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Bill· HJRESH.J.Res. 114 (105th)referred
United States · United States Congress · 4 March 1998
Disapproves the President's determination contained in the foreign assistance certification submitted to the Congress on February 26, 1998, that Mexico has cooperated fully with the United States to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Waives requirements of the Foreign Assistance Act of 1961 to withhold U.S. assistance and to vote against multilateral development bank assistance to Mexico until March 1, 1999, if at any time after this Act's enactment the President submits to the Congress a determination and certification that vital U.S. national interests so require.
Bill· SJRESS.J.Res. 42 (105th)failed
United States · United States Congress · 3 March 1998
Disapproves the President's determination contained in the foreign assistance certification submitted to the Congress on February 26, 1998, that Mexico has cooperated fully with the United States to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
Bill· SJRESS.J.Res. 43 (105th)referred
United States · United States Congress · 3 March 1998
Disapproves the President's determination contained in the foreign assistance certification submitted to the Congress on February 26, 1998, that Mexico has cooperated fully with the United States to achieve full compliance with the goals and objectives established by the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. Waives provisions of the Foreign Assistance Act of 1961 relating to the withholding of bilateral assistance and opposition to multilateral development assistance to Mexico during FY 1998 if at any time after this Act's enactment the President submits to the Congress a certification that vital U.S. national interests so require.
Bill· HRH.R. 3303 (105th)open
United States · United States Congress · 3 March 1998
TABLE OF CONTENTS: Title I: Authorization of Appropriations for Fiscal Years 1999, 2000, and 2001 Subtitle A: Specific Provisions Subtitle B: General Provisions Title II: Authorizations of Appropriations for Programs Title III: Permanent Enabling Legislation Title IV: Miscellaneous Department of Justice Appropriation Authorization Act, Fiscal Years 1999, 2000, and 2001 - Title I: Authorization of Appropriations for Fiscal Years 1999, 2000, and 2001 - Subtitle A: Specific Provisions - Authorizes appropriations for FY 1999 through 2001 to the Department of Justice (DOJ) for: (1) general administration; (2) administrative review and appeals; (3) the Office of Inspector General; (4) general legal activities; (5) the Antitrust Division; (6) United States Attorneys; (7) the Federal Bureau of Investigation (FBI); (8) the United States Marshals Service; (9) the Drug Enforcement Administration; (10) the Immigration and Naturalization Service (INS); (11) fees and expenses of witnesses; (12) interagency crime and drug enforcement; (13) the Federal Prison System; (14) the Foreign Claims Settlement Commission; (15) the Community Relations Service; (16) the Assets Forfeiture Fund; (17) the support of U.S. prisoners in non-Federal institutions; and (18) the United States Parole Commission. (Sec. 102) Limits the funds available to Federal Prison Industries which may be used for administrative expenses and the employment of experts and consultants. Subtitle B: General Provisions - Directs the Attorney General to appoint 200 additional assistant U.S. attorneys by September 30, 2000. Authorizes appropriations. Title II: Authorizations of Appropriations for Programs - Amends the Crime Control and Law Enforcement Act of 1994 to authorize appropriations for FY 1999 and 2000 for: (1) expeditious deportation for denied asylum applicants; (2) Federal victim's counselors (under the Violence Against Women Act of 1994); (3) improving border patrols; (4) expanded special deportation proceedings; (5) training programs; (6) the Missing Alzheimer's Disease Patient Alert Program; (7) the Motor Vehicle Theft Prevention Program; and (8) rural domestic violence and child abuse enforcement assistance (under the Violent Crime Control and Law Enforcement Act of 1994). (Sec. 203) Amends the Antiterrorism and Effective Death Penalty Act of 1996 to authorize appropriations for FY 1999 and 2000 for metropolitan fire and emergency services training in responding to terrorist attacks and for research and development to support counter- terrorism technologies. (Sec. 204) Extends through FY 2000 the authorization for the Attorney General to transfer real or personal property of limited or marginal value to a State or local government agency or its designated contractor or transferee for use to support drug abuse treatment, drug and crime prevention and education, housing, job skills, and other community-based public health and safety programs. Specifies that such transfer shall be subject to satisfaction by the recipient involved of any outstanding lien against the property transferred. (Sec. 205) Amends the Communications Assistance for Law Enforcement Act to authorize appropriations for FY 1999 and 2000. Title III: Permanent Enabling Legislation - Amends the Federal judicial code to authorize the Attorney General to use funds available to carry out the activities of DOJ for: (1) certain general uses (including certain motor vehicle purchases, insurance, unforeseen emergencies of a confidential character, and payment of interpreters and translators); (2) certain specific uses (such as for aircraft and boats, payment of rewards, and purchase of ammunition and firearms); (3) uniforms; (4) witness fees and expenses; (5) FBI activities; (6) INS administration and law enforcement; and (7) Federal Prison System activities. Prohibits the use of such funds to pay compensation for individuals employed as attorneys who are not duly licensed and authorized to practice under the law of a State, U.S. territory, or the District of Columbia. Permits the use by the recipient of funds paid as reimbursement to a governmental unit in DOJ, to another Federal entity, or to a unit of State or local government. (Sec. 302) Directs the Attorney General to report to each House of Congress in any case in which the Attorney General: (1) establishes a policy to refrain from enforcing any provision of a Federal statute whose enforcement is the responsibility of DOJ because of the Attorney General's position that such provision is unconstitutional; or (2) determines that DOJ will contest, or will refrain from defending, in any proceeding any Federal statutory provision because of such a position. (Sec. 303) Authorizes the Attorney General to appoint officials to assist in the protection of the person of the Attorney General. Title IV: Miscellaneous - Repeals a Federal judicial code provision authorizing the appropriation of such sums as may be necessary to carry out the functions of the Marshals Service.
Bill· HRH.R. 3306 (105th)referred
United States · United States Congress · 3 March 1998
Pell Grant Expansion Act of 1998 - Amends the Higher Education Act of 1965 to set the maximum amount of a Pell grant award at: (1) $4,000 for academic years 1998-1999 and 1999-2000; and (2) $5,000 for academic years 2000-2001, 2001-2002, and 2002-2003. (Current law sets the maximum at $4,500 for academic year 1997-1998.) Makes available to the Secretary of Education, from funds not otherwise appropriated, specified maximum amounts for certain fiscal years for the payment of Pell grants. Authorizes the Secretary, if such amount made available in a fiscal year is not sufficient to pay all Pell grants, to make such reductions in awards as may be necessary, by either a fixed or variable percentage reduction or by a fixed dollar reduction.
Bill· HRH.R. 3308 (105th)referred
United States · United States Congress · 3 March 1998
Amends the Internal Revenue Code to allow a limited credit to a taxpayer maintaining a household which includes the taxpayer's parent (or parental ancestor), spouse, or former spouse who is incapable of self-care.
Bill· HRH.R. 3304 (105th)referred
United States · United States Congress · 3 March 1998
Computer Equipment Common Sense Depreciation Act - Amends the Internal Revenue Code to provide for a two-year recovery period for the depreciation of computers and peripheral equipment used in manufacturing.
Bill· HRH.R. 3309 (105th)referred
United States · United States Congress · 3 March 1998
Amends the Internal Revenue Code to permit private educational institutions to maintain qualified tuition programs which are comparable to qualified State tuition programs. Revises provisions concerning distributions for qualified education expenses.
Bill· HRH.R. 3307 (105th)referred
United States · United States Congress · 3 March 1998
Education for Life Act of 1998 - Amends the Internal Revenue Code to expand permitted withdrawals from education individual retirement accounts to include: (1) qualified elementary and secondary education expenses (including home schooling expenses); and (2) qualified job training expenses. Increases from: (1) $500 to $2,500 the maximum amount which may annually be contributed to such an account; and (2) 18 to 55 the age until which contributions may be made to a beneficiary's account. Permits a deduction (for both itemizers and nonitemizers) for such contributions.
Law· SS. 1693 (105th)enacted
United States · United States Congress · 27 February 1998
TABLE OF CONTENTS: Title I: Management Reform Title II: Procedures for Establishment of New National Parks Title III: Recreational Fee Demonstration Program Title IV: Concession Reform Title V: National Park Passport Program Title VI: National Parks Resource Inventory and Management Title VII: Designation of Tax Refunds and Contributions for the Benefit of the National Parks Title VIII: National Park Foundation Title IX: Commercial Filming in National Parks Title X: Capital Improvement Project Bond Demonstration Program Title XI: Miscellaneous Vision 2020 National Parks Restoration Act - Title I: Management Reform - Directs the Secretary of the Interior, acting through the Director of the National Park Service, to continually improve the ability of the National Park System (NPS) to provide state-of-the-art protection and interpretation to NPS resources. (Sec. 103) Makes park rangers responsible for protecting, interpreting, managing, and educating the public about the natural and cultural resources contained within the national parks, as well as serving and protecting park visitors. Directs the Secretary to strengthen and enhance the park ranger occupation through the ranger careers program designed to enable rangers to meet the challenges confronting national parks in the future. Outlines provisions concerning program staffing, training, management and specialized positions, a design phase, educational requirements, the park ranger workforce, fitness standards, and a program operational phase. Requires regular reports from the Secretary to the Congress on the state of the program. (Sec. 104) Directs the Secretary, during 2000 and biennially thereafter, to implement a strategic management plan for the NPS, with a focus on functions performed at the national headquarters, regional offices, support offices, service centers, and national parks. Requires a report from the Secretary to specified congressional committees detailing actions implemented as a result of the plan. (Sec. 105) Requires the superintendent or manager of each NPS national park, central office, and support office to develop and make public a comprehensive annual budget for such park or office. Title II: Procedures for Establishment of New National Parks - Directs the Secretary to submit to specified congressional committees a list of areas recommended for study for potential inclusion as new NPS units. Requires specific authorization by an Act of Congress before initiation of any such study. Outlines factors to be included in such studies, including whether the area possesses nationally significant natural, historic, or cultural resources, or outstanding recreation opportunities. Requires any such study to be completed within three years of its authorization. Directs the Secretary to submit to the appropriate committees a list of areas previously studied that contain primarily historical or cultural resources, or that contain natural resources, but that have not been added to the NPS. Title III: Recreational Fee Demonstration Program - Extends through FY 2005 NPS authority under the recreational fee demonstration program. Makes such authority available for all NPS units, except that no recreational admission fee may be charged at Great Smoky Mountains National Park and Lincoln Home National Historic Site. Requires a report from the Secretary to specified congressional committees on the program's status. Title IV: Concession Reform - Calls upon the continued involvement of the private sector in the delivery of high-quality goods and services in the national parks. Establishes within NPS a Concession Board to: (1) assist the Secretary in the preparation and issuance of a solicitation for proposals for persons to serve as Concession Manager; (2) review and make recommendations on such Manager's decisions on the selection of concessionaires and other matters; (3) make recommendations regarding the allocation of collected concession fees; and (4) mediate disputes between concessionaires and the Manager or national park superintendents. Provides for Manager appointment and functions, including the negotiation of concession contracts. Outlines concession contract terms and conditions, including provisions concerning franchise fees, capital improvements, possessory interest payments, appraisals, leasehold surrender values, property rights as collateral, and prices for goods and services provided under such contracts. Allows concession contract transfer only with the Secretary's approval. Allows the Secretary to negotiate any individual concession contract with anticipated annual revenues of less than $2 million without the issuance of a prospectus or the solicitation of competitive bids. Sets forth provisions applicable to all other contracts, including provisions governing issuance of a prospectus for the solicitation of competitive bids, submission of a statement as to the concessionaire's financial capability and operational expertise, concessionaire selection, and contract termination. (Sec. 406) Requires all contract concession fees collected to be used first to pay consideration under the contract with the Manager for the fiscal year, with the remainder to be allocated to each national park, based on that park's relative share of fees collected, to fund high-priority resource management and visitor services programs and operations. (Sec. 407) Authorizes the Manager to suspend or terminate concession contracts. (Sec. 408) Outlines concessionaire recordkeeping and reporting requirements. Requires Comptroller General access to such information. (Sec. 409) Directs the Secretary to promote the sale of authentic Indian and Alaska Native handicrafts relating to the cultural, historical, and geographic characteristics of national park areas. Exempts revenue derived from such sales from any franchise fee payments. (Sec. 410) Makes a Federal provision which requires the lease of government property to be made for money consideration only inapplicable to leases, permits, and contracts granted by the Secretary for the use of NPS land and improvements to provide accommodations, facilities, and services for park visitors. (Sec. 411) Excludes a concession contract's award, extension, renewal, or amendment from provisions of the National Environmental Policy Act of 1969. Title V: National Park Passport Program - Directs the Secretary to establish a national park passport program which shall provide the passport holder with admission to all U.S. national parks. Includes under the program the issuance of collectible stamps. Makes such passports nontransferable. Outlines program administrative provisions and requirements, including provisions governing the sale of stamps and passports and the use of passport proceeds for NPS projects. (Sec. 505) Directs the Secretary to establish an international park passport program under which park passports and stamps are made available exclusively to foreign visitors to the United States. Terminates such program at the end of 2003 unless at least 200,000 permits are sold during that year. (Sec. 506) Authorizes appropriations for the park passport program. (Sec. 507) Sets at $50 the fee for a park passport and stamp. Title VI: National Parks Resource Inventory and Management - Directs the Secretary to undertake a program of scientific study by NPS employees and cooperators in each national park. Requires natural, cultural, and physical resources of each park, as well as contemporary park uses, to be studied under such program. Directs the Secretary to appoint a Chief Scientist within the NPS to: (1) coordinate all unit resource studies; and (2) exercise authority over all NPS persons conducting such studies. Requires a peer review process to ensure the validity and reliability of each study. (Sec. 604) Directs the Secretary to: (1) enter into long-term cooperative agreements with geographically dispersed colleges and universities to act as primary centers through which unit resource studies shall be conducted; and (2) undertake a program of inventory and monitoring of national park resources to establish baseline information and provide information on long-term trends in the conditions of national park resources. Requires appropriate workforce training to carry out NPS missions. (Sec. 606) Authorizes the Chief Scientist to solicit, receive, consider, and, when appropriate, approve requests for the use of any national park for purposes of scientific study. (Sec. 607) Requires, in each case in which a park resource may be adversely affected by an NPS action, the administrative record to reflect the manner in which unit resource studies and other studies have been considered. (Sec. 608) Provides for the confidentiality of information concerning the nature and location of a natural park resource that is endangered, threatened, rare, commercially valuable, or is an object of cultural patrimony within a national park. (Sec. 609) Authorizes appropriations. Title VII: Designation of Tax Refunds and Contributions for the Benefit of the National Parks - Amends the Internal Revenue Code to authorize an individual taxpayer to designate a specified portion (not less than $1) of any overpayment of tax and any cash contribution included with his or her tax return to be paid over to the National Parks Trust Fund to be established pursuant to this Act. Appropriates to the Fund amounts equivalent to those received under such designations. Directs the Secretary of the Treasury to submit to specified congressional committees a study of the effects of the Fund. (Sec. 703) Authorizes the Secretary to use Fund amounts for the design, construction, rehabilitation, and repair of high priority park facilities that directly enhance the experience of park visitors. Prohibits the use of Fund amounts for land acquisition. Title VIII: National Park Foundation - Directs the National Park Foundation to: (1) design and implement a comprehensive program to assist and promote philanthropic support programs at the individual national park level; and (2) include information on the program's progress in a required annual report. Title IX: Commercial Filming in National Parks - Directs the Secretary to establish or designate an NPS office to perform functions required under this title. Prohibits a person from producing any part of a commercial (for-profit) recorded image in a national park without first obtaining a permit from the Secretary and paying a permit fee. Sets such fee at one-half of one percent of the production budget for the vehicle in which the image is to be included. Requires permit proceeds to be used for the preservation, restoration, operation, maintenance, and improvement of high-priority projects and programs in the park in which the fee is collected that directly enhance the experience of park visitors. Requires a report from the Secretary to specified congressional committees on the collection of such fees. Title X: Capital Improvement Project Bond Demonstration Program - Directs the Secretary to identify not more than four NPS capital improvement projects, totaling not more than $40 million, which shall be financed through obligations issued to the Secretary of the Treasury as part of a bond demonstration program established under this title. Directs the Secretary of the Treasury to purchase obligations issued under the program if such Secretary finds that there is reasonable assurance of repayment of the obligations. (Sec. 1005) Directs the Secretary and the Secretary of the Treasury to report to the Congress on the program. Title XI: Miscellaneous - Directs the Secretary to appoint a multidisciplinary task force to fully evaluate the shortfalls, needs, and requirements of the U.S. Park Police, including facility repair, rehabilitation, and communications needs. Requires a report from the Secretary to specified congressional committees on findings and recommendations. (Sec. 1102) Authorizes the Secretary to enter into a lease with any person or governmental entity for the use of buildings and associated property administered by the Secretary as part of the NPS. Outlines lease requirements. Authorizes the Secretary to enter into an agreement with a State or local government agency for the cooperative management of national park land and nearby State or local park land.
