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Bill· SS. 2333 (105th)open
United States · United States Congress · 21 July 1998
District of Columbia Appropriations Act, 1999 - Makes appropriations for the District of Columbia for FY 1999, including amounts for: (1) the Federal payment for management reform; (2) Federal support for economic development in the District; (3) the Federal payment for Boys Town U.S.A. operations in the District; (4) the Federal payment to the District for the Nation's Capital Infrastructure Fund; (5) the Federal payment to the District's Corrections Trustee for operations; (6) the Federal payment to the District courts; (7) the Federal payment to the District's Offender Supervision, Defender, and Court Services Agency; (8) the Federal payment to the Georgetown Waterfront Park Fund; and (9) a Federal contribution to the District to establish a National Museum of American Music and a City Museum and Visitors Center. Appropriates specified sums out of the District's general fund (and other funds, in some cases) for the current FY for: (1) governmental direction and support; (2) economic development and regulation; (3) public safety and justice; (4) the public education system; (5) human support services; (6) public works; (7) financing and other uses; (8) receivership programs; (9) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority); (10) the Water and Sewer Authority and the Washington Aqueduct; (11) the Lottery and Charitable Games Enterprise Fund; (12) the Cable Television Enterprise Fund; (13) the Public Service Commission; (14) the Office of the People's Counsel; (15) the Office of Banking and Financial Institutions; (16) the Department of Insurance and Securities Regulation; (17) D.C. General Hospital; (18) the Starplex Fund; (19) the D.C. Retirement Board; (20) the Correctional Industries Fund; (21) the Washington Convention Center Enterprise Fund; and (22) capital outlays. Prohibits the District government from employing more than 32,900 full time employee (FTE) positions, exclusive of intra-district FTE positions, during FY 1999. Sets forth authorized uses of, and limitations on, such funds. Bars the use of revenues from Federal sources to support the operations of the D.C. Statehood and Statehood Compact Commissions. Requires the District to identify the sources of funding for Admission to Statehood from its own locally-generated revenues. (Sec. 110) Prohibits funds appropriated in this Act from being available to pay the salary of any District government employee whose name, title, grade, salary, work experience, and salary history are not available for inspection by specified congressional committees and subcommittees and the District Council. (Sec. 114) Bars the D.C. Mayor from borrowing any funds for capital projects without prior approval of the District Council. (Sec. 124) Applies any sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to each account appropriating Federal funds in this Act rather than to the aggregate total of such accounts. Requires the Mayor, in the event such an order is issued after amounts appropriated to the District have been paid, to pay sequestered amounts to the Secretary of the Treasury (Secretary). (Sec. 127) Bars the use of Federal funds provided in this Act to provide for salaries or other expenses associated with the offices of U.S. Senator or Representative under the District of Columbia Statehood Constitutional Convention Initiatives of 1979. (Sec. 129) Prohibits the expenditure of funds appropriated under this Act for abortions except where the mother's life would be endangered if the fetus were carried to term or in cases of rape or incest. (Sec. 130) Permits any entity of the D.C. government, including the Authority, in using the funds for repair and improvement of D.C. public school facilities made available under this Act or any other Act, to place orders for engineering and construction and related services with the Chief of Engineers of the U.S. Army Corps of Engineers. Allows the Chief to accept such orders on a reimbursable basis and to provide any part of such services by contract. (Sec. 131) Bars the use of funds made available by this Act to implement any system of registration of unmarried, cohabitating couples for purposes of extending benefits to such couples on the same basis as such benefits are extended to married couples or to implement the District Domestic Partner Act (also known as the District of Columbia Health Care Benefits Expansion Act of 1992). (Sec. 132) Requires by FY 1999, or within 30 calendar days after the enactment of this Act, whichever occurs later, and each succeeding year, the Chief Executive Officer, Superintendent of the D.C. Public Schools, and the University of the District of Columbia (University) to submit to the appropriate congressional committees, the Mayor, the District Council, the Consensus Commission, and the Authority, a revised appropriated funds operating budget for the public school system and the University for such fiscal year that is in the total amount of the approved appropriation and that realigns budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures. (Sec. 133) Requires the Emergency Transitional Education Board of Trustees, the Board of Trustees of the University, the Board of Library Trustees, and the Board of Governors of the University of the District of Columbia School of Law to vote on and approve their respective annual or revised budgets before submission to the Mayor for inclusion in the Mayor's budget submission to the District Council or before submitting their respective budgets directly to the Council. (Sec. 134) Establishes a ceiling on total operating expenses for the District for FY 1999. Permits increases of such amount for additional approved expenditures which the Chief Financial Officer certifies will produce additional revenues during such fiscal year at least equal to 200 percent of such expenditures. Requires the Authority, within 30 calendar days after the end of each fiscal quarter starting FY 1999, to report to specified congressional committees on an itemized accounting of all non-appropriated funds obligated or expended by the Authority for the quarter. (Sec. 135) Amends the District of Columbia Public Education Act to allow amounts appropriated to the District by the Federal Government (in lieu of donation of public lands for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts) to be invested in equity-based securities if approved by the Chief Financial Officer. (Sec. 136) Requires, if a District government department or agency is under the administration of a court-appointed receiver or other court-appointed official during FY 1999 or any succeeding fiscal year, the receiver or official to prepare and submit to the Mayor, for inclusion in the District's annual budget for the year and to be forwarded by the Mayor to the District Council without revision but subject to the Mayor's recommendations, annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the department or agency. Allows the Council to comment or make recommendations concerning such annual estimates but bars the Council from revising the estimates. (Sec. 137) Directs the Authority, the Chief Executive Officer, and the Superintendent of the District public schools to report to specified congressional committees on measures to be taken to ensure that the District's public schools open on time to begin the 1999-2000 academic year. (Sec. 138) Requires an employee of the District public schools to be: (1) classified as an Educational Service employee; (2) placed under the personnel authority of the Board of Education; and (3) subject to all Board rules. Mandates that school-based personnel shall constitute a separate competitive area from nonschool-based personnel who shall not compete with school-based personnel for retention purposes. (Sec. 139) Provides that, for purposes of determining the amount of funds expended by any entity within the District government during FY 1999 and each succeeding fiscal year, any expenditures of the District government attributable to any District government officers or employees who provide services which are within the authority and jurisdiction of the entity (including any portion of the compensation paid to the officer or employee attributable to the time