers at least semiannually, group home child care providers at least annually, family child care providers at least biennially, and all other child care providers periodically. Requires States to certify that: (1) all caregivers who provide child care assisted under CCDBGA receive training in providing medical first aid; (2) caregivers who are, or are employed by, compensated child care providers have specific minimum training determined and provided by the lead agency; (3) all compensated child care providers obtain from parents (or legal guardians) information regarding whether children have received age-appropriate immunizations; (4) specific developmentally appropriate child-per-caregiver ratios apply to center-based child care providers in the State; and (5) the State complies with grant requirements under this title and with specified provisions of CCDBGA. Requires State assurance that it will not reduce or remove any State requirement applicable to child care providers that exceeds any requirement applicable under this title. Requires any State receiving a grant for a fiscal year that applies for another grant in a subsequent fiscal year to demonstrate that it has enforced such requirements. (Sec. 103) Requires allotment among the States of such grants to be based on a specified formula under the Social Security Act. Subtitle B: Grants to Business Consortia - Directs the Secretary to make grants to States to provide grants to eligible entities to improve access to affordable, local, quality child care services. (Sec. 151) Makes eligible for such a grant a consortium that: (1) has not received a grant under this title; and (2) consists of representatives from at least five businesses (or a nonprofit organization that represents at least five businesses), each of which, to the maximum extent practicable, is located in the same geographic region. Requires States to give priority, in providing such grants, to eligible entities that consist of a majority of representatives from small businesses. Sets a maximum limit on the amount of any such grant provided to an eligible entity for any fiscal year. Sets forth requirements for grant applications, use of funds, and matching funds. Subtitle C: General Provisions - Authorizes appropriations. Title II: Child Care Standards Enforcement - Amends CCDBGA to establish a program of annual payments to States for child care standards enforcement. (Sec. 201) Requires States, to be eligible for such payments for a fiscal year, to: (1) include a child care standards enforcement plan in their State plans; and (2) report specified data on enforcement of child care quality and safety plans. Authorizes appropriations. Title III: Loan Deferral - Amends the Higher Education Act of 1965 to provide for student loan deferral for certain child care providers under specified programs for federally insured loans, federally guaranteed loans, and Federal direct student loans. Title IV: Research and Demonstrations - Amends CCDBGA to authorize the Secretary of HHS, directly or through grants, contracts, or other arrangements, to carry out research, demonstration projects, and other activities relating to child care services, including activities designed to improve the quality and increase the availability of child care services. (Sec. 401) Includes among allowable activities under such research and demonstrations program: (1) research on child care needs of low-income families; (2) demonstrations of technology-based education and training; (3) demonstration projects for new methods; (4) a National Center on Child Care Statistics; and (5) a hotline to locate local child care resources, and child care consumer education activities. Authorizes appropriations. Title V: Amendments to the Child Care and Development Block Grant Act of 1990 - Amends CCDBGA to require that State certification relating to payment rates, for child care services for which assistance is provided, be based on a survey of the cost of child care services in local markets throughout the State, conducted not more than two years before the date the State application for a block grant is submitted. (Sec. 502) Extends through FY 2003 the authorization of appropriations for CCDBGA. Title VI: Child and Adult Food Program - Amends the National School Lunch Act to increase reimbursement rates for family or group day care homes under the child and adult care food program. Title VII: Sense of the Congress - Expresses the sense of the Congress that funds should be appropriated under the amendments made by this Act to the maximum extent authorized and consistently with achieving a balanced Federal budget.