Bill· SS. 1691 (105th)open
United States · United States Congress · 27 February 1998
American Indian Equal Justice Act - Amends Federal law concerning the jurisdiction of U.S. district courts to make it a requirement that an Indian tribe, tribal corporation, or member of an Indian tribe collect and remit to a State any excise, use, or sales tax imposed by the State on nonmembers of the Indian tribe as a consequence of the purchase of goods or services by nonmembers from the Indian tribe, tribal corporation, or member. Permits a State to bring an action in a U.S. district court to enforce the requirement. Grants U.S. district courts: (1) original jurisdiction in any civil action or claim against an Indian tribe, in matters arising under the Constitution, laws, or treaties of the United States; (2) jurisdiction of any civil action or claim against an Indian tribe for liquidated or unliquidated damages for cases not sounding in tort that involve any contract made by the governing body of the Indian tribe or on behalf of an Indian tribe; and (3) subject to Indian tribe tort claims procedure provisions under this Act, jurisdiction of civil actions in claims against an Indian tribe for money damages, accruing on or after the enactment of this Act for loss of property, personal injury, or death caused by the negligent or wrongful act or omission of an Indian tribe under circumstances in which the Indian tribe, if it were a private individual or corporation, would be liable to the claimant in accordance with the law of the State where the act or omission occurred. Sets forth Indian tort claims procedure provisions. Excepts any case relating to a controversy about membership in an Indian tribe. Grants consent to institute a civil cause of action against an Indian tribe in a State court on a claim arising within the State, including a claim arising on an Indian reservation or Indian country, in any case in which the cause of action: (1) arises under Federal or State law; and (2) relates to tort claims or claims not sounding in tort that involve any contract made by the governing body of an Indian tribe on or behalf of a tribe. Provides, in any tort action brought in a State court against an Indian tribe, for that tribe to be liable to the same extent as a private individual or corporation under like circumstances, but not to be liable for interest prior to judgment or for punitive damages. Amends title II of the Civil Rights Act of 1968 (the Indian Civil Rights Act) to grant U.S. district courts jurisdiction in any civil rights action alleging a failure to comply with rights secured by the requirements under such title.
Bill· SS. 1692 (105th)referred
United States · United States Congress · 27 February 1998
Software Trade Secrets Protection Act - Amends the Internal Revenue Code to prohibit the issuance or enforcement of any summons to produce or examine any computer software source code or related customer communications and training materials, subject to stated exceptions.
Bill· SS. 1682 (105th)referred
United States · United States Congress · 26 February 1998
Amends the Internal Revenue Code (IRC) to repeal joint and several liability of spouses with respect to joint returns. Provides instead that the tax liability shall be in proportion to the tax liability which each spouse would have incurred if each had reported his or her apportionable items on a separate return of a married individual, provided that a payment by one spouse in excess of such spouse's proportionate share of liability for the tax reported on the return shall not be refunded unless there is an overpayment with respect to that return. Revises IRC provisions concerning community property to disregard, for purposes of determining tax liability, community property laws.
Resolution· SRESS.Res. 185 (105th)referred
United States · United States Congress · 26 February 1998
Expresses the sense of the Senate that the Congress should save social security first by reserving any unified budget surplus until legislation is enacted to make social security actuarially sound and capable of paying future retirees the benefits to which they are entitled.
Bill· HRH.R. 3292 (105th)referred
United States · United States Congress · 26 February 1998
Investment in Children Act of 1998 - Amends the Internal Revenue Code (IRC) to increase the credit for dependent care services necessary for gainful employment. Provides for an "increased dependent care credit equivalent amount" (as defined) if the taxpayer has a child under the age of four, but only if the taxpayer elects not to use the credit for dependent care services necessary for gainful employment. (Sec. 3) Allows for an employer-provided child care credit of up to 25 percent of qualified child care expenditures (not to exceed $150,000), which can include the costs of acquiring or expanding property to be used as a qualified day care facility. (Sec. 4) Amends part A ( Block Grants to States for Temporary Assistance for Needy Families) of title IV of the Social Security Act to provide for grants to States: (1) to improve the quality and safety of child care; (2) for the provision of child care assistance for low-income working families; and (3) for the provision of child care services before and after regular school hours. (Sec. 5) Authorizes appropriations through FY 2003 for part I (21st Century Community Learning Centers Act) of title X of the Elementary and Secondary Education Act of 1965. Sets forth provisions concerning the distribution of assistance under part I. (Sec. 6) Revises IRC provisions concerning the aggregate amount of nonrefundable personal credits allowed to provide that the aggregate amount of such credits allowed shall not exceed the sum of: (1) the taxpayer's regular tax liability; plus (2) the alternative minimum tax.
Bill· HRH.R. 3300 (105th)referred
United States · United States Congress · 26 February 1998
Small Business Pension Start-Up Credit Act of 1998 - Amends the Internal Revenue Code to permit a three-year business credit of 50 percent of small employer pension plan start-up costs, with a limit of $1000 for the first year and $500 for each of the second and third years.
Bill· HRH.R. 3290 (105th)referred
United States · United States Congress · 26 February 1998
Affordable Housing Improvement Act of 1998 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling. Modifies provisions concerning: (1) the criteria for allocating housing credits among projects; (2) the responsibilities of housing credit agencies; and (3) the basis of a credit-eligible building.
Bill· HRH.R. 3286 (105th)referred
United States · United States Congress · 26 February 1998
Land Preservation Tax Fairness Act of 1998 - Amends the Internal Revenue Code to increase the amount of deductible gain which results from the sale of real property to a qualified conservation organization.
Bill· HRH.R. 3282 (105th)referred
United States · United States Congress · 26 February 1998
Allows taxpayers to elect to have expenses which they paid in December 1997 for education furnished in academic periods beginning after 1997 considered as having been paid in January 1998 for purposes of the Hope Scholarship Credit under the Internal Revenue Code as amended by the Taxpayer Relief Act of 1997 (Public Law 105-34).
Bill· HJRESH.J.Res. 111 (105th)passed
United States · United States Congress · 26 February 1998
Constitutional Amendment - Requires that a bill to increase the internal revenue shall laws shall require for final adoption in each House the concurrence of two-thirds of the whole of the number of that House, unless the bill does not increase the internal revenue by more than a de minimis amount. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security and is so declared by a joint resolution which becomes law.
Resolution· HCONRESH.Con.Res. 228 (105th)referred
United States · United States Congress · 26 February 1998
Expresses the sense of the Congress that: (1) reducing the publicly held debt of the Federal Government and addressing the solvency of the social security system should be the primary objectives of the Federal budget process for FY 1999; and (2) any new tax cuts or spending increases must be compatible with these objectives, offset fully within the budget, and in accordance with the 1997 budget agreement.
Bill· SS. 1676 (105th)referred
United States · United States Congress · 25 February 1998
Amends the Omnibus Parks and Public Land Management Act of 1996 to authorize additional appropriations for fiscal years beginning after FY 1998 for the preservation and restoration of historic buildings and structures at eligible historically black colleges and universities.
Bill· SS. 1678 (105th)referred
United States · United States Congress · 25 February 1998
Social Security Trust Fund Protection Act of 1998 - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide that the purpose of pay-as-you-go provisions is to ensure that legislation (currently, legislation enacted before FY 2002) affecting direct spending or receipts that results in a net budget increase (currently, increases the deficit) will trigger an offsetting sequestration, except to the extent that the total budget surplus exceeds the social security surplus. Removes an FY 2006 expiration date for specified pay-as-you-go provisions. Defines "budget increase" and "budget decrease" to mean, for purposes of pay-as-you-go provisions, an increase or decrease, respectively, in direct spending outlays or a decrease or increase, respectively, in receipts relative to the baseline. Requires a sequestration to offset the amount of any net budget (currently, deficit) increase caused by all direct spending and receipts legislation. Applies a sequestration for a fiscal year only to the extent that any surplus, before the sequestration in the total budget (which includes both on- and off-budget Government accounts), is less than the combined surplus for that year in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.
Bill· SS. 1673 (105th)referred
United States · United States Congress · 25 February 1998
Tax Code Termination Act - Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Excepts the: (1) tax on self-employment income (chapter 2 of the Code); (2) Federal Insurance Contributions Act (chapter 21 of the Code); and (3) Railroad Retirement Tax Act (chapter 22 of the Code). Declares that any new Federal tax system should be a simple and fair system.
Resolution· SRESS.Res. 180 (105th)referred
United States · United States Congress · 25 February 1998
Expresses the sense of the Senate that the tax exclusion of amounts furnished pursuant to employer-provided educational assistance programs should be made permanent.