spent in providing such services) shall be treated as expenditures made from the entity's budget, without regard to whether the officers or employees are assigned to the entity or otherwise treated as the entity's officers or employees. Amends the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to modify reduction in force procedures. (Sec. 140) Requires the D.C. Board of Education and the D.C. Public Schools (DCPS), within 120 days after a DCPS student is referred for evaluation or assessment to: (1) assess or evaluate such student who may have a disability and who may require special education services; and (2) if the student is classified as having a disability as defined in provisions of the Individuals with Disabilities Education Act or the Rehabilitative Act of 1973, place that student in an appropriate program of special education services. (Sec. 141) Provides that, notwithstanding any provision of any federally-granted charter or any other provision of law, beginning in FY 1999 and each fiscal year thereafter, the real property of the National Education Association located in the District shall be subject to taxation by the District in the same manner as any similar organization. (Sec. 142) Conditions expenditure of appropriations made by this Act for programs or functions for which a reorganization plan is required only on the approval by the Authority of the required reorganization plan. (Sec. 143) Makes the evaluation process and instruments for evaluating District public school employees a non-negotiable item for collective bargaining purposes. (Sec. 144) Requires the Authority to report to: (1) specified congressional committees on the status of all partnerships or agreements entered into from January 1, 1994, through September 30, 1998, between the District government and any nonprofit organization that provides medical care, substance abuse treatment, low income housing, food and shelter services, abstinence programs, or educational services to children, adults and families residing in the District; and (2) the Congress on the plans by the District government for reinitiating the partnerships or agreements that have been terminated with the respective nonprofit organization. (Sec. 145) Repeals the Residency Requirement Reinstatement Amendment Act of 1998. (Sec. 146) Amends the District of Columbia Financial Responsibility and Management Assistance Act of 1995 to require that beginning with the FY 2000 fiscal plan or budget submitted pursuant to this Act, such Act shall contain $150 million for a Reserve to be established by the Chief Financial Officer and the Authority to be expended only according to criteria established by the Chief Financial Officer and approved by the Authority. (Sec. 147) Allows funds accumulated during FY 1999 through fees that are otherwise non-appropriated funds to the District to be expended during FY 1999 by the Chief Financial Officer up to the amount certified by the Chief Financial Officer with the prior written approval of the Authority. (Sec. 148) Authorizes the Board of Trustees of the District of Columbia Public Library to hire a fund raiser and to raise funds from private sources and expend those funds for the benefit of the Library, with the prior review and approval of the Chief Financial Officer and the Authority. (Sec. 149) District of Columbia Adoption Improvement Act of 1998 - Requires the District of Columbia Child and Family Services (Family Services) to: (1) report to the Congress the number of children in the custody of the District who are legally free for adoption; (2) establish a database listing and tracking any child who is in the custody of the District with the goal of adoption or legally free for adoption; and (3) enter into contracts with private service providers to perform some of the adoption recruitment and placement functions of Family Services including recruitment, homestudy, and placements. Subjects the contracts to the competitive bidding process and an outcomes based out-sourcing and requires the contracts to compensate the winning bidder solely upon completion of a service. Outlines criteria for completion of a service. Sets forth provisions regarding: (1) removal of barriers to such adoptions; and (2) prohibition against a child being exclusively assigned to a specific private service provider or otherwise embargoed. Provides that Family Services shall retain the custody of any child on whose behalf a private service provider performs recruitment and placement functions pursuant to this Act. (Sec. 150) Amends the Revitalization and Self-Government Improvement Act of 1997 to revise the duties of the Director of the District of Columbia Offender, Supervision, Defender, and Courts Services Agency to include carrying out all functions which have been carried out by the Social Services Division of the Superior Court relating to supervision of adults subject to protection orders or provision of services for or related to such persons. Amends the District of Columbia Code to: (1) give the Director of Social Services in the Superior Court charge over all juvenile social services for the Court; (2) bar the Director from jurisdiction over any adult under supervision; (3) coordinate with and utilize, to the maximum extent feasible, the services of the Agency; and (4) conduct studies and make reports, as directed by the Executive Officer of the Superior Court, relating to the utilization of juvenile social services as an adjunct to such Court. (Sec. 151) Permits the Authority to employ a Chief Management Officer (CMO) of the District to be appointed by the Chair with the consent of the Authority. Requires the CMO to assist the Authority in the fulfillment of the Authority's responsibilities under the District of Columbia Management Reform Act of 1997 to improve the effectiveness and efficiency of the District government. Validates the employment agreement entered into as of January 15, 1998, between the CMO and the Authority. (Sec. 152) Requires the salaries of the Chief Financial Officer and the Inspector General of the District to be paid at an annual rate determined by the Authority (currently, the Mayor) sufficient in the judgment of the Authority to obtain the services of the individuals with the skills and experience required to discharge the duties of such offices. (Sec. 154) Increases from three to five the number of consecutive fiscal years in which the Inspector General is allowed to enter into a contract with the same auditor who is not an officer or employee of the Inspector's Office to audit the complete financial statement and report on the activities of the District government for a fiscal year. (Sec. 155) Prohibits funds provided under this Act or provided under previous appropriations Acts to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in FY 1999, or provided from Treasury accounts derived by the collection of fees available to the agencies funded by this Act, from being available for obligation or expenditure for an agency through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program project or activity; (3) establishes or changes allocations specifically denied, limited, or increased by the Congress in the Act; (4) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (5) reestablishes through reprogramming any program or project previously deferred through reprogramming; (6) augments existing programs, projects, or activities through a reprogramming of funds in excess of $1 million or 20 percent, whichever is more; or (7) increases by 20 percent or more personnel assigned to a specific program, project, or activity, unless the Appropriations Committees of both the Senate and the House of Representatives are notified in writing 15 days in advance of such reprogramming of funds. (Sec. 156) Requires funds allocated to management reform by the Authority in the District of Columbia Appropriations Act, 1998 under deficit reduction and revitalization (contained in the Authority's notification of June 24, 1998) to remain available for management reform until September 30, 1999. (Sec. 157) Requires the Authority's Executive Director to be paid at an annual rate determined by the Authority sufficient in the judgment of the Authority to obtain the services of an individual with the skills and experience required to discharge the duties of the office.