Bill· HRH.R. 3666 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Amendments to the National School Lunch Act Title II: Amendments to the Child Nutrition Act of 1966 Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 Child Nutrition and WIC Reauthorization Amendments of 1998 - Title I: Amendments to the National School Lunch Act - Amends the National School Lunch Act (NSLA) with respect to direct expenditures for agricultural commodities and other foods to repeal requirements for: (1) interim sources of funds pending supplemental appropriations; and (2) State matching funds for such interim funds and for cash donations in lieu of commodity donations. (Sec. 102) Allows State agencies to retain up to one-half of any program funds recovered during State-conducted audits or reviews of school food authorities, institutions, and service institutions participating in food assistance programs authorized under NSLA and the Child Nutrition Act of 1966 (CNA). Requires State agencies to use such funds for otherwise allowable program costs to improve management operations of such programs within the State, including by providing funds to school food authorities, institutions, and service institutions participating in such programs. (Sec. 103) Repeals a prohibition against requiring a State to match Federal funds for meals in private schools if the State educational agency is prohibited by law from disbursing State appropriated funds to private schools. Sunsets the Secretary of Agriculture's authority to disburse NSLA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 104) Requires all schools participating in the National School Lunch Program (lunch program) under NLSA or the School Breakfast Program (breakfast program) under CNA in which meals are prepared on site to obtain inspections twice during each school year that indicate food service operations meet State or local health and safety standards. (Sec. 105) Repeals the Secretary's authority, acting through the Administrator of the Food and Nutrition Service or through the Extension Service, to award grants for food and nutrition demonstration projects. Requires schools participating in the lunch program or breakfast program to make every effort to establish meal service periods that provide children adequate time to fully consume their meals in an environment conducive to eating. (Sec. 106) Directs the Secretary to require that schools in the contiguous United States purchase for the lunch program and breakfast program, whenever possible, only food products that are produced in the United States. (Sec. 107) Revises the NLSA summer food service program to apply to suppers and supplements the Secretary's authority to establish adjustments to reimbursement rates in the States of Alaska and Hawaii, and in specified territories, to reflect differences in costs from those in all other States. Revises the eligibility criteria for private nonprofit institutions under the summer food service program to increase from five to 25 the number of sites they may operate. Repeals certain summer food service program requirements relating to: (1) a March 1st deadline for indication of interest; (2) restrictions on meal contracting; and (3) vendor registration. Extends through FY 2002 the authorization of appropriations for the NLSA summer food service program. (Sec. 108) Reauthorizes through FY 2002 the NSLA commodity distribution program, which may use Commodity Credit Corporation (CCC) and other specified funds to purchase agricultural commodities for use in programs under NLSA, CNA, and the Older Americans Act of 1965. (Sec. 109) Revises NLSA child and adult care food program requirements for licensing and alternate approval for schools and outside school hours child care. Reinstates categorical eligibility, under the NLSA child care food program, for participants in the Even Start program of the Elementary and Secondary Education Act of 1965. (Extends such eligibility through FY 2002; it had ended with FY 1997.) Revises conditions for child and adult care program participation by institutions moving toward compliance with the requirement for tax exempt status. Repeals a notification requirement for incomplete applications. Requires State agencies, at least once every two years, to provide notification of child and adult care program availability, participation requirements, and application procedures to each nonparticipating institution or family or group day care home that is located in a needy area within the State, and has Federal, State, or local licensing or approval or receives funds under Social Security Act block grants to States for social services. Repeals the requirement that a participating State provide sufficient training, technical assistance, and monitoring to facilitate effective program operation. Repeals the Secretary's mandate to make funds available each fiscal year for State audits of participating institutions in the child care food program. Directs the Secretary to provide State agencies with increased levels of training and technical assistance for their management and oversight of the child and adult care program. Allows institutions that provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year to participate in the child care food program. Defines as at-risk any children who: (1) are age 12 through 18; and (2) live in a geographical area served by a school enrolling elementary students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price school meals under NSLA or CNA. Allows such institutions to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and (2) one supplement per child per day. Directs the Secretary to provide State agencies with information concerning the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program) under CNA. Requires State agencies to ensure that each participating child care center (other than institutions providing care to school children outside of school hours) receives certain WIC program informational materials and updates, and provides such information to parents of enrolled children annually. Repeals specified termination dates to grant permanent authorization to demonstration projects for child care food program qualification of private for-profit organizations providing nonresidential day care services. (Sec. 110) Allows emergency shelter homeless programs to participate in the child and adult care food program. Allows shelters to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to resident children through age 12; and (2) not more than three meals or two meals and a supplement per child per day. (Sec. 111) Repeals authority for certain demonstration projects involving: (1) meals and supplements outside of school hours; (2) fortified fluid milk; (3) fruits, vegetables, legumes, cereals, and grain-based products; (4) low-fat dairy products and lean meat and poultry products; and (5) reduced paperwork and application requirements and increased participation. (Sec. 112) Extends through FY 2002 the authorization of appropriations for training and technical assistance under the child and adult care food program. (Sec. 113) Extends through FY 1999 authority to fund the food service management institute, including mandatory and