Bill· HRH.R. 3262 (105th)open
United States · United States Congress · 25 February 1998
TABLE OF CONTENTS: Title I: Remedy Title II: Community Participation and Human Health Subtitle A: Community Participation Subtitle B: Human Health Subtitle C: General Provisions Title III: Right to Know Title IV: Environmental Justice Title V: Children's Environmental Health Title VI: Brownfield Remediation and Environmental Cleanup Subtitle A: Brownfields Subtitle B: Innocent Landowners and Prospective Purchaser Liability Subtitle C: Department of Housing and Urban Development Brownfield Grants Title VII: Natural Resource Damages Title VIII: Federal Facilities Title IX: Liability Title X: Funding Title XI: Miscellaneous Children's Protection and Community Cleanup Act of 1998 - Title I: Remedy - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise general rules for the selection of remedial cleanup actions. Removes a provision requiring the President to specifically address the long-term effectiveness of various alternative treatment or resource recovery technologies. Requires remedial actions to: (1) make contaminated property available for beneficial use to the maximum extent practicable; and (2) protect uncontaminated groundwater and surface water, wherever technically feasible, and restore such water to beneficial uses in a reasonable time period given the circumstances of the release of the hazardous substance concerned. Lists minimum factors to be taken into account by the President in assessing alternative remedial actions and selecting remedial actions. Requires selected remedial actions, unless the President determines that a risk-based standard for a contaminant is based on data and assumptions adequate to assure protection of children's health, to reduce contamination to background levels (where more stringent) with respect to such contaminant, to the maximum extent technically feasible. Prohibits the selection of an 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. 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 would be 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 law suit against the Environmental Protection Agency (EPA) prior to May 1, 1986. Eliminates a provision which allows the President to select a remedial action that does not attain a standard equivalent to a legally applicable standard if compliance with requirements is technically impracticable from an engineering perspective. 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. Authorizes the President to use institutional controls as a supplement to, but not as a substitute for, other response measures under CERCLA. Lists requirements for actions that rely on institutional controls. Provides for 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. Requires such funds to be sufficient to guarantee successful performance of a remedy and, to the extent technically feasible, future beneficial reuse. Directs the EPA Administrator (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. 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. (Sec. 102) Sets forth criteria for institutional control instruments. Requires the President, if such an instrument is adopted, to record a notice of property use restriction in the public land records for the jurisdiction in which the affected property is located. Makes such instruments enforceable in perpetuity (unless terminated and released) against holders of interest in an affected property and all persons who subsequently acquire such interest. Directs the President to maintain a registry of all property at which institutional controls have been established in connection with response actions. Describes types of institutional control instruments, including easements. Authorizes the President, in order to respond to a release or threatened release of a hazardous substance, to acquire an easement to limit or control the use of land or other natural resources. Permits easements to be used whenever institutional controls have been selected as a component of a response action. Sets forth provisions regarding the President's authority to assign easements to other parties, issue orders imposing restrictions on land or natural resources, and include State institutional controls in response actions. (Sec. 103) Requires the President to ensure that a removal action is not undertaken in lieu of a long-term remedial action. Title II: 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 National Priorities List (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 and increases the maximum amount of such grants. 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 covered 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. 203) Requires States or Indian tribes with covered facilities to establish Community Information and Access Offices. Provides funding for such Offices. Directs the Administrator to establish Offices for States or tribes that fail to do so. (Sec. 204) 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 covered facility is located, or ten percent of the population of a locality in which the covered facility is located, whichever is fewer, petition for a Group to be established. Directs the President to adopt any consensus recommendation of a Group on land use as part of the remedy selected for the facility, with exceptions. 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) 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. 205) Requires the Administrator to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in response activities. Subtitle B: Human Health - Directs 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. Requires the ATSDR Administrator to perform a health assessment for each facility listed, or proposed for listing, on the NPL, including Federal facilities. Permits related health activities to be performed in lieu of assessments for facilities that are so listed or proposed for ecological reasons only. Requires the ATSDR Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. (Sec. 213) Provides for research on exposure or tolerance limits for hazardous substances found commonly at NPL facilities in cases where adequate information on health effects of a substance is not available. Expands the duties of the ATSDR Administrator to require the Administrator to establish an inventory of exposure or tolerance limits for such substances. (Sec. 215) Directs the President, in any case in which a person is relocated in order to reduce exposure and eliminate health risks from hazardous substances, to provide to the individual the replacement value of the individual's residence. (Sec. 216) Authorizes and directs the ATSDR Administrator, pursuant to specified grants and contracts, to provide health services to communities affected by the release of hazardous substances. Makes funds available for such services for FY 2000 through 2004. (Sec. 217) 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. Title III: Right to Know - Requires the annual disclosure of certain information by potentially responsible parties at NPL facilities and owners or operators of facilities subject to toxic chemical release reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA). Includes within such required disclosures information on quantities of certain hazardous substances and potential exposure of facility employees. Directs the Administrator to consolidate all annual reporting pursuant to title I of CERCLA and other Federal environmental laws to the extent not prohibited by such laws. Prescribes penalties for noncompliance with disclosure requirements. Amends EPCRA to permit the withholding of portions of information required to be disclosed under CERCLA for purposes of protecting trade secrets. (Sec. 302) Requires owners or operators of facilities subject to EPCRA reporting requirements to submit to the Administrator and State officials annual unstudied chemical release forms for each chemical subject to this section that was manufactured, processed, or used in quantities exceeding thresholds during the preceding year at the facility. Permits the Administrator to: (1) apply such requirements to other facilities that use unstudied chemicals, as appropriate; and (2) exclude a class of facilities in a Standard Industrial Classification Code that is required to report under EPCRA if unstudied chemicals will not cause certain adverse human health or environmental effects. Makes subject to the requirements of this section an unstudied chemical: (1) for which the information needed to complete a preliminary assessment of potential toxicity is not available; and (2) that is a compound containing at least carbon, hydrogen, and one or more of the elements chlorine, fluorine, or bromine or is a compound included on the 1990 High Production Volume List issued pursuant to the Toxic Substances Control Act. Authorizes the addition of chemicals subject to such requirements based on health or environmental effects or presence in human tissues, food stuffs, or drinking water. Excludes from reporting requirements chemicals: (1) that are listed under EPCRA; (2) that are high molecular weight polymers; or (3) for which information is publicly available. Sets forth provisions regarding information needed for preliminary assessment of potential toxicity of unstudied chemicals. Establishes threshold amounts of unstudied chemicals which trigger reporting requirements. Makes release form information publicly available. Authorizes petitions to the Administrator to compel certain actions under this title, including the exemption from reporting, addition of chemicals subject to reporting, and revision of thresholds. Requires the Administrator to establish a national unstudied chemicals inventory based on submitted data. Makes violations of this title subject to civil and administrative penalties under EPCRA. Provides trade secret protection for information disclosed under this title in the same manner as provided under EPCRA. Title IV: Environmental Justice - Directs the President, acting through the Secretary of Commerce, to publish a list of special priority areas which shall be geographic areas in which residents face a high degree of economic distress or social disenfranchisement. Provides for updates to such list no later than two years after each official census count on social and economic characteristics. Describes areas to be included on such list. Requires the President to advertise the right of petition for assessment of a hazardous substance release in such areas. Directs the President to publish a list of special priority facilities which shall be those facilities located in special priority areas that are: (1) listed in the Comprehensive Environmental Response, Compensation, and Liability Information System; (2) the subject of a petition; or (3) those the President considers appropriate. Establishes deadlines for completing preliminary assessments, site inspections, and hazard ranking of such facilities and for listing them on the NPL. Requires the President to ensure that a remedial action for any such facility on the NPL is completed within three years of placement on the NPL. Provides exceptions from placing such facilities on the NPL. Title V: Children's Environmental Health - Requires the ATSDR Administrator and the Administrator to create a scientifically peer-reviewed list of environmental pollutants commonly found at facilities listed or proposed for listing on the NPL with known or suspected health risks to which fetuses and children are especially susceptible. Provides for a toxicological profile for each listed substance. each listed substance. Directs the Administrator or the Secretary of Health and Human Services, as appropriate, to review and revise, where necessary, environmental and public health regulations, risk assessment policies and procedures, and guidance documents issued under CERCLA to determine whether they consider and fully protect fetal and children's health. Incorporates fetal and children's health concerns into all health research initiatives under CERCLA. Requires the ATSDR Administrator to develop: (1) guidelines for addressing fetal and children's health issues in health studies and research programs; and (2) criteria for determining when and what type of child-specific health study shall be conducted based on the results of a health assessment. Expresses the sense of the Congress that the costs of such research programs should be borne by the manufacturers and processors of the hazardous substance in question. Directs the ATSDR Administrator to: (1) establish an exposure registry for all children exposed to hazardous substances as the result of a release at an NPL facility where levels of exposure are significant for children's health; and (2) implement specified children's environmental health education and training programs. Requires all lists, profiles, studies, and research results conducted under this title to be reported or adopted only after appropriate peer review. Sets forth requirements for peer reviews. Title VI: Brownfield Remediation and Environmental Cleanup - Subtitle A: Brownfields - Directs the Administrator to establish a program to award grants to local governments to inventory and conduct site assessments of brownfield sites and provide training in the cleanup of such sites. Defines a "brownfield site" as land that contains or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence of hazardous substances, pollutants, or contaminants. Sets forth grant application requirements and grant conditions. Requires States to submit information to the Administrator on brownfield sites. Directs the Administrator to compile a National Brownfields Registry. Directs the Administrator to establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites, including associated rivers and streams. Authorizes local governments to provide such loans to finance cleanups by such governments or by owners or prospective purchasers of affected brownfield sites. Sets forth grant application and agreement requirements. Requires grant recipients to report to the Administrator on the extent of local citizen involvement in funded projects. Authorizes the Administrator to award a grant to a State if necessary to facilitate the receipt of funds by local governments that do not have the capabilities to manage grants. Makes certain facilities ineligible for the grant program, including facilities that are the subject of response actions and Federal facilities. Authorizes the President to make exceptions for excluded facilities and allow grants on a facility-by-facility basis. Makes amounts available from the Hazardous Substance Superfund (Superfund) to carry out the grant programs. Authorizes appropriations for FY 1999 through 2003. (Sec. 602) Authorizes the Administrator to award grants to, and enter into cooperative agreements with, States, Indian tribes, municipalities, and other specified agencies and organizations for training, technology transfer, and information dissemination programs to strengthen environmental response activities. (Sec. 603) Requires the Administrator to provide grants and other forms of assistance for brownfields workforce training programs in communities that contain brownfield sites. Subtitle B: Innocent Landowners and Prospective Purchaser Liability - Amends 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. 622) 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 this section and the facility's fair market value has increased above that which existed 180 days before the action was taken. (Sec. 623) Exempts certain contiguous property owners from liability. Subtitle C: Department of Housing and Urban Development Brownfield Grants - Amends the Housing and Community Development Act of 1974 to direct the Secretary of Housing and Urban Development to make grants, in connection with the authority to guarantee obligations to finance certain community development activities, to eligible public entities for projects and activities for economic redevelopment of brownfield sites. Title VII: Natural Resource Damages - Adds the reasonable costs of recovering natural resource damages to the list of recoverable damages for which liable parties are responsible under CERCLA. (Sec. 703) Eliminates the damage assessment rebuttable presumption and prescribes revised procedures for natural resource damage assessments. (Sec. 704) Authorizes a trustee for natural resources to establish an administrative record on which the trustee will base the selection of a plan for restoration of the resource. Provides for participation of interested persons in the development of an administrative record. (Sec. 705) Provides that the presence of hazardous substances in sediments of U.S. waters above background or reference levels shall be sufficient to establish injury to natural resources for purposes of determining liability. Directs the Administrator and the appropriate natural resource trustees to report to the Congress on how response, remedial, and restoration actions are restoring and protecting natural resources affected by the facilities of: (1) Hudson River, New York; (2) Newark and New York Bays, New York and New Jersey; (3) Housatonic River, Connecticut and Massachusetts; (4) New Bedford Harbor, Massachusetts; (5) Clark Fork River, Montana; (6) Lavaca Bay, Texas; (7) Palos Verdes, California; (8) Fox River, Wisconsin; (9) Coeur d'Alene, Idaho; and (10) Hanford, Washington. (Sec. 706) Requires natural resource trustees to conduct a program to assist in the recruitment and training of individuals in affected communities for employment in restoration activities. (Sec. 707) Revises provisions regarding the statute of limitations on natural resource damage actions. (Sec. 708) Adds archaeological resources to the definition of "natural resources" under CERCLA. (Sec. 709) Authorizes citizen suits to recover natural resources damages. Title VIII: 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. Requires Federal agencies to notify States and the Administrator of removal actions. 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 substances releases for which a Federal agency is potentially responsible. Title IX: Liability - Provides exemptions to liability (including liability for contribution) for response costs for pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, a specified limited amount of hazardous substances. Absolves certain small parties of liability based on arrangement or acceptance provisions if the substance involved was municipal solid waste or sewage sludge. Removes a provision which excludes petroleum from the definition of "hazardous substance" under CERCLA. Provides that persons liable for willful releases of hazardous substances or threats thereof may be liable to the United States for punitive damages in an amount of up to two times the costs incurred by Superfund as a result of such a release. Title X: Funding - Extends the authorization of appropriations to carry out specified Superfund authorities through FY 2003. (Sec. 1007) 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. Title XI: Miscellaneous - Increases the ceiling on certain penalties under CERCLA. Prescribes penalties for specified additional violations. (Sec. 1103) Considers a remedial action that attains applicable requirements to be protective of human health and the environment unless the President determines otherwise. Directs the President to establish additional requirements to ensure such protection, as necessary. Provides that the decontamination regulations for site termination issued by the Nuclear Regulatory Commission (NRC) on July 21, 1997, shall not be considered sufficiently protective. Revises the definition of "federally permitted release" under CERCLA with respect to releases of source, special nuclear, or byproduct material in compliance with licenses, permits, regulations, or orders pursuant to the Atomic Energy Act of 1954 to apply such definition only if such licenses, permits, regulations, or orders adequately protect groundwater. Applies requirements of this Act pertaining to Federal facilities to facilities subject to licenses or decontamination regulations for license termination issued by the NRC. Amends environmental excise tax provisions to treat uranium dioxide as a taxable chemical only if it is used as a fuel in a nuclear reactor.
Bill· HRH.R. 3264 (105th)referred
United States · United States Congress · 25 February 1998
TABLE OF CONTENTS: Title I: Federal Tobacco Price Support Program Title II: Tobacco Community Revitalization Trust Fund Title III: Industry Payments for Department Tobacco Costs Title IV: Permanent Sale, Retirement, and Distribution of Tobacco Quota Title V: Agricultural Market Transition Assistance Title VI: Community, Farmer, and Worker Transition Assistance Title VII: Tax Treatment for Payments for Lost Tobacco Quota Title VIII: Immunity Tobacco Community Economic Stabilization and Support Act - Title I: Federal Tobacco Price Support Program - Amends the Agricultural Adjustment Act of 1938 with respect to cigarette manufacturer tobacco purchase submissions to require minimum purchase intentions for Flue-cured and Burley tobacco to be at 1997 levels (including levels fixed by the Secretary of Agriculture in cases of manufacturer nonsubmission). (Sec. 102) Revises related penalty provisions. Provides for deposit of penalty payments in the Tobacco Community Revitalization Trust Fund (established by this Act). (Sec. 103) Prohibits the United States Trade Representative, and the Secretaries of Commerce and Agriculture from advocating lower foreign trade barriers or increased market access for tobacco products containing less than 75 percent U.S. domestic content. (Sec. 104) Requires the Secretary of Agriculture to conduct a State referendum on the lease and transfer of tobacco quota if more than five percent of such State's producers so petition. (Sec. 105) Amends the Agricultural Act of 1949 to eliminate the tobacco marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Title II: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund (Fund), to be administered by the Secretary. Provides for manufacturer and importer assessments. Title III: Industry Payments for Department Tobacco Costs - Directs the Secretary to use Fund amounts to reimburse the Department for tobacco production and regulation costs. (Sec. 302) Amends the Agricultural Act of 1949 to revise No Net Cost Tobacco Fund and Account provisions. Title IV: Permanent Sale, Retirement, and Distribution of Tobacco Quota - Makes specified amounts from the Fund available each fiscal year for voluntary tobacco quota retirement contracts. Directs the Secretary to enter into such contracts. Sets forth contract and within-county redistribution provisions. Title V: Agricultural Market Transition Assistance - Directs the Secretary to make payments for lost tobacco quota (based on 1995 through 1997 marketing years) to eligible quota holders, lessees, tenants, and tobacco warehousemen. Sets forth provisions regarding: (1) quota determination and payment; (2) effect of quota or ownership changes; (3) payment acceleration and source; and (4) cost-of-living adjustment. Title VI: Community, Farmer, and Worker Transition Assistance - Directs the Secretary to make grants to States for economic development assistance to tobacco-growing communities, including: (1) rural business development; (2) down payment loan assistance; (3) farm and off-farm employment; (4) infrastructure, facilities, and services expansion; (5) alternative crop development; and (6) technical assistance. (Sec. 602) Provides for: (1) a tobacco worker transition program; (2) farmer education opportunity grants; and (3) research grants for alternative uses of tobacco production and processing equipment. Title VII: Tax Treatment for Payments for Lost Tobacco Quota - Amends the Internal Revenue Code to exclude lost tobacco quota payments from gross income. Reduces farm property basis by amounts so excluded. Title VIII: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation.
Bill· HRH.R. 3266 (105th)referred
United States · United States Congress · 25 February 1998
Amends the Omnibus Parks and Public Land Management Act of 1996 to authorize additional appropriations for fiscal years beginning after FY 1998 for the preservation and restoration of historic buildings and structures at eligible historically black colleges and universities.
Bill· HRH.R. 3261 (105th)referred
United States · United States Congress · 25 February 1998
Privacy Protection Act of 1997 (sic) - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act and the Internal Revenue Code to prohibit any Federal, State, or local government agency or instrumentality from using a social security account number or any derivative as the means of identifying any individual, except for specified social security and tax purposes. Amends the Privacy Act of 1974 to prohibit any Federal, State, or local government agency or instrumentality from requesting an individual to disclose his social security account number on either a mandatory or a voluntary basis. Prohibits any two Federal agencies or instrumentalities from implementing the same identifying number with respect to any individual, except as authorized under this Act.
Bill· HRH.R. 3278 (105th)referred
United States · United States Congress · 25 February 1998
College Education and Graduation Enhancement (COLLEGE) Act - Amends the Internal Revenue Code to increase to $5,000 the amount allowable as a first-year contribution to an education individual retirement account and to permit contributions of up to $500 annually (adjusted for inflation) thereafter.
Bill· HRH.R. 3274 (105th)referred
United States · United States Congress · 25 February 1998
Amends the Internal Revenue Code to temporarily establish an employer tax credit of up to $2,500 annually for expenses incurred for each full-time employee receiving high technology job training.
Bill· HRH.R. 3277 (105th)referred
United States · United States Congress · 25 February 1998
Amends the Internal Revenue Code to require 15 days' (currently, 10 days) notice and judicial consent before the Secretary of the Treasury can collect any tax by levy. Excludes from gross income any damages collected from a civil action for damages resulting from certain unauthorized tax collection actions.
Bill· HRH.R. 3275 (105th)referred
United States · United States Congress · 25 February 1998
Amends the Internal Revenue Code to exempt auxiliary power units from the excise tax imposed on heavy trucks and trailers.
Bill· SS. 1672 (105th)referred
United States · United States Congress · 24 February 1998
Missouri River Erosion Control Act of 1998 - Directs the Secretary of the Army to alleviate bank erosion and related problems associated with reservoir releases along the Missouri River between Fort Peck Dam, Montana, and a point 77 (currently, 58) miles downstream of Gavins Point Dam, South Dakota, and Nebraska. Increases from $3 million to $6 million per fiscal year the authorized costs for such measures. Authorizes the Secretary to acquire land along River segments administered as recreational rivers. Authorizes the Secretary to undertake River erosion control measures on behalf of a non-Federal entity if such entity agrees to contribute 35 percent of the costs.
Bill· SS. 1669 (105th)referred
United States · United States Congress · 24 February 1998
TABLE OF CONTENTS: Title I: Taxpayer Rights Title II: Penalty Reform Title III: Internal Revenue Service Restructuring Title IV: Electronic Filing Title V: Regulatory Reform Putting the Taxpayer First Actof 1998 - Title I: Taxpayer Rights - Amends the Internal Revenue Code to require court approval prior to the seizure of a taxpayer's property. (Sec. 102) Requires the Secretary of the Treasury to accept an offer-in-compromise if it reasonably reflects the taxpayer's ability to pay. (Sec. 103) Revises provisions concerning the awarding of administrative and litigation costs. (Sec. 104) Applies the confidentiality privilege to communications between a taxpayer and a federally authorized tax practitioner. (Sec. 105) Directs the Secretary, upon a taxpayer's reasonable request, to relocate an Internal Revenue Service (IRS) examination. (Sec. 106) Requires the IRS to pre-notify a taxpayer engaged in a trade or business whenever it issues a summons to another person concerning the taxpayer's trade or business, unless such notification would jeopardize the investigation. (Sec. 107) Requires the Secretary, at least 60 days prior to issuing a notice of deficiency, to notify the taxpayer of any proposed adjustments. Permits the taxpayer to appeal the Secretary's proposal. Title II: Penalty Reform - Revises provisions concerning interest penalties for failure to pay taxes. (Sec. 202) Repeals provisions concerning the penalty for the substantial understatement of income tax. (Sec. 203) Repeals failure-to-pay penalties, while retaining the failure-to-file penalty. Title III: Internal Revenue Service Restructuring - Establishes within the Department of the Treasury the Internal Revenue Service Board of Governors which shall review and approve: (1) strategic plans of the IRS; (2) operational functions of the IRS; (3) the IRS Commissioner's selection, evaluation, and compensation of senior managers; and (4) the IRS budget request. Requires the Board to report annually to the President and the Congress. Reestablishes the Commissioner's office and limits the Commissioner's term to five years. (Sec. 302) Requires the IRS to be organized into divisions representing the following types of taxpayers: (1) individual taxpayers subject to wage withholding; (2) small businesses and the self-employed; (3) large businesses; (4) employee plans and exempt organizations; (5) trusts and estates; and (6) such other divisions as the Board deems necessary. (Sec. 303) Reestablishes the Office of the Taxpayer Advocate as an office that is independent of all other IRS functions. (Sec. 304) Repeals provisions providing for an Assistant Commissioner (Taxpayer Services) and replaces them with provisions establishing an Office of Appeals with functions that are to be independent of all other IRS functions. Mandates the Office to resolve tax controversies without litigation on a fair and impartial basis and in a manner that encourages voluntary compliance and public confidence. (Sec. 305) Directs the Board to convene a taxpayer-communications advisory group which shall: (1) review all standard IRS written communications, forms and instructions; and (2) recommend such revisions to such documents as will render them more easily understood. Title IV: Electronic Filing - Provides for the establishment and implementation of a plan to increase electronic filing gradually over the next ten years while maintaining processing times for paper returns at 40 days. Sets forth reporting requirements concerning such plan, including reporting on the plan's effect on small businesses. Title V: Regulatory Reform - Amends Federal law concerning government organization to include in the definition of the term: (1) "major rule" any rule promulgated by the IRS, if such rule is likely to result in any net increase in Federal revenues; and (2) "covered agency" the IRS, for purposes of provisions concerning receiving comment from small entities on agency rulemaking. (Sec. 503) Expands a taxpayer's options with respect to the recovery of certain costs and fees.
Bill· HRH.R. 3248 (105th)open
United States · United States Congress · 24 February 1998
Dollars to the Classroom Act - Requires the Secretary of Education to award the total amount of certain applicable education funding directly to the States. (Sec. 2) Requires such direct awarding of all the funds (except those used for specified multiyear awards) that are appropriated for the Department of Education for the fiscal year for programs or activities under specified provisions of: (1) the Goals 2000: Educate America Act; (2) the Educational Research, Development, Disseminations, and Improvement Act of 1994; (3) the School-to-Work Opportunities Act of 1994; (4) the Elementary and Secondary Education Act of 1965 (ESEA); and (5) the Stewart B. McKinney Homeless Assistance Act. Sets deadlines for: (1) each State to conduct a census to determine, and report to the Secretary, the number of kindergarten through grade 12 students in the State for the academic year; and (2) the Secretary to publish and disburse the amount each State will receive under this Act for the succeeding fiscal year. Sets forth: (1) a formula for determination of such award amounts, based on relative numbers of such students in each State; and (2) penalties for false information. Provides for continuation of certain multiyear awards made prior to enactment of this Act. Requires award amounts under this Act to be paid to the State Governor, who shall make them available to the individual or entity in the State responsible for the State administration of Federal education funds. Prescribes requirements for the use of such funds, earmarking not less than 95 percent for distribution to local educational agencies (LEAs) for the costs of activities or services provided in the classroom that LEAs determine appropriate, excluding associated administrative expenses, but including nonadministrative expenses associated with statewide or districtwide initiatives directly affecting classroom learning. Prohibits: (1) any head of a Federal department or agency other than the Secretary from promulgating regulations under this Act; and (2) the Secretary from issuing any regulation regarding the type of classroom activities or services that may be assisted under this Act. (Sec. 3) Amends ESEA title I (Helping Disadvantaged Children Meet High Standards) to require the use of at least 95 percent of title I funds for an LEA for a fiscal year according to the requirements of this Act. Directs the Secretary to: (1) develop and implement a plan for streamlining regulations and eliminating bureaucracy so that 95 percent of such ESEA title I funds for LEAs are used for the costs of activities and services provided in the classroom; and (2) recommend to Congress legislation containing changes to Federal law needed for the use of such funds. (Sec. 4) Requires each LEA that receives funds under this Act to provide for the participation of children enrolled in private and home schools.
Bill· HRH.R. 3249 (105th)referred
United States · United States Congress · 24 February 1998
TABLE OF CONTENTS: Title I: Description of Retirement Coverage Errors to Which This Act Applies and Measures for Their Rectification Subtitle A: Employee Who Should Have Been FERS Covered, But Who Was Erroneously CSRS Covered or CSRS-Offset Covered Instead Subtitle B: Employee Who Should Have Been FERS Covered, CSRS-Offset Covered, or CSRS Covered, But Who Was Erroneously Social Security-Only Covered Instead Subtitle C: Employee Who Should Have Been Social Security-Only Covered, But Who Was Erroneously FERS Covered, CSRS-Offset Covered, or CSRS Covered Instead Subtitle D: Employee Who Should Have Been CSRS Covered or CSRS-Offset Covered, But Who Was Erroneously FERS Covered Instead Subtitle E: Employee Who Should Have Been CSRS-Offset Covered, But Who Was Erroneously CSRS Covered Subtitle F: Employee Who Should Have Been CSRS Covered, But Who Was Erroneously CSRS-Offset Covered Instead Subtitle G: Additional Provisions Relating to Government Agencies Title II: General Provisions Title III: Other Provisions Title IV: Tax Provisions Federal Retirement Coverage Corrections Act - Applies this Act to any retirement coverage error that occurs before, on, or after the date of the enactment of this Act, excluding any error corrected within one year after the date on which it occurs. Limits the application of the amendments of this Act to any retirement coverage of any individual beginning on or after January 1, 1984. Title I: Description of Retirement Coverage Errors to Which This Act Applies and Measures for Their Rectification - Subtitle A: Employee Who Should Have Been FERS Covered, But Who Was Erroneously CSRS Covered or CSRS-Offset Covered Instead - Permits any Federal employee, who should be Federal Employees' Retirement System (FERS) covered, but who is erroneously CSRS (Civil Service Retirement System) covered or CSRS-Offset covered instead to elect to: (1) be FERS covered instead; or (2) remain or instead become CSRS-Offset covered. Permits an employee affected by such an error that has been corrected, to elect to: (1) be CSRS-Offset covered instead; or (2) remain FERS covered. (Sec. 102) Sets forth provisions regarding the effect of an election of any employee affected by such an error to be transferred from: (1) CSRS to FERS; (2) CSRS-Offset to FERS; or (3) CSRS to CSRS-Offset. (Sec. 105) Sets forth provisions regarding the effect of an election of any employee affected by such an error to be restored (or transferred) to CSRS-Offset after having been corrected to FERS from CSRS-Offset (or CSRS). Subtitle B: Employee Who Should Have Been FERS Covered, CSRS- Offset Covered, or CSRS Covered, But Who Was Erroneously Social Security-Only Covered Instead - Permits any Federal employee who should be FERS covered, CSRS-Offset covered, or CSRS covered, but who is erroneously Social Security-Only covered instead to elect to: (1) be FERS covered as well, CSRS-Offset covered as well, or CSRS covered instead (as applicable); or (2) remain Social Security-Only covered. Requires, not later than six months after the enactment of this Act, for a proposal, including any necessary draft legislation, to be submitted to the Congress permitting any employee affected by such an error (as applicable) that has already been corrected, but under less advantageous terms than would have been the case under this Act, to be afforded an opportunity to obtain treatment comparable to the treatment afforded under this Act. (Sec. 112) Sets forth provisions regarding the effect of an election of any employee affected by such an error to become: (1) FERS covered; (2) CSRS-Offset covered; or (3) CSRS covered. Subtitle C: Employee Who Should Have Been Social Security-Only Covered, But Who Was Erroneously FERS Covered, CSRS-Offset Covered, or CSRS Covered Instead - Permits any Federal employee who should be Social Security-Only covered, but who is erroneously FERS covered, CSRS-Offset covered, or CSRS covered instead to be automatically excluded from such coverage as applicable. (Sec. 124) Requires, not later than six months after the enactment of this Act, that a proposal, including any necessary draft legislation, be submitted to the Congress permitting any employee affected by such an error (as applicable) that has already been corrected, but under less advantageous terms than would have been the case under this Act, to be afforded an opportunity to obtain treatment comparable to the treatment afforded under this Act. (Sec. 125) Excepts employees whose rights have vested under FERS, CSRS, or CSRS-Offset (as according to this Act) from being automatically excluded under such coverage as applicable. Permits any employee who is erroneously vested: (1) under FERS, to elect to be automatically excluded from FERS or to remain FERS covered; and (2) in CSRS-Offset or CSRS, to elect to be automatically excluded from such coverage as applicable or to remain (or instead become) CSRS-Offset covered. Provides for the effect of an election of an employee who should be Social Security-Only covered, but who is erroneously CSRS covered, to instead become CSRS-Offset covered, to be the same as an election of any employee to be transferred from CSRS to CSRS-Offset. Sets forth a special rule in the case of a vested employee who is entitled to receive an annuity under CSRS or FERS based on disability, or compensation under the Federal Employees Compensation Act for injury to, or disability of, such employee. Subtitle D: Employee Who Should Have Been CSRS Covered or CSRS- Offset Covered, But Who Was Erroneously FERS Covered Instead - Permits any employee who should be CSRS covered or CSRS-Offset covered, but who is erroneously FERS covered instead at the time of making an election under this Act, to elect to: (1) be CSRS covered or CSRS-Offset covered instead as applicable; or (2) remain FERS covered. Permits an employee affected by such an error that has been corrected, to elect to: (1) be FERS covered instead; (2) remain CSRS covered (as applicable); or (3) remain CSRS-Offset covered (as applicable). (Sec. 132) Sets forth provisions regarding the effect of an election of any employee affected by such an error to be transferred from: (1) FERS to CSRS; or (2) FERS to CSRS-Offset. (Sec. 134) Sets forth provisions regarding the effect of an election of any employee affected by such an error to be restored to FERS after having been corrected to: (1) CSRS; or (2) CSRS-Offset. (Sec. 136) Disqualifies certain individuals to whom the same election was previously made available in connection with the same error. Subtitle E: Employee Who Should Have Been CSRS-Offset Covered, But Who Was Erroneously CSRS Covered Instead - Permits any employee who should be CSRS-Offset covered, but who is erroneously CSRS covered instead to be automatically transferred to CSRS-Offset covered. Provides that if the error has not been corrected, the employee shall be treated in the same way as if such employee had instead been CSRS-Offset covered. (Sec. 142) Requires that the effect of such an election be consistent with the effect of an election of any employee to be transferred from CSRS to CSRS-Offset. Subtitle F: Employee Who Should Have Been CSRS Covered, But Who Was Erroneously CSRS-Offset Covered Instead - Permits any employee who should be CSRS covered, but who is erroneously CSRS-Offset covered instead, to elect to: (1) be CSRS covered instead; or (2) remain CSRS-Offset covered. Permits an employee affected by such an error that has been corrected to elect to: (1) be CSRS-Offset covered instead; or (2) remain CSRS covered. (Sec. 152) Sets forth provisions regarding the effect of an election of any employee affected by such an error to be transferred from CSRS-Offset to CSRS. (Sec. 153) Sets forth provisions regarding the effect of an election of any employee affected by such an error that has been corrected to be restored to CSRS-Offset after having been corrected to CSRS. Subtitle G: Additional Provisions Relating to Government Agencies - Sets forth additional provisions relating to Government agencies. Title II: General Provisions - Directs the Office of Personnel Management (OPM) to prescribe regulations under which Government agencies shall identify and notify all individuals who are affected by a retirement coverage error giving rise to any election or automatic change in retirement coverage under this Act. Requires notification respecting errors preceding the effective date for all regulations prescribed under this Act, to be completed by December 31, 2000. (Sec. 202) Entitles an individual aggrieved by a final determination under this Act to appeal such determination to the Merit Systems Protection Board. (Sec. 206) Requires any regulations necessary to carry out this Act to be prescribed by the OPM Director, the Executive Director of the Federal Retirement Thrift Investment Board, the Social Security Commissioner, the Secretary of the Treasury, and any other appropriate authority, with respect to matters within their respective areas of jurisdiction. Provides for all such regulations to take effect six months after the enactment of this Act. (Sec. 207) Requires all elections under this Act to be approved by OPM. Title III: Other Provisions - Sets forth provisions to permit continued conformity of certain Federal retirement systems with CSRS and FERS. Title IV: Tax Provisions - Sets forth tax provisions.
Bill· HRH.R. 3256 (105th)referred
United States · United States Congress · 24 February 1998
International Responsibility and Self-Sufficiency Act of 1998 - Directs the Secretary of State to establish an index of economic freedom to evaluate annually the level of economic freedom of countries receiving U.S. development assistance. Directs the Secretary of State, while using such index, to review specified trade and economic factors with respect to each country and assign a specific numerical rating for each factor to determine an average score for each country (one for the highest and five for the lowest level of economic freedom). (Sec. 4) Directs the President, in conjunction with the submission of annual requests for authorizations and appropriations for foreign assistance programs, to submit to the Congress a ranking by category based upon the index of economic freedom for each country for which U.S. development assistance is requested for the fiscal year. Sets forth a methodology for the phase-out of U.S. development assistance to countries based on their ranking under the annual index of economic freedom. (Sec. 5) Directs the Secretary of the Treasury to instruct the U.S. Executive Director of each international financial institution to use the U.S. vote to oppose the provision of assistance (except disaster assistance), directly or indirectly, by the institution to the government, any citizen, or any entity of any country which is denied assistance under this Act. Requires the withholding of U.S. payments to any institution that provides assistance to countries ineligible to receive U.S. development assistance under this Act. Expresses the sense of the Congress that each international financial institution should establish an index of economic freedom and implement a phase-out of assistance based on such index similar to those established under this Act. (Sec. 6) Directs the Secretary of the Treasury to: (1) withdraw the United States from an international financial institution as soon as it is determined that U.S. development assistance may not be provided to a country to which such institution may provide assistance; and (2) negotiate an agreement on the method of settling accounts with the institution.
Bill· HRH.R. 3247 (105th)referred
United States · United States Congress · 24 February 1998
Community Safety Act of 1998 - Amends title XI of the Social Security Act to exempt from certain (anti-kickback) criminal penalties any hospital remunerations to an ambulance provider owned or operated by a State or local government or tax-exempt charitable organization that are in kind replenishments of certain ambulance drugs and supplies used during the transport of a patient to the hospital. Prohibits the determination of such remuneration in a manner that takes into account the volume or value of any referrals or business otherwise generated between the parties for which payment may be made in whole or part under a Federal health care program.
Bill· HRH.R. 3257 (105th)referred
United States · United States Congress · 24 February 1998
Waives time limitations relating to the filing of a claim for a tax credit or refund of an overpayment of Federal income taxes by a named individual.
Bill· SS. 1666 (105th)referred
United States · United States Congress · 23 February 1998
Amends Internal Revenue Code (IRC) provisions regarding the Presidential Election Campaign Fund (Fund) to define "fundraising activity." Adds new conditions for eligibility for Fund payments to: (1) bar presidential candidates, members of their immediate families, and their authorized committees from participating in fund raising during the expenditure report period; and (2) require presidential candidates to agree not to participate in coordinated disbursements during the election report period. Defines a "coordinated disbursement" as a purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made in connection with specified types of general public communications or advertising by a person (other than a candidate or the candidate's committee) in cooperation with, or at the request of, a candidate, member of the candidate's immediate family, the candidate's committees, or a committee of a political party. Adds new conditions for eligibility for Presidential Primary Matching Payment Account (Account) payments to prohibit: (1) presidential primary candidates, members of their immediate families, and their authorized committees from participating in any fundraising activity during the matching payment period unless such activity has as its sole purpose the solicitation or acceptance of contributions as defined under the Federal Election Campaign Act of 1971 (FECA); and (2) such candidates and committees from participating in coordinated disbursements during such period except to the extent that the disbursement is a contribution subject to FECA contribution limits. (Sec. 2) Amends FECA to prohibit a national committee of a political party eligible to receive payments for a presidential nominating convention (national committee), during the matching payment and expenditure report periods, from: (1) making disbursements for electioneering advertising in connection with presidential or vice presidential candidates except from funds subject to FECA limitations and reporting requirements; or (2) transferring funds that are not subject to FECA to a State, district, or local committee of a political party to make disbursements for such purposes. Applies a specified limitation on coordinated expenditures by committees of a political party to the aggregate of expenditures, disbursements for electioneering advertising, and independent expenditures made by the national committee in connection with a presidential candidate. Bars national committees from: (1) participating in coordinated disbursements during the matching payment and expenditure report periods with respect to presidential or vice presidential candidates; and (2) soliciting any funds for, or making or directing any donation to, specified tax-exempt organizations that engage in election-related activities. Adds "soft money" provisions to: (1) prohibit a national committee (and specified related entities) from soliciting, receiving, or directing to another person contributions or spending funds not subject to FECA; and (2) require amounts spent by national, State, district, or local committees of political parties to raise funds for Federal election activities to be made from funds subject to FECA. Limits personal contributions to a political committee established by a State committee of a political party eligible to receive presidential convention payments to an annual amount of $10,000. (Sec. 3) Requires presidential or vice presidential candidates eligible for Fund or Account payments to include a statement on any advertisement to the effect that Federal law establishes voluntary spending limits for presidential candidates and to indicate whether the individual candidate has agreed to abide by such limits. (Sec. 4) Denies certain tax-exempt organizations exemption from taxation if they: (1) solicit or accept a contribution from a committee of a political party or an authorized committee of a candidate; (2) make or direct a contribution to such committees; or (3) make specified disbursements for electioneering advertising or participate in coordinated disbursements. (Sec. 5) Includes within the definition of "political committee" under FECA certain tax-exempt political organizations described under the IRC unless such an organization's activities are for the exclusive purpose of influencing State or local elections. Redefines "political organization" to limit the tax benefits to those organizations described as "political committees" under FECA except to the extent that their activities are State- or locally-related.