Bill· SS. 2339 (105th)referred
United States · United States Congress · 21 July 1998
TABLE OF CONTENTS: Title I: Expanding Coverage for Small Business Title II: Increasing Pension Access and Fairness for Women and Children Title III: Increasing Portability of Pension Plans Title IV: Strengthening Pension Security and Enforcement Title V: Encouraging Retirement Education Title VI: Reducing Red Tape Title VII: Plan Amendments Pension Coverage and Portability Act - Title I: Expanding Coverage for Small Business - Amends the Internal Revenue Code (IRC) and the Employee Retirement Income Security Act of 1974 (ERISA) to revise requirements relating to pension plan loans for Subchapter S owners, partners, and sole proprietors. (Sec. 102) Allows an employer to establish payroll deductions for contributions to employee individual retirement plans without incurring ERISA liability. (Sec. 103) Amends the IRC to allow an eligible employer to establish and maintain a SAFE annuity (an individual retirement annuity) or a SAFE trust (a trust forming part of a defined benefit plan), both to be funded by the employer. Makes the employer contributions deductible without limitation and otherwise provides for the treatment of contributions and distributions. Mandates a penalty for early withdrawals. Requires simplified employer reports for SAFE annuities and simplified actuarial reports for SAFE trusts. Amends the Employee Retirement Income Security Act of 1974 to exempt SAFE trusts from coverage requirements and SAFE annuities from certain employer reporting requirements. (Sec. 104) Amends the IRC to modify definitions applicable to special rules for top-heavy plans. Requires consideration of employer matching contributions in determining whether a defined contribution plan meets minimum contribution requirements. (Sec. 105) Allows employers to elect salary reduction only arrangements under Code requirements for simple plans. (Sec. 106) Establishes a small employer pension plan credit. (Sec. 107) Increases (from $6,000 to $8,000) limits for deferrals to simple plans. (Sec. 108) Provides that qualified staffing firms are to be considered employers for purposes of: (1) specified employment taxes; and (2) providing employee benefits. Provides for coverage of leased employees in employment benefit plans by: (1) applying to leased employees certain requirements concerning cash or deferred arrangements, matching contributions, and employee contributions; and (2) setting forth special rules for the leasing organization's plan. Revises safe harbor plan requirements. (Sec. 109) Amends ERISA to provide for a phase-in of an additional premium for new plans to pay to the Pension Benefit Guaranty Corporation (PBGC). (Sec. 110) Eliminates user fee requirements for requests to the IRS concerning the status of new pension plans. (Sec. 111) Declares the $150,000 compensation limit inapplicable to simple 401(k) arrangements. (Sec. 112) Provides that elective deferrals shall not be taken into account for purposes of limits on certain plan contributions. (Sec. 113) Repeals specified coordination requirements under the Code for deferred compensation plans of State and local governments and tax-exempt organizations. Title II: Increasing Pension Awareness for Women and Children - Sets forth requirements relating to equitable treatment for contributions of employees to defined contribution plans. Requires that certain contributions by church plans are not to be treated as exceeding a specified limit. (Sec. 202) Provides for faster vesting of certain employer matching contributions under the Code and ERISA. (Sec. 203) Amends Federal civil service law to revise requirements for deferred annuities for surviving spouses of Federal employees under both the Civil Service Retirement System (CARS) and the Federal Employees Retirement System (FERS). (Sec. 204) Revises requirements relating to tax treatment of division of section 457 plan benefits upon divorce. (Sec. 205) Amends the IRC and ERISA to provide for the spouse's right to know specified distribution information relating to survivor annuities. (Sec. 206) Revises minimum distribution rules under the Code. Revises provisions requirements for actuarial adjustment of benefit under a defined benefit plan. Directs the Secretary of the Treasury to: (1) simplify and finalize the regulations relating to minimum distribution requirements; and (2) modify such regulations to reflect increases in life expectancy, and revise required distribution methods so that, under reasonable assumptions, the amount of the required minimum distribution does not decrease over a participant's life expectancy. Provides that, during the first year that such revised regulations are in effect, required distributions for future years may be redetermined, with the opportunity to choose a new designated beneficiary and to elect a new method of calculating life expectancy. Excludes specified amounts from minimum distribution requirements. Repeals a rule relating to distributions begun before death occurs. Title III: Increasing Portability of Pension Plans - Permits rollovers from and to various types of plans under the Code. (Sec. 302) Permits individual retirement plan (IRA) rollovers only if certain conditions are met. (Sec. 303) Permits rollover of after-tax contributions in an exempt trust under specified conditions. Sets forth a hardship exception to the 60-day rule. (Sec. 304) Revises restrictions on distributions, including the same desk exception. Repeals business sale requirements. (Sec. 305) States that a transferee defined contribution plan shall not be treated as having failed to meet certain requirements because it does not provide for some or all of the distribution forms available under a transferor defined contribution plan. (Sec. 306) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to governmental defined benefit plans. (Sec. 307) Authorizes employers to disregard rollovers for purposes of employee cash-out amounts under the Code and ERISA. Title IV: Strengthening Pension Security and Enforcement - Amends the IRC and ERISA to revise the percentage of current liability funding limit. Revises maximum contribution deduction rules and applies them to all defined benefit plan under the Code. (Sec. 402) Amends ERISA to direct the PBGC to prescribe rules relating to missing participants for multiemployer plans covered by the PBGC that terminate. (Sec. 403) Amends ERISA to make discretionary the imposition and amount of civil penalties for breach of fiduciary responsibility. Revises requirements for the applicable recovery amount and related rules. (Sec. 404) Prohibits plans from making loans to beneficiaries through any revolving credit arrangement. (Sec. 405) Amends the IRC to allow an employer, in determining the amount of nondeductible contributions for any taxable year, to elect not to take into account any contributions to a defined benefit plan except to the extent that they exceed the full-funding limitation. Title V: Encouraging Retirement Education - Requires that pension benefit statements be furnished annually (once every three years for defined benefit plans) or on request. Allows written or electronic statements. Requires multiemployer plans to furnish a statement (written or electronic) on request. (Sec. 502) Directs the Administrator of the Small Business Administration to prepare a plan to: (1) increase awareness of retirement benefits; and (2) update small business owners concerning such benefits. (Sec. 503) Treats the provision of certain retirement and financial planning services by an employer to an employee as a de minimis fringe benefit. (Sec. 504) Directs the Director of the Office of Personnel Management to develop a program under which Federal Government retirement education program strategies are made available to nongovernmental retirement plan sponsors. Title VI: Reducing Red Tape - Amends the IRC to provide intermediate sanctions for inadvertent failures. Provides for protection from disqualification upon timely correction or payment of fine under requirements for: (1) qualified pension, profit-sharing, and stock bonus plans; (2) qualified cash or deferred arrangements (section 401(k) plans); and (3) annuity contracts. Provides that, under requirements relating to taxability of the beneficiary of a nonexempt trust, income inclusion for disqualification is not applicable to nonhighly compensated employees. (Sec. 602) Amends the IRC and ERISA to revise requirements relating to timing of plan valuations. (Sec. 603) Amends ERISA rules for substantial owners relating to plan terminations to revise: (1) the phase-in of the guarantee; and (2) the allocation of assets. (Sec. 604) Amends IRC requirements for applicable dividends to allow dividends of employee stock ownership plans (ESOPs) to be reinvested without loss of dividend deduction. (Sec. 605) Directs the Secretary of the Treasury to modify the regulations regarding the exclusion allowance to render void the requirement that contributions to a defined benefit pension plan be treated as previously excluded amounts. (Sec. 606) Directs the Secretary to provide by regulation that a plan shall be deemed to satisfy specified requirements of the Code if it satisfies a certain facts and circumstances test, under specified conditions. (Sec. 607) Grants the Secretary discretion in applying a specified coverage test to a plan. (Sec. 608) Directs the Secretary to delete a specified rule under regulations relating to the cash-out rule. under the Code. (Sec. 609) Makes inapplicable to certain mirror plans specified Code requirements relating to deferred compensation plans of State and local governments and tax-exempt organizations. (Sec. 610) Revises the notice and consent period regarding distributions. Directs the Secretary to modify certain regulations under the Code to provide that the description of a participant's right, if any, to defer receipt of a distribution shall also describe the consequences of failing to defer such receipt. (Sec. 611) Sets forth conforming amendments relating to election to receive taxable cash compensation in lieu of nontaxable parking benefits. (Sec. 612) Repeals a transition rule relating to certain highly compensated employees under the Tax Reform Act of 1986. (Sec. 613) Extends to international organizations the moratorium on application of certain nondiscrimination rules applicable to State and local plans. (Sec. 615) Directs the Secretary to modify certain regulations with respect to certain plan participation by employees of tax-exempt entities under the Code. (Sec. 616) Repeals a multiple use test. Directs the Secretary prescribe regulations permitting appropriate aggregation of plans and contributions. Title VII: Plan Amendments - Prescribes requirements for plan amendments or annuity contract amendments under the Code and ERISA.