discretionary activities. (Sec. 114) Extends through FY 2002 the authorization of appropriations for compliance and accountability activities under the child and adult care food program. (Sec. 115) Extends through FY 1999 authority to fund an information clearinghouse for nongovernmental groups on food assistance and self-help activities for low-income individuals and communities. Makes the Secretary's authority to contract for such a clearinghouse discretionary rather than mandatory. Waives competition requirements for a contract with any organization that has performed satisfactorily under a previous clearinghouse contract. (Sec. 116) Repeals the requirement that the Secretary provide guidance and grant assistance to eligible entities for accommodating special dietary needs of individuals with disabilities who participate in covered programs under NSLA and CNA. Authorizes the Secretary to carry out accommodation activities, including guidance, technical assistance, training, and grants for State agencies and eligible entities. Title II: Amendments to the Child Nutrition Act of 1966 - Amends the Child Nutrition Act of 1966 (CNA) to Sunsets the Secretary of Agriculture's authority to disburse CNA program funds to schools directly at the end of FY 2000. Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary on or before October 1, 2000. (Sec. 202) Repeals specified requirements for reallocation of State administrative expense funds. Eliminates the ten percent limitation on the transfer of administrative expense funds under CNA and NSLA. Extends through FY 2002 the authorization of appropriations for State administrative expenses under CNA. (Sec. 203) Establishes additional program application requirements, involving physical presence, income documentation, and verification, for the special supplemental nutrition program for women, infants and children (WIC program). Authorizes the Secretary to provide bulk quantities of WIC program nutrition education materials to State agencies administering the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 at no cost to that program. Extends through FY 2002: (1) the authorization of appropriations for the WIC program and for the WIC farmers market nutrition program; and (2) requirements to use certain WIC funds for allocations to State agencies for costs of nutrition services and administration, and for program infrastructure and information, projects of regional or national significance, and breastfeeding promotion and support activities. Revises WIC program requirements relating to: (1) infant formula procurement; (2) spend-forward authority; (3) matching funds requirement; (3) ranking criteria for farmers market nutrition program State plans; and (4) disqualification of certain vendors convicted of trafficking or illegal sales. (Sec. 204) Authorizes appropriations in necessary amounts (currently gives a specified amount for each fiscal year) for FY 1999 through 2002 for the nutrition education and training program under CNA. Title III: Amendments to the Commodity Distribution Reform Act and WIC Amendments of 1987 - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to revise provisions relating to applicability and customer acceptability information. (Sec. 302) Adds to such Act food distribution requirements relating to the Secretary of Agriculture's authority to: (1) transfer commodities between programs; (2) resolve claims; (3) use specified funds to make payment of costs associated with management of commodities which pose a health or safety hazard; and (4) accept commodities donated by Federal sources.
Bill· HRH.R. 3624 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Violence Against Women Act of 1994 Title II: Family Violence Prevention and Services Act Title III: Older Americans Act of 1965 Title IV: Public Health Service Act Title V: Right to Financial Privacy Act of 1978 Older Women's Protection From Violence Act of 1998 - Title I: Violence Against Women Act of 1994 - Amends the Violence against Women Act of 1994 to direct the Attorney General to: (1) make grants to law school clinical programs to fund the inclusion of cases addressing issues of elder abuse, neglect, and exploitation, including domestic violence, and sexual assault against older individuals; and (2) develop curricula and provide for the offering of training programs regarding such issues for law enforcement officers, prosecutors, and relevant Federal, State, and local court officials. Authorizes appropriations. Title II: Family Violence Prevention and Services Act - Amends the Family Violence Prevention and Services Act to include elder domestic abuse and adult protective services within its ambit of services, grants, and demonstration grants for community initiatives. Title III: Older Americans Act of 1965 - Amends the Older Americans Act of 1965 to direct the Assistant Secretary of Health and Human Services for Aging to consider the importance of research about the sexual assault of older women when establishing research priorities for grants or contracts for research and demonstration projects on elder abuse. (Sec. 303) Authorizes appropriations without fiscal year limitation for grants to implement a State long-term care ombudsman program. (Sec. 304) Directs the Assistant Secretary, when making grants and contracts, to give special consideration to projects designed to: (1) expand access to domestic violence shelters and programs for older individuals and encourage the use of certain facilities as emergency short-term shelters; and (2) promote research on legal, organizational, or training impediments to providing services to older individuals through shelters and programs. (Sec. 305) Authorizes appropriations without fiscal year limitation for the ombudsman program and for the elder abuse prevention program. (Sec. 306) Directs the Secretary to make grants to: (1) nonprofit private organizations to support projects in local communities to coordinate activities for intervention in and prevention of elder abuse, including domestic violence and sexual assault; and (2) develop outreach programs for assisting victims of elder abuse, including some for assisting individuals in certain senior housing facilities. Authorizes appropriations. (Sec. 307) Directs the Secretary to develop curricula and implement continuing education training programs for certain providers of health care and social services to improve their ability to recognize and address elder abuse situations. Title IV: Public Health Service Act - Elder Abuse Identification and Referral Act of 1998 - Amends the Public Health Service Act to instruct the Secretary, when awarding grants or contracts, to give preferences to health professions schools or programs that condition the awarding of their degrees or certificates upon significant student training in specified areas of elder abuse identification and treatment. Title V: Right to Financial Privacy Act of 1978 - Amends the Right to Financial Privacy Act of 1978 to permit a financial institution to report suspected financial exploitation of an older individual to law enforcement entities, or government-regulated adult protective services entities. Shields such institution from liability for making such disclosure.
Bill· HRH.R. 3669 (105th)open
United States · United States Congress · 1 April 1998
Upper Colorado River and San Juan River Endangered Fish Recovery Act of 1998 - Limits to $100 million the costs of capital projects undertaken for the Upper Colorado and San Juan River recovery implementation programs (as agreed to in 1988). Authorizes appropriations to the Secretary of the Interior, acting through the Bureau of Reclamation, to undertake capital projects under this Act. Terminates in 2005 and 2007, respectively, the authority of the Secretary to request appropriations to implement such projects for the recovery programs in the Upper Colorado and San Juan River basins. Authorizes the Secretary to: (1) enter into agreements for non-federal contributions to project costs; and (2) utilize for such projects power revenues collected pursuant to the Colorado River Storage Project Act. Limits such contributions with respect to each recovery program. Requires the Secretary to report to specified committees and subcommittees on the utilization of such power revenues. Authorizes the retention of appropriated but unexpended project funds for use in future fiscal years. States that nothing in this Act shall restrict the Secretary from funding activities or capital items in accordance with the Federal Government's Indian trust responsibility.
Bill· HRH.R. 3664 (105th)open
United States · United States Congress · 1 April 1998
Tobacco Program Administrative Reform Act of 1998 - Directs the Secretary of Agriculture to: (1) estimate the annual (fiscal year) Department of Agriculture tobacco program costs; and (2) assess tobacco importers and product manufacturers based upon cost and market share. Establishes in the Treasury the Tobacco Assessment Fund.
Bill· HRH.R. 3636 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Assistance for Sub-Saharan Africa Title II: Worldwide Food Assistance and Agricultural Programs Subtitle A: Non-Emergency Food Assistance Programs Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 Title III: Miscellaneous Provisions Africa: Seeds of Hope Act of 1998 - Declares it to be U.S. policy to support governments of sub-Saharan African countries, U.S. and African nongovernmental organizations, U.S. and African businesses, and international agencies to ensure secure livelihoods and adequate nutrition for all sub-Saharan individuals, through sustainable agricultural and rural development. Title I: Assistance for Sub-Saharan Africa - Directs the Administrator of the U.S. Agency for International Development (AID), in providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, to: (1) use resources for programs and projects that improve the food security of children, women, or food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) to solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; and (3) ensure that program objectives and interventions are primarily developed and conducted by African and U.S. private and voluntary organizations and other such organizations, including cooperatives and local producer-owned cooperative marketing associations, that have a demonstrated expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (Sec. 101) Expresses the sense of the Congress that the Administrator of AID should increase resources to the Africa Food Security Initiative, or any comparable or successor program, for FY 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. (Sec. 102) Directs the Administrator of AID to provide, through bilateral and multilateral assistance, microenterprise assistance (including credit) to improve the efficiency of agricultural production in sub-Saharan Africa (specifically targeting the needs of women, small-scale farmers, and small rural entrepreneurs). (Sec. 103) Directs the President, acting through the Administrator of AID, to utilize foreign assistance programs and initiatives for sub-Saharan Africa to support producer-owned cooperative marketing associations there, including rural business associations that are owned by farmer shareholders. (Sec. 104) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should: (1) issue loans, guaranties, and insurance, and utilize existing equity funds and loan and insurance funds, to support agricultural and rural development in sub-Saharan Africa (particularly intermediary organizations that directly serve the needs of women, small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative marketing associations); and (2) jointly cooperate with AID to ensure that adequate administrative funds are available to carry out such activities. (Sec. 105) Directs the Administrator of AID to develop a comprehensive plan to coordinate the activities of AID-funded international agricultural research centers, U.S. land grant universities, and national agricultural research and extension centers in order that research and extension activities will respond to the needs of small-scale farmers while developing the potential and skills of researchers, extension agents, farmers, and agribusiness persons, and increasing the agricultural productivity, in sub-Saharan Africa. Expresses the sense of the Congress that the Administrator of AID: (1) has disproportionately reduced funding for international agriculture and rural development activities and the number of agricultural specialists who carry out such activities; and (2) should devote more resources and staff to such activities. Title II: Worldwide Food Assistance and Agricultural Programs - Subtitle A: Non-Emergency Food Assistance Programs - Sets forth general requirements for the administration of non-emergency assistance programs under title II of the Agricultural Trade Development and Assistance Act of 1954. Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 - Bill Emerson Humanitarian Trust Act of 1998 - Amends the Food Security Commodity Reserve Act of 1996 to rename specified provisions of the Food for Development Program as the Bill Emerson Humanitarian Trust Act. (Sec. 212) Includes, as part of the established trust stock of wheat, rice, corn, or sorghum used to meet emergency humanitarian food needs in developing countries, certain funds for Commodity Credit Corporation programs under the Agricultural Trade Development and Assistance Act of 1954 that are available to acquire such eligible commodities through purchases from producers or in the market to replenish the trust. Authorizes the release of eligible commodities from the trust for emergency food assistance to developing countries, provided such release is at levels consistent with maintaining the long-term value of the trust. Makes permanent the authority for the trust. Subtitle C: International Fund for Agricultural Development - Expresses the sense of the Congress that the United States should maintain its leadership in support for the activities of the International Fund for Agricultural Development (IFAD). (Sec. 221) Directs the Administrator of AID and the Secretary of State to review the effectiveness of the current six-year agreement between AID and the Department of State as it relates to U.S. contributions to IFAD. Directs the Administrator of AID and the Secretary to determine the extent to which the Fund has made progress toward management reforms, self-sufficiency, and poverty reduction in determining the amount of future U.S. contributions to it. Title III: Miscellaneous Provisions - Directs the Administrator of AID to report to the Congress on AID's plans for meeting the goals and objectives of the Africa Food Security Initiative.
Bill· HRH.R. 3683 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Personal Retirement Program Title II: Tax-Exempt S.A.F.E. Accounts Title III: Conforming Amendments to the Social Security Act and the Internal Revenue Code of 1986 Savings Account for Every American Act of 1998 - Title I: Personal Retirement Program - Requires each covered employer to: (1) have in effect throughout each calendar year a S.A.F.E. account payroll deduction program for eligible employees; (2) deduct from the wages of each eligible employee and pay the prescribed employee contribution (6.2 percent of wages) on the employee's behalf to the employee's designated S.A.F.E. account; and (3) after the employee has maintained a S.A.F.E. account for 15 calendar years, pay into it the prescribed employer contribution (6.2 percent of wages). Prohibits the employer from receiving compensation for administering the S.A.F.E. account program. Allows amounts otherwise payable to be accumulated by the employer in certain cases. (Sec. 103) Sets forth guidelines for the designation of S.A.F.E accounts. (Sec. 104) Provides rules for the participation of self-employed individuals in the program (including contributions of 12.4 percent of wages). (Sec. 105) Allows any individual who has been assigned a social security account number, and has been paid wages or has derived self-employment income, to elect to be eligible for the S.A.F.E. account program on or after January 1, 1999. Makes an election ineffective if the individual is entitled to an old age or a disability insurance benefit under title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act. (Sec. 106) Sets forth penalties for failure to establish S.A.F.E. account payroll deduction programs, failure to make required deductions, and other specified program violations. (Sec. 107) Directs the Office of Personnel Management to study and report to the President and the Congress on how to provide for the application of this Act to Federal civilian and military personnel. Title II: Tax-Exempt S.A.F.E. Accounts - Amends the Internal Revenue Code to allow an individual taxpayer a deduction from gross income of the aggregate amount paid in cash during the taxable year by or on behalf of such individual to a S.A.F.E. account. (Sec. 201) Includes any amount distributed out of a S.A.F.E. account in the gross income of the distributee, unless: (1) the account beneficiary has attained age 59-and-a-half; (2) the account beneficiary has died; or (3) the distribution has paid for any qualified long-term health insurance contract, disability insurance, or term life insurance. Makes exceptions for certain other distributions as well. Subjects to an additional tax of 20 percent any account distribution which must be included in gross income. Exempts a S.A.F.E. account from income taxation unless it has terminated according to certain rules. Subjects excess contributions to S.A.F.E. accounts to the same excise tax for excess contributions to individual retirement accounts. Subjects S.A.F.E. accounts also to the excise tax for prohibited transactions. Title III: Conforming Amendments to the Social Security Act and the Internal Revenue Code of 1986 - Makes conforming amendments to the Internal Revenue Code and the Social Security Act, especially with regard to: (1) reductions in and exemptions from FICA (Federal Insurance Contributions Act), OASDI, and self-employment income taxes; (2) exclusion of eligible individuals from Old Age, Survivors and Disability Insurance coverage; and (3) the contents of mandatory annual social security account statements.