Bill· SS. 1664 (105th)referred
United States · United States Congress · 23 February 1998
TABLE OF CONTENTS: Title I: Federal Election Commission Reform Title II: Enhanced Campaign Finance Disclosure Federal Election Enforcement and Disclosure Reform Act - Title I: Federal Election Commission Reform - Amends the Federal Election Campaign Act of 1971 (FECA), with respect to the Federal Election Commission, to: (1) revise requirements regarding the membership of the Commission, including limiting Commissioners to serving a single term of seven years; (2) mandate electronic filing of FECA reports; (3) grant independent litigating authority to the Commission; (4) permit a person who files a complaint to bring a civil action against the Commission if the Commission fails to investigate or dismiss the complaint within 120 days after the complaint is filed; and (5) direct the Commission to establish a schedule of monetary penalties for the late filing of reports. (Sec. 107) Establishes the Advisory Committee on Federal Campaign Reform to study the laws (including regulations) that affect how election campaigns are conducted and the implementation of such laws and make recomendations for change. Requires the Committee to submit a biennial report to the Congress which shall include: (1) any recommendations for changes in the laws governing the conduct of Federal campaigns, including any changes in the rules of the Senate or the House of Representatives to which a majority of Committee members agree; and (2) a draft of any proposed legislation, including both the majority and the minority views with regard to any recommendation. Sets forth fast track procedures for congressional consideration of a Federal election bill to carry out the Committee's recommendations in the draft legislation submitted. Authorizes appropriations. (Sec. 108) Authorizes appropriations for the funding of the Commission. Directs the Commission to establish, by regulation, a schedule of user fees that apply to persons required to file reports. States that any fees collected are hereby appropriated for use by the Commission and the Advisory Committee in carrying out their duties, and shall remain available without fiscal year limitation. Limits the estimated operating costs of the Commission and the Advisory Committee. (Sec. 109) Authorizes the Commission to conduct random audits and investigations to ensure voluntary compliance with FECA. Extends the period during which campaign audits may be begun. (Sec. 110) Authorizes the Commission to seek an injunction, if, at any time in certain proceedings, the Commission believes that there is a substantial likelihood that a violation of FECA is occurring or is about to occur. (Sec. 111) Increases the penalty for knowing and willful violations. (Sec. 112) Permits the Commission to expedite certain proceedings. Title II: Enhanced Campaign Finance Disclosure - Requires authorized committees to deposit certain contributions in an escrow account unless the information required is complete. (Sec. 202) Modifies the term "identification" to include an affirmation that any individual (or any other person) is not prohibited from making a contribution. (Sec. 203) Revises certain reporting requirements.
Bill· SS. 1642 (105th)referred
United States · United States Congress · 12 February 1998
Federal Financial Assistance Management Improvement Act of 1998 - Directs the Director of the Office of Management and Budget, in consultation with Federal agency heads, to coordinate and assist Federal agencies in establishing: (1) a uniform Federal financial assistance application or set of such uniform applications; (2) ways to streamline Federal financial assistance administrative procedures and reporting requirements for grantees; (3) a uniform Federal financial assistance system; (4) an electronic application and reporting process; (5) use of common rules; (6) improved interagency and intergovernmental coordination of information collection and sharing of data, including the development of a release form to be used by grantees; (7) a process to strengthen the information resources management capacity of State and local governments and qualified organizations; and (8) specific annual goals and objectives to further the purposes of this Act. Permits the Director to designate a lead agency to assist him or her and use interagency working groups to assist in carrying out such responsibilities. Requires the Director to: (1) review agency plans and reports developed under this Act for adequacy; (2) monitor each agency's annual performance toward achieving the goals and objectives stated in the agency's plan; (3) ensure that each agency plan does not diminish standards to measure performance and accountability of financial assistance programs; and (4) report to the Congress on implementation of this Act. Exempts any Federal agency from the requirements of this Act if the Director determines that the agency does not have a significant number of Federal financial assistance programs. Requires the Director, not later than November 1 of each fiscal year, to submit to the Senate Committee on Governmental Affairs and the House Committee on Government Reform and Oversight: (1) a list of each agency exempted in the preceding fiscal year; and (2) an explanation for each such exemption. Directs the Director to issue guidance on implementation of the requirements of this Act, including a statement on the common rules that he or she intends to review and standardize under this Act. Sets specifications for the development and implementation of plans by Federal agencies, including for each agency to designate a lead agency official for carrying out the agency's responsibilities under this Act. Requires the lead official to consult regularly with representatives of State and local governments and qualified organizations during development of the plan. Requires each Federal agency to submit the plan to the Director and the Congress and report annually thereafter on the implementation of the plan and the agency's performance in meeting the goals and objectives specified under this Act. Directs the Director or the lead agency to contract with the National Academy of Public Administration to evaluate the effectiveness of this Act. Requires the evaluation to be submitted to the lead agency, the Director, and the Congress. Terminates this Act five years after enactment.
Bill· SS. 1635 (105th)open
United States · United States Congress · 12 February 1998
Amends the Internal Revenue Code to revise capital gains rates for corporate and noncorporate taxpayers. (Sec. 2) Substitutes the indexed basis (inflation-increased adjusted basis) for the adjusted basis with respect to gain and loss of disposed indexed assets (corporate stock and tangible capital assets or business property) held for more than one year. Sets forth related provisions with respect to: (1) certain conduit entities; (2) related party dispositions; and (3) transfers to increase indexing adjustment or depreciation allowance. (Sec. 3) Repeals certain Federal transfer taxes with respect to the estates of persons dying, and gifts and generation-skipping transfers made, after enactment of this Act.
Bill· SS. 1638 (105th)open
United States · United States Congress · 12 February 1998
TABLE OF CONTENTS: Title I: Healthy Kids Trust Fund Subtitle A: General Provisions Subtitle B: Payments Title II: FDA Jurisdiction Over Tobacco Products Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates Title IV: Tobacco Transition Assistance Fund Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VI: Public Health and Other Programs Subtitle A: Research Programs Subtitle B: Education and Prevention Programs Subtitle C: Miscellaneous Programs Title VII: Liability Protection; Consent Decrees; National Protocol Subtitle A: Liability Protection and Attorney Fees Subtitle B: Consent Decrees Subtitle C: National Tobacco Control Protocol Title VIII: Miscellaneous Provisions Title IX: Provisions Relating to Native Americans Healthy Kids Act - Title I: Healthy Kids Trust Fund - Subtitle A: General Provisions - (Sec. 101) Establishes the Health Enhancement and Lowered Tobacco Hazards for Young Kids Trust Fund (HEALTHY Kids Trust Fund)(Fund). Appropriates to the Fund the initial payment under section 102 of this Act and 75 percent of annual assessments under section 102, fines or penalties under section 103, and amounts repaid or recovered under title III. Authorizes appropriations to the Fund as repayable advances. Makes specified percentages of Fund amounts available without further appropriation for carrying out provisions of this Act, for the Hospital Insurance Trust Fund, and for reducing the Federal debt subject to limit. Excludes amounts for the Hospital Insurance Trust Fund and the debt from consideration for the Emergency Deficit Control Act of 1985, the Congressional Budget Act of 1974, and House Concurrent Resolution 67 of the 104th Congress. (Sec. 102) Requires each tobacco product manufacturer (including repackers, labelers, and relabelers) to pay annually to the Fund amounts based on that manufacturer's stock market capitalization as compared to the average stock market capitalization of all manufacturers. Mandates annual assessments on each manufacturer based on the number of specified products removed during the year. Provides for floor stock treatment. Makes the initial capitalization-based payment and any penalties under title III 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. Prohibits manufacturers from using any liability insurance to make payments into the Fund. Mandates regulations regarding placing a Healthy Kids Stamp on each tobacco product package for which an assessment has been paid. Exempts a manufacturer who has consent decrees with more than 25 States before 1998 from the initial payment and certain portions of annual payments. (Sec. 103) Establishes a tobacco manufacturer licensing program. Requires a manufacturer or importer to be licensed to manufacture, distribute, or import tobacco products and to be eligible for protections under subtitle A of title VII. Mandates, for assessment nonpayment, manufacturer and importer license ineligibility and license revocation or suspension. (Sec. 104) Imposes a minimum monetary penalty for noncompliance with section 102. Subtitle B: Payments - Chapter 1: To States - Requires that funds under section 101 be made available to reimburse each eligible State for: (1) State expenditures under title XIX (Medicaid) of the Social Security Act for the treatment of individuals with tobacco-related conditions; (2) other State expenses incurred in providing treatment for tobacco-related conditions; and (3) providing funds to local governments. Requires States, in order to receive the funds, to: (1) agree to resolve any State civil action against a tobacco manufacturer, distributor, or retailer; (2) submit a plan regarding payments to local governments; and (3) have procedures to provide an equitable portion of the funds to local government entities for the local entities' tobacco-related health costs. Chapter 2: Federal Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), transferring to it amounts made available under section 101. Sets forth the portions of Research Fund amounts to be used for specified purposes. Chapter 3: Investments for Children - Requires use of amounts under section 101: (1) working through the Child Care and Development Block Grant Act of 1990, to improve child care, early childhood development, school-aged care, parent education and supportive services, health services, and services for children with disabilities; and (2) for grants to State and local educational agencies to train, recruit, and hire elementary school teachers, thus reducing average class size for certain grades. (Sec. 133) Amends Medicaid provisions regarding presumptive eligibility for children to include in the definition of "qualified entity" elementary or secondary schools, child care resource and referral agencies, and agencies authorized to determine child eligibility for health assistance under title XXI (Children's Health Insurance) of the Social Security Act. Modifies requirements regarding certain Medicaid expenditures that are counted against individual State allotments. Allows an alien who lawfully entered the United States after August 22, 1996, to be eligible for child health assistance under title XXI and Medicaid, notwithstanding the five-year means-tested public benefit waiting period or any other provision of law. Declares that a State does not have the authority to determine the Medicaid eligibility of a qualified alien. Makes the above amendments of this section effective as if they had been included in the Balanced Budget Act of 1997. Mandates a performance bonus payment to each State relating to increases in the number of Medicaid-enrolled children. (Sec. 134) Mandates a demonstration project providing for payment under title XVIII (Medicare) of the Social Security Act of routine patient care costs that are provided to an individual with cancer and enrolled in Medicare as part of the individual's participation in a clinical trial and that are not otherwise eligible for Medicare payment. Requires use of amounts available under section 101 to carry out this section. Title II: FDA Jurisdiction Over Tobacco Products - Deems specified regulations to have been promulgated under the Federal Food, Drug, and Cosmetic Act (FDCA) as amended by this title. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definition of "drug" and tobacco product delivery components in the definition of "device." Authorizes regulation of any tobacco product as a drug, device, or both. Deems tobacco misbranded if it: (1) states or implies that it presents a reduced health risk unless the product will achieve the best public health result; or (2) violates the FDCA or its regulations. Makes noncompliance with specified provisions added to the FDCA by this Act a prohibited act under the FDCA. Makes provisions preempting State and local requirements inapplicable to tobacco product devices. (Sec. 204) Exempts tobacco products from device Class II special controls if the Secretary of Health and Human Services finds that special controls will achieve the best public health result. Declares that, for the purposes of listed provisions, the safety and effectiveness of a tobacco product device need not be found if the action to be taken under any such provision would achieve the best public health result. Authorizes a tobacco product recall if the best public health result would be achieved. (Sec. 205) Establishes the Scientific Advisory Committee to assist the Secretary, examine the effects of tobacco product nicotine yield level alteration, examine whether there is a nicotine threshold below which dependence is not produced, and review other safety, dependence, or health issues regarding tobacco products. Authorizes the Secretary to adopt a tobacco product performance standard regardless of whether the product has been classified under device classification provisions. Allows the standard to include: (1) reduction or elimination of nicotine; or (2) reduction or elimination of other constituents. Authorizes the Secretary to require that a manufacturer test, report, and disclose tobacco and tobacco smoke constituents, including in labeling and advertising. Requires manufacturers to annually submit: (1) an ingredient list for each brand it manufactures; and (2) a safety assessment for each new ingredient it desires to make a part of the product, with current ingredients receiving a safety assessment within five years after enactment of this Act. Requires that the safety assessment demonstrate that the ingredient will not present any risk to consumers or the public in the intended quantities. Mandates regulations to prohibit any ingredient if: (1) no safety assessment has been submitted as required; or (2) the Secretary finds that safety has not been demonstrated. Requires tobacco product packages to disclose: (1) all ingredients; and (2) the percentages of domestic and foreign tobacco. Authorizes the Secretary to require disclosure of an ingredient that relates to a trade secret if the Secretary determines that the disclosure will promote the public health. Mandates specified warnings on cigarette and smokeless tobacco packages and advertising. Preempts related State or local requirements. Declares that nothing in this paragraph relieves any person from liability to any other person at common law or under State statutory law. Makes it unlawful to advertise tobacco products on electronic communications subject to Federal Communications Commission jurisdiction. Directs the Secretary to restrict the access of minors to tobacco products. Requires States, in order to receive amounts under section 111 of this Act, to have a program meeting or exceeding the requirements of the model State program under which a retailer would be required to obtain a State or local license to distribute tobacco products. Includes in minimum model program requirements: (1) licensing fees to defray program administration; (2) prohibiting retail distribution without a license; (3) prohibiting distribution to minors; (4) monetary penalties for violations; and (5) suspension and revocation for repeated distribution to minors or violation of State or local law. Provides for specified penalties for distribution to minors, including penalties imposed on employees of retailers, minors (including loss of driving privileges), and retailers. Authorizes enforcement grants to States. Authorizes the Secretary to enforce the prohibition of distribution to minors. Declares that the provisions of this paragraph do not preempt State or local laws providing greater restrictions than these provisions. Mandates a Federal tobacco licensing program regarding military installations, U.S. embassies, Federally-owned facilities, duty-free shops, and any other Federal entity or Federal property. Treats an Indian tribe or tribal organization as a State for applying and enforcing the provisions of this paragraph regarding Indian reservations. Requires each manufacturer to submit to the Secretary each document in the manufacturer's possession: (1) relating to tobacco-caused health effects in humans or animals (including addiction), control of nicotine, tobacco sale or marketing, or research involving safer tobacco products; or (2) produced, or ordered to be produced, in any health-related civil or criminal proceeding, including attorney-client and other documents produced, or ordered to be produced, for in camera inspection. Directs the Secretary to make the documents available to the public. Exempts from public disclosure trade secrets and attorney-client privilege materials unless the Secretary determines disclosure is necessary to promote the public health. Authorizes any individual to begin a civil action: (1) against any person allegedly in violation of these provisions; or (2) against the Secretary or the Commissioner of Food and Drugs for alleged failure to perform as required. Prohibits regulations having the effect of placing burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Title III: Youth Smoking Reduction Targets and Incentives to Reduce Youth Smoking Rates - Mandates an annual survey of the percentage of individuals under 18 using tobacco products. (Sec. 303) Requires annual determinations of whether the required percentage reduction in underage tobacco use has been achieved. Specifies the required reductions in cigarette and smokeless tobacco products. Requires each manufacturer to reduce the percentage of children who use the manufacturer's brand accordingly. (Sec. 304) Mandates industry-wide and individual manufacturer monetary penalties if targets are not met for a year. Multiplies the penalties for consecutive failure years. Requires regulations to prohibit the sale of single packs of a manufacturer's tobacco products in cases of repeated noncompliance with required reductions and to require generic packaging in severe repeated noncompliance. Authorizes regulations requiring reductions in the use of other tobacco products by individuals under 18, including manufacturer monetary penalties for reduction failures. Title IV: Tobacco Transition Assistance Trust Fund - Establishes the Tobacco Transition Trust Fund and transfers to it amounts available under section 101. Authorizes appropriations to the Fund as repayable advances as necessary for Fund expenditures. Makes the Fund available for transition assistance to tobacco producers and tobacco-growing communities to adjust to reduced demand for tobacco, including economic development assistance, producer and factory worker retraining, or producer scholarships. Makes those amounts available only if a law is enacted by January 1, 2000, specifically prescribing Fund authorized uses. Declares that this title constitutes budget authority in advance of appropriations Acts. Terminates the authority of this title unless such a prescribing law is enacted. Title V: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except certain types of facilities)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Sets forth special rules for: (1) schools and other facilities serving children; and (2) public transportation. Requires States, in order to receive funds under this Act, to demonstrate enforcement. Title VI: Public Health and Other Programs - Subtitle A: Research Programs - Mandates programs (through grants, contracts, or otherwise) to: (1) promote expanded research concerning specified aspects of tobacco and health; and (2) for the conduct of research on the cultural, social, behavioral, neurological, and psychological reasons that individuals refrain from using, begin, continue, or quit using tobacco products. (Sec. 603) Mandates surveillance and evaluation to monitor patterns of tobacco use and determine the effectiveness of various anti-tobacco programs funded under this Act. Requires that funding be made available for the activities under this subtitle. Subtitle B: Education and Prevention Programs - Mandates a program of grants to States for: (1) school-, college-, or university-based education programs concerning tobacco product use dangers; and (2) community-based prevention programs. Requires that funding be made available. Subtitle C: Miscellaneous Programs - Requires a program to reduce tobacco use through national and local media-based (such as counter-advertising campaigns) and nonmedia-based education, prevention, and cessation campaigns. Requires that funding be made available. (Sec. 622) Establishes the National Tobacco Cessation Program. Authorizes grants, contracts, and cooperative agreements. Requires making funding available. (Sec. 623) Establishes a program to provide assistance and compensation to individuals (and entities providing services to individuals) suffering from tobacco-related conditions, targeting uninsured or underinsured individuals who can demonstrate financial hardship. Requires making funding available. (Sec. 624) Authorizes multilateral assistance to foreign countries to assist in reducing and preventing the use of tobacco in foreign countries, focusing on preventing use by minors. Requires making funding available. Establishes in the District of Columbia a private, nonprofit corporation to be known as the American Center on Global Health and Tobacco (ACT). Requires that an International Advisory Council advise ACT. Mandates the annual transfer of a specified amount to carry out this paragraph. Makes ACT and its grantees subject to the oversight and supervision of the Congress. (Sec. 625) Mandates the National Event Sponsorship Program, authorizing grants for the sponsorship of athletic or other social or cultural events that, before enactment of this Act, was provided by a tobacco manufacturer or distributor. Requires making funding available. Terminates the Program ten years after enactment of this Act. (Sec. 626) Requires a program of grants to States to augment existing programs to reduce alcohol and illicit drug use by individuals under 18. Requires making funding available. Title VII: Liability Protection; Consent Decrees; National Protocol - Subtitle A: Liability Protection and Attorney Fees - Requires that, in order to receive funds under section 111, a State resolve any existing, and agree not to start any new, civil action seeking recovery for expenditures attributable to tobacco-related conditions commenced by the State against a manufacturer, distributor, or retailer and pending at enactment of this Act. Bars the Federal Government from starting any such action. Prohibits construing these provisions to limit an individual's right to start a civil action for past, present, or future conduct by tobacco product manufacturers, distributors, or retailers. (Sec. 702) Establishes an Arbitration Panel to award attorney's fees and expenses relating to litigation affected by, or legal services resulting in, this Act. Prohibits any Panel award from affecting any fee payments required under any provision of this Act. Subtitle B: Consent Decrees - Requires that, in order to receive funds under section 111 a State, and in order to receive liability protections under subtitle A tobacco manufacturer, enter into consent decrees under this subtitle. Allows a State to qualify with good faith but unsuccessful efforts. Requires that the decrees resolve State actions for claims associated with manufacturer conduct before this Act. Sets forth required terms, conditions, and limitations. Makes the decrees enforceable by the signatories and the Attorney General. Requires, prior to decree entry by a court, that the decrees be: (1) approved by the Secretary and the Attorney General; (2) fair and reasonable; and (3) in the public interest. Subtitle C: National Tobacco Control Protocol - Chapter 1: Establishment - Requires that a tobacco manufacturer, in order to receive liability protections under subtitle A, enter into a National Tobacco Control Protocol with the U.S. Attorney General and the attorney general of each State that does not opt out. Requires that the Protocol be a binding contract embodying the terms of this subtitle and designed to be enforceable in Federal or State courts. Chapter 2: Terms and Conditions - Declares that this chapter is a part of the Protocol. (Sec. 726) Prohibits tobacco advertising: (1) outdoors; (2) except as allowed in this Act, in any arena or stadium where athletic or other social or cultural activities occur; (3) using a human image or cartoon character; (4) on the Internet, unless inaccessible in or from the United States; and (5) subject to exception, at the point of sale. (Sec. 727) Prohibits a manufacturer from using a trade or brand name of a non-tobacco product for a cigarette or smokeless tobacco product, unless in use before 1998. Sets forth situations in which tobacco brand names or other identification indicia may, with prior notice to the Secretary, be used in advertising and labeling. Prohibits payment for the placement of tobacco products in television programs, motion pictures, or videos or on video game machines. Prohibits direct or indirect payment or consideration for promoting tobacco product image or use through print, film, or broadcast media that appeals to individuals under 18 or through a live performance artist that appeals to such individuals. (Sec. 728) Allows, subject to exceptions, tobacco product labeling and advertising to use only black text on a white background. Limits audio (alone or with video) to words only, prohibiting music and sound effects. (Sec. 729) Prohibits: (1) the use of a tobacco product brand name, logo, symbol, motto, selling message, recognizable color or pattern of colors, or any other indicia of product identification on any service or nontobacco item; (2) offering tobacco purchasers any non-tobacco item in consideration of purchase; and (3) manufacturers, distributors, and retailers from sponsoring athletic or other social or cultural event in which any indicia of product identification is used (but allows sponsorship under the corporate name, if in use before 1995 and if the corporate name does not include any indicia of product identification). Chapter 3: Enforcement - Allows the Attorney General to bring an action for enforcement, or restrain a breach, of the Protocol. Allows restraining orders, orders of specific performance, civil monetary penalties, and (for officers of manufacturers who knowingly violate the Protocol) criminal penalties, including incarceration. Authorizes grants and contracts for State enforcement. Authorizes use of amounts from the HEALTHY Kids Trust Fund and Department of Justice funds for Attorney General enforcement. (Sec. 732) Authorizes the attorney general of a State to bring an action for enforcement, or to restrain a breach, of the Protocol if the alleged violation occurred in that State. Provides for concurrent Federal and State court jurisdiction in such actions. Allows the remedies specified in section 731. (Sec. 733) Authorizes a manufacturer to file an action seeking a declaration of its Protocol rights and obligations. Authorizes any person to bring an action to enforce the Protocol, with any damages remitted to the Treasury. Entitles any manufacturer to intervene as a matter of right in any Federal or State Attorney General enforcement action. Title VIII: Miscellaneous Provisions - Prohibits the use of funds made available by appropriations or otherwise for specified actions, including: (1) promoting the export, reexport, sale, manufacture, advertising, or use of tobacco products to or in a foreign country; or (2) subject to exception, seeking the removal or reduction of any foreign restriction on the importation, export, sale, manufacture, advertising, use, imposition of tariffs, or taxation of tobacco products. (Sec. 802) Prohibits reprisals against a whistleblower employee of any tobacco product manufacturer, distributor, or retailer for disclosing to specified Federal agencies or State or local authorities information regarding a violation of law related to this Act or related State or local laws. Allows the whistleblower to receive a portion of a payment to the Government resulting from the whistleblower's disclosure. (Sec. 803) Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to make it unlawful for any domestic concern, directly or through a foreign subsidiary or affiliate, to use the mails or interstate commerce to contribute to: (1) the foreign sale or distribution of tobacco products to children or the foreign advertising of tobacco products in a way that appeals to children; and (2) the tobacco product export from any country without a package warning label in the primary language or languages of the country of sale or distribution that complies with domestic labeling requirements. Adds the unlawful acts of this section to the FDCA list of prohibited acts and entitles a person who provides information leading to a related criminal conviction to a portion of the criminal fine collected. (Sec. 804) Allows State or local measures to further this Act's purposes not less stringent than the requirements of this Act. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products in any area in tribal or tribal organization jurisdiction, with exceptions for religious practices. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act requirements regarding tobacco products to such areas. Provides for the treatment of tribes and tribal organizations under various provisions of this Act. Prohibits manufacturers from engaging in any activity in such areas that is prohibited under the Protocol. Requires that amounts made available under certain portions of section 101 be provided to the Indian Health Service for anti-tobacco-related consumption and cessation activities. Allows tribes and tribal organizations to: (1) take measures to further this Act's purposes in addition to the requirements of this Act; and (2) have rules or practices providing greater protection from the health hazards of environmental tobacco smoke. Prohibits a State from imposing requirements regarding the application of this Act to Indian tribes and tribal organizations.
Bill· SS. 1648 (105th)open
United States · United States Congress · 12 February 1998
TABLE OF CONTENTS: Title I: Regulation of Tobacco Products and Tobacco Product Development Title II: National Efforts to Reduce Youth Smoking Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Miscellaneous Provisions Preventing Addiction to Smoking Among Teens Act (or PAST Act) - States as national goals that the average annual incidence of daily use of tobacco products by individuals under 18 years of age (minors) be reduced: (1) by 30 percent during the fifth and sixth calendar years after the enactment of this Act; (2) by 50 percent during the seventh, eighth, and ninth calendar years thereafter; and (3) by at least 60 percent during the tenth and subsequent years thereafter. Makes the above reduction 25, 35, and 45 percent, respectively, during such periods with respect to smokeless tobacco products. Title I: Regulation of Tobacco Products and Tobacco Product Development - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include as prohibited activities: (1) the introduction into interstate commerce of any tobacco product that does not comply with health and safety regulatory requirements prescribed pursuant to this Act; and (2) the failure by the manufacturer of a tobacco product to comply with a health risk management standard, a good manufacturing practice standard, or a product labeling, warning, or packaging standard prescribed pursuant to this Act. Subjects tobacco product facilities to inspections under such Act. Adds a new FDCA chapter concerning health and safety regulatory requirements for tobacco products. Directs the Secretary of Health and Human Services to: (1) receive, assess, and provide appropriate confidentiality regarding certain health information submitted by each manufacturer or importer of tobacco products; (2) develop and implement with respect to such products health risk reduction standards, good manufacturing practice standards, and product labeling, warning, and packaging standards; (3) enforce and revise the labeling, warning, and packaging standards; (4) develop and implement tobacco product reduced risk and marketing standards; (5) establish and oversee a tobacco products scientific advisory committee which shall provide advice on the establishment of tobacco product marketing standards; and (6) submit reports to the Congress evaluating the effectiveness of such chapter and this Act. Requires each manufacturer or importer of tobacco products to submit to the Secretary specified product information, including ingredients, substances, and compounds, nicotine content, and scientific and marketing research activities and findings. Requires such information to be updated on an annual basis. Provides for the confidentiality of such information. Allows a manufacturer to petition the Secretary for a partial exemption from such requirements based upon a trade secret, with a required petition determination procedure. Directs the Secretary to establish tobacco product health risk reduction standards. Authorizes the Secretary to amend or revoke such standards. Authorizes the Secretary to adopt a standard that requires the modification of a tobacco product that involves the gradual reduction of nicotine, the reduction or elimination of other harmful ingredients, substances, and compounds, and changes to reduce the likelihood of cigarette-induced fires. Requires standards adopted to have as their objective the reduction of overall health risk to the public. Prohibits the Secretary from delegating the authority to promulgate a regulation that results in a general prohibition of a class of tobacco products or the elimination of nicotine. Directs the Congress to review, and authorizes it to disapprove of, any rule establishing, amending, or revoking a standard. Requires adopted standards to include the assessment of health risks posed by the components of tobacco, including nicotine and tar, and by tobacco use, including carbon monoxide. Requires each tobacco manufacturer to submit to the Secretary a health risk assessment for each ingredient, substance, or compound of each tobacco product of such manufacturer. Allows such assessment to be carried out by a third party organization on behalf of one or more manufacturers. Allows the Secretary to prohibit the use of any ingredient, substance, or compound in a tobacco product if no assessment has been submitted within 12 months after enactment of this Act. Provides for the review and approval or disapproval of such assessments. Directs the Secretary to require that the methods, facilities, and controls used in the manufacture, packaging, and storage of a tobacco product conform to current good manufacturing practices. Directs the Secretary to establish a Tobacco Product Requirements Waiver Board to provide advice and make recommendations with respect to the approval or disapproval of petitions for an exemption or variance from such conformance requirements. Makes it unlawful for any person to manufacture, package, or import for sale or distribution any cigarettes the package of which fails to bear one of nine specified statements as to the harm or dangers posed by cigarette use. Requires one such statement to be used in any cigarette advertising. Requires such statements to appear on the upper portion of the front panel of the cigarette package and to occupy no less than 25 percent of such panel. Outlines related labeling requirements, with exceptions, for cigarette packaging and advertising. Requires the quarterly rotation of labeling statements. Makes it unlawful to advertise cigarettes and small cigars on any medium of electronic communications, subject to the jurisdiction of the Federal Communications Commission. Makes it unlawful for any person to manufacture, package, or import any smokeless tobacco product the package of which fails to bear one of four specified statements as to the harm or dangers posed by such use. Outlines labeling, advertising, and rotation requirements similar to those provided for cigarettes, above, including a prohibition on advertising. Requires all manufacturers of tobacco products (regular and smokeless) to include on their product a general use statement to the effect that use of such product is intended only for persons 18 years of age and older. Prohibits, with respect to all tobacco products: (1) any form of outdoor advertising, including in stadiums or arenas; (2) the use of human images or cartoons in advertising; (3) advertising on the Internet; and (4) point-of-sale advertising (with certain exceptions and limitations). Provides general restrictions concerning the use of product names. Prohibits payments from being made by a manufacturer, distributor, or retailer for the placement of any tobacco product package or advertisement: (1) as a prop in any television program or motion picture; or (2) in a video or on a video game machine. Prohibits such payments from being made to promote the image or use of such products through print or film media that appeals to individuals under 18 years old or through a live performance by an entertainment artist that appeals to such individuals. Requires (with exceptions) tobacco product labeling and advertising to use only black text on a white background. Prohibits tobacco product manufacturers, importers, distributors, and retailers from marketing, licensing, distributing, or selling any item other than such product which bears the same brand name or other recognizable symbol of such product. Prohibits the use of gifts, contests, and lotteries in conjunction with the sale of tobacco products. Prohibits the use of tobacco brand names for the sponsorship of events, but allows the use of the corporate name under certain conditions. Allows a product to be designated by the Secretary as a reduced risk tobacco product if such product delivers a substantially lower yield of toxic substances than that delivered by conventional tobacco products. Outlines application, research, and marketing requirements for the reduced risk products. Requires a manufacturer to provide written notice to the Secretary upon the development or acquisition of any technology that would reduce the health risk of such products. Authorizes the Secretary, upon a determination of a reduced health risk of a product, to require: (1) the disclosure and use of the technology providing such reduced risk; and (2) that manufacturers cease manufacturing and marketing products not incorporating such technology. Directs the Secretary to implement specified restrictions on the marketing of tobacco products to minors, including: (1) prohibitions against retailer distribution of such products to minors, out-of-package distribution, distritution of free samples, or distribution through a vending machine or self-service display; and (2) requirements for photo identification of purchasers under age 27 and for face-to-face transactions. Allows a tobacco product to be distributed through the mail if there is a procedure for verifying that minors are not receiving the mailed products (with a required review of such procedure by the Secretary within two years after enactment of this Act). Directs the Secretary to establish the Tobacco Products Scientific Advisory Committee to: (1) assist in establishing, amending, or revoking a regulation required in prior provisions of this Act; (2) examine and make recommendations concerning nicotine yield levels; and (3) review other safety, dependence, or health issues relating to tobacco products. Directs the Secretary to prepare and submit to the Congress biennial reports concerning: (1) current sales, advertising, and marketing practices for tobacco products; (2) tobacco product use, especially among individuals under 18 years old; and (3) certain health issues related to tobacco product use. Allows any person adversely affected by any regulation adopted under this Act to file with the District of Columbia Court of Appeals or any appropriate Federal circuit court a petition for review. Provides review procedures. Allows the Secretary to use certain fees required of manufacturers, distributors, and retailers under this Act for the regulation and control of tobacco products. Requires the Secretary to set the total yearly collected fees at $100 million. Allows the adoption of State and local product regulatory laws that are in addition to, or more stringent than, requirements established under this Act. Repeals the Comprehensive Smokeless Tobacco Health Education Act of 1986. Directs the Secretary, after certain consultation, to establish and implement a Federal tobacco licensing program to be applied to entities that sell or distribute tobacco products to military installations, U.S. embassies, other Federal entities, and duty-free shops. Treats Indian tribes and lands as a State for purposes of such program. Title II: National Efforts to Reduce Youth Smoking - Tobacco Use by Minors Prevention Act - Amends the Public Health Service Act to add a new title "National Efforts to Reduce Youth Smoking." Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by minors; and (2) determine whether specified percentage reductions have been achieved. Mandates a surcharge on manufacturers if the reduction has not been achieved. Sets dollar limits on total surcharges during a calendar year. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Mandates manufacturer license fee reductions if use reduction targets are exceeded. Requires a State, in order to be eligible for Federal payments for the treatment of health and medical problems related to tobacco product use, to have and enforce a law that prohibits the sale of tobacco products to minors and ensures compliance with such prohibition. Sets forth a model State law establishing a program under which a person is required to obtain a State or local license to sell or otherwise distribute tobacco products directly to consumers. Includes under the model law provisions: (1) prohibiting tobacco product distribution to minors; (2) requiring tobacco licenses for distributors; (3) requiring photo identification of buyers and face-to-face purchase transactions; and (4) prohibiting out-of-package distribution or product sampling. Outlines tobacco licensing requirements, including State approval or denial within 30 days after application. Provides civil and criminal penalties for licensees and their employees for the sale or distribution of tobacco products in violation of licensing requirements. Provides for the suspension or revocation of such licenses in appropriate circumstances, requiring an opportunity to be heard on the matter. Prohibits a minor from purchasing, receiving, possessing, or using tobacco products in public places (mandating parental notification of violation allegations). Mandates random, unannounced inspections of licensed establishments, using minors to test compliance. Regulates retail signage. Requires notification of retail tobacco employees of relevant requirements. Imposes employer liability if such employer pays an employee's penalty. Provides a no-license penalty of two times the applicable license fee and $250 for each day that distribution continues without such license. Makes $65 million available annually from the Tobacco Settlement Trust Fund (Fund) for FY 1999 through 2008 to carry out the licensing requirements, with a specified per-State allotment of such funds. Makes specified amounts available from the Fund for such fiscal years to States, on an allotted basis, for various State and community action programs and initiatives for tobacco use prevention and control. Provides State application requirements, including submission of a State plan and certification with respect to funds use, and the establishment of an advisory committee. Requires each State to submit annual reports on funds use and progress made in achieving program goals. Mandates public inspection of reports and State audits of expenditures. Authorizes the Secretary to withhold allotted funds from a State not using such funds for their intended purposes. Considers programs and activities funded under such program as programs receiving Federal financial assistance for purposes of the enforcement of Federal nondiscrimination regulations. Provides criminal penalties for false statements made in receiving or using allotted funds. Makes specified Trust funds available for FY 1999 through 2008, on an allotted basis, for a State and community smoking cessation program. Outlines application procedures similar to the above program, including State plan and certification, an advisory committee, annual reports, public inspections and State audits, withholding of funds for improper uses, enforcement of Federal nondiscrimination regulations, and criminal penalties. Directs the Secretary to contract with the Institute of Medicine for a study on the framework for a research agenda and research priorities to be used by the National Tobacco Task Force. Establishes the Task Force to foster coordination among public health agencies, academic bodies, and community groups that conduct or support tobacco-related biomedical, clinical, behavioral, health services, public health and community, and surveillance and epidemiology research activities. Provides Task Force funding from the Fund for ten fiscal years. Requires the Director of the Centers for Disease Control and Prevention to carry out tobacco-related surveillance and epidemiological studies and to develop tobacco control and prevention strategies. Provides funding from the Fund for FY 1999 through 2008. Establishes the Tobacco Use Prevention and Cessation Board to enter into contracts with or award grants to eligible public and nonprofit private entities to carry out public informational and educational activities designed to reduce the use of tobacco products. Provides funds from the Fund for FY 1999 through 2008. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to direct the Secretary, within 12 months after enactment of this title, to promulgate a final standard on indoor air quality in work environments. Title IV: Miscellaneous Provisions - Provides for the severability of provisions of this Act in the event that any provision is held invalid.
Bill· SS. 1646 (105th)referred
United States · United States Congress · 12 February 1998
Historic Battleship Preservation Act - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a requirement that the Secretary of the Navy list on the Naval Vessel Register at least two of the Iowa-class battleships that were stricken from such Register in February 1995.
Bill· SS. 1636 (105th)referred
United States · United States Congress · 12 February 1998
Domestic Partnership Benefits and Obligations Act of 1998 - Entitles domestic partners of Federal employees to benefits available to spouses of Federal employees. Expresses the sense of the Congress that any funds necessary for the implementation of this Act should be funded from reductions in unnecessary tax benefits available only to large corporations and individuals who are in the maximum tax bracket.
Bill· HRH.R. 3212 (105th)open
United States · United States Congress · 12 February 1998
TABLE OF CONTENTS: Title I: Administrative Provisions Relating to the Court Title II: Staggered Retirement and Recall Provisions Title III: Renaming of Court Court of Veterans Appeals Act of 1988 - Title I: Administrative Provisions Relating to the Court - Authorizes the Court of Veterans Appeals (Court) to prescribe rules and regulations. Requires six months or more served as a Court judge to be credited toward years of service and less than six months to not be credited. Allows for a cost-of-living adjustment to the retired pay of a Court judge only up to an amount that would make such retired pay equal to the pay received by a current Court judge. Allows a Court judge to elect to participate in a survivor annuity within six months after marriage if such judge has retired. Reduces the percentage of pay reduction required of active judges as contributions toward retirement annuities. Prohibits interest payments on retirement pay deductions in the case of Court judges for any period during which such judges: (1) were separated from judicial service or service as a Member of Congress or congressional employee; and (2) were not receiving retired pay or annuities based on such service. Allows a survivor annuity to be paid to the survivors of a judge who dies after having rendered at least 18 months (currently five years) of creditable civilian service. Allows a survivor annuity without a creditable service requirement in the case of a judge who dies of an assassination. Repeals a current requirement that a surviving spouse be at least 50 years of age before receiving such annuity. Increases such annuities at the same time and by the same percentage by which annuities payable from the Judicial Survivors' Annuity Fund are increased. Exempts the Court of Veterans Appeals Retirement Fund from sequestration under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act). Provides a forfeiture of retired pay rights and benefits in the case of any Court judge who, after retirement, represents a client in a claim relating to veterans' benefits. Title II: Staggered Retirement and Recall Provisions - Allows only one individual each year to retire as a Court judge in the years 1999 through 2003. Provides retirement requirements, including age and years of service. Requires a judge to: (1) notify the President and the Court's chief judge of the intent to retire; and (2) retire during the fiscal year in which notification is provided but not earlier than 90 days after such notification is provided. Makes a retired Court judge eligible for recall upon providing the chief judge with written notification. Allows the chief judge to recall such a judge to meet the needs of the Court. Title III: Renaming of Court - Renames the Court as the United States Court of Appeals for Veterans Claims.
Bill· HRH.R. 3233 (105th)referred
United States · United States Congress · 12 February 1998
Historic Battleship Preservation Act - Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a requirement that the Secretary of the Navy list on the Naval Vessel Register at least two of the Iowa-class battleships that were stricken from such Register in February 1995.
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