Bill· SS. 2335 (105th)referred
United States · United States Congress · 21 July 1998
Medicare Waste Tax Reduction Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) establish new minimum levels increasing the number of annual medical, utilization, and fraud reviews and provider cost report audits under the Medicare Integrity Program (MIP), particularly with regard to providers, individuals, and areas that the Secretary of Health and Human Services determines are subject to abuse and most likely to result in mispayment and overpayment recoveries; and (2) provide for an increase in appropriated amounts to MIP's Health Care Fraud and Abuse Control Account, with certain additional amounts to be used for review and audit costs. (Sec. 3) Authorizes appropriations for carrying out, and expanding nationwide, the Administration on Aging's Health Care Anti-Fraud, Waste and Abuse Community Volunteer Demonstration Projects. (Sec. 4) Amends the Balanced Budget Act of 1997 and SSA title XVIII part B (Supplementary Medical Insurance) to eliminate the general 15 percent limitation on the amount of reductions that may be made in payment rates (except those for physician services) that are grossly excessive or grossly deficient and therefore not inherently reasonable. (Sec. 5) Amends SSA title XVIII to: (1) give the Secretary certain oversight responsibility with regard to home health agencies through validation surveys of agencies previously surveyed by the State; (2) restructure the payment rate for prescription drugs and biologicals, setting the payment amount, generally, at the lowest of either the actual acquisition cost or 95 percent of the average wholesale cost; and (3) make certain changes regarding the provision of information by group health plans in order to ensure that Medicare does not reimburse claims owed by other payers. (Sec. 8) Amends SSA title XI and the Health Insurance Portability and Accountability Act of 1996 with regard to criminal penalties for acts involving Federal health care programs to repeal the expanded exception to anti-kickback penalties for eligible organizations and risk-sharing contracts. (Sec. 9) Amends SSA title XI to apply certain criminal penalties for kickbacks to all health care benefit programs. (Sec. 10) Provides for: (1) the extension of subpoena and injunction authority with respect to the exclusion of certain individuals and entities from participation in Medicare and State health care programs; (2) civil monetary penalties for services ordered or prescribed by a person excluded from the program under which the claim was made, and the person furnishing the ordered or prescribed item or service knows or should know of such exclusion; and (3) civil monetary penalties for false certification of eligibility to receive partial hospitalization and hospice services. (Sec. 13) Amends part A (General Provisions) of SSA title XI to provide that Medicare- and Medicaid-related disciplinary actions are not stayed by bankruptcy proceedings, and Medicare- and Medicaid-related debt is not dischargeable in bankruptcy. Amends SSA title XVIII to provide for the use of Medicare standards and procedures in bankruptcy proceedings. (Sec. 14) Amends part B (Peer Review) of SSA title XI, in order to improve private sector coordination in combatting health care fraud, to shield health plans, plan issuers, and their employees from liability in any civil action for providing information to applicable Federal, State, or local law enforcement officials regarding suspected health care fraud, as long as such information is not false, and the person providing the information had no reason to believe the information was false. (Sec. 15) Amends SSA title XVIII with regard to agreements with service providers to allow the Secretary to: (1) establish a procedure for enrollment of individuals or entities that are not service providers subject to such provisions, but that furnish health care items or services under Medicare; and (2) impose fees for initiation and renewal of provider agreements and for enrollment and periodic reenrollment of other individuals and entities furnishing health care items or services under Medicare. (Sec. 16) Directs the Secretary to: (1) develop and implement a comprehensive plan of activities to improve compliance among health care providers with rules and regulations under the Medicare program; and (2) contract with the Institute of Medicine of the National Academy of Sciences to establish a committee to study and report to the Secretary and appropriate congressional committees on Medicare program administrative requirements applicable to Medicare health care providers, including any recommendations for minimizing such requirements. Provides for funding for such plan and authorizes appropriations for such study. (Sec. 18) Amends SSA title XI with regard to the exclusion of certain individuals and entities from participation in Federal health care programs (which includes certain State health care programs), to apply such exclusion to employment under such programs as well. Restricts certain notice requirements to Federal health care programs (currently, State health care programs). Includes the Federal Employees Health Benefit Program among Federal health care programs. (Sec. 19) Amends SSA title XVIII to modify the special payment rules for items of durable medical equipment to add as alternative payment bases the least expensive amount that the supplier of the item is paid by a Medicare+Choice organization or by any Federal health care program for such item. Requires the Secretary to adjust the payment rate for an item based on either such alternative basis to reflect any excess of administrative costs (of billing and receiving reimbursement) over the administrative costs associated with providing such item to a Medicare+Choice organization or by any Federal health care program. (Sec. 20) Directs the Secretary to require Medicare carriers to use commercial claims auditing systems, as a supplement to any other information technology currently used in processing claims, to process Medicare part B claims for the purpose of identifying billing errors and abuses. (Sec. 21) Amends SSA title XVIII with regard to partial hospitalization services to: (1) exclude services provided in a skilled nursing facility or in an individual's personal residence; (2) authorize the Secretary to establish additional conditions for community mental health centers; and (3) authorize the Secretary to establish by regulation a prospective payment system for such services provided by such a center or by a hospital to its outpatients.
Law· HRH.R. 4283 (105th)enacted
United States · United States Congress · 21 July 1998
TABLE OF CONTENTS: Title I: Assistance for Sub-Saharan Africa Title II: Worldwide Food Assistance and Agricultural Programs Subtitle A: Nonemergency Food Assistance Programs Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 Title III: Miscellaneous Provisions Africa: Seeds of Hope Act of 1998 - Declares it to be U.S. policy, consistent with title XII of part I of the Foreign Assistance Act, to support governments of sub-Saharan African countries, U.S. and African nongovernmental organizations, universities, businesses, and international agencies to help ensure the availability of basic nutrition and economic opportunities for sub-Saharan individuals, through sustainable agricultural and rural development. Title I: Assistance for Sub-Saharan Africa - Directs the Administrator of the U.S. Agency for International Development (AID), in providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, to: (1) emphasize programs and projects that improve the food security of children, women, and food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; and (3) ensure that programs are designed and conducted in cooperation with African and U.S. organizations and institutions (such as private and voluntary organizations, cooperatives, land-grant and other appropriate universities, and local producer-owned cooperative marketing and buying associations) that have expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (Sec. 101) Expresses the sense of the Congress that, if there is an increase in funding for sub-Saharan programs, the Administrator of AID should proportionately increase resources to the Africa Food Security Initiative, or any comparable or successor program, for FY 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. (Sec. 102) Directs the Administrator of AID to use, through bilateral and multilateral assistance, microenterprise assistance (including credit) to improve the capacity and efficiency of agricultural production in sub-Saharan Africa of small-scale farmers and small rural entrepreneurs (specifically taking into consideration the needs of women, and using the applied research and technical assistance capabilities of U.S. land-grant universities). (Sec. 103) Authorizes the Administrator of AID to utilize foreign assistance programs and initiatives for sub-Saharan Africa to support private producer-owned cooperative marketing associations there, including rural business associations owned by farmer shareholders. (Sec. 104) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should issue loans, guaranties, and insurance, and utilize existing equity funds and loan and insurance funds, to support private agricultural and rural development in sub-Saharan Africa (particularly intermediary organizations that directly serve the needs of small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative purchasing and marketing associations). (Sec. 105) Directs the Administrator of AID to develop a comprehensive plan to coordinate and build on the research and extension activities of U.S. land-grant universities, international agricultural research centers, and national agricultural research and extension centers in sub-Saharan Africa. Title II: Worldwide Food Assistance and Agricultural Programs - Subtitle A: Non-Emergency Food Assistance Programs - Sets forth general requirements for the administration of non-emergency assistance programs under title II of the Agricultural Trade Development and Assistance Act of 1954. Subtitle B: Bill Emerson Humanitarian International Food Security Trust Act of 1998 - Bill Emerson Humanitarian International Food Security Trust Act of 1998 - Amends the Food Security Commodity Reserve Act of 1996 and the Food Security Wheat Reserve Act of 1980 to rename specified provisions of the Food for Development Program as the Bill Emerson Humanitarian Trust Act. (Sec. 212) Includes, as part of the established trust stock of wheat, rice, corn, or sorghum used to meet emergency humanitarian food needs in developing countries, certain funds for Commodity Credit Corporation programs under the Agricultural Trade Development and Assistance Act of 1954 that are available, with respect to FY 2000 and subsequent fiscal years, to acquire such eligible commodities through purchases from producers or in the market to replenish the trust. Authorizes the release of eligible commodities from the trust for emergency food assistance to developing countries, provided such release is at levels consistent with maintaining the long-term value of the trust. Makes permanent the authority for the trust. Title III: Miscellaneous Provisions - Directs the Administrator of AID to report to the Congress on AID's plans for implementing the Africa Food Security Initiative and an estimate of all amounts expended or to be expended on related activities during the current and previous four years.
Bill· HRH.R. 4285 (105th)referred
United States · United States Congress · 21 July 1998
TABLE OF CONTENTS: Title I: Subchapter S Expansion Subtitle A: Eligible Shareholders of an S Corporation Subtitle B: Qualification and Eligibility Requirements of S Corporations Subtitle C: Taxation of S Corporation Shareholders Subtitle D: Effective Date Title II: Sense of the House of Representatives Resolution Subchapter S Revision Act of 1998 - Title I: Subchapter S Expansion - Subtitle A: Eligible Shareholders of an S Corporation - Amends the Internal Revenue Code to allow certain members of a family to be treated as one shareholder of an S corporation (electing small business corporation). Permits nonresident aliens to be S corporation shareholders if the corporation is engaged in a U.S. trade or business. Subjects such aliens' effectively-connected U.S. income to withholding tax. Subtitle B: Qualification and Eligibility Requirements of S Corporations - Prohibits, with respect to S corporations, treating: (1) qualified preferred stock as a second class of stock; and (2) a person as a shareholder by reason of holding such stock. (Sec. 112) Permits financial institutions to hold convertible (safe harbor) debt. (Sec. 113) Repeals: (1) the characterization of excessive passive investment income as a termination event; and (2) the passive income capital gain category. (Sec. 115) Permits: (1) an S corporation to make charitable contributions of inventory and scientific property used to care for the ill, the needy, or infants; and (2) S corporation shareholders to increase the basis of their stock by the excess of the charitable contribution over the property's basis. (Sec. 116) Makes other-than health insurance fringe benefits nontaxable for S corporation two-percent shareholders. Subtitle C: Taxation of S Corporation Shareholders - States that a loss recognized by a shareholder in a complete liquidation of an S corporation shall be treated as an ordinary loss to the extent the shareholder's stock basis is attributable to ordinary income from such liquidation. Subtitle D: Effective Date - Sets forth the effective date for provisions of this Act. Title II: Sense of the House of Representatives Resolution - Expresses the sense of the House of Representatives against treating the conversion of certain large C corporations to S corporations as taxable liquidations.
Bill· HRH.R. 4278 (105th)referred
United States · United States Congress · 20 July 1998
Health Benefits in Federal Contracting Act of 1998 - Requires any employer under a Federal contract or subcontract for an amount exceeding $10,000, to provide to each of his or her employees under such contract or subcontract health benefits similar (as specified) to those provided to Federal employees. Provides exemptions with respect to: (1) employers that are small business concerns or nonprofit, tax-exempt organizations; and (2) employees who are employed for less than 17.5 hours per week, who otherwise have health benefits coverage, or who are participating in a training program of not to exceed 6 months. Requires the contract or subcontract to specify such requirement. Prohibits an employer from avoiding the requirement by: (1) replacing an employee with one who is not eligible for health care benefits; or (2) reducing an employee's hours. Terminates the Federal contract or subcontract of an employer who does not provide the health benefits required. Makes such employer: (1) ineligible for any Federal contract or subcontract for five years; and (2) liable to the United States in an amount equal to the unpaid benefits and an equal amount as liquidated damages. Requires the Secretary of Labor to pay to employees who were not provided such benefits the amount recovered by the United States.
Bill· HRH.R. 4279 (105th)referred
United States · United States Congress · 20 July 1998
Amends the Internal Revenue Code to repeal provisions providing for the application of the alternative minimum tax to stock transferred pursuant to an incentive stock option.
Resolution· HRESH.Res. 504 (105th)passed
United States · United States Congress · 20 July 1998
Sets forth the rule (open) for the consideration of H.R. 4193 (Department of the Interior and related agencies appropriations).
Bill· SS. 2330 (105th)open
United States · United States Congress · 17 July 1998
TABLE OF CONTENTS: Title I: Patients' Bill of Rights Subtitle A: Right to Advice and Care Subtitle B: Right to Information about Plans and Providers Subtitle C: Right to Hold Health Plans Accountable Title II: Individual Rights with Respect to Personal Medical Information Subtitle A: Access to Medical Records Subtitle B: Establishment of Safeguards Subtitle C: Enforcement; Definitions Title III: Genetic Information and Services Title IV: Healthcare Quality Research Title V: Women's Health Research and Prevention Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention Subtitle C: Women's Health and Cancer Rights Title VI: Enhanced Access to Health Insurance Coverage Patients' Bill of Rights Act - Title I: Patients' Bill of Rights - Subtitle A: Right to Advice and Care - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan covering emergency medical care to provide coverage, without requiring preauthorization, for appropriate emergency medical screening examinations to the extent that a prudent layperson, possessing an average knowledge of health and medicine, would determine such examinations to be necessary to determine whether emergency medical care is necessary. (Sec. 101) Requires a plan to cover additional emergency medical services following such an examination to the extent that a prudent emergency medical professional would determine such services to be necessary to avoid specified serious consequences. Requires a plan (other than a small employer's plan) providing benefit coverage only through a defined set of participating health care professionals to offer the option of point-of-service coverage (of the same benefits provided by a nonparticipating health care professional), unless the plan offers multiple issuer or coverage options. Requires any plan offering gynecological, obstetric, or pediatric care not to require prior authorization from a participant's primary care provider if such provider is not a gynecologist, obstetrician, or pediatrician. Requires a plan to permit a participant or beneficiary undergoing a course of treatment to continue such treatment for a period of time even though the contract between the plan and a health care provider is terminated, or the schedule of benefits or coverage is terminated by a change in the terms of the provider's participation in the plan. Specifies a 90-day continuation of coverage generally, and other transitional periods for institutionalization (until discharge), pregnancy (through post-partum care), and terminal illness (remainder of life). Declares that a plan shall not prohibit a health care professional from advising a patient about the patient's health status, medical care, or treatment for the patient's condition or disease, regardless of whether coverage for such care or treatment is provided under the contract, if the professional is acting within the lawful scope of the practice. Applies the requirements of this subtitle to group health plans, but not to a health insurance issuer licensed by a State and subject to State insurance regulation while engaged in the business of insurance in such State. Subtitle B: Right to Information about Plans and Providers - Requires plans and group health insurance issuers to disclose specified plan information to enrollees and (upon request) potential enrollees. (Sec. 112) Directs the Secretary of Health and Human Services (HHS) to contract with the Institute of Medicine for a study and report to the appropriate congressional committees on: (1) health care professionals information currently available to patients, consumers, States, and professional societies, nationally and on a State-by-State basis; (2) the legal and other barriers to the sharing of information about health care professionals; and (3) recommendations for disclosure of such information on health care professionals, including their competencies and professional qualifications, to better facilitate patient choice, quality improvement, and market competition. Subtitle C: Right to Hold Health Plans Accountable - Revises requirements for plan provision of a procedure for appealing denied claims. (Sec. 121) Requires a plan or health insurance issuer conducting utilization review to have: (1) specified procedures in place for coverage determinations, including expedited determinations; (2) written procedures for addressing grievances between a plan and enrollees; (3) an internal procedure for coverage determination appeals; and (4) an external review procedure for enrollee appeals, involving specified entities and independent medical experts, whose determination shall be binding. Prescribes external review standards. Directs the General Accounting Office to study and report to the appropriate congressional committees on a statistically appropriate sample of completed external reviews. Title II: Individual Rights with Respect to Personal Medical Information - Personal Medical Information Access Act - Subtitle A: Access to Medical Records - Amends ERISA to require any health care provider, health plan, employer, health or life insurer, school, or university, except in specified circumstances, to: (1) permit an individual who is the subject of protected health information (or the individual's designee) to inspect and copy protected health information concerning the individual; (2) amend such information upon the individual's request; and (3) make reasonable efforts to inform any person to whom the unamended portion of the information was previously disclosed of any nontechnical amendment that has been made. (Sec. 212) Prescribes procedures for: (1) an entity's denial of a request to amend such information; and (2) an individual's filing of a statement of disagreement with such denial, which shall accompany any subsequent disclosure of the disputed portion of the information. (Sec. 213) Requires any health care provider, health plan, employer, health or life insurer, school, or university to post notice of the entity's confidentiality practices, including specified information. Requires the Secretary to develop and disseminate model notices of confidentiality practices. Subtitle B: Establishment of Safeguards - Requires any health care provider, health plan, employer, health or life insurer, school, or university to establish and maintain appropriate administrative, technical, and physical safeguards to protect the confidentiality, security, accuracy, and integrity of protected health information the entity creates, receives, obtains, maintains, uses, transmits, or disposes of. Subtitle C: Enforcement; Definitions - Prescribes civil money penalties for substantial and material failure to comply with this Act. (Sec. 232) Sets forth definitions. Title III: Genetic Information and Services - Genetic Information Nondiscrimination in Health Insurance Act of 1998 - Amends ERISA, the Public Health Service Act (PHSA), and the Internal Revenue Code to prohibit a health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts for a group on the basis of predictive genetic information concerning an individual in the group or a family member of the individual (including information about a request for or receipt of genetic services). (Sec. 302) Prohibits a plan or issuer from requesting or requiring predictive genetic information concerning an individual or a family member of the individual (including information about a request for or receipt of genetic services). Permits a plan or issuer to request, but not require, such information for diagnosis, treatment, or payment purposes only. Title IV: Healthcare Quality Research - Healthcare Quality Research Act of 1998 - Amends PHSA to establish within the Public Health Service (PHS) an Agency for Healthcare Quality Research to replace the current Agency for Health Care Policy and Research. (Sec. 402) Directs the Agency to identify and disseminate methods or systems used to assess healthcare research results, particularly to rate the strength of the scientific evidence behind healthcare practice and technology recommendations in the research. Requires the Agency to employ research strategies and mechanisms that will link research directly with clinical practice in geographically diverse locations throughout the United States, including: (1) Healthcare Improvement Research Centers that combine demonstrated multidisciplinary expertise in outcomes or quality improvement research with linkages to relevant sites of care; (2) Practice-based Research Networks, including plan, facility, or delivery system sites of care (especially primary care), that can evaluate and promote quality improvement; and (3) other innovative mechanisms or strategies. Directs the Agency to: (1) award grants to enable eligible entities at geographically diverse locations throughout the United States to carry out research training programs dedicated to health services research training at the doctoral, post-doctoral, and junior faculty levels; and (2) provide specified scientific and technical support for private and public efforts to improve healthcare quality, including accrediting organizations. Directs the Secretary, acting through the Agency Director, to establish a demonstration program of grants for one or more centers to conduct: (1) state-of-the-art clinical research on drugs, biological products, and devices; (2) research on the comparative effectiveness, cost-effectiveness, and safety of drugs, biological products, and devices; and (3) other appropriate activities (excluding the review of new drugs). Requires the Agency Director to: (1) collect certain data on the cost and quality of healthcare; (2) support research on and initiatives to advance the use of information systems for the study of healthcare quality; and (3) provide ongoing administrative, research, and technical support for the Preventive Services Task Force, which shall review scientific evidence on the effectiveness, appropriateness, and cost-effectiveness of clinical preventive services regarding their usefulness in daily clinical practice. Establishes within the Agency a Center for Primary Care Delivery Research to serve as the principal funding source for HHS primary care delivery research and demonstrations with respect to the first contact when illness or health concerns arise, the diagnosis, treatment or referral to specialty care, preventive care, and the relationship between the clinician and the patient in the context of the family and community. Requires the Agency Director by specified activities to promote innovation in evidence-based clinical practice and healthcare technologies. Requires the Secretary, acting through the Director, to coordinate all research, evaluations, and demonstrations related to health services research and quality measurement and improvement activities undertaken and supported by the Federal Government. Requires the Secretary to contract with the Institute of Medicine to: (1) describe and evaluate current quality improvement research and monitoring processes; and (2) recommend options to improve the efficiency and effectiveness of such processes, and optimize public- private sector accreditation bodies. Directs the Secretary, acting through the Director, to establish a nonprofit, nongovernmental Foundation for Healthcare Research, which shall: (1) support the Agency and foster public-private partnerships to support Agency programs and activities; (2) advance collaboration with healthcare researchers from universities, industry, and nonprofit organizations; and (4) develop linkages with users of healthcare and quality research. Requires the Secretary, acting through the Agency Director, to make grants each fiscal year to support the Foundation. Establishes an Advisory Council for Healthcare Quality Research to replace the current Advisory Council for Health Care Policy, Research, and Evaluation. Requires the Agency Director to establish technical and scientific peer review groups to review each application for a grant, cooperative agreement, or contract under this title. Repeals the mandates for: (1) a demonstration program regarding centers for education and research on therapeutics; and (2) the Office of the Forum for Quality and Effectiveness in Health Care. Authorizes appropriations. (Sec. 404) Requires the Secretary, within 30 days after enactment of any Act providing for a qualifying health care benefit, to evaluate scientifically and report to the appropriate congressional committees on: (1) the safety, efficacy, cost, benefits and value of such benefit; (2) alternative approaches in improving care compared with such benefit; and (3) the benefit's overall impact on health care as measured through research. Title V: Women's Health Research and Prevention - Women's Health Research and Prevention Amendments of 1998 - Subtitle A: Provisions Relating to Women's Health Research at the National Institutes of Health - Amends PHSA to extend the authorization of appropriations for research on the drug diethylstilbestrol (commonly known as DES). Directs the Secretary, acting through PHS agency heads, to carry out a national program to educate health professionals and the public about DES. (Sec. 512) Extends the authorization of appropriations for research on: (1) osteoporosis, Paget's disease, and related bone disorders; (2) breast and ovarian cancers; and (3) aging processes relating to women. (Sec. 514) Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate research and related activities with respect to heart attack, stroke, and other cardiovascular diseases in women. (Sec. 516) Requires the Director of the National Institutes of Health (currently, the Director of the Office of Research on Women's Health) to appoint members of the Advisory Committee on Research on Women's Health. Subtitle B: Provisions Relating to Women's Health at the Centers for Disease Control and Prevention - Amends PHSA to extend the authorization of appropriations for: (1) the National Center for Health Statistics; (2) the National Program of Cancer Registries; (3) the National Breast and Cervical Cancer Early Detection Program; (4) Centers for Research and Demonstration of Health Promotion; and (5) community programs on domestic violence. (Sec. 523) Authorizes a State receiving a Federal grant to make grants to or contract with for-profit private entities to carry out programs of preventive health measures for breast and cervical cancers. Subtitle C: Women's Health and Cancer Rights - Women's Health and Cancer Rights Act of 1998 - Amends ERISA, PHSA, and the Internal Revenue Code to require certain group health plans and health insurance issuers to ensure specified minimum coverage regarding: (1) breast cancer mastectomies, lumpectomies, and lymph node dissections; (2) post-mastectomy breast reconstruction on both breasts; and (3) the costs of prostheses and complications of mastectomy, including lymphedemas. Prohibits: (1) denial of eligibility to a patient, and other related practices, solely to avoid the requirements of this subtitle; (2) incentives or rebates to encourage individuals to accept less than the minimum coverage; and (2) certain penalties or incentives to providers to evade application of this subtitle. (Sec. 535) Amends PHSA to apply the same requirements to health insurance issuers in the individual market. (Sec. 537) Directs the Agency for Health Care Policy and Research to study and report to the appropriate congressional committees on the scientific issues relating to prevention and treatment of breast cancer. Title VI: Enhanced Access to Health Insurance Coverage - Amends the Internal Revenue Code to: (1) allow the annual carryover of up to $500 of unused benefits from cafeteria plans, flexible spending arrangements, and health flexible spending accounts; (2) allow a full deduction from gross income of the health insurance costs of self-employed individuals; and (3) repeal the limitation of the availability of medical savings accounts (MSAs) to employees of small employers and the self-employed. (Sec. 603) Reduces from $1,500 to $1,000 (self-only coverage) and from $3,000 to $2,000 (family coverage) the minimum annual deductible of a high deductible health plan. Revises the formula for the monthly limitation on the allowable deduction for MSAs to increase the contribution limit to 100 percent of the annual deductible under a high deductible health plan. Waives the additional tax on MSA distributions not used for qualified medical expenses to the extent any payment or distribution does not reduce the fair market value of the MSA assets to an amount less than the annual deductible for the account holder's high deductible health plan. (Sec. 604) Authorizes the Office of Personnel Management to contract for or approve catastrophic FEHBP plans, whose covered expenses exceed $500. Amends Federal civil service law, with respect to Government contributions under the Federal Employees Health Benefits Program (FEHBP), to require an additional Government contribution, according to a certain formula, to an individual's MSA with respect to a catastrophic plan. Increases the Government's biweekly contribution to an employee's or annuitant's FEHBP catastrophic plan from 75 percent to 100 percent of the subscription charge.
Bill· SS. 2329 (105th)referred
United States · United States Congress · 17 July 1998
Retirement Account Portability Act of 1998 - Amends the Internal Revenue Code to permit rollovers to and from State and tax-exempt instrumentality and public school retirement plans. (Sec. 3) Permits individual retirement plan rollovers only if the entire amount is deposited into another defined contribution retirement plan and certain other conditions are met. (Sec. 4) Removes certain restrictions on the rollover of after-tax contributions. (Sec. 5) Amends the Employee Retirement Income Security Act of 1974 to extend single employer missing participant provisions to multiemployer plans. (Sec. 6) Permits distributions upon severance from employment (currently, upon separation from service). (Sec. 7) States that a transferee defined contribution plan shall not be treated as having failed to meet certain requirements because it does not provide for some or all of the distribution forms available under a transferor defined contribution plan. (Sec. 8) Permits employers to disregard rollovers for purposes of cash-out amounts. (Sec. 9) Authorizes trustee-to-trustee transfers to purchase permissive service credit with respect to Federal or public school and State and tax-exempt instrumentality pension plans.
Bill· HRH.R. 4271 (105th)open
United States · United States Congress · 17 July 1998
Community Services Authorization Act of 1998 - Amends the Community Services Block Grant Act (CSBGA) to reauthorize and revise its programs. (Sec. 2) Extends through FY 2003 the authorization of appropriations for community services block grants. Directs the Secretary of Health and Human Services (HHS) to reserve specified portions of annual appropriations for payments to territories, training and technical assistance and other activities, and discretionary activities. Revises or adds provisions relating to: (1) program authorization; (2) apportionment of funds to territories; (3) allotment and payment of funds to States; (4) use of funds by States for grants to eligible entities; (5) State applications and plans; (6) designation and redesignation by States of eligible entities in unserved areas of the State; (7) tripartite boards for eligible entities; (8) direct payment of funds by the Secretary to Indian tribes and tribal organizations; (9) the Secretary's carrying out certain functions of the Act through the Office of Community Services, and through grants, contracts, or cooperative agreements; (10) the Secretary's use of set-aside funds for training, technical assistance, planning, evaluation, and data collection activities; (11) State monitoring of eligible entities to determine whether such entities meet performance goals, administrative standards, financial management requirements, and other State requirements; (12) corrective action, termination and reduction of funding, in cases where a State determines that an eligible entity materially fails to comply with the terms of an agreement or the State plan, or to meet appropriate standards, goals, and other State requirements; (13) fiscal controls, audits, and withholding of Federal funds; (14) Federal and State accountability and reporting on the performance of eligible entities; (15) limitations on the use of funds; (16) participation of faith-based organizations in programs under the Act; and (17) the Secretary's use of set-aside funds for discretionary activities involving community economic development, rural community development, and neighborhood innovation projects. (Sec. 3) Extends through FY 2003 the authorization of appropriations, under CSBGA, for the Secretary to make grants for: (1) community food and nutrition programs; and (2) national or regional programs designed to provide instructional activities for low-income youth. Allows State drug testing of participants in programs, activities and services under CSBGA. Requires eligible entities to make certain paternity determinations. (Sec. 5) Repeals requirements of the Human Services Reauthorization Act of 1986 relating to: (1) interest rates payable on certain rural development loans, and assignment of loan contracts; and (2) demonstration partnership agreements addressing the needs of the poor.
Bill· HRH.R. 4265 (105th)referred
United States · United States Congress · 17 July 1998
Emergency Farm Financial Relief Act - Amends the Agricultural Market Transition Act to provide that FY 1999 production flexibility contract payments shall be paid at such time or times as the owner or producer so requests as long as payment is completed by such fiscal year's end.
Bill· SS. 2323 (105th)open
United States · United States Congress · 16 July 1998
Home Health Access Preservation Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act (SSA), as amended by the Balanced Budget Act of 1997, with respect to the computation formula of the interim system of limited payments for services provided by home health agencies, in order to mandate a new interim system, as of October 1, 1998, with a revised formula and specific amounts for the agency-specific per beneficiary annual limitation, according to the census division in which an agency is located. Directs the Secretary of Health and Human Services to: (1) estimate the amount of savings (if any) to Medicare resulting from this Act for each fiscal year beginning after FY 1998 and before the first fiscal year in which the prospective payment system (PPS) for home health agencies applies; (2) prescribe rules for increased payments to such an agency, if there will be estimated savings; and (3) establish procedures to provide heightened scrutiny of claims for reimbursement under Medicare for items and services provided to certain agency beneficiaries. Amends SSA title XVIII to provide for a three percent increase in per visit cost limits for cost reporting periods beginning on or after October 1, 1997. Directs the Secretary to meet every 90 days with appropriate congressional committee staff to provide informal updates of progress in implementing the PPS above.
Bill· SS. 2322 (105th)referred
United States · United States Congress · 16 July 1998
Amends the Internal Revenue Code to change the determination of the 50,000 barrel-per-day refinery limitation concerning the oil depletion deduction to a 50,000 annual average daily basis limitation.
Bill· SS. 2318 (105th)referred
United States · United States Congress · 16 July 1998
Estate and Gift Tax Rate Reduction Act of 1998 - Amends the Internal Revenue Code to phase out the estate and gift tax over a ten-year period.
Bill· HRH.R. 4243 (105th)open
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: General Management Improvements Title II: Improving Federal Debt Collection Practices Title III: Sale of Debts Owed to United States Title IV: Treatment of High Value Debts Title V: Federal Payments Title VI: Federal Benefit Verification and Integrity Tests Subtitle A: Notification of Federal Benefit Recipients Regarding Data Verