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Bill· HRH.R. 3626 (105th)open
United States · United States Congress · 1 April 1998
Agriculture Education Freedom Act - Amends the Internal Revenue Code to exclude from the gross income of an individual any gain from the sale of any animal raised and sold by such individual as part of his or her participation in the 4-H program under the Cooperative State Research, Education, and Extension Service of the Department of Agriculture, the Future Farmers of America, any tax-exempt similar organization, or any program of a tax-exempt educational organization.
Bill· HRH.R. 3623 (105th)open
United States · United States Congress · 1 April 1998
Capital Gains Tax Simplification Act of 1998 - Amends the Internal Revenue Code to provide that, if for any taxable year a non-corporate taxpayer has a net capital gain, 40 percent of such gain shall be a deduction from gross income regardless of whether or not the taxpayer itemizes other deductions. Repeals the tax preference for exclusion for gains on the sale of certain small business stock. Amends the Taxpayer Relief Act of 1997, with respect to maximum capital gains rates for individuals, to repeal the allowance of an election to recognize gain on assets held on January 1, 2001.
Bill· HRH.R. 3667 (105th)referred
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code to increase the deduction for meals and entertainment expenses of small businesses from 50 percent to the applicable percentage for individuals subject to Federal hours of service (which ranges from 55 per cent in 1998 and 1999 up to 80 percent in 2008 and thereafter).
Bill· HRH.R. 3663 (105th)referred
United States · United States Congress · 1 April 1998
Enhanced Savings Opportunities Act - Amends the Internal Revenue Code to permit maximum employee contributions to a defined contribution plan to be the lesser of either $30,000 or the participant's compensation, rather than the lesser of $30,000 or 25 percent of the participant's compensation. Makes conforming amendments regarding tax-exempt, educational, and State and local employee annuity plans.
Bill· HRH.R. 3659 (105th)referred
United States · United States Congress · 1 April 1998
Farm and Ranch Risk Management Act - Amends the Internal Revenue Code to allow individuals engaged in eligible farming businesses to deduct from gross income for any taxable year the amount (limited to 20 percent of the individual's taxable income for the year) paid into an interest-bearing Farm and Ranch Risk Management (FARRM) Account, created for the taxpayer's exclusive benefit. Requires withdrawal of contributions within five years, upon which they are taxable as ordinary income in the year of withdrawal. Deems a distribution, subject to income tax, of any deposits not actually distributed within five years, and prescribes an additional penalty tax of ten percent of any such deemed distribution.
Bill· HRH.R. 3641 (105th)referred
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code to provide for capital gain treatment on the transfer of a franchise in connection with the transfer of an existing business operation.
Bill· HRH.R. 3643 (105th)referred
United States · United States Congress · 1 April 1998
Amends the Internal Revenue Code to: (1) direct the Secretary of Housing and Urban Development to designate additional nominated U.S. insular areas which meet certain eligibility criteria as empowerment zones; and (2) set forth various special rules related to such empowerment zones. Limits to $1 million (for others, $3 million) the amount of tax-exempt enterprise zone facility bonds. Prescribes a table of applicable percentages relating to the empowerment zone employment credit with respect to each newly designated empowerment zone.
Bill· SS. 1889 (105th)open
United States · United States Congress · 31 March 1998
TABLE OF CONTENTS: Title I: Incentives to Reduce Youth Tobacco Use Subtitle A: National Tobacco Trust Fund Subtitle B: Payments to States Subtitle C: Annual Youth Tobacco Use Reductions Title II: Regulation of the Tobacco Industry Subtitle A: Food and Drug Administration Jurisdiction and General Authority Subtitle B: Regulation of Tobacco Products Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling Subtitle D: Penalties Title III: Public Health Initiatives Subtitle A: State-Federal Anti-Tobacco Partnership Subtitle B: Health Research Program Subtitle C: Miscellaneous Provisions Title IV: Liability Provisions and Consent Decrees Subtitle A: Liability Provisions Subtitle B: Consent Decrees Title V: Tobacco Farm Family and Community Assistance Trust Fund Title VI: Reducing Exposure to Environmental Tobacco Smoke Title VII: Miscellaneous Provisions Kids Deserve Freedom From Tobacco Act of 1998 - KIDS Act - Title I: Incentives to Reduce Youth Tobacco Use - Subtitle A: National Tobacco Trust Fund - (Sec. 101) Establishes the National Tobacco Trust Fund. Appropriates and transfers to the Fund amounts received under section 102, paid under section 103, and repaid or recovered under subtitle B. Authorizes appropriations to the Fund as repayable advances. Requires that Fund amounts be appropriated by the Appropriations committees of the Congress exclusively for this Act's purposes. Allows those Committees to transfer funds among this Act's programs, prohibiting certain transfers. Requires that amounts be made available, according to tables of percentages of Fund amounts, for specified programs and activities. Prohibits taking into account amounts appropriated under this paragraph and outlays from those appropriations for any budget enforcement under the Congressional Budget of 1974 and the Balanced Budget and Emergency Deficit Control Act of 1985. Amends title XIX (Medicaid) of the Social Security Act to declare that certain Medicaid overpayment provisions do not apply to amounts recovered or paid to a State as part of a settlement or judgment reached in State litigation against tobacco manufacturers. Requires the Office of Management and Budget to annually determine whether section 102 payments decreased excise tax collections under Internal Revenue Code chapter 52 (Tobacco Products and Cigarette Papers and Tubes). Mandates, if there is a shortfall, a transfer from the Fund to the Treasury. (Sec. 102) Mandates initial and annual payments to the Fund by each manufacturer based on market share. Waives payments for a manufacturer in any year if that manufacturer's tobacco product is used by less than one half of one percent of all children who used any tobacco product that year. Applies this section to manufacturers who begin manufacturing tobacco products after enactment of this Act and imposes a penalty for failure of such manufacturers to make a payment. Exempts a manufacturer that has resolved tobacco civil actions with more than 25 States before January 1, 1998, and offers to enter similar agreements with all other States. Requires manufacturers to increase prices to reflect the assessment. Declares that, if a manufacturer fails to make a required payment: (1) the liability provisions of subtitle A of title IV do not apply; (2) penalties must be imposed under section 103; and (3) the manufacturer's license (under section 222) must be revoked until the assessment is paid. Makes 25 percent of the payment, and penalties under subtitle B, not an ordinary and necessary business expense for purposes of the Internal Revenue Code and not tax deductible. Amends the Federal bankruptcy code regarding the priority of unsecured Federal claims for payments, assessments, or penalties to be paid into the Fund. (Sec. 103) Directs the Secretary of the Treasury to enforce section 102 regarding nonpayment. Regulates the penalty amount. Declares that no financial responsibility or liability of any person under this Act shall be extinguished, reduced, or modified as the result of any bankruptcy proceeding. Subtitle B: Payments to States - (Sec. 111) Authorizes appropriations to reimburse each State for State expenditures for the treatment of tobacco-related conditions. Sets forth the percentages to be received by each State. Allows a State to use 50 percent for any activities determined appropriate by the State. Requires a State to use at least 50 percent for additional activities or services under: (1) Social Security Act titles IV (part A) (Temporary Assistance for Needy Families) (TANF), V (Maternal and Child Health Services), XIX (Medicaid), XX (Block Grants to States for Social Services), and XXI (Children's Health Insurance); (2) Public Health Service Act provisions relating to the community health center program and preventive health service block grants; (3) State-administered programs under the authority of the Substance Abuse and Mental Health Services Administration; (4) federally funded child welfare and abuse programs; (5) federally funded child care programs; (6) programs for disabled children; (7) specified provisions of the Child Nutrition Act of 1966, the Individuals With Disabilities Education Act, the Community Services Block Grant Act, the Head Start Act, the Food Stamp Act of 1977, and the Low-Income Home Energy Assistance Act of 1981; (8) the even start family literacy program under specified provisions of the Elementary and Secondary Education Act of 1965; (9) federally funded programs assisting general public elementary and secondary education; and (10) other anti-tobacco or health activities. (Sec. 112) Mandates an annual grant to each State that achieves high performance in underage reduction. Requires that amounts under section 101 be made available for the grants. Subtitle C: Annual Youth Tobacco Use Reductions - Mandates an annual survey to determine the percentage of individuals under 18 who use tobacco and their usual brand. Declares that, notwithstanding any other provision of law, the survey may be conducted involving minors if the results regarding the minors are kept confidential and not disclosed. (Sec. 133) Requires annual determinations of whether the required percentage underage use reductions have been achieved. Sets forth a schedule of required percentage reductions. (Sec. 134) Mandates an industry-wide penalty if required reductions are not achieved, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Requires payment by each manufacturer based on market share for the type of tobacco product involved. Mandates a penalty on a manufacturer that does not achieve required percentage underage use reductions, increasing the penalty as the reduction achieved is further from the target and for consecutive year failures. Makes the penalties under this subtitle not ordinary and necessary business expenses for purposes of the Internal Revenue Code and not deductible. Specifies the portions of penalties to be used for smoking cessation, prevention, counter-advertising, and biomedical and applied research programs under certain provisions of this Act. (Sec. 135) Imposes a penalty on a manufacturer for failure to make any payment required under this subtitle. Title II: Regulation of the Tobacco Industry - Subtitle A: Food and Drug Administration Jurisdiction and General Authority - Deems specified regulations (relating to cigarettes and smokeless tobacco) to have been lawfully promulgated under the Food, Drug and Cosmetic Act (sic) and requires that they apply to all tobacco products. (Sec. 203) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to add nicotine in tobacco products to the definition of "drug" and nicotine-containing tobacco products to the definition of "device." Adds the manufacture, labeling, distribution, advertising, and sale of tobacco in violation of the FDCA or this Act to the FDCA list of prohibited acts. Authorizes the Secretary of Health and Human Services to regulate tobacco as a drug, device, or both. (Sec. 204) Prohibits the Secretary from prohibiting the sale of tobacco products to adults that comply with performance standards. (Sec. 205) Declares that, for tobacco products, safety and effectiveness need not be assured if the Secretary finds that device class II special controls achieve the best public health result, determined considering the risks and benefits to the population as a whole, including users and nonusers. Authorizes recall of tobacco products if the Secretary finds that the best public health result would be achieved. Subtitle B: Regulation of Tobacco Products - Authorizes the adoption of a tobacco performance standard. Mandates establishment of a Scientific Advisory Committee to evaluate whether a level or range of levels exists at which nicotine does not produce drug dependence. (Sec. 212) Mandates a determination of whether persons under 18 are obtaining tobacco by mail. Authorizes regulatory and administrative action to restrict or eliminate mail tobacco sales. Mandates: (1) specified cigarette and smokeless tobacco package and advertising warning labels; and (2) regulations establishing warning labels for other tobacco products. Declares that this section does not relieve any person from liability at common law or under State statutory law. Deems misbranded any tobacco product in violation of this paragraph. Requires tobacco manufacturers to annually: (1) disclose to the Secretary tobacco product ingredients for each tobacco brand; and (2) submit a safety assessment for each new ingredient a manufacturer wants to include in a tobacco product. Requires tobacco packages to disclose all ingredients. Allows the Secretary to require public disclosure of any ingredient relating to a trade secret if the Secretary determines that disclosure will promote public health. Prohibits label or advertising statements implying a reduced health risk unless the manufacturer so demonstrates prior to making the statement. Requires any manufacturer that develops or acquires reduced risk technology to notify the Secretary. Requires each tobacco manufacturer to disclose to the Secretary all nonpublic information and research relating to addiction, dependency, or the health or safety of tobacco products. Requires that the Secretary have the same access to tobacco manufacturer records and information and inspection authority as is available regarding manufacturers of other medical devices. Mandates tobacco good manufacturing practice standards. (Sec. 213) Authorizes appropriations to carry out this subtitle. (Sec. 214) Repeals: (1) the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986 (except for specified sections of each); and (2) the Comprehensive Smoking Education Act of 1964. Subtitle C: Manufacturer and Product Seller Licensing and Anti-Smuggling - Establishes a minimum Federal licensing and registration program providing for a comprehensive system to support State efforts to collect State tobacco excise taxes and to prevent tobacco contraband activities. Requires use of amounts from section 101 to carry out this paragraph. (Sec. 223) Prohibits engaging in the business as a manufacturer, importer, exporter, or wholesaler of tobacco products without a license. Mandates a license fee and requires a separate license and fee for each place of business. Prohibits engaging in the business as a tobacco retailer without having registered with and paid a fee to the Secretary. Requires a separate registration and fee for each place of business. (Sec. 224) Makes it unlawful for any: (1) person except a licensed manufacturer, exporter, importer, or wholesaler or registered retailer to engage intentionally in the business of tobacco manufacturing, exporting, importing, wholesaling, or retailing; (2) licensed importer, manufacturer, or wholesaler intentionally to ship or receive tobacco products from or to any nonlicensed or nonregistered person; (3) registered retailer to intentionally receive tobacco products from a nonlicensed manufacturer, importer, or wholesaler or to sell or offer for sale more than 50 packages in a single transaction; (4) licensed exporter intentionally to ship, sell, or deliver for sale tobacco products to any nonlicensed manufacturer, nonlicensed importer, nonlicensed wholesaler, or foreign purchaser, receive tobacco products from any nonlicensed manufacturer, importer, or wholesaler, or ship, sell, or transfer tobacco products intended for export unless the package is marked for export only; or (5) person intentionally to ship, receive, possess, sell, distribute, or purchase contraband tobacco products in or affecting interstate commerce. (Sec. 225) Provides for criminal or civil penalties for violations of section 224. Mandates seizure and forfeiture of any conveyance, tobacco products, or monetary instrument involved in, or proceeds traceable to, a violation of this subtitle. (Sec. 226) Authorizes appropriations of amounts provided under section 101 to enable the Department of the Treasury to carry out certain activities under this subtitle. Mandates, in establishing a controlled commodity tracking system for tobacco, evaluation of an innovative anti-diversion system that can be implemented at the manufacturing level to track products to the point of retail sale. (Sec. 227) Authorizes the Secretary, in the Secretary's sole discretion, to set the licensing and registration fees in amounts as necessary to recover the administrative costs of this subtitle, including preventing contraband trafficking. (Sec. 232) Amends Federal criminal code provisions relating to trafficking in contraband cigarettes to decrease the number of cigarettes necessary to qualify as, and otherwise modify the definition of, "contraband cigarettes." Modifies recordkeeping and inspection requirements. Subtitle D: Penalties - Amends the FDCA to mandate civil monetary penalties on manufacturers for violations of the FDCA or this Act. Provides for the revocation or suspension of a license or registration of a manufacturer, exporter, importer, wholesaler, or retailer who violates any provision of this Act. Title III: Public Health Initiatives - Subtitle A: State-Federal Anti-Tobacco Partnership - Chapter 1: School- and Community-Based Programs - Establishes a program to award cooperative agreements to States for school-based programs concerning tobacco use dangers and community-based prevention programs, with the allocation of funds being made partly on the basis of population and partly on need. Authorizes appropriations of amounts provided under section 101 to carry out this section. (Sec. 302) Establishes the National Event Sponsorship Program of grants for the sponsorship of athletic, musical, artistic, or other social or cultural activity or team that was sponsored by a tobacco manufacturer or distributor before enactment of this Act. Authorizes appropriations of amounts provided under section 101 to carry out this section. Terminates the Program ten years after enactment of this Act. Chapter 2: Counter-Advertising Programs - Mandates programs to reduce tobacco usage through media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Establishes the Anti-Tobacco Public Education Board to make contracts and grants for the development and dissemination of public information to reduce tobacco use. Authorizes appropriations of amounts provided under section 101 to carry out this section. Chapter 3: National Cessation Program - Establishes the National Tobacco Cessation Program of grants, contracts, and cooperative agreements to expand the availability and use of tobacco use cessation products and services. Requires that: (1) at least $30 million of the amount available each year to carry out this section be made available to the Agency for Health Care Policy and Research to support and conduct periodic analyses of interventions for smoking cessation and strategies for disseminating and implementing those services; and (2) the Centers for Disease Control and Prevention (CDCP) conduct research on tobacco use cessation. Requires that amounts made available under section 101 be used to carry out this section. (Sec. 322) Mandates development of data sets for uniformly defining levels of youth and adult tobacco use. Declares that specified provisions of the Omnibus Budget Reconciliation Act of 1981 shall not apply regarding audits of funds allotted under this chapter. Subtitle B: Health Research Program - Chapter 1: National Fund for Health Research - Establishes in the National Tobacco Trust Fund the National Fund for Health Research (Research Fund). Authorizes appropriations of amounts provided under section 101 to carry out this section. Requires that appropriations be made under this section to each member Institute or Center of the National Institutes of Health in proportion to the amount otherwise annually appropriated for each Institute or Center. Chapter 2: Tobacco Prevention Research - Establishes the National Tobacco Research Task Force to foster coordination among groups that conduct or support tobacco-related research. (Sec. 336) Requires that the CDCP carry out tobacco-related research and surveillance and epidemiologic studies. Authorizes appropriations of amounts provided under section 101 to carry out this section. Subtitle C: Miscellaneous Provisions - Authorizes the use of up to specified percentages of amounts made available under this title's programs for administration. (Sec 342) Mandates withholding of funds from any State that does not use amounts provided under this title in accordance with requirements. (Sec. 343) Considers, for discrimination provisions of specified statutes relating to age, handicap, sex, race, color, or national origin, activities funded with funds made available under this title to be activities receiving Federal financial assistance. Prohibits discrimination on the basis of sex or religion in any activity funded by this title's funds. Authorizes a civil enforcement action by the Attorney General. (Sec. 344) Mandates assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries and in promoting use cessation. Authorizes providing funding and technical assistance. Authorizes appropriations of amounts provided under section 101 to carry out this section. Establishes the American Center on Global Health and Tobacco (ACT) in the District of Columbia as a private, nonprofit corporation. Mandates that an International Advisory Council provide advisory assistance to ACT. Title IV: Liability Provisions and Consent Decrees - Requires, in order for a State to be eligible to receive funds under section 111, that the State's attorney general: (1) resolve any civil action seeking recovery for expenditures for the treatment of tobacco-related conditions that was commenced by the State against a tobacco manufacturer, distributor, or retailer and is pending on enactment of this Act; and (2) agree not to commence a civil action against such a party for conduct before enactment of this Act seeking such recovery. Mandates establishment of procedures under which a State may elect not to resolve such an action or make such an agreement. Makes such a State ineligible to receive payments under section 111. Preempts, terminates, and settles any pending civil action for claims based on addiction or dependence filed by the Castano Plaintiffs Legal Committee. Subtitle A: Liability Provisions - (Sec. 401) Establishes in the National Tobacco Trust Fund the National Victims' Compensation Fund, to be used by the Attorney General solely for tobacco-related liability judgments and settlements based on manufacturer conduct. Mandates annual deposit into the Victims' Fund of amounts made available under section 101. Requires that the Victims' Fund establish a Contingency Reserve Account, mandating deposit into the Account of any amounts in the Victims' Fund unobligated at the end of each year. Requires, if payments from the Victims' Fund exceed the amount in the Victims' Fund in any year, that the excess amount (to a maximum of $4 billion in any year) be paid by manufacturers. Declares that amounts paid by a manufacturer to settle a civil action commenced by a State before enactment of this Act shall not apply in determining manufacturer liability under this paragraph. Requires, if payments exceed the amount in the Victims' Fund and the maximum manufacturer payment, that the excess be paid out of the Account. Requires any amounts unpaid after Account exhaustion to be paid in the subsequent year. Applies this section to a manufacturer that begins manufacturing after enactment of this Act. Requires, if such a manufacturer fails to make a payment required under this section, that the manufacturer pay to the Attorney General 150 percent of the amount the manufacturer would have paid under this section. Makes the manufacturer limit inapplicable to a manufacturer that has failed to comply with this Act. Requires, if the manufacturer limit is not reached in the year of failure to comply, that the previous sentence apply to the first year after the noncompliance year in which the limit is reached. (Sec. 403) Establishes an Arbitration Panel to award attorneys' fees and expenses relating to litigation involving a claim, brought by a Federal, State, or local governmental entity, affected by, or legal services that resulted in, this Act. Allows any attorney or group of attorneys involved in litigation affected by this Act the right to petition the Panel for fees and expenses. Makes the Panel's findings final, binding, and nonappealable. (Sec. 404) Mandates that a tobacco manufacturer comply with this section in order to eligible for a license. Requires manufacturers to establish the National Tobacco Document Depository. Requires each manufacturer to submit to the Depository every document (including those subject to a claim of attorney-client privilege, attorney work product, or trade secret protection) meeting specified criteria. Provides for the handling of materials subject to claims of attorney- client privilege, attorney work product, or trade secret protection. Mandates public availability of documents not subject to such claims. Establishes the Tobacco Documents Review Board to maintain the Depository and to resolve disputed claims of attorney-client privilege, attorney work product, or trade secret protection. Mandates a Board assessment against a manufacturer for full costs, and authorizes Board imposition of civil monetary penalties, if the Board finds assertion of such a claim to not have been in good faith. Authorizes a civil monetary penalty for failure to produce indexes and documents as required. Subtitle B: Consent Decrees - Requires a State, in order to be eligible to receive section 111 payments, and a manufacturer, in order to receive section 401 protection, to enter into consent decrees under this section. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the consent decrees include: (1) an agreement not to pursue legal challenges to any aspect of this Act; (2) an agreement to pass through the costs of section 102 assessments to consumers through price increases; (3) restrictions on tobacco advertising and marketing aimed at preventing youth tobacco use and access; (4) restrictions on tobacco industry trade associations; (5) tobacco smoke constituent disclosure; (6) disclosure of nontobacco constituents in tobacco products; (7) disclosure of existing and future documents regarding health, toxicity, and addiction related to tobacco use; (8) manufacturer obligations to make payments for the benefit of States, private litigants, and the general public; (9) manufacturer obligations to interact only with exporters, importers, wholesalers, distributors, and retailers operating in compliance with Federal, State, or local tobacco marketing and sale laws; and (10) warning, labeling, and packaging requirements. Prohibits the agreements from including provisions relating to: (1) tobacco product design performance or modification; (2) manufacturing standards and good manufacturing practices; and (3) testing and regulation regarding toxicity and ingredients approval. Makes consent decree terms and conditions enforceable by the signatories and the Attorney General. Requires, prior to decree entry, that a decree have approval by the Secretary and the Attorney General, be fair and reasonable, and be in the public interest. Declares that, if any decree provisions are held unconstitutional or otherwise held not to apply to a manufacturer, section 401 liability protection ceases to apply to that manufacturer. Title V: Tobacco Farm Family and Community Assistance Trust Fund - Establishes in the National Tobacco Trust Fund the Trust Fund for Tobacco Farming Families and Communities, authorizing appropriations to it as provided in sections 101 and 102 and as repayable advances. Makes Farming Fund amounts available to assist tobacco-dependent farm families, workers, and communities, but only if a law is enacted before a specified date specifically prescribing authorized uses. Terminates this section's authority on that date unless such a law is enacted by that date. Title VI: Reducing Exposure to Environmental Tobacco Smoke - Requires that a specified amount be made available from section 101 amounts to enable States to: (1) conduct education and outreach regarding the health-related effects of environmental tobacco smoke; and (2)establish programs to reduce involuntary exposure to environmental tobacco smoke. Requires that a specified Executive Order (relating to protecting Federal employees and the public from exposure to tobacco smoke in the Federal workplace) apply to any public facility at which a covered employee (as defined in the Congressional Accountability Act of 1995) performs work. Title VII: Miscellaneous Provisions - Prohibits retaliation against an employee of a tobacco manufacturer, distributor, or retailer for disclosing to certain Federal, State, or local regulatory or enforcement authorities a substantial violation of law related to this Act or a State or local law furthering the purposes of this Act. (Sec. 702) Prohibits use of any funds by any Federal officer, employee, department, or agency to: (1) challenge tobacco-related laws or regulations meeting specified requirements in any country; (2) promote tobacco or tobacco product sale or exportation; or (3) support any events sponsored by individuals or entities involved in tobacco or tobacco product export, manufacture, promotion, distribution, or sale. Requires U.S. Diplomatic Posts to: (1) assist and promote tobacco control efforts in foreign countries; and (2) refer foreign tobacco-related laws or regulations meeting specified requirements to U.S. trade agencies if such laws or regulations may not comply with such requirements. (Sec. 703) Applies this Act's provisions to tobacco product manufacture, distribution, and sale within Indian tribe or tribal organization jurisdiction. Declares that nothing in this Act shall be construed to infringe on tribal or tribal member rights to transfer, acquire, possess, or use tobacco or tobacco products for religious, traditional, and ceremonial uses, but limits the quantities to those necessary to fulfill such purposes. Makes any tribe or tribal organization manufacturing tobacco products liable for a section 102 assessment. Authorizes assistance to a tribe or tribal organization in meeting and enforcing the requirements under related regulations. Applies FDCA requirements added by section 221 of this Act (relating to minors' tobacco access) to retailers in tribal or tribal organization jurisdiction. Requires, in order to be eligible for public health payments (below), that a tribe or tribal organization implement a tribal licensing program within tribal jurisdiction. Directs the Secretary to so implement if the tribe or tribal organization is not qualified to do so. Mandates annual grants to each tribe having an approved tribal anti-smoking plan, reducing section 111 amounts payable to a State in which the service areas of the tribe are located by the same amount. Provides for the amount determination, basing it on the reservation population as compared to the State population. Requires grants to be used to reimburse the tribe for smoking-related health expenditures and to further the purposes of this Act. Prohibits a participating manufacturer from engaging in any activity in tribal or tribal organization jurisdiction that is prohibited under this Act. Requires that amounts made available under section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Prohibits a State from imposing obligations or requirements regarding this Act's application to tribes and tribal organizations. (Sec. 704) Allows State and local governments, to the extent not inconsistent with this Act's purposes, to impose additional tobacco control measures (except labeling requirements) to further restrict or limit tobacco use by minors.
Bill· SS. 1888 (105th)referred
United States · United States Congress · 31 March 1998
Internet Fairness and Interstate Responsibility Act or Net FAIR Act - Prohibits a State or political subdivision thereof from imposing, assessing, or attempting to collect any tax on the Internet or Internet-related services or on their use. Preserves State and local taxing authority with respect to income, license, and sales or use taxes. Terminates such prohibition on December 31, 2001. Establishes the Commission on Internet Taxation and Regulation to: (1) study the taxation and regulation of the Internet and Internet-related services under State and local law and identify any inconsistencies; (2) recommend appropriate modification to current Federal and State statutes concerning such services; (3) propose model legislation relating to commercial transactions on the Internet in order to facilitate their uniform treatment under Federal and State law; and (4) report to the Congress and the President.
Bill· SS. 1885 (105th)referred
United States · United States Congress · 31 March 1998
Amends the Internal Revenue Code to establish a limited credit for qualified medical innovation expenses for clinical testing research expenses attributable to academic medical centers and other qualified hospital research organizations.
Bill· HRH.R. 3603 (105th)open
United States · United States Congress · 31 March 1998
Authorizes the Secretary of Veterans Affairs to carry out major medical facility projects in specified amounts at Department of Veterans Affairs medical centers or outpatient clinics at the following locations: (1) Long Beach, California; (2) San Juan, Puerto Rico; (3) Washington, D.C.; (4) Palo Alto, California; (5) Cleveland, Ohio; (6) Tucson, Arizona; (7) Dallas, Texas; and (8) Auburn and Merced, California. Authorizes the Secretary to construct a parking structure at the Department Medical Center in Denver, Colorado. Authorizes the Secretary to enter into leases for satellite outpatient clinics in Baton Rouge, Louisiana, Daytona Beach, Florida, and Oakland Park, Florida. Authorizes appropriations to the Secretary for FY 1999 for the Construction, Major Projects, account, and for the Medical Care account, with limitations. Increases from $3 million to $4 million the threshold for a Department parking facility project to be considered a major medical facility project.
Bill· HRH.R. 3613 (105th)referred
United States · United States Congress · 31 March 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: (1) is 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) is eligible to enroll in the TRICARE Program but is not so enrolled because of location, total enrollment limitations, or any other reason; or (3) is 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.
Bill· HRH.R. 3606 (105th)referred
United States · United States Congress · 31 March 1998
Drug Testing, Intervention, and Trafficking Reduction Within Prisons Act of 1998 - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible to receive a grant under the Violent Offender Incarceration and Truth-In-Sentencing Grants Program: (1) to provide assurances to the Attorney General that the State has implemented, or will implement within 18 months, policies that provide for the recognition of the rights of crime victims; and (2) by September 1, 1998, to have a program of drug testing and intervention for appropriate categories of convicted offenders during periods of incarceration and criminal justice supervision, with sanctions including denial or revocation of release for a positive drug test, consistent with guidelines issued by the Attorney General. Allows Program funds to be: (1) applied to the cost of offender drug testing and appropriate intervention programs during periods of incarceration and criminal justice supervision; and (2) used by the States to pay the costs of providing to the Attorney General a baseline study on their prison drug abuse problem. Requires, beginning in FY 2000: (1) that States receiving Program funds have a system of sanctions and penalties that address drug trafficking within and into correctional facilities under their jurisdiction; and (2) a ten percent reduction in Program funds to a State for each fiscal year for which the Attorney General determines that such State is not in compliance with such requirement. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize States that demonstrate that they have existing in-prison drug treatment programs that are in compliance with Federal requirements to use funds awarded under provisions regarding residential substance abuse treatment for State prisoners for treatment and sanctions both during incarceration and after release.
Resolution· HRESH.Res. 402 (105th)passed
United States · United States Congress · 31 March 1998
Sets forth the rule (modified closed) for the consideration of H.R. 3579 (emergency supplemental appropriations).
Bill· SS. 1882 (105th)open
United States · United States Congress · 30 March 1998
TABLE OF CONTENTS: Title I: General Provisions Title II: Improving Teacher Quality Title III: Institutional Aid Title IV: Student Assistance Title V: Graduate and Post-Secondary Improvement Programs Title VI: International Education Programs Title VII: Related Programs and Amendments to Other Acts Higher Education Amendments of 1998 - Title I: General Provisions - Amends the Higher Education Act of 1965 (HEA) to repeal the current title I (Partnerships for Educational Excellence). (Sec. 102) Repeals a disclaimer that nothing in Federal law shall be construed to authorize any Federal agency, officer, or employee to exercise direction, supervision, or control over membership practices or internal operations of fraternal organizations, fraternities, sororities, private clubs, or religious organizations at higher education institutions that are financed exclusively by private funds and have facilities not owned by the institutions. (Sec. 103) Directs the Secretary of Education to: (1) publish the expiration dates of terms of members of the National Advisory Committee on Institutional Quality and Integrity; and (2) solicit nominations for vacancies on such Committee. (Sec. 104) Sets forth provisions relating to prior rights and responsibilities including authorization of appropriations) and to recovery of payments under HEA title VII (Construction, Reconstruction, and Renovation of Academic Facilities) (as in effect before title VII is repealed by this Act). Title II: Improving Teacher Quality - Revises, and transfers to title II, various teacher education provisions (currently in title V). Repeals various unfunded programs, replacing them with a comprehensive program to: (1) improve student achievement; (2) improve preparation of prospective teachers and professional development for teachers; and (3) make higher education institutions accountable for preparing teachers. (Sec. 201) Makes States eligible to compete for Teacher Quality Enhancement Grants to institute State-level reforms to ensure that current and future teachers possess necessary teaching skills and academic content knowledge in the subject areas in which they are assigned to teach. Provides for one-time Teacher Training Partnership Grants to local partnerships that: (1) shall include a school of arts and sciences, a school or program of education, a local educational agency (LEA), and a kindergarten-through-grade-12 school; and (2) may include State education agencies (SEAs), pre-kindergarten programs, non-profit groups, businesses, or teacher organizations. Sets forth accountability requirements for Enhancement and Partnership grants. Directs the Secretary of Education, through the National Center for Education Statistics, to study and report to the Congress on the ways teachers are trained and the extent to which teachers in the United States and other comparable countries () including all participants in the Third International Mathematics and Science Study (TIMSS)) are teaching in areas other than the teachers' field of study or expertise (out-of-field teaching). Authorizes appropriations. Directs the Secretary to award competitive grants to eligible partnerships of higher education institutions and LEAs serving underserved areas to award scholarships, and provide support and followup services, to students in a teacher preparation program, who shall within seven years of completing such program teach full-time for at least five years in a high-poverty school in an underserved geographic area, or repay the amount of the scholarship. Authorizes appropriations. Title III: Institutional Aid - Revises HEA title III to give special consideration to applications for Strengthening Institutions grants which propose to acquire high technology equipment for use in strengthening funds management and academic programs. Allows institutions to use up to 20 percent of such grants to establish or increase an endowment fund. Requires a two-year wait-out-period between the receipt of consecutive five-year grants. Revises the definition of Hispanic-serving institution and allows such institutions to use up to 20 percent of part A grants to establish or expand an endowment fund. Encourages such institutions to collaborate with community-based organizations on certain projects. (Sec. 304) Allows Historically Black Colleges and Universities (HBCUs) to use up to 20 percent of part B grants to establish or expand an endowment fund. Revises requirements for eligible professional or graduate institutions to: (1) require matching funds from non-Federal sources only for grants in excess of a specified amount; and (2) allow spending for any qualified graduate program. (Sec. 305) Revises requirements for endowment challenge funds for institutions eligible for assistance under part A or part B. (Sec. 306) Revises, and transfers to title III part D, requirements for HBCU Capital Financing (currently under title VII part B). Includes administrative facilities, student centers, and student unions as capital projects. Authorizes the Secretary to sell guaranteed qualified bonds to any party offering the best terms. (Sec. 307) Revises, and transfers to title III part E, requirements for the Minority Science Improvement Program (currently Minority Science and Engineering Improvement Programs under title X part B). Includes the behavioral sciences under such program. (Sec. 308) Extends the authorization of appropriations for title III programs. Title IV: Student Assistance - Part A: Grants to Students in Attendance at Institutions of Higher Education - Revises HEA title IV part A to repeal authority for: (1) Presidential Access Scholarships; (2) model program community partnership and counseling grants; (3) public information; (4) a National Student Savings Demonstration Program; (5) pre-eligibility forms; and (6) technical assistance for teachers and counselors. Repeals authority for special child care services for disadvantaged college students (but establishes a program of campus-based child care for low-income parents in postsecondary education). Repeals authority for the State postsecondary review program. (Sec. 412) Revises the Federal Pell Grant program to extend program authority and increase the Federal Pell Grant maximum awards. Changes the name of the program from Basic Education Opportunities Grants to the Federal Pell Grant program. Replaces the current mandatory 85 percent advance payments to institutions with an alternative system (to be determined by the Secretary) that provides accurate and timely Pell grant program payments to institutions. Revises Pell grant requirements pertaining to maximum and minimum grants. Limits the period of a student's eligibility to receive a Pell grant to 150 percent of the period normally required to complete a course of study (full-time or part-time, as appropriate), with exceptions for students with disabilities. Revises requirements relating to Pell grants for separate courses in English language proficiency. (Sec. 413) Revises requirements Federal Early Outreach and Student Services Programs (which include Federal Trio Programs and National Early Intervention Scholarship and Partnership Program, as well as programs added by this Act). Increases the minimum grant level for Federal TRIO programs. Revises procedures for awarding TRIO grants and contracts. Permits TRIO directors to administer more than one program for disadvantaged students. Extends the authorization of appropriations for TRIO programs. Includes in the Talent Search Program activities designed to acquaint youth with careers in which individuals from disadvantaged backgrounds are particularly underrepresented. Revises authorized activities in Upward Bound to include work-study positions where participating youth are exposed to careers requiring a postsecondary degree. Allows those in such work-study positions to receive a $300 monthly stipend during June, July, and August. Requires the Secretary, in awarding Student Support Services grants to institutions, to consider the institution's efforts and past history in maintaining each student's loan burden at a manageable level when fulfilling the requirement of offering financial assistance to meet full financial need. Authorizes the Secretary to make grants to TRIO project entities to work in partnership with non-TRIO entities to disseminate and replicate best practices of, and provide technical assistance for, TRIO projects. (Sec. 414) Extends the authorization of appropriations for the National Early Intervention Scholarship and Partnership program. (Sec. 415) Extends the authorization of appropriations for the Federal supplemental educational opportunity grants (SEOG) program. Eliminates a specific percentage requirement relating to use of SEOG funds for less-than-full-time or independent students. Revises the formula for distributing SEOG campus-based funds in excess of the base guarantee amounts by eliminating a pro rata requirement and allowing all such distribution to be based on fair share. Provides for carry-over and carry-back authority and reallocation with respect to an institution's SEOG funds. (Sec. 416) Extends the authorization of appropriations for the Grants to States for State Student Incentives (SSIG) program. Establishes a Special Leveraging Educational Assistance Partnership Program (LEAP) for grants to States for a one-third Federal share of the cost of assisting eligible needy students by: (1) increasing the dollar amount of SSIG aid; (2) carrying out transition programs from secondary to postsecondary education; (3) making funds available for community service work-study activities; (4) creating a postsecondary scholarship program for those who wish to enter teaching; (5) creating a scholarship program for those who wish to enter a program of study leading to a degree in mathematics, computer science, or engineering; (6) carrying out early intervention, mentoring, and career education programs; and (7) awarding merit or academic scholarships. Sets forth requirements relating to Federal-State relationships and State agreements under the SSIG program. (Sec. 417) Extends the authorization of appropriations for the high school equivalency program (HEP) and the college assistance migrant program (CAMP) for students whose families are engaged in migrant and seasonal farmwork. (Sec. 418) Extends the authorization of appropriations for the Robert C. Byrd Honors Scholarship Program. (Sec. 419) Establishes a campus-based child care program under a new subpart 7 (Child Care Access Means Parents in School (CAMPUS)). Authorizes the Secretary to award grants to institutions of higher education to assist them in providing campus-base child care services to low-income students. Authorizes appropriations. Part B: Federal Family Education Loan Program - Revises HEA title IV part B (Federal Family Education Loan Program) with respect to advances to reserve funds. (Sec. 422) Requires each guaranty agency to establish and deposit specified funds for certain uses into a Federal Student Loan Reserve Fund, with such funds to be invested in obligations issued or guaranteed by the United States or a State, or in other similarly low-risk securities selected by the guaranty agency. (Sec. 423) Requires each guaranty agency to establish and deposit specified funds for certain uses into an Agency Operating Fund, with such funds (except those transferred from the Reserve Fund) to be invested at the guaranty agency's discretion. (Sec. 424) Revises requirements regarding: (1) applicable interest rates for student loans; and (2) special allowances. (Sec. 425) Revises requirements for Federal payments to reduce student interest costs with respect to: (1) Federal interest subsidies; (2) insurance program agreements, including options for repayment plans; (3) guaranty agreements for reimbursing losses; (4) payments for the costs of certain activities; (5) lenders-of-last-resort; and (6) default aversion assistance. Repeals provisions for: (1) payment to guaranty agencies for lender referral services; and (2) a State share of default costs. (Sec. 426) Authorizes the Secretary to enter into voluntary flexible agreements with guaranty agencies. (Sec. 427) Revises provisions for Federal PLUS loans to parents to: (1) authorize the Secretary to specify additional eligibility criteria; and (2) make PLUS loan applicants subject to verification of immigration status and social security number. (Sec. 428) Revises requirements for Federal consolidation loans to exclude from eligibility for consolidating defaulted loans any borrowers from whom involuntary payments are secured through litigation or administrative wage garnishment. (Sec. 429) Revises conditions for multiple disbursements of student loans. Exempts institutions with low cohort default rates from certain disbursement and endorsement requirements. (Sec. 431) Revises requirements relating to eligible borrowers of unsubsidized Stafford loans. (Sec. 432) Repeals the demonstration program for loan forgiveness for nurses and individuals performing national community service (while retaining the program of loan forgiveness for teachers). (Sec. 433) Directs the Secretary to prescribe common application forms and promissory notes, or multiyear promissory notes, for student financial assistance. Allows guaranty agencies, borrowers, and lenders to use electronically printed versions of the common forms approved by the Secretary. (Sec. 434) Revises requirements for lender disclosure of student loan information to borrowers to permit disclosure by electronic means. (Sec. 435) Requires any institution appealing loss of eligibility to pay the Secretary, during the pendency of the appeal, the equivalent of interest, special allowance, reinsurance, and any related payments the Secretary makes (or is obligated to make) with respect to loans to attending students. Requires any institution exceeding the cohort default rate threshold percentage for two consecutive years to submit to the Secretary a satisfactory default management plan. Formulates a participation rate index. Exempts from loss of eligibility any institution whose participation rate index is equal to or less than 0.0375 for any of the three applicable indices. (Sec. 436) Prescribes requirements for delegation of functions by an eligible lender or guaranty agency. Repeals the authority of the government of the District of Columbia to establish a student loan insurance program. (Sec. 437) Revises requirements relating to the Secretary's collection of origination fees through deduction from interest and special allowance subsidies. (Sec. 438) Directs the Secretary of the Treasury to study, and report to specified congressional committees on, market-based mechanisms for determining student loan interest rates. Part C: Federal Work-Study Programs - Extends the authorization of appropriations for HEA title IV part C Federal Work-Study Programs. (Sec. 442) Revises work-study program grant requirements with respect to use of funds for independent and less-than-full time students. Sets the Federal share of work-study compensation for students employed in community service at not more than 90 percent. (Sec. 443) Revises requirements, and extends the authorization of appropriations, for work colleges. Part D: William D. Ford Federal Direct Loan Program - Amends HEA title IV part D (William D. Ford Federal Direct Loan Program) to revise criteria for selection of institutions for Federal direct loan program participation and origination. (Sec. 452) Revises the formula for applicable interest rates for Federal direct student loans. (Sec. 453) Revises direct loan program requirements for contracts for origination, servicing, and data systems. (Sec. 454) Sets forth requirements regarding funds for administrative expenses. Revises the calculation basis for account maintenance fees payable to guaranty agencies. (Sec. 455) Sets forth requirements for cancellation of Stafford-Ford loans for teachers. Part E: Federal Perkins Loans - Amends HEA title IV part E (Federal Perkins Loans) to extend the authorization of appropriations for the Perkins Loan program. (Sec. 462) Revises requirements for: (1) allocation of funds; and (2) institutional default rate calculation and penalties. (Sec. 463) Revises requirements for agreements with institutions of higher education. Requires institutions to report at least annually to credit bureaus any changes to information previously disclosed. (Sec. 464) Revises terms and conditions of loans. Eliminates loans to students in institutions that do not have agreements with the Secretary. Provides for loans of up to $8,000 for each of the third and fourth years of undergraduate study, and up to $10,000 for the first year of graduate study, for juniors who state in writing that they will study to become full-time elementary or secondary school teachers in schools meeting certain criteria. Sets forth conditions for discharge and rehabilitation of loans. Authorizes participating institutions of higher education to establish incentive repayment programs, with the Secretary's approval. (Sec. 465) Revises requirements for distribution of assets from student loan funds to extend the program. (Sec. 466) Repeals authority for a Perkins Loan Revolving Fund, and requires transfer of its funds to the Treasury. Part F: Need Analysis - Revises HEA title IV part F (Need Analysis) cost of attendance requirements to eliminate specified dollar ceilings on the cost of room and board. Increases income protection allowances for student and family contributions, requiring the Secretary to revise these allowances for each academic year. Replaces current requirements for student financial aid administrator adjustments to loan certifications for special circumstances with general authorization to refuse or adjust loan certifications, with written documentation. Part G: General Provisions - Revises or establishes HEA title IV part G General Provisions relating to: (1) compliance with a master calendar; (2) delay of effective date for late publications; (3) a common financial aid form; (4) use of applications via electronic forms; (5) payments for data; (6) a multiyear promissory note; (7) student eligibility (to include those who have met State requirements with respect to high school education in a home school setting); (8) verification of income data with the Internal Revenue Service; (10) institutional refunds; (11) institutional and financial assistance information for students; (12) electronic media for information dissemination and for exit counseling for borrowers; (13) disclosures required with respect to athletically related student aid; (14) disclosure of campus security policy and campus crime statistics; (15) the national student loan data system; (16) training in financial aid services; (17) specified information on the costs of higher education; (18) program participation agreements; (19) regulatory relief and improvement; (20) distance education demonstration programs; (21) the Advisory Committee on Student Financial Assistance; and (22) regional meetings and negotiated rulemaking. Part H: Program Integrity Triad - Revises HEA title IV part H (Program Integrity Triad) to replace authority for the State Postsecondary Review Program with requirements relating to State responsibilities and institutional responsibility. (Sec. 492) Revises, or establishes, program integrity requirements relating to: (1) standards for accrediting agency recognition; (2) operating procedures; (3) a single application form; (4) financial responsibility standards; (5) financial guarantees from owners; (6) applications and site visits; (7) eligibility time limitations and renewal; (8) provisional certification; (9) treatment of branches; (10) program review and data; and (11) special administrative rules. Part I: Administrative Provisions for Delivery of Student Financial Assistance - Establishes a performance-based organization (PBO) in the Department of Education to administer various functions relating to student financial assistance programs. (Sec. 495) Vests management of the PBO in a Chief Operating Officer (COO) appointed by the Secretary. Directs the Secretary and the COO to develop an annual performance agreement for the PBO establishing measurable goals and objectives for the organization. Authorizes appropriations. Title V: Graduate and Postsecondary Education Improvement - Sets forth a new HEA title V (Graduate and Postsecondary Education Improvement) programs to replace the current HEA title V (Educator Recruitment, Retention, and Development), hereby repealed. (Sec. 501) Transfers to title V (from current titles IX, X, and XI): (1) the Jacob K. Javits Fellowship Program; (2) Graduate Assistance in Areas of National Need; (3) Urban Community Service; and (4) the Fund for the Improvement of Postsecondary Education. Part A: Jacob K. Javits Fellowship Program - Extends the authorization of appropriations for the Jacob K. Javits Fellowship program. (Sec. 511) Increases the amount of the payment to an institution with respect to each individual awarded a fellowship under such program. Revises requirements for award of such fellowships to limit eligibility to students who demonstrate financial need. Sets forth requirements for the process and timing of the fellowship competition. Authorizes the Secretary to contract with a nongovernmental agency to administer the program. Part B: Graduate Assistance in Areas of National Need - Extends the authorization of appropriations for Graduate Assistance in Areas of National Need. (Sec. 521) Increases the amount of the payment to an institution with respect to each individual awarded a fellowship under such program. Revises requirements for designation of areas of national need and content of applications. Part C: Urban Community Service - Extends the authorization of appropriations for the Urban Community Service grants program. (Sec. 531) Requires the Secretary to give priority to applicant eligible institutions that demonstrate commitment to urban community service. Part D: Fund for the Improvement of Postsecondary Education - Extends the authorization of appropriations for the Fund for the Improvement of Postsecondary Education, and for its grants for planning and special projects. (Sec. 541) Allows a greater number of technical employees. Includes among authorized special projects: (1) institutional restructuring to improve learning and promote cost efficiencies; (2) evaluation and dissemination of model programs; and (3) articulation between two-year and four-year institutions, including developing innovative methods to ensure the successful transfer of students. Part E: Higher Education Access for Students with Disabilities - Sets forth a new title V part F (Higher Education Access for Students with Disabilities). (Sec. 551) Directs the Secretary to award competitive grants to higher education institutions to develop model programs to provide technical assistance, training, and professional development for faculty and administrators to teach effectively students with disabilities. Authorizes the Secretary to award grants to higher education institutions to disseminate their demonstrated exceptional programs for disabilities. Title VI: International Education Programs - Extends the authorization of appropriations for part A (International and Foreign Language Studies). (Sec. 601) Revises or establishes provisions for: (1) graduate and undergraduate national language and area centers and programs and authorized activities; (2) language resource centers; (3) incentives for new and existing undergraduate international studies and foreign language programs, and Federal share and use of funds for such programs; (4) research, studies, and reports; (5) selection of certain grant applicants; (6) equitable distribution of certain funds; (7) American overseas research centers; and (8) development grants for new such centers. (Sec. 602) Extends the authorization of appropriations for part B (Business and International Education Programs). Revises requirements for centers for international business education. (Sec. 603) Extends the authorization of appropriations for the Institute for International Public Policy. Raises from one-fourth to one-half the non-Federal matching funds requirement for the minority foreign service professional development program. Requires the non-Federal contribution to be from private sector sources. Revises requirements for the study abroad program to extend the program to students completing the third year of study in the case of a summer abroad program. Provides for an institutional development program of grants to historically Black colleges and universities, Hispanic-serving institutions, tribally controlled community colleges, and minority institutions, to strengthen their international affairs programs. (Sec. 604) Repeals provisions relating to preservation of pre-1992 programs. Title VII: Related Programs and Amendments to Other Laws - Part A: Indian Higher Education Programs - Amends the Tribally Controlled Community College Assistance Act of 1978 to rename it the Tribally Controlled College or University Act of 1978. (Sec. 711) Extends such Act's programs to colleges and universities. Increases the amount per Indian student of grants to such colleges and universities. Extends the authorization of appropriations for grants, endowment, and economic development programs. (Sec. 712) Amends the American Indian, Alaska Native, and Native Hawaiian Culture and Art Development Act to extend the authorization of appropriations for the Institute of American Indian and Alaska Native Culture and Arts Development. Part B: Advanced Placement Fee Payment Program - Authorizes the Secretary to make grants to States to reimburse low-income individuals for the cost of advanced placement test fees. (This program is currently under the Higher Education Amendments of 1992.) (Sec. 721) Revises such program to: (1) encourage States to support advanced placement teacher training and related activities designed to increase the participation of low-income individuals; and (2) permit the use of up to five percent of funds to disseminate information about the availability of test fee payments. Extends the authorization of appropriations for such program. Part C: Institute for Peace Act - Amends the United States Institute for Peace Act to extend the authorization of appropriations for the Institute. Part D: Community Scholarship Mobilization - Community Scholarship Mobilization Act - Directs the Secretary of Education to award an endowment grant, on a competitive basis, to a national organization to support the establishment or ongoing work of regional, State or community program centers that foster development of local entities in high poverty areas to improve high school graduation rates and postsecondary attendance through academic support services and postsecondary scholarship assistance. (Sec. 745) Directs the Secretary to award one or more such endowment grants pursuant to an agreement with a national association which requires that: (1) 70 percent of endowment fund interest income in any fiscal year be used to assist such centers; (2) 30 percent of such income in any fiscal year be used for scholarships for students from low-income families, to be matched on a dollar-for-dollar basis from funds raised by the local entities; and (3) at least 50 percent of all the interest income from the endowment be allocated to establish new local entities or support regional, State or community program centers in high poverty areas. (Sec. 746) Authorizes appropriations. Part E: Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders - Directs the Secretary of Education to carry out the program of Grants to States for Workplace and Community Transition Training for Incarcerated Youth Offenders (currently under HEA title X part E). (Sec. 751) Extends the authorization of appropriations for such program. Part F: Education of the Deaf - Education of the Deaf Amendments of 1998 - Amends the Education of the Deaf Act (EDA) to: (1) require elementary and secondary programs to comply with certain requirements under the Individuals With Disabilities Education Act; (2) revise requirements relating to agreements with Gallaudet University and the National Technical Institute for the Deaf (NTID); and (3) revise requirements for audits, reports, investments, and international students. (Sec. 768) Extends the authorization of appropriations for monitoring, evaluation, and reporting. (Sec. 769) Revises requirements for Federal endowment programs payments, and for withdrawals and expenditures. Extends the authorization of appropriations for Federal endowment programs (for Gallaudet University and NTID). (Sec. 771) Requires Gallaudet University and the NTID to: (1) establish and disseminate research priorities that reflect public input; and (2) submit reports to the Secretary of Education and specified congressional committees. (Sec. 772) Extends the authorization of appropriations for Gallaudet University and NTID programs under EDA. (Sec. 773) Directs the Secretary of Education to establish a Commission on the Education of the Deaf to identify those education-related factors in the lives of deaf individuals that: (1) result in barriers to successful postsecondary education experiences and employment; or (2) contribute to successful postsecondary education and employment experiences. Authorizes appropriations. Part G: Repeals - Repeals the following HEA provisions: (1) under title VII (Construction, Reconstruction, and Renovation of Academic Facilities), part A (Improvement of Academic and Library Facilities), part C (Loans for Construction, Reconstruction and Renovation of Academic, Housing, and Other Educational Facilities), part D (College Construction Loan Insurance Association), and part E (General Provisions); (2) title VIII (Cooperative Education); (3) under title IX (Graduate Programs), part A (Grants to Institutions and Consortia to Encourage Women and Minority Participation in Graduate Education), part B (Patricia Roberts Harris Fellowship Program), part E (Faculty Development Fellowship Program), part F (Assistance for Training in Legal Profession), and part G (Law School Clinical Experience Programs); (4) under title X (Postsecondary Improvement Programs), part B subpart 2 (Science and Engineering Access Programs), part C (Women and Minorities Science and Engineering Outreach Demonstration Program), and part D (Dwight D. Eisenhower Leadership Program); and (5) under title XI (Community Service Programs), part B (Innovative Projects). (Sec. 781) Repeals the following provisions under the Higher Education Amendments of 1992: (1) under title XIII (Indian Higher Education Programs), part E (Tribal Development Student Assistance Act), part F (American Indian Postsecondary Economic Development Scholarship), and part G (American Indian Teacher Training); (2) title XIV (Studies and Commissions); and (3) title XV (Related Programs and Amendments to Other Laws), including parts A (National Center for the Workplace), part B (National Clearinghouse for Postsecondary Education Materials), part C (School-Based Decisionmakers), part D (Grants for Sexual Offenses Education), and part E (Olympic Scholarships). Part H: Miscellaneous - Expresses the sense of the Congress that the Department of Education should: (1) assess immediately the extent of the risk to the operations of the student financial aid system posed by the year 2000 computer problem; (2) give the highest priority to correcting all two-digit date-related problems in the Department's computer systems to ensure that those systems continue to operate effectively in the year 2000 and beyond; and (3) develop contingency plans, with respect to the year 2000 computer problem, for those computer systems that the Department is unable to correct in time. (Sec. 791) Directs the Secretary of Education to report to specified congressional committees on the compliance status of all mission critical systems at the Department, as well as such contingency plans.
Bill· SS. 1880 (105th)referred
United States · United States Congress · 30 March 1998
Amends title XI of the Social Security Act to authorize States to permit certain employers of domestic workers to make annual (instead of quarterly) wage reports.
Bill· SS. 1879 (105th)referred
United States · United States Congress · 30 March 1998
Amends the Taxpayer Relief Act of 1997 to permanently extend income averaging for farmers.
Bill· HRH.R. 3595 (105th)open
United States · United States Congress · 30 March 1998
TABLE OF CONTENTS: Title I: Brownfield Remediation and Environmental Cleanup Subtitle A: Innocent Landowners and Prospective Purchaser Liability Subtitle B: Brownfield Remediation and Environmental Cleanup Subtitle C: State Voluntary Response Programs Title II: Liability Title III: Remedy Title IV: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title V: Natural Resource Damages Title VI: Federal Facilities Title VII: State Roles Title VIII: Funding Title IX: Miscellaneous Title X: 5-Year Extension of Hazardous Substance Superfund Superfund Improvement Act of 1998 - Title I: Brownfield Remediation and Environmental Cleanup - Subtitle A: Innocent Landowners and Prospective Purchaser Liability - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the President) and the person fulfills certain responsibilities concerning information compilation, exercise of appropriate care with respect to hazardous substances at the facility, and cooperation with those conducting response actions. (Sec. 102) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of the prospective purchaser exemption and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 103) Adds CERCLA provisions granting conditional exemptions from liability to persons owning or operating property contiguous to a release site. Subtitle B: Brownfield Remediation and Environmental Cleanup - Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to establish a program to provide grants to local governments to inventory and conduct site assessments of brownfield sites. Defines a "brownfield site" as a parcel of land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. Directs the Administrator to establish a program of grants to local governments for capitalization of loan programs for brownfield site cleanup by the locality or owner or prospective purchaser. Requires the Administrator to report to specified congressional committees on programs established under this subtitle. Authorizes appropriations from the Hazardous Substance Superfund (Superfund) to carry out such grant programs. Subtitle C: State Voluntary Response Programs - Adds provisions requiring the Administrator to provide technical and other assistance to States to establish and enhance State voluntary response programs, comprised of elements including public participation opportunities, oversight and enforcement authorities, and certification mechanisms. Authorizes appropriations from Superfund for FY 1999 through 2003 for such programs. Title II: Liability - Provides an exemption to liability, with exceptions, for response costs or actions with respect to National Priority List (NPL) facilities for certain small businesses whose liability is based solely on arranging for disposal, treatment, or transport of, or accepting, the hazardous substance concerned. Sets forth provisions regarding the preservation of certain contribution claims with respect to small businesses, a moratorium on the continuation or commencement of suits regarding such claims, and settlements with small businesses. Exempts from liability based solely on arrangement or acceptance provisions certain: (1) de micromis parties; and (2) individuals or small businesses or nonprofit organizations where the activities concerned involved municipal solid waste (MSW). Absolves of liability: (1) certain owners or operators who acquired the facility concerned by inheritance or bequest; (2) Federal, State, or municipal entities whose liability is based solely on ownership of a road or other right-of-way or transportation route over which hazardous substances are transported or on the granting of a business license; and (3) certain railroad owners or operators of spur tracks. Makes persons who commence recovery or contribution actions after this Act's enactment against parties not liable due to small business, de micromis, or MSW exemptions described above liable for all reasonable costs of defending such actions. Limits liability for certain tax-exempt organizations that receive an affected vessel or facility as a charitable contribution. Makes municipalities currently liable for response costs on the basis of ownership or operation of a municipal landfill listed on the NPL on or before October 1, 1997, eligible for settlements. Limits liability to 20 percent of total response costs, but authorizes the President to increase such percentage to up to 35 percent under certain conditions. Authorizes the President to require such municipalities to perform or participate in response actions at the facility. Considers two or more municipalities that jointly own or operate a facility to be a single owner for purposes of calculating settlement offers. Authorizes the President to require such municipalities to waive some or all claims or causes of action against other potentially responsible parties (PRPs) with respect to a site. Conditions eligibility for limited municipal liability on the acts or omissions giving rise to liability having occurred before a date two years after this Act's enactment or on the municipality participating in a qualified household hazardous waste disposal program by such date. Sets forth cases in which the President may decline to offer such settlements. Makes liable parties who fail to take proper remedial or response actions liable to the United States for response costs incurred as a result of such failure to take action, in addition to potential punitive damages authorized under existing law. (Sec. 203) Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 204) Adds to the list of parties eligible for expedited final settlements: (1) persons whose liability is based on arranging for disposal, treatment, transport of, or on accepting, MSW or municipal sewage sludge at an NPL facility; and (2) persons, small businesses, or municipalities who demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties. Makes municipalities that arranged for disposal, treatment, or transport of, or that accepted, such waste or sludge that are also liable as owners or operators eligible for expedited settlements as well. Permits the President to consider alternative payment methods for small businesses that are unable to pay settlement amounts immediately. Authorizes the President to require, as a condition of expedited settlements, that a PRP waive some or all of the claims or causes of action that the party may have against other PRPs relating to the site. Establishes a moratorium on litigation for recovery or contribution of response costs from certain persons eligible for expedited settlements within a specified time frame. (Sec. 205) Expands information regarding concerned facilities that may be required to be provided to Federal employees or officials. Authorizes the Administrator to issue subpoenas to obtain information related to facilities or cleanups. Makes information obtained pursuant to contracts to perform work available to the public, with exceptions. Sets forth confidentiality requirements for Government contractors with respect to such information. (Sec. 206) Authorizes the President to amend or issue administrative orders, without determining that there may be an imminent and substantial endangerment, to complete, or require additional, response actions necessary to respond to a release or threatened release. (Sec. 207) Revises contribution provisions to require an action by a PRP against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action (unless such remedial action has been the subject of a previous cost recovery action); or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages paid. (Sec. 208) Requires the Administrator, after conducting any settlement negotiation, to initiate the allocation process for each mandatory allocation. Defines a "mandatory allocation" as an allocation of liability at a non-federally-owned NPL vessel or facility: (1) for which the Administrator selects a remedial action after March 30, 1998; (2) for which the Administrator estimates that future response costs for such action will exceed $3 million; and (3) that involves two or more unaffiliated PRPs. Permits the Administrator to use any part of the allocation process to promote a settlement with respect to response actions that are not subject to mandatory allocations. Excludes from the allocation process remedial actions: (1) for which there are settlement or consent decrees with parties (other than de minimis parties or parties that settled on the basis of an inability to pay); (2) that are being addressed by a unilateral order issued by the Administrator before this Act's enactment; (3) for which all PRPs are liable as owners or operators; or (4) that are being carried out by a State. Applies mandatory allocations to: (1) response costs relating to the remedial action incurred after this Act's enactment date; and (2) unrecovered remedial investigation and feasibility study costs relating to the action incurred by the United States prior to such enactment. Establishes a moratorium on litigation for recovery of response costs or contributions in connection with remedial actions subject to mandatory allocation until 60 days after completion of allocation procedures. Stays pending actions until such prescribed period unless the court determines that a stay will result in manifest injustice. Permits the Attorney General to commence a civil action against a PRP or allocation party at any time if at the same time the Attorney General files a judicial consent decree resolving the liability of such a party. Sets forth requirements concerning the allocation process. Permits PRPs to nominate additional PRPs. Directs the United States, with respect to response actions that would otherwise be subject to mandatory allocation, to reimburse PRPs that agree to perform the response action and to acceptable settlement terms, for 100 percent of the orphan share, subject to the availability of funds. Requires the Administrator to initiate the allocation process at the request of any PRP that has not resolved liability and after the conclusion of any settlement negotiations. Provides that the allocation process shall not be required if a settlement is reached that resolves at least 70 percent of the total costs of the action that would be the subject of allocation. Describes allocation parties. Requires the Administrator and the allocation parties to select a neutral, third-party allocator. Subjects Federal PRPs to the allocation process in the same manner as such process is applied to other PRPs. Requires the allocator to provide a final allocation report to the Administrator, the Attorney General, and each allocation party that specifies the estimated contribution share of each party and any orphan share. Limits the admissibility in court of such report except for purposes of supporting a settlement between the United States and an allocation party. Authorizes the Administrator to require PRPs that did not enter into a settlement during pre-allocation negotiations to pay the costs of the allocation process. Sets forth confidentiality requirements with respect to information submitted to the allocator. Prescribes civil penalties for failures to maintain confidentiality of information. Describes authorities of the allocator with respect to information gathering. Sets forth: (1) conditions under which the Administrator and the Attorney General may reject the allocator's report; (2) requirements for settlements based on allocations; and (3) provisions regarding reimbursement. Makes specified amounts available from Superfund for funding orphan share contributions in FY 1999 through 2003. Authorizes the Attorney General to commence actions against parties that fail to resolve liability during pre-allocation negotiations or after allocation. Makes nonsettling parties subject to strict, joint, and several liability for unrecovered response costs, including costs of federally funded orphan and nonsettling party shares. Permits the President to: (1) file a proof of claim or take other action in a bankruptcy proceeding; (2) require performance of a response action at a facility subject to a mandatory allocation during the allocation process; or (3) file any actions necessary to prevent dissipation of a PRP's assets. Directs the Administrator to report annually to the Congress on funds made available to address orphan shares and shares of nonsettling parties in support of settlement activities. (Sec. 209) Makes parties who unsuccessfully challenge settlements between the President and any PRP liable to the United States and any settling party for attorney's fees and costs incurred in defending the settlement. Authorizes administrative orders which set forth terms of settlements to be issued only with the prior approval of the Attorney General in cases where total response costs exceed $2 million (currently, $500,000). Permits agencies with the authority to seek fines, penalties, and punitive damages under CERCLA to settle claims that may otherwise be assessed in civil administrative or judicial proceedings if the claim has not been referred to the Department of Justice for further action. Permits claims exceeding $300,000 to be settled only with the prior approval of the Attorney General. Authorizes the use of arbitration only for claims where response costs do not exceed $2 million (currently, $500,000). (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable if the recyclable material: (1) contained polychlorinated biphenyls in excess of 50 parts per million or any new Federal standard; or (2) is an item of scrap paper containing hazardous substances determined to present a significant human health or environmental risk. Title III: Remedy - Revises provisions regarding remedy selection. Requires remedial actions selected by the President to assure long-term reliability of protection of human health and the environment and, to the maximum extent practicable, make contaminated land available for beneficial use and return contaminated groundwater and surface water to beneficial use in a reasonable period of time. Requires remedial actions to protect uncontaminated groundwater and surface water unless it is technically infeasible or limited migration of contamination is necessary to facilitate restoration of groundwater to beneficial use. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires remedial actions, in the case of contaminated groundwater or surface water which may be used for drinking water, to require a level or standard of control which at least attains the maximum contaminant levels (MCLs) or non-zero MCL goals established under the Safe Drinking Water Act for the contaminants concerned. Requires remedial actions for hazardous substances that remain on site to comply with any more stringent and legally applicable tribal standard. Directs the President to ensure that a remedial action attains standards of control protective of human health in the environment in cases where: (1) no Federal, State, or tribal standard has been established for the specific hazardous substance present at the facility where the action is being undertaken; or (2) there are multiple hazardous substances present and the remedial action is not protective even though applicable requirements are attained. Removes a provision which requires the President to conform a remedial action to a State standard in cases where a State has initiated a lawsuit against the EPA prior to May 1, 1986. Sets forth minimum requirements for remedies for contaminated groundwater or surface water in cases where a legally applicable standard for a hazardous substance is waived due to findings of technical impracticability. Makes procedural requirements of State laws inapplicable to the portion of any removal or remedial action conducted entirely on site, except for recordkeeping and reporting. Requires the Administrator, in selecting remedies, to take into account reasonably anticipated future uses of land at a facility and, as appropriate, of nearby property. Sets forth factors to be considered in making assumptions regarding such uses. Directs the President, in selecting a remedial action to restore groundwater to drinking water or other beneficial uses, to defer to a State's classifications and designations relating to groundwater if specified conditions are met. Sets forth determinations and presumptions to be made by the Administrator in cases where there is no deference to a State. Prohibits, unless a State makes a designation otherwise, the use as drinking water of groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) from which the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring unless that source is or has been used as a drinking water source. Prohibits the President from selecting a remedial action that allows hazardous substances to remain on site above levels that would be protective for unrestricted use unless institutional controls are incorporated into the action to achieve protection of human health and the environment during and after completion of the action. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures, except in extraordinary circumstances. Lists requirements for actions that rely on institutional controls. Authorizes funds to be established for facilities for which the selected remedy is containment or at which hazardous substances remain on site above levels that would allow for unrestricted use of the facility. Directs the Administrator to report annually to the Congress, for each record of decision signed during the previous fiscal year, on the type of institutional controls and media affected and the institution designated to monitor, enforce, and ensure compliance with such controls. (Sec. 302) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land or other natural resources. Permits easements to be used wherever institutional controls have been selected as a component of a response action. Makes easements enforceable in perpetuity (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. (Sec. 303) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $4 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release. Title IV: Community Participation and Human Health - Subtitle A: Community Participation - Revises provisions regarding grants for technical assistance to make such grants available to Community Advisory Groups or affected communities (defined as two or more individuals affected by the release or threatened release of a hazardous substance at a covered facility. Defines a "covered facility" as a facility: (1) that has been listed or proposed for listing on the NPL; (2) at which the Administrator is undertaking an action anticipated to exceed one year or a specified funding limit; or (3) with respect to which the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator has accepted a petition requesting a health assessment or related health activity. Expands the list of authorized grant activities. Requires the President to take specified actions to provide for meaningful public participation in every significant phase of response activities under CERCLA. Permits Community Advisory Groups, affected Indian tribes and communities, and local government and health officials to propose remedial alternatives to the President. Requires the President to make records relating to response actions at a facility available to the public throughout all phases of an action. Sets forth additional requirements with respect to public notice of certain removal actions. (Sec. 403) Requires States or Indian tribes with NPL sites to establish Waste Site Information Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 404) Requires the President to provide the opportunity for the establishment of a Community Advisory Group, a representative public forum, to achieve direct, regular, and meaningful consultation with all interested parties throughout all stages of a response action whenever: (1) the President determines such a group will be helpful; or (2) ten individuals residing in the area in which the facility is located, or ten percent of the population of a locality in which the NPL facility is located, whichever is less, petition for a Group to be established. Authorizes such Groups to offer recommendations to the Administrator on the anticipated future use of land at a facility at any time prior to remedy selection, but provides that the Administrator shall not be bound by any such recommendation. Authorizes the President to provide administrative support for such Groups. Directs the Administrator to submit to the Congress a community study that includes an analysis of: (1) the speed of listing; (2) the speed and nature of response actions; (3) the degree to which public views are reflected in response actions; (3) future land use determinations and use of institutional controls; and (4) the population, race, ethnicity, and income characteristics of communities affected by facilities listed or proposed for listing on the NPL. Requires periodic updates of such study. Directs the Administrator to institute necessary improvements or modifications to address any deficiencies identified by the study. (Sec. 406) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. (Sec. 407) Directs the Administrator to evaluate areas such as Indian country or poor rural communities that warrant special attention and identify up to five facilities in each EPA region that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Subtitle B: Human Health - Requires the President to notify State and local public health authorities and tribal health officials whenever there is reason to believe that a release (or threat of release) of a hazardous substance, pollutant, or contaminant has occurred, is occurring, or is about to occur. Directs the ATSDR Administrator to perform a health assessment or related health activity, at a minimum, for each facility listed or proposed for listing on the NPL, including Federal facilities. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 414) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to facilitate the provision of health services to communities affected by the release of hazardous substances. (Sec. 415) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Subtitle C: General Provisions - Sets forth effective dates for provisions of this title (upon enactment or 180 days after enactment). Title V: Natural Resource Damages - Revises provisions regarding the statute of limitations on actions for natural resource damages to remove a requirement that actions for such damages, with exceptions, be commenced within three years after the later of: (1) the date of discovery of the loss and its connection with the release in question; or (2) the date on which specified regulations regarding natural resource damage assessment are promulgated. Requires actions for such damages with respect to facilities at which there has been a corrective action or closure under the Solid Waste Disposal Act, a reclamation under the Uranium Mill Tailings Reclamation Act, or a response action under a State remediation, hazardous waste, water quality, or voluntary cleanup program, to be commenced before the later of: (1) three years from this Act's enactment date; or (2) three years from the date the responsible party provides notice of cleanup completion to all affected trustees. Requires commencement of such actions for facilities (other than those described above, NPL or Federal facilities, or those at which a remedial action has been scheduled) within three years of completion of an adopted restoration plan. (Sec. 502) Directs the President, in selecting remedial actions, to take into account the potential for injury to a natural resource resulting from such actions and the potential for mitigating injury to a resource by such actions. Requires the President to promulgate a regulation providing for consultation with the affected natural resource trustees regarding the inclusion or deletion of facilities on or from the NPL and coordination with such trustees with respect to releases under investigation and prior to selection of response actions. Authorizes affected trustees of natural resources injured, destroyed, or lost as a result of a release to participate in the trustees' selection of a restoration plan. Makes trustees who elect not to participate in such selection ineligible for Superfund monies for assessment of damages and natural resource restoration. Revises provisions regarding the use of recovered sums to permit such sums to be used only to restore or replace natural resources in the watershed, aquifer, or regional ecosystem in which the injury occurred and for the benefit of such resources or to acquire the equivalent of such resources in the watershed, aquifer, or regional ecosystem in which the injury occurred. (Current law allows the use of such sums to restore, replace, or acquire the equivalent of the injured resources.) Authorizes the use of recovered sums, in the case of a migratory species, to be applied for restoration or replacement of such species in a habitat in the migratory pathway of the species if all trustees participating in the selection of a restoration plan agree. Title VI: Federal Facilities - Revises provisions regarding the applicability of CERCLA to the U.S. Government. Makes Federal agencies subject to all Federal, State, interstate, and local requirements regarding response actions and damages related to, or management of, hazardous substances, pollutants, or contaminants in the same manner as any nongovernmental entity. Waives immunity of the United States with respect to the enforcement of injunctive relief. Makes Federal employees subject to criminal sanctions under State or Federal response laws. Authorizes the Administrator to issue an abatement order to a Federal agency and requires initiation of an administrative enforcement action in the same manner as action would be initiated against any other person. Requires all funds collected by a State from the Federal Government from penalties imposed under this section to be used only for projects to improve or protect the environment or to defray costs of environmental protection or enforcement unless a State law requires such funds to be used differently. (Sec. 604) Sets forth additional conditions under which a Federal property may be transferred to any other person without a covenant warranting that all remedial action has been taken on the property. Establishes additional assurances to be contained in deeds governing such transfers with regard to hazardous substance releases for which a Federal agency is potentially responsible. (Sec. 605) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. Title VII: State Roles - Authorizes States, pursuant to contracts or cooperative agreements, to apply to the Administrator to take or require: (1) preremedial actions at any non-federally owned or operated facility that is not listed on the NPL; or (2) specified response and cost recovery actions, remedy selections, settlements, allocations, and community participation activities at non-federally owned or operated NPL facilities or removal actions at any facility proposed for NPL listing. Sets forth requirements for State enforcement and allocation of liability. (Sec. 702) Prohibits the Administrator from providing funding to States for response actions or response actions, except for emergency removal actions, unless the affected State provides assurances that it will pay ten percent of the cost of the action or funding and will assure oversight of any operation and maintenance of response actions. (Sec. 703) Expands CERCLA provisions regarding treatment of Indian tribes to afford Indian tribes the same treatment as States with respect to provisions regarding voluntary response actions, cleanup standards, compliance with consent decrees, and delegation of authority with respect to facilities located in Indian country. (Sec. 704) Permits States to apply to the Administrator to exercise specified CERCLA authorities at Federal facilities. Title VIII: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. Title IX: Miscellaneous - Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 903) Revises CERCLA report requirements. (Sec. 904) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title X: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the environmental income tax to taxable years beginning after December 31, 1998, and before January 1, 2004. Extends specified provisions regarding: (1) Superfund's financing rate; (2) limits on tax if the unobligated balance in Superfund exceeds a specified amount; and (3) the repayment deadline for advances made to Superfund. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2003.
Bill· HRH.R. 3600 (105th)referred
United States · United States Congress · 30 March 1998
Amends the Internal Revenue Code to permit penalty-free withdrawals from retirement plans to provide medical care for qualified relatives over the age of 55.
Bill· HRH.R. 3594 (105th)referred
United States · United States Congress · 30 March 1998
Amends the Taxpayer Relief Act of 1997 to permanently extend income averaging for farmers.
Bill· HRH.R. 3583 (105th)referred
United States · United States Congress · 30 March 1998
Family Friendly Tax Relief Act of 1998 - Amends the Internal Revenue Code to: (1) increase, to $1,000, the tax credit for children under the age of five; and (2) allow such credit against the alternative minimum tax.
Bill· HRH.R. 3580 (105th)open
United States · United States Congress · 27 March 1998
TABLE OF CONTENTS: Title I: Supplemental Appropriations Chapter 1: Department of Agriculture Chapter 2: Department of State Chapter 3: Department of Energy Chapter 4: Foreign Operations, Export Financing, and Related Programs Chapter 5: Department of the Interior Chapter 6: Department of Health and Human Services Chapter 7: Legislative Branch Chapter 8: Department of Transportation and Related Agencies Chapter 9: Department of the Treasury Chapter 10: Department of Veterans Affairs Chapter 11: Department of Defense - Military Construction Title II: Rescissions Title III: General Provisions - This Act 1998 Supplemental Appropriations and Rescissions Act - Makes supplemental appropriations and rescissions for FY 1998. Title I: Supplemental Appropriations - Chapter 1: Department of Agriculture - Authorizes the Secretary of Agriculture to compensate for economic losses of persons who had or will have wheat stored in a storage facility that was, or may be, subject to an emergency action notice relating to the presence of Karnal bunt. Makes supplemental appropriations for the Department of Agriculture for: (1) departmental administration; (2) the Office of the General Counsel; and (3) the Agricultural Credit Insurance Fund Program Account for direct and unsubsidized guaranteed farm ownership loans, direct and guaranteed subsidized farm operating loans, and boll weevil eradication program loans. Makes additional funds available for salaries and expenses of the Food and Drug Administration. Chapter 2: Department of State - Makes supplemental appropriations for the Department of State for arrearage payments for the United Nations and assessed expenses of international peacekeeping. Prohibits the obligation or expenditure of funds for arrearages and international peacekeeping until the share of all assessed contributions for the regular United Nations budget does not exceed 22 percent (and 25 percent for each peacekeeping operation) for any single member. Chapter 3: Department of Energy - Makes an additional amount available for Department of Energy (DOE) departmental administration to cover increases in the cost of work for others, provided such costs are offset by revenue increases derived from specified fees under the Atomic Energy Act of 1954. (Sec. 301) Sets forth limitations on specified DOE projects. Chapter 4: Foreign Operations, Export Financing, and Related Programs - Makes supplemental appropriations for foreign operations, export financing, and related programs for: (1) an increase in the U.S. quota in the International Monetary Fund (IMF); and (2) loans to the IMF under the Bretton Woods Agreements Act pursuant to new arrangements to borrow. Declares that a specified amount of bilateral economic assistance should be made available for Bolivia. (Sec. 401) Prohibits the use of funds appropriated for the U.S. quota in the IMF until the Secretary of the Treasury reports to the appropriate congressional committees that it is IMF policy that arrangements in excess of $500 million involving the use of resources available to the IMF shall include provisions committing the borrowing country to: (1) comply with the terms of international trade agreements of which the country is a signatory; (2) eliminate the policy of Government-directed lending by financial institutions; and (3) guarantee nondiscriminatory treatment in debt resolution proceedings between domestic and foreign creditors and debtors and other concerned persons. (Sec. 402) Requires the Secretary to report to the appropriate congressional committees on: (1) the implementation of IMF-led financial stabilization programs in countries in connection with which the United States has made a commitment to provide or has provided financing from the exchange stabilization fund; and (2) impending disbursements to such countries. (Sec. 403) Directs the Secretary to establish an International Financial Institution Advisory Commission that shall report recommendations to the appropriate committees on the future role and responsibilities of the IMF and the International Bank for Reconstruction and Development. International Monetary Fund Reform and Authorization Act of 1998 - Amends the Bretton Woods Agreement Act to authorize the U.S. Governor of the IMF to consent, subject to appropriations, to a specified increase in the U.S. IMF quota of Special Drawing Rights. Makes such amendment effective only if the Secretary certifies to certain congressional committees that the investors and banks have made a significant contribution in conjunction with a financing package that, in the context of an international financial crisis, might include taxpayer supported official financing. (Sec. 406) Sets forth conforming amendments for Federal participation in new arrangements to borrow. (Sec. 407) Amends the International Financial Institutions Act (the Act) to direct the Secretary of the Treasury to instruct the U.S. Executive Director of the IMF to promote specified policies, including: (1) structuring programs and assistance so as to promote policies and actions that will contribute to exchange rate stability and avoid competitive devaluations; (2) promoting market-oriented reform, trade liberalization, economic growth, democratic governance, and social stability through certain measures; (3) strengthening financial systems in developing countries and encouraging the adoption of sound banking principles and practices; (4) facilitating the development and implementation of internationally acceptable domestic bankruptcy laws in developing countries; (5) promoting policies that aim at appropriate burden-sharing by the private sector so that investors and creditors bear more fully the consequences of their decisions; (6) fostering structural reforms, including procurement reform, that reduce opportunities for corruption, bribery, and drug-related money laundering; (7) designing IMF programs and assistance so that governments channel public funds away from unproductive purposes, including large showcase projects and excessive military spending, and toward investment in human and physical capital; (8) structuring IMF programs and assistance so that improvement of labor standards is incorporated as an integral goal in the policy dialogue with recipient countries; (9) discouraging practices which may promote ethnic or social strife in a recipient country; (10) promoting IMF recognition that macroeconomic developments and policies can affect and be affected by environmental conditions and policies; (11) facilitating greater IMF transparency and accountability; and (12) promoting structural reforms which facilitate credit to small businesses, including microenterprise lending, especially in the world's poorest, heavily indebted countries. Directs the Secretary to establish an IMF Advisory Committee to advise the Secretary on the extent to which individual country IMF programs meet the policy goals set out in the Act. (Sec. 408) Denies Federal funds to the IMF unless the Secretary certifies to specified congressional committees that the IMF has made certain meeting minutes and reviews of loan programs available for public inspection. (Sec. 409) Instructs the Secretary to certify to certain congressional committees that the U.S. Executive Director of the IMF will oppose further fund disbursements to Indonesia unless its government complies with the terms of its IMF reform package. (Sec. 410) Expresses the sense of the Congress that Japan should assume a greater regional leadership role, coinciding with its goal of promoting strong domestic demand-led growth and avoiding a significant increase in its external surplus with the United States and the countries of the Asia-Pacific region. (Sec. 412) Instructs the Secretary to submit status reports to certain congressional committees regarding progress made toward achieving specified objectives to strengthen safeguards in the global financial system, including measures to promote more efficient functions of global markets. Requires such a report also on progress the U.S. Executive Director of the IMF has made in influencing the IMF to adopt specified policies and reforms of its internal procedures. (Sec. 414) Directs the Secretary to certify to certain congressional committees that the Secretary has instructed the U.S. Executive Director of the IMF to facilitate timely access by the General Accounting Office (GAO) to IMF information and documents needed by GAO to perform financial reviews of the IMF that will facilitate the conduct of U.S. policy with respect to it. Instructs the Comptroller General to report annually to such congressional committees on IMF financial operations. Chapter 5: Department of the Interior - Makes supplemental appropriations for the Department of the Interior for: (1) the Minerals Management Service for royalty and offshore minerals management to meet increased demand and workload requirements stemming from leasing activity in the Gulf of Mexico; (2) the Abandoned Mine Reclamation Fund, to be derived from a transfer of funds; and (3) the Bureau of Indian Affairs (BIA) for operation of Indian programs and the Office of Special Trustee for American Indians for Federal trust programs to support litigation involving individual Indian trust fund accounts. Chapter 6: Department of Health and Human Services - Makes additional funds available for the Department of Health and Human Services for Health Care Financing Administration program management. (Sec. 602) Authorizes the obligation of a limited amount of funds in FY 1998 for contracts with Utilization and Quality Control Peer Review Organizations pursuant to the Social Security Act. Chapter 7: Legislative Branch - Makes supplemental appropriations for the legislative branch for: (1) payments to widows of specified Members of Congress; and (2) the Architect of the Capitol for Capitol building salaries and expenses and for the Capitol Square perimeter security plan. Chapter 8: Department of Transportation and Related Agencies - Provides additional funds for the Department of Transportation (DOT) for the Amtrak Reform Council and for National Transportation Safety Board salaries and expenses for expenses resulting from the crash of TWA Flight 800. Chapter 9: Department of the Treasury - Makes supplemental appropriations for the Department of the Treasury for: (1) automation enhancement; (2) Treasury building and annex repair and restoration; and (3) Financial Management Service salaries and expenses for year 2000 century date change conversion requirements. Chapter 10: Department of Veterans Affairs - Provides additional funds for the Veterans Benefits Administration for compensation and pensions. Prohibits requirements set forth in any carbon monoxide Federal implementation plan based on the Clean Air Act as in effect prior to the 1990 amendments from being imposed in Arizona. Authorizes the Administrator of the National Aeronautics and Space Administration to transfer specified funds to the account for human space flight for the International Space Station program. Chapter 11: Department of Defense - Military Construction - Directs the Secretary of the Navy to carry out beach replenishment in connection with the military construction project for North Island Naval Air Station, California. Title II: Rescissions - Rescinds specified amounts of Department of Agriculture funds for: (1) the Agricultural Research Service; (2) Animal and Plant Health Inspection Service salaries and expenses; (3) the Agricultural Marketing Service; (4) Grain Inspection, Packers and Stockyards Administration salaries and expenses; (5) the Food Safety and Inspection Service; (6) Farm Service Agency salaries and expenses; (7) unsubsidized guaranteed operating loans from the Agricultural Credit Insurance Fund; (8) Natural Resources Conservation Service operations; (9) Rural Housing Service salaries and expenses; and (10) Food and Nutrition Service food program administration. Limits specified funds available for salaries and expenses of personnel to carry out a conservation farm options program. Rescinds specified amounts of funds for the Department of the Interior for: (1) Bureau of Land Management management of lands and resources; (2) Oregon and California grant lands; (3) Fish and Wildlife Service resource management and construction; (4) National Park Service and BIA construction; and (5) the Bureau of Mines. Rescinds specified amounts of Forest Service funds for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; and (5) reconstruction and construction. Rescinds specified amounts of DOT funds for: (1) payments to air carriers and small community air service; (2) the Federal Aviation Administration for facilities, engineering, and development and grants-in-aid for airports; and (3) the Federal Railroad Administration for Conrail labor protection. Rescinds specified amounts of Department of Treasury funds for: (1) Treasury building and annex repair and restoration; (2) Customs Service salaries and expenses; and (3) Internal Revenue Service information technology investments. Title III: General Provisions - This Act - Prohibits any part of an appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless provided otherwise.
Bill· SS. 1870 (105th)open
United States · United States Congress · 26 March 1998
Indian Gaming Regulatory Improvement Act of 1998 - Amends the Indian Gaming Regulatory Act. Revises definitions. Redesignates the National Indian Gaming Commission as the National Indian Gaming Regulatory Commission. Revises and expands Commission powers. Directs the Commission to advise the Secretary of the Interior with respect to the establishment of minimum Federal standards for background investigations, internal control systems, and licensing. Requires the Secretary, in accordance with specified negotiated rulemaking procedures, to promulgate such standards. Grants the Commission investigatory authority. Sets forth the regulatory framework for class II and III gaming. Sets forth requirements for: (1) conduct of class I, II, and III gaming on Indian lands; and (2) contract review. Authorizes class III gaming on Indian lands only in accordance with an approved compact between the State and Indian tribe concerned. Prohibits the Secretary from approving a compact if the compact requires State regulation of Indian gaming absent State or Indian tribe consent. Sets forth civil penalty and judicial review provisions. Revises the existing gaming fee structure and raises the ceiling on the maximum amount of fees that may be imposed per fiscal year. Establishes the Indian Gaming Trust Fund, to consist of fees collected from class II and III gaming activities and to be used to fund Commission activities. Changes, from after October 17, 1988, to after this Act's enactment date, the effective date of certain prohibitions on gaming on lands acquired by the Secretary in trust for an Indian tribe. Retains certain exceptions to such prohibitions for the St. Croix Chippewa Indians of Wisconsin and the Miccosukee Tribe of Florida. Authorizes an exception in cases where the use of such lands for gaming purposes is provided for in an approved tribal-State compact. Amends the Indian Self-Determination and Education Assistance Act to prohibit former Federal employees from acting as agents or attorneys for clients in connection with matters or decisions involving the Indian Gaming Regulatory Act in which they had personal and substantial involvement while Federal employees.
Bill· SS. 1871 (105th)referred
United States · United States Congress · 26 March 1998
Amends the Tax Reform Act of 1984 to provide for the termination of the exception for certain real estate investment trusts from the treatment of stapled entities.
Bill· SS. 1867 (105th)referred
United States · United States Congress · 26 March 1998
Small Business Paperwork Reduction Act Amendments of 1998 - Amends the Paperwork Reduction Act to require the Director of the Office of Management and Budget to: (1) publish annually in the Federal Register a list of requirements applicable to small business concerns with respect to collection of information by agencies (requiring the first such publication within one year after enactment of this Act); and (2) make such list available on the Internet (again within one year after enactment). Requires each Federal agency, with respect to the collection of information and the control of paperwork, to establish one agency point of contact to act as a liaison with small businesses. Requires each such agency, in the case of a first-time information collection violation by a small business, to impose no civil fine on such business unless: (1) the head of the agency determines that the violation has caused actual serious harm to the public, or that failure to impose a fine would impede the detection of criminal activity, or presents an imminent and substantial danger to public health or safety; or (2) the violation concerns the collection of a tax or is not corrected within six months after violation notification. Authorizes each agency, if a violation presents an imminent and substantial danger to public health or safety, to impose no civil fine if the violation is corrected within 24 hours after violation notification, taking into account specified factors. Requires each agency to make efforts to further reduce the paperwork burden for small businesses with fewer than 25 employees. Establishes a task force to study and report to specified congressional committee members on the feasibility of streamlining requirements with respect to small businesses regarding the collection of information.
Bill· HRH.R. 3561 (105th)referred
United States · United States Congress · 26 March 1998
TABLE OF CONTENTS: Title I: Amendments to National and Community Service Act of 1990 Subtitle A: Amendments to Subtitle A (General Provisions) Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) Subtitle C: Amendments to Subtitle C (National Service Trust Program) Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) Subtitle F: Amendments to Subtitle F (Administrative Provisions) Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) Subtitle H: Amendment to Title III (Points of Light Foundation) Subtitle I: Amendments to Title V (Authorization of Appropriations) Title II: Amendments to the Domestic Volunteer Service Act of 1973 Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) Subtitle B: Amendments to Title II (National Senior Volunteer Corps) Subtitle C: Amendments to Title IV (Administration and Coordination) Subtitle D: Amendments to Title V (Authorization of Appropriations) Title III: Technical Amendments Subtitle A: Technical Amendments to the National and Community Service Act of 1990 Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 Title IV: Amendments to Other Laws National and Community Service Amendments Act of 1998 - Title I: Amendments to National and Community Service Act of 1990 - Subtitle A: Amendments to Subtitle A (General Provisions) - Amends the National and Community Service Act of 1990 (NCSA) to include among its purposes the expansion and strengthening of service-learning programs to improve the education of children and youth and maximize the benefits of national and community service. Subtitle B: Amendments to Subtitle B (School-Based and Community-Based Service-Learning Programs) - Revises NCSA with respect to school-based and community-based service-learning programs of the Corporation for National and Community Service (the Corporation). (Sec. 121) Authorizes the use of school-based grant funds for the provision of training and technical assistance to service-learning programs. Allows a State to apply for school-based service assistance either through a State educational agency (SEA) or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities. (Sec. 122) Repeals the Corporation's authority to assist local applicants in nonparticipating States and public or nonprofit organizations with grants for school-based service-learning programs. Repeals authority for local (as distinguished from State or tribal) applications for such grants. (Sec. 123) Revises the formula for school-based grant allotments to States. (Sec. 124) Repeals the limitation to States or Indian tribes of applications to the Corporation for school-based service-learning grants. Requires applications to give assurances that the applicant selected programs on a competitive basis. (Sec. 125) Increases from 15 percent to 25 percent the percentage of assistance which the original recipient of the grant or allotment may use for certain capacity-building activities. Authorizes the Corporation Chief Executive Officer (CEO) to place restrictions on the types and amounts of such activities. (Sec. 126) Allows a State to apply for community-based service program assistance either through an SEA or through a State Commission. Requires any State receiving such assistance to ensure that the SEA and the State Commission coordinate their respective activities. (Sec. 127) Repeals the limitation to public or private nonprofit organizations of eligibility (thus making for-profit organizations also eligible) to receive assistance for service-learning clearinghouse activities, as long as they have extensive experience with service-learning, including the use of adult volunteers to foster service-learning. (Sec. 128) Provides for reservation of funds for school-based grant payments to Indian tribes and territories. (Sec. 129) Authorizes the Corporation to make grants to, or enter into contracts or cooperative agreements with, eligible entities to support multi-State, demonstration, or other activities to improve or expand effective service-learning programs. (Sec. 130) Revises higher education programs for community service to include service-learning components. Provides for assistance in the form of contracts or cooperative agreements, as well as grants, for such programs. Makes eligible to apply for such assistance higher education institutions, including ones applying as part of a consortium with public or private nonprofit organizations, and State Commissions on National and Community Service or State agencies for higher education as part of a consortium with higher education institutions. Extends the Federal share of 50 percent of project cost to service-learning projects (and maintains that share for community service projects). Subtitle C: Amendments to Subtitle C (National Service Trust Program) - Prohibits the Corporation from making grants to Federal agencies (as opposed to contracts or cooperative agreements) to support national service programs. (Sec. 141) Specifies fiscal year limits on the Corporation's share of the cost of positions approved under the national service laws, as measured by the average budgeted cost per individual enrolled in an approved national service position, including administrative and support costs attributable to such individuals. (Sec. 143) Increases the minimum amount, and revises the maximum limit on the Federal share, for grants to assist State Commissions on National and Community Service. Repeals authority for national service program challenge grants. (Sec. 144) Authorizes the Corporation to make certain National Service Trust Program grant allotments to applicant States, the District Columbia, and the Commonwealth of Puerto Rico. Repeals the mandate to reserve certain funds for approved national service educational awards. Revises formulas for competitive distribution of remaining grant funds to States and other applicants, including local governments, Indian tribes, public or private nonprofit organizations (including labor unions), and higher education institutions. Revises requirements for grants for national service by individuals with disabilities. Requires grant recipient entities to use such funds to increase the participation of such individuals in activities carried out under the national service laws. (Current law requires use of funds to place a substantial number of such individuals as participants in National Service Trust Program projects.) Authorizes the Corporation to reserve a limited amount of funds to provide operational assistance to programs that receive approved national service positions but do not receive specified National Service Trust Program funds. Limits such operational support to not more than $1,000 per individual enrolled in an approved national service position. Authorizes the Corporation CEO to waive, or specify alternatives to, certain requirements for approved national service positions if this will further the purposes of the national service laws. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence. (Sec. 145) Adds consideration of the extent to which the program generates volunteer involvement, if applicable, to criteria for evaluating applications for assistance and approved national service positions. (Sec. 146) Revises requirements for selection of national service participants to provide that individuals who receive special leadership training from the Corporation prior to and upon assignment by the Corporation to national service programs shall not, by reason of their status as such leaders, be considered Federal employees, except for purposes of specified laws relating to compensation for work-related injuries and torts claims procedure. (Sec. 147) Revises terms of national service and eligibility conditions for receiving a national service educational award in cases of release for compelling personal circumstances. Authorizes the organization responsible for granting the release to: (1) determine if such circumstances are compelling, if the participant has performed satisfactorily and has completed at least 15 percent of the original term of service; and (2) certify the participant's eligibility for a portion of such award. (Sec. 148) Revises limitations on national service living allowances. Requires reduction of such an allowance by the amount of the individual's concurrent Federal Work-Study award. (Sec. 149) Authorizes the Corporation to waive, or specify alternatives to, certain requirements for matching funds and use of assistance. Prohibits waiver of, or alternatives to, certain requirements relating to labor union consultation and concurrence. Subtitle D: Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) - Makes National Service Trust funds available for: (1) national service scholarships and (2) administrative expenses to ensure effective Trust management. (Sec. 152) Requires the supervisory organization to certify that an individual is eligible to receive a national service educational award from the Trust. Revises eligibility requirements for those released for compelling personal circumstances to include satisfactory performance and completion of at least 15 percent of the required term of service. Provides that an individual may receive no more than the aggregate value of two full-time national service educational awards. (Sec. 153) Makes national service educational award amounts available to pay an individual's expenses incurred in enrolling at any educational institution or training establishment that meets requirements for veterans educational benefits. Expands the definition of qualified student loans for which such payments may be made to include certain loans made directly by the lender to the student. Transfers to the Corporation CEO the authority to approve whether a national service program may offer participants an alternative post-service benefit funded entirely from non-Federal resources. (Sec. 154) Establishes the national service scholarship program. Authorizes the Corporation to use amounts in the Trust to: (1) support the scholarship program to recognize high school juniors and seniors engaged in outstanding community service; and (2) supplement locally-funded scholarships to help cover an individual's postsecondary education or job training costs. Limits the Corporation's share of an individual's scholarship under such program to not more than $500. Subtitle E: Amendments to Subtitle E (National Civilian Community Corps) - Makes it an additional purpose of establishing the National Civilian Community Corps to provide a basis for determining whether residential service programs can meet national and community needs related to natural and other disasters in coordination with the Federal Emergency Management Agency and other public and private organizations. (Sec. 162) Requires the national service program component of the Corps to be residential. (Sec. 163) Increases the minimum age for Corps participation from 16 to 18 by the end of the calendar year in which the individual enrolls. Repeals the eligibility of persons between 18 and 24 who have not received a high school diploma or its equivalent. Allows, as an alternative to holding a high school diploma or equivalent, not having dropped out of elementary or secondary school to participate, and agreeing to obtain a high school diploma or equivalent. (Sec. 164) Authorizes the Corps Director to select individuals with prior supervisory or service experience to be Team Leaders in the Corps to perform service that includes leading and supervising teams of Corps Members. Requires such Team Leaders to be: (1) selected without regard to age limitation; (2) Corps members; and (3) given rights and benefits applicable to Corps Members, without the limitation on the amount of living allowance. (Sec. 165) Includes State Commissions among those to be consulted in developing Corps project proposals. Requires the Corps Director, in project selection, to place appropriate emphasis on projects addressing the environment and in support of disaster relief efforts. (Sec. 166) Eliminates the option of Corps members upon completion of a service period to elect a post-service benefit alternative (of cash or other suitable benefit) instead of a national service educational award (thus requiring them to receive the educational award). (Sec. 167) Transfers to the Corporation CEO specified duties of the Corps Director with respect to a permanent cadre of Corps supervisors and training instructors. Requires the CEO to include the Director in such cadre and consider the Director's recommendations in appointing the other cadre members. (Sec. 168) Requires the Corps Advisory Board to advise the Corporation CEO as well as the Corps Director. Includes nonprofit organizations and the Director of the Federal Emergency Management Agency among Advisory Board members. Subtitle F: Amendments to Subtitle F (Administrative Provisions) - Revises NCSA with respect to: (1) notice, hearing, and grievance procedures; (2) resolution of displacement complaints; and (3) agreements with States. Subtitle G: Amendments to Subtitle G (Corporation for National and Community Service) - Revises NCSA with respect to: (1) Corporation for National and Community Service terms of office; (2) peer reviewers; and (3) officers. Subtitle H: Amendment to Title III (Points of Light Foundation) - Revises NCSA to allow the Corporation CEO to serve as an ex officio, nonvoting member of the Points of Light Foundation's Board of Directors. Subtitle I: Amendments to Title V (Authorization of Appropriations) - Revises and extends through FY 2002 the authorization of appropriations for NCSA programs. Title II: Amendments to the Domestic Volunteer Service Act of 1973 - Subtitle A: Amendments to Title I (National Volunteer Antipoverty Programs) - Amends the Domestic Volunteer Service Act of 1973 (DVSA) to revise provisions for National Volunteer Antipoverty Programs with respect to the Volunteers in Service to America (VISTA) program's: (1) support of efforts by local agencies and organizations to achieve long-term sustainability of VISTA activities in the absence of Federal assistance; (2) operation by the Director of the ACTION agency; (3) funds for related public awareness and recruitment activities under the national service laws; (4) assistance in post-service transition; (5) cost-sharing; (6) limitation on number of terms of service; (7) grievance procedure; (8) competition requirement for grants and contracts; and (9) consideration, in merit selection of projects, on existing projects' needs as well as potential new projects. (Sec. 219) Repeals authority for the VISTA Literacy Corps. (Sec. 220) Repeals the prohibition against denying assistance to a project or program solely on the basis of the assistance already received. Requires the Corps Director to grant assistance to a project or program only on the basis of merit (as under existing law) and the achievement of sustainability. (Sec. 221) Repeals authority for special volunteer programs. Subtitle B: Amendments to Title II (National Senior Volunteer Corps) - Revises DVSA provisions for national older American volunteer programs. Renames them collectively the National Senior Volunteer Corps (Senior Corps), composed of the Retired and Senior Volunteer Program (RSVP), the Foster Grandparent Program (FGP), the Senior Companion Program (SCP), and demonstration and other programs of community service opportunities for people 55 years of age or older. (Sec. 233) Allows cost-defraying incentives to Retired and Senior Volunteer Program (RSVP) project volunteers who make a substantial commitment of time and coordinate activities, including training, and otherwise support other volunteers. Eliminates the requirement for State agency prior review of RSVP grants and contracts. (Sec. 234) Makes eligible for Foster Grandparent Program (FGP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older). (Sec. 235) Revises requirements for an agreement on FGP person-to-person services. Authorizes the agency responsible for providing such services to determine whether it is in the best interests of a child receiving, and of a particular foster grandparent providing, such services to continue such relationship after the child reaches the age of 21. Requires any foster grandparent replacement to be determined through the mutual agreement of all parties involved in the provision of services to the child. (Sec. 236) Raises the low-income ceiling for FGP eligibility from 125 percent to 150 percent of the poverty line amount. (Sec. 237) Allows individuals who are not low-income persons to serve as FGP volunteers, if their appointment does not prevent or displace low-income persons from being volunteers. Limits to ten percent of FGP appropriations the amount that may be used to cover any costs relating to FGP volunteers who are not low-income persons. (Sec. 238) Authorizes the ACTION Director to: (1) support Foster Grandparent Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of FGP volunteers. (Sec. 239) Makes eligible for Senior Companion Program (SCP) enrollment low-income individuals 55 or older, giving priority to those 60 or older (current law requires such volunteers to be 60 or older). (Sec. 240) Authorizes the ACTION Director to: (1) support Senior Companion Leaders who, by virtue of past volunteer experience, special skills, and demonstrated leadership abilities, may coordinate activities, including training; and (2) otherwise support the service of SCP volunteers. (Sec. 241) Revises provisions for grants for programs of national significance. Subtitle C: Amendments to Title IV (Administration and Coordination) - Deems volunteers in DVSA programs to be Federal employees for purposes of family and medical leave requirements. (Sec. 252) Permits program and project evaluation activities to include subjects relating to the national service laws, if the ACTION Director determines that this will assist the Corporation for National and Community Service in conducting more efficient evaluations and in avoiding duplication of effort and function. Repeals the mandate for evaluation of programs relating to services that assist families caring for frail and disabled adult family members. Subtitle D: Amendments to Title V (Authorization of Appropriations) - Extends through FY 2002 the authorization of appropriations under DVSA for: (1) the VISTA program; (2) National Senior Service Corps programs (RSVP, FGP, SCP, and programs of national significance); and (3) administration and coordination. (Sec. 264) Authorizes FY 1998 through 2002 appropriations for certain DVSA evaluation activities. Title III: Technical Amendments - Subtitle A: Technical Amendments to the National and Community Service Act of 1990 - Makes various technical amendments to NCSA. Subtitle B: Technical Amendments to the Domestic Volunteer Service Act of 1973 - Makes various technical amendments to DVSA. Title IV: Amendments to Other Laws - Makes technical amendments to the Higher Education Act of 1965, the Bilingual Education Act, and a specified Federal law relating to the Public Lands Corps. (Sec. 403) Repeals the eligibility of the Secretaries of Transportation and of Housing and Urban Development for NCSA funds for the Urban Youth Corps.
Bill· HRH.R. 3563 (105th)referred
United States · United States Congress · 26 March 1998
Biomedical Research Assistance Voluntary Option Act - Amends the Internal Revenue Code to allow a taxpayer to designate any income tax overpayment to be used for biomedical research conducted through the National Institutes of Health.
Bill· HRH.R. 3560 (105th)open
United States · United States Congress · 26 March 1998
Social Security Solvency Pilot Program Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to add a new part B (Individual Retirement Security Program). Establishes a system of personal retirement savings accounts which covered employees and self-employed individuals between the ages of 16 and 21 may elect, between November 30, 1998, and February 1, 1999, to open. Requires the Secretary of the Treasury to deposit into such an account (including any designated account of a covered employee or self-employed individual who is the spouse of another electing employee or individual) the equivalent of 2.5 percent of the wages or self-employed income with respect to which social security taxes were determined. Sets forth a formula for restricting the number of electing employees or individuals so that projected deposits do not exceed the surplus in the FY 1998 Federal budget. Requires periodic reports by account trustees to account holders. Makes the surplus in the FY 1998 Federal budget available for account deposits. Authorizes additional appropriations as necessary. (Sec. 4) Requires a 20 percent reduction in appropriations to the Federal OASDI and Disability Insurance Trust Funds, to the extent attributable to the taxes paid during the fiscal year with respect to a covered employee or self-employed individual. (Sec. 5) Provides for formula adjustments to primary OASDI insurance amounts of such covered individuals with designated accounts in such program. (Sec. 6) Amends the Internal Revenue Code to allow a tax deduction in the case of an electing personal retirement savings account participant in an amount equal to 50 percent (up to $2,000) of the amount the individual contributed during the taxable year to a personal retirement savings account maintained for the individual's benefit, regardless of whether or not the taxpayer itemizes other deductions. Excludes from gross income any amount deposited in a personal retirement savings account. Includes distributions in gross income as if they were social security benefits. Allows an excise tax on excess contributions to a personal retirement savings account. (Sec. 8) Prescribes requirements for investment of the Trust Funds in marketable securities during FY 1999.
Bill· HRH.R. 3562 (105th)referred
United States · United States Congress · 26 March 1998
Employee Participation Incentive Act of 1998 - Amends the Internal Revenue Code to: (1) establish a maximum tax rate of 30 percent for certain corporations with both an employee voting and value percentage of at least 20 percent; (2) provide an exclusion, of up to 20 percent of wages, from gross income for compensation paid in stock by certain corporations; and (3) permit a deduction to certain corporations when granting qualified stock options.
Bill· HRH.R. 3558 (105th)referred
United States · United States Congress · 26 March 1998
Amends the Tax Reform Act of 1984 to provide for the termination of the exception for certain real estate investment trusts from the treatment of stapled entities.
Bill· SS. 1856 (105th)referred
United States · United States Congress · 25 March 1998
Enhanced Savings Opportunities Act - Amends the Internal Revenue Code to permit maximum employee contributions to a defined contribution plan to be the lesser of either $30,000 or the participant's compensation, rather than the lesser of $30,000 or 25 percent of the participant's compensation. Makes conforming amendments regarding tax-exempt, educational, and State and local employee annuity plans.
Bill· HRH.R. 3556 (105th)referred
United States · United States Congress · 25 March 1998
TABLE OF CONTENTS: Title I: Defense Title II: Other Discretionary Accounts Title III: Entitlements Title I: Defense - Directs the Secretary of Defense to reduce: (1) by FY 2004 the Department of Defense (DOD) strategic nuclear force to include a maximum of 300 Minuteman III intercontinental ballistic missiles; and (2) DOD theater missile defense programs by terminating the Navy sea-based area theater missile defense system, the Army Medium Extended Air Defense System, the Air Force airborne laser for destruction of missiles system, and the Space and Missile Tracking System. (Sec. 102) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for the production of Trident II (D-5) missiles for the Navy. Requires the Secretary to retire eight Trident I submarines during FY 2001 through 2004. (Sec. 103) Prohibits funds from being appropriated to DOD for fiscal years after 1998 for: (1) assistance to Israel for development of the Arrow missile; and (2) research, development, test, and evaluation or for procurement for the Marine Corps V-22 Osprey aircraft program. (Sec. 105) Requires the Secretary to retire 20 Air Force KC-135E aircraft during each of FY 1999 through 2003. (Sec. 106) Directs the Secretary to assign to a unit of the armed forces members who are: (1) in transit during a scheduled move from one military installation to another; or (2) undergoing military training other than basic training. (Sec. 107) Amends the Arms Export Control Act to provide that any sale of major defense equipment approved under such Act shall include an appropriate charge for costs incurred by the United States in the research, development, and production of such equipment. Provides an exception. Repeals a provision of such Act which allows for the recovery of certain administrative expenses when such expenses are neither salaries of U.S. armed forces nor unfunded estimated costs of civilian retirement and other benefits. Title II: Other Discretionary Accounts - Requires the Administrator of the National Aeronautics and Space Administration (NASA) to terminate U.S. participation in the International Space Station program. Authorizes appropriations for termination costs. (Sec. 202) Amends the Rural Electrification Act of 1936 to require the interest rates on loans and advances under such Act to equal the coupon equivalent yield on Treasury obligations of comparable maturity at the most recent Treasury auction. Provides for loan origination fees from borrowers of loans made under such Act. Eliminates references to existing interest rates under such Act. (Sec. 203) Amends the National Forest Management Act of 1976 to eliminate below-cost timber sales from National Forest System lands. (Sec. 204) Repeals provisions of the Agricultural Trade Act of 1978 regarding the foreign market development cooperator program. (Sec. 205) Repeals provisions of the Food, Agriculture, Conservation, and Trade Act of 1990 regarding the Cochran Fellowship Program. (Sec. 206) Prohibits the NASA Administrator from obligating funds for the Advanced Subsonic Technology Program, High-Speed Research, or the National Aeronautics Facility. (Sec. 207) Repeals the Appalachian Regional Development Act of 1965 effective September 30, 1998. (Sec. 208) Amends the Tennessee Valley Authority Act of 1933 to prohibit the authorization of appropriations to carry out such Act after September 30, 1998. Title III: Entitlements - Requires, for any arrangement for the sale of electric power entered into by a Federal Power Marketing Administration after October 1, 1998, that: (1) the rate for the sale of power be the market rate established by competitive bidding and no discount be provided to any purchaser; and (2) no entity be entitled to any preference or priority right to contract for or purchase such power. Makes certain provisions of the Pacific Northwest Electric Power Planning and Conservation Act regarding a residential power exchange program inapplicable to arrangements for the purchase or sale of electric power entered into after October 1, 1998. Prohibits Federal Power Marketing Administrations from entering into or renewing a power marketing contract for a term that exceeds five years. (Sec. 302) Repeals provisions of the Agricultural Trade Act of 1978 regarding a market access program. (Sec. 303) Amends the Agricultural Act of 1949 to extend and increase tobacco price support program marketing assessments on producers, purchasers, and importers. (Sec. 304) Amends the Higher Education Act of 1965 to provide for the payment of in-school interest by certain student loan borrowers. (Sec. 305) Amends Federal veterans' provisions to increase from $2 to $5 the prescription drug copayment required from certain veterans. Extends such requirement through FY 2003.
Bill· HRH.R. 3548 (105th)referred
United States · United States Congress · 25 March 1998
Environmental Priorities Act of 1998 - Makes this Act effective for a consumer sector in any State in the first year after all of a State's regulated and nonregulated electric utilities have established retail electric service choice for customers in such sector, but no earlier than 2001. Requires providers of retail electric services to contribute to the fiscal agent for the Environmental Priorities Board (established by this Act) ten percent of the total consumer savings for the consumer sector for that calendar year. Defines: (1) "consumer savings" as the amount by which the potential rate for electric energy provided to a consumer sector exceeds the current rate for the sector, multiplied by the sector's total consumption (in kilowatt-hours) during a calendar year; and (2) "potential rate" as the average kilowatt-hour rate paid by the provider's customers in that sector during the 12-month period preceding the date on which retail electric service choice was established, adjusted for inflation. Requires the Administrator of the Environmental Protection Agency to establish a National Environmental Priorities Board. Directs the Board to: (1) establish regulations governing creation of an Environmental Priorities Program, to include criteria and methods of selecting State projects to receive support; and (2) enter into arrangements with a non-federal fiscal agent to receive and disburse contributions described by this Act. Authorizes States in which retail electric service choice has been established for any consumer sector to establish public purpose programs and apply for matching funding to support environmental priorities programs. Requires the fiscal agent to distribute contributions to States to carry out such programs.
Bill· HRH.R. 3552 (105th)referred
United States · United States Congress · 25 March 1998
Amends the Internal Revenue Code to permit: (1) annual carryover of up to $500 of unused nontaxable cafeteria plan and flexible spending arrangement benefits; or (2) such carryover to be distributed as taxable income, or rolled over tax free to certain retirement plans, an education individual retirement plan, or a medical savings account.
Bill· HRH.R. 3554 (105th)referred
United States · United States Congress · 25 March 1998
Amends the Internal Revenue Code to allow: (1) a rollover contribution to an individual retirement account from a State or local government deferred compensation plan (section 457 plan); and (2) such an entity to maintain a 401k plan.
Bill· HRH.R. 3549 (105th)referred
United States · United States Congress · 25 March 1998
Amends the Internal Revenue Code to repeal specified taxes on diesel fuel and gasoline used in trains.
Bill· HRH.R. 3532 (105th)open
United States · United States Congress · 24 March 1998
TABLE OF CONTENTS: Title I: Authorization Title II: Other Provisions Nuclear Regulatory Commission Authorization Act for Fiscal Year 1999 - Title I: Authorization - Authorizes appropriations from the Nuclear Waste Fund for FY 1999 for: (1) the Nuclear Regulatory Commission (NRC); and (2) the NRC Office of Inspector General. (Sec. 102) Allocates such appropriations among: (1) Nuclear Reactor Safety; (2) Nuclear Materials Safety; (3) Nuclear Waste Safety; (4) Common Defense and Security and International Involvement; (5) Protecting the Environment; and (6) Management and Support. Restricts the NRC from using more than one percent of such allocations to make grants and enter into cooperative agreements with organizations such as universities, State and local governments, and not-for-profit institutions. Mandates NRC notification to the Congress as a prerequisite to specified reallocations. Restricts the use of Nuclear Waste Fund appropriations solely to NRC high-level nuclear waste activities. (Sec. 104) Authorizes the NRC to transfer specified funds from non-Nuclear Waste Fund appropriations to its Office of Inspector General. (Sec. 106) Requires that appropriations for NRC regulatory assistance to Federal agencies for activities that do not derive their funding from the Nuclear Waste Fund be excluded from the calculation of the aggregate amount of specified charges. (Sec. 107) Amends the Omnibus Budget Reconciliation Act of 1990 to extend through FY 2003 NRC authority to assess and collect user fees and annual charges. Title II: Other Provisions - Amends the Atomic Energy Act of 1954 to repeal the requirement that the NRC maintain an office for the service of process and papers within the District of Columbia. (Sec. 202) Provides that the initial duration of a combined construction and operating license for a production or utilization facility may not exceed 40 years from the date on which the NRC finds, prior to facility operation, that specified statutory acceptance criteria have been met. (Sec. 203) Establishes a fund in the Treasury to receive gifts, bequests, and donations of real and personal property to the NRC. Prescribes NRC duties regarding such acquisitions. (Sec. 204) Prescribes guidelines for the carrying of firearms and the authority to make arrests by employees or contractors of NRC licensees or certificate holders for the protection of property of significance to the common defense and security located at facilities owned or operated by an NRC licensee or certificate holder or being transported to or from such facilities. (Sec. 205) Revises the crime of sabotage of Federal nuclear facilities to cover any production, utilization, waste storage, treatment, disposal, uranium enrichment, or nuclear fuel fabrication facility subject to licensing or certification under this Act during its construction where the destruction or damage caused or attempted could affect public health and safety during facility operation. (Sec. 206) Authorizes the NRC to issue trespass regulations relating to property subject to its licensing or certification authority. (Sec. 207) Amends the Energy Reorganization Act of 1974 to prescribe guidelines for temporary continuation of service by an NRC commissioner whose term has expired.
Bill· HRH.R. 3542 (105th)open
United States · United States Congress · 24 March 1998
O&C Lands Protection Act - Establishes specified limitations on the sale and exchange out of Federal ownership by the Secretary of the Interior of O&C and public domain lands within the Bureau of Land Management's (BLM) Medford, Roseburg, Eugene, Salem, and Coos Bay districts and the Klamath Resource Area of the Lakeview District (geographic area) in Oregon. Defines "O&C lands" as certain lands originally granted in Oregon for purposes of establishing railroad and telegraph lines that revested in the United States. (Sec. 3) Bars the Secretary from selling or exchanging out of Federal ownership any O&C or public domain lands within the geographic area located within: (1) a congressionally designated wilderness area; (2) the national wild and scenic river system; or (3) an area designated to be of critical environmental concern. Sets forth provisions regarding prices and procedures for making such land sales. Authorizes the Secretary to: (1) use the O&C Lands Protection Fund (established by this Act) to purchase non-Federal lands located within the geographic area that are contiguous to other O&C or public domain lands; and (2) give first priority to acquiring lands adjacent to streams, riparian areas, or wildlife corridors within such area used by endangered or threatened species. (Sec. 4) Sets forth procedures for exchanges as well as requirements for the value of exchanged lands. (Sec. 5) Directs the Secretary to: (1) determine annually whether there has been a net reduction in the acreage of O&C lands during the preceding fiscal year as a result of disposal of lands by the United States; (2) designate an equivalent number of acres of public domain lands within the geographic area for treatment as O&C lands, if there was a reduction; and (3) designate such public domain lands that are stocked with timber in volumes per acre that are not less than the average volumes found on the O&C lands and public domain lands in the area that were disposed of during the preceding fiscal year. (Sec. 6) Establishes the O&C Lands Protection Fund to be available for purchasing lands, making equalization payments, and making distributions to the State of Oregon and the counties within the geographic area. (Sec. 7) Allocates revenues received by the United States from the sale of timber and other surface resources from public domain lands within such area to the State of Oregon, the affected counties, and the Salmon Habitat Restoration Fund. Establishes the Salmon Habitat Restoration Fund for specified activities within the geographic area.
Bill· HRH.R. 3534 (105th)open
United States · United States Congress · 24 March 1998
Mandates Information Act of 1998 - Amends the Congressional Budget Act of 1974 to require a congressional committee report on any bill or joint resolution that includes any Federal private sector mandate to contain information concerning the impact of such mandate on consumers, workers, and small businesses, including any disproportionate impact in particular regions or industries. Revises provisions concerning legislation subject to a point of order to: (1) define the point of order for a determination by the Director of the Congressional Budget Office that it is not feasible to determine the economic impact of a Federal mandate; and (2) replace certain references to Federal intergovernmental mandates with references to Federal mandates with respect to legislation reported by the Appropriations Committees. Provides a point of order against consideration of legislation that would increase the direct costs of Federal private sector mandates by an amount that causes the stated threshold of $100 million per fiscal year to be exceeded. Requires the Director, at the request of a Senator, to prepare an estimate of the direct costs of a Federal mandate (currently, Federal intergovernmental mandate) contained in such Senator's amendment.
Bill· HRH.R. 3531 (105th)referred
United States · United States Congress · 24 March 1998
New Mothers' Breastfeeding Promotion and Protection Act of 1998 - Amends the Civil Rights Act of 1964 to include breastfeeding or expression of milk from the breast to feed a child among those activities for which a woman may not be discriminated against in employment. (Sec. 4) Amends the Internal Revenue Code to allow a tax credit for 50 percent of employer expenses for providing an appropriate environment on business premises for employed mothers to breastfeed or express milk for their children. (Sec. 5) Directs the Secretary of Health and Human Services (HHS) to put into effect a performance standard for breast pumps irrespective of the class to which the device has been classified under the Federal Food, Drug, and Cosmetic Act, identifying those pumps appropriate for use on a regular basis in a place of employment based on the efficiency and effectiveness of the pump and on sanitation factors related to communal use. Requires the Secretary, acting through the Commissioner of Food and Drugs, to issue a compliance policy guide which will assure that women who want to breastfeed a child are given full and complete information about breast pumps. (Sec. 6) Amends the Family and Medical Leave Act of 1993 (FMLA), and Federal civil service law, to require family and medical leave for nursing mothers' breaks, if the lactating mothers are entitled to specified leave as private or public employees under such law. Directs the Secretary of Labor to promulgate regulations to implement such FMLA requirement. (Sec. 7) Directs the Secretary of HHS, acting through the Maternal and Child Health Bureau of the Health Resources and Services Administration and in cooperation with the Secretary of Agriculture and other appropriate Federal agency heads, to undertake a campaign aimed at health professionals and the general public to promote the benefits of breastfeeding for infants, mothers, and families, especially public and private health professionals providing health services under Federal programs (including those for Federal employees). (Sec. 8) Amends the Child Nutrition Act of 1966 to allow State agencies to use funds made available for food benefits (including savings from infant formula cost containment) for breastfeeding promotion and support activities under the special supplemental nutrition program for women, infants, and children (the WIC program).
Bill· HRH.R. 3536 (105th)referred
United States · United States Congress · 24 March 1998
Boat Building Investment Act of 1998 - Amends the Internal Revenue Code to allow a personal tax credit (20 percent of the cost, $10 million maximum) for the purchase of a new U.S.-made luxury yacht. Sets forth credit recapture rules upon disposition or registration or maintenance outside the United States. Directs the Secretary of Commerce to establish a grant program to: (1) encourage persons outside the United to purchase such yachts; and (2) train yacht workers. Authorizes appropriations.
Bill· HRH.R. 3530 (105th)open
United States · United States Congress · 24 March 1998
Forest Recovery and Protection Act of 1998 - Directs the Secretary of Agriculture to: (1) begin a national program of U.S. forest land recovery and protection; and (2) identify and prioritize recovery areas, and allocate amounts from the Forest Recovery and Protection Fund for such activities. Sets forth program provisions regarding: (1) project selection; (2) prohibited areas; and (3) reporting requirements. (Sec. 5) Establishes a Scientific Advisory Panel to assist the Secretary. (Sec. 6) Directs the Secretary to: (1) conduct an initial number of advance recovery projects; and (2) prepare a national pilot program monitoring plan. (Sec. 8) Establishes in the Treasury the Forest Recovery and Protection Fund, which shall be administered by the Chief of the Forest Service. (Sec. 9) Authorizes appropriations through the later of September 30, 2005, or September 30 of the fifth full fiscal year following the implementation date of this Act. (Sec. 10) Sets forth audit requirements. (Sec. 11) Directs the Secretary to: (1) establish a public and private forest inventory and analysis program; (2) prepare an annual forest inventory for each State; (3) develop and publish national standards and definitions for forest inventory and analysis; and (4) prepare a strategic implementation plan.
Bill· HRH.R. 3541 (105th)referred
United States · United States Congress · 24 March 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· HRH.R. 3533 (105th)referred
United States · United States Congress · 24 March 1998
Real Estate Investment Trust Tax Equity Act - Amends the Tax Reform Act of 1984 to repeal the exception for certain real estate investment trusts (REIT) from the rules regarding the tax treatment of "stapled entities."
Resolution· HRESH.Res. 392 (105th)passed
United States · United States Congress · 24 March 1998
Expresses the sense of the House of Representatives that Japan, because of its economic and technological achievements and democratic political system, should enhance alliance cooperation and raise its position of regional partnership by urgently: (1) undertaking broader and faster deregulation of its economy in order to promote opportunities for foreign firms (including foreign investment), improve transparency and disclosure, reward innovation and competition, and reduce systemic risk; (2) opening its distribution system to eliminate exclusionary and discriminatory business practices that limit imports and stifle economic growth and competition there; (3) honoring and implementing its bilateral trade agreements with the United States as well as its multilateral trade commitments; (4) addressing its fiscal problems in a manner that does not jeopardize economic recovery, including significant tax cuts and certain steps to solve systemic problems in the banking system; and (5) adopting all appropriate policies to strengthen the Japanese yen.
Resolution· HCONRESH.Con.Res. 248 (105th)referred
United States · United States Congress · 24 March 1998
Expresses the sense of the Congress that the Internal Revenue Code should be reformed by a certain date in a manner that: (1) protects the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund; (2) is revenue neutral; (3) encourages savings and investment; and (4) results in a fair and less complicated tax code.
Bill· SS. 1814 (105th)referred
United States · United States Congress · 23 March 1998
TABLE OF CONTENTS: Title I: Structural Changes Title II: Management Title III: Government Travel Reform Title IV: Procurement Provisions Title V: Operations - Use of Reserves Title VI: Intelligence Personnel Management Title VII: Defense Base Closure and Realignment Act of 1998 Department of Defense Reform Act of 1998 - Title I: Structural Changes - Eliminates: (1) the position of Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs; and (2) the requirement that such Assistant Secretary be Staff Director to the Joint Nuclear Weapons Council. (Sec. 102) Redesignates the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict as the Assistant Secretary of Defense for Special Operations and Humanitarian Activities. (Sec. 103) Directs the Under Secretary of Defense for Acquisition and Technology to establish policy and requirements for the educational programs of the defense acquisition university structure. (Sec. 104) Eliminates the position of Director of Acquisition Education, Training, and Career Development. (Sec. 105) Requires the Secretary of Defense (Secretary) to appoint a Chancellor for Education and Professional Development to exercise authority, direction, and control over Department of Defense (DOD) education and professional development programs, other than those related to professional military education and training. (Sec. 106) Allows (currently, requires) certain institutions to be included in the National Defense University and authorizes additional institutions to be included in the future. (Sec. 107) Amends the Department of Defense Appropriations Act, 1998 to repeal: (1) a fiscal year funding limitation on the relocation of a DOD organization or function into or within the National Capital Region; and (2) a limitation on the management of a Dod field operating agency. (Sec. 109) Repeals provisions requiring a phased reduction in the number of DOD management headquarters and headquarters support activities personnel. (Sec. 110) Amends the National Defense Authorization Act for Fiscal Year 1998 to repeal a limitation on the reorganization of airborne reconnaissance management. Title II: Management - Repeals provisions requiring an annual certification from the Secretaries of the military departments and the heads of defense agencies that civilian DOD employees have not been managed under any end strength limitations. (Sec. 202) Extends through FY 2003 certain early retirement provisions, separation benefits and incentives, and related force reduction transition authorities, including the use of educational benefits under the Montgomery GI Bill. Allows the Secretary to authorize a military department Secretary to reduce from three to two years the time-in-grade requirement for retention of grade upon voluntary retirement with respect to reserve officers. (Sec. 203) Revises the Federal employee early retirement program to require an employee, in order to be eligible for such program, to be employed continuously by the agency involved for more than 30 days, to be serving under an appointment that is not time-limited, and to not be under notice of involuntary separation for misconduct or unacceptable performance. Requires the agency involved to be undergoing a major reorganization, reduction in force, or transfer of function in order to offer such early retirement. Revises similarly early retirement provisions for the Senior Executive Service. Title III: Government Travel Reform - Revises military pay and allowances provisions to: (1) allow a member to receive a monetary allowance in lieu of the payment of household goods transportation costs; (2) require that such allowance provide an overall cost savings to the Government and be paid in advance of the transportation of such goods; and (3) make appropriations currently available for the payment of such transportation costs also available for the payment of such monetary allowances. (Sec. 302) Authorizes the Secretary to acquire official and unofficial travel services under a single procurement conducted under Federal defense procurement requirements and regulations. Allows contracts pursuant to such a procurement to provide for credits, discounts, commissions, or other fees based on the amount of travel-related sales generated by such services. Title IV: Procurement Provisions - Authorizes the Secretary to prescribe regulations that authorize verification using statistical sampling procedures, after payment, of the receipt and acceptance of goods and services. (Sec. 402) Redesignates "major defense acquisition programs" as "major systems." Revises provisions limiting the participation of contractor personnel in the DOD operational test and evaluation of a major system. Requires assurance of the impartiality of such employees and the integrity of the testing and evaluation, with certain verification steps to be taken by the Secretary when utilizing such personnel. (Sec. 403) Amends the Federal Property and Administrative Services Act of 1949 to allow Federal surplus property disposals, and contracts for such disposals, to be negotiated without the use of public advertisement and full and open competition: (1) when necessary in the public interest during a national emergency; (2) for public health, safety, or national security promotion; (3) for public exigency; (4) when public disposal would cause an adverse impact on an industry sufficient to affect the national economy; (5) when bid prices after public advertising are not reasonable; (6) when the character or condition of the property involved makes it impractical to advertise publicly; (7) when the disposal will be to U.S. states, territories, possessions, or subdivisions thereof; (8) when a non-advertised sale would be advantageous to the Government; and (9) when such a disposal is otherwise authorized by such Act or other law. (Sec. 404) Repeals procurement contract fee limitations with respect to: (1) performance of experimental, developmental, or research work; (2) architectural and engineering services; and (3) the employment of outside architects and engineers. Title V: Operations - Use of Reserves - Excludes from military personnel end strength limitations members of the reserves (enlisted and officer personnel) on active duty and National Guard personnel on full-time duty to participate in emergency preparedness programs involving the use of a weapon of mass destruction. Authorizes such personnel to perform any duties in support of such programs. Provides authority to order a member of the reserves to active duty for an additional 21 days beyond his or her prescribed duty period in order to perform such emergency preparedness assistance. Title VI: Intelligence Personnel Management - Repeals the authority of the Secretary to establish defense intelligence positions in the individual military departments (allowing such appointments only in DOD). (Sec. 602) Provides for the transfer of appropriate employees from the defense civilian intelligence personnel system to the Federal competitive service system. Title VII: Defense Base Closure and Realignment Act of 1998 - Defense Base Closure and Realignment Act of 1998 - Establishes an independent Defense Base Closure and Realignment Commission. Authorizes appropriations for the Commission. Terminates the Commission on December 31, 2005. (Sec. 703) Directs the Secretary, as part of the DOD budget justification for each of FY 2002 and 2006, to include a force structure plan for each military department based on an assessment of probable national security threats during the six-year period for which the budget request is made and of the anticipated funding levels that will be available during such period for national defense purposes. Requires the Secretary to publish in the Federal Register and transmit to the defense committees the proposed and final criteria to be used in making recommendations for the closure or realignment of military installations inside the United States. Directs the Secretary, on May 15, 2001, and May 16, 2005, to publish and transmit to such committees a list of installations recommended for closure or realignment on the basis of the such force structure and final criteria. Requires the inclusion of a summary of the selection process used in making such recommendations. Prohibits the Secretary, in making such recommendations, from taking into consideration any advance conversion planning undertaken by a community in anticipation of a closure or realignment. Directs the Secretary to make all information used in making base closure recommendations available to the Commission and the Comptroller General. Requires the following individuals, when submitting base closure or realignment information to the Secretary, to certify its accuracy and completeness: (1) the Secretaries of the military departments; (2) the heads of defense agencies; and (3) each person having duties which include personal and substantial involvement in the preparation and submission of such information. Directs the Commission, after receiving the Secretary's recommendations, to conduct public hearings and report to the President on its findings, conclusions, and recommendations for base closures and realignments. Allows the Commission to change a recommendation made by the Secretary when it finds that it deviates substantially from the force structure plan and final criteria. Prohibits the Commission, when making recommendations, from taking into account any advance conversion planning undertaken by an affected community in anticipation of a base closure or realignment. Directs the President, each year in which the Commission makes recommendations, to transmit to the Commission and the Congress a report containing the President's approval or disapproval of such recommendations, together with reasons therefor. (Sec. 704) Directs the Secretary to: (1) close or realign all military installations as recommended by the Commission; and (2) initiate all such closures and realignments within two years, and complete all such closures and realignments within six years, after the President transmits such report. Prohibits any such closure or realignment if disapproved by a congressional joint resolution. (Sec. 705) Outlines closure or realignment implementation requirements, including economic adjustment and community planning assistance for affected communities, environmental restoration, and outplacement assistance for displaced employees. Directs the Administrator of General Services to delegate to the Secretary appropriate authorities for disposing property at targeted installations. Directs the Secretary, before disposing or transferring such property, to consult with State governors and heads of local governments to consider any plan for the use of such property by the local community concerned. Allows for a transfer of property without consideration in the case of an installation located in a rural area whose closure or realignment will have a substantial adverse impact on local communities and on their prospects for economic recovery. Authorizes a transfer of property to the local redevelopment authority (RA) involved, under certain conditions. Requires a determination as to whether another Federal department or agency can use a portion of a closed or realigned installation or will accept transferred property to be made within six months after the date of closure or realignment approval. Requires an RA to which property is transferred to undertake outreach efforts to provide information on the buildings and property involved to representatives of the homeless. Requires such representative to submit to the RA specified information in a notice of interest in such buildings and property, including the homeless assistance program proposed to be carried out at the installation. Directs the RA for each covered installation to prepare and submit to the Secretaries of Defense and Housing and Urban Development (HUD) a redevelopment plan for the use of such installation to assist the homeless. Provides for reversion to the RA if the property is not used for such purposes. Directs the HUD Secretary to complete a review of such plan, taking into consideration and being receptive to the predominant views on such plan by the local communities, and to approve or disapprove of the plan (allowing an RA to revise disapproved plans). Directs the Secretary, upon a determination by the HUD Secretary that a plan meets appropriate requirements, to dispose of the buildings and property at such installation (requiring compliance with environmental requirements). Authorizes the Secretary, if it is considered to be in the best interests of the affected communities, to: (1) postpone or extend any deadline required under this section; or (2) enter into agreements with local governments for fire and police services, airfield operations, and other community services for closed or realigned installations, under certain conditions. Authorizes the Secretary to enter into an agreement to transfer property designated for an RA to any person who agrees to perform all required environmental restoration, waste management, and environmental compliance activities. Requires property recipients to pay at least 50 percent of all compliance costs. Authorizes the Secretary to transfer such property to a person who agrees, in exchange, to transfer to the Secretary housing units located at or near a military installation at which there is a shortage of suitable military housing, under certain conditions. Requires a report from the Secretary to the defense committees on any proposed exchange agreement. Authorizes the Secretary, in closing or realigning an installation, to purchase housing ownership interests of military personnel at manufactured housing parks established at an installation to be closed or realigned under this Act when: (1) it is in the best interest of the Federal Government to eliminate or relocate such park; and (2) such elimination or relocation would result in an unreasonable financial hardship to current owners. (Sec. 706) Establishes in the Treasury the Department of Defense Base Closure Account 1998, requiring Account funds to be used for environmental restoration and property management and disposal at installations closed or realigned under the Defense Base Closure and Realignment Act of 1990. Requires annual reports from the Secretary to the defense committees on deposits into, and expenditures from, the Account, and requires a report to such committees 60 days after termination of the Secretary's authority to close or realign an installation. (Sec. 707) Requires annual reports from the Secretary to the defense committees, beginning with the budget request for FY 2005, which shall include: (1) a schedule of the closure and realignment actions to be carried out, estimated total expenditures and cost savings, and any adverse environmental effects; and (2) a description of installations to which functions are to be transferred as a result of such closures and realignments. (Sec. 708) Outlines procedures for congressional consideration of a joint resolution disapproving a Commission recommendation of a base closure or realignment. (Sec. 709) Mandates that, during the period beginning on the date of enactment of this Act and ending on December 31, 2005, this title shall be the exclusive authority for selecting or carrying out the closure or realignment of a military installation inside the United States. Prohibits, with exceptions, any other DOD funds from being used for such closures or realignments.
Bill· SS. 1812 (105th)referred
United States · United States Congress · 23 March 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 and Medical Program of the Uniformed Services (CHAMPUS) concerning the defense dental 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· SS. 1813 (105th)referred
United States · United States Congress · 23 March 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 Division B: Military Construction Authorizations - 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. 3529 (105th)open
United States · United States Congress · 23 March 1998
Internet Tax Freedom Act - Prohibits, for three years after enactment of this Act, any State or political subdivision from imposing, assessing, collecting, or attempting to collect specified taxes on Internet access and services, with an exception for taxes imposed by State statute enacted prior to March 1, 1998. Directs the Secretaries of the Treasury, State, and Commerce to examine the international taxation of domestic and international communications and transactions using the Internet as well as the taxation of goods and services imported and exported using the Internet. Directs the President to transmit to the appropriate congressional committees policy recommendations on such taxation. Establishes the Commission on Electronic Commerce to examine a uniform system of definitions of remote commerce subject to sales and use tax within each State and a simplified system for such taxes, as well as related issues. Directs the Commission, following such examination, to transmit to the President proposed legislation. Directs the President to then report to the Congress either approving or disapproving such legislation. Requires the Commission to submit the proposed legislation to the Congress. Provides for the expedited congressional consideration of such legislative recommendations. Expresses the sense of the Congress that the President should seek bilateral and multilateral agreements through various international organizations to establish that commercial transactions using the Internet be free from tariff and taxation.
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