Bill· HRH.R. 3620 (105th)referred
United States · United States Congress · 1 April 1998
TABLE OF CONTENTS: Title I: Reduction in Individual Income Taxes Title II: Base Broadening Title III: Corporate Subsidy Reform Commission Title IV: National Referendum Required for Federal Income Tax Rate Increases to Take Effect Title V: Return-Free Filing Gephardt 10 Percent Tax Act of 1998 - Title I: Reduction in Individual Income Taxes - Amends the Internal Revenue Code to: (1) reduce individual income tax rates; (2) reduce individual alternative minimum tax rates; (3) increase the standard deduction; (4) eliminate the marriage penalty; and (5) increase the personal exemption. Title II: Base Broadening - Includes in gross income specified items which are currently excluded from gross income, including: (1) interest on State and local bonds; (2) specified employer provided fringe benefits; and (3) foreign earned income. (Sec. 202) Repeals all itemized deductions except for deductions for mortgage interest, investment interest, and employment-related expenses. Repeals the dependent care credit and the elderly credit. Title III: Corporate Subsidy Reform Commission - Establishes an independent commission (Corporate Subsidy Reform Commission) to examine Federal subsidies and make recommendations for terminating inequitable Federal subsidies. Defines the term "inequitable Federal subsidy" and sets forth provisions providing for: (1) the consideration of such subsidies before the Congress; and (2) any subsidy reduction shortfall. Title IV: National Referendum Required for Federal Income Tax Rate Increases to Take Effect - Requires a national referendum to increase Federal income tax rates. Title V: Return-Free Filing - Requires the development of a plan to implement a return-free Federal income tax system for the largest number of taxpayers possible.
Bill· HRH.R. 3628 (105th)open
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code to allow a deduction (for both itemizers and nonitemizers) for health insurance premiums (including Medicare premiums) and for qualified long-term care insurance premiums.
Bill· HRH.R. 3688 (105th)referred
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code to allow a business tax credit for producing crude oil and natural gas from marginal wells of: (1) $3 per barrel of qualified crude oil production; and (2) $.50 per 1,000 cubic feet of qualified natural gas production. Provides: (1) a formula for reducing such credit in years in which oil and gas prices increase; and (2) an inflation adjustment for such formula. Allows such credit against the regular and minimum tax.
Bill· HRH.R. 3656 (105th)referred
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code with respect to certain reacquisitions of real property to allow an election of deduction in lieu of basis increase where indebtedness secured by property has original issue discount and is held by a cash method taxpayer.
Bill· HRH.R. 3648 (105th)referred
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code to repeal Subchapter B (Communications) of Chapter 33 (Facilities and Services) of Subtitle D (Miscellaneous Excise Taxes).
Bill· HRH.R. 3632 (105th)referred
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code with respect to limitations on benefits and contributions under qualified plans to apply to multiemployer plans the same treatment in the adjustment to the $90,000 limit on benefits, where the benefit begins before the Social Security retirement age, as is accorded to plans maintained by governments and tax-exempt organizations. Exempts multiemployer plans from the alternative benefit limit of 100 percent of the participant's average compensation for his or her high three years.
Bill· HRH.R. 3685 (105th)referred
United States · United States Congress · 1 April 1998
Prohibits the amount authorized to be appropriated for national defense functions for FY 1999 from exceeding the amount so authorized for FY 1998 ($268,301,837,000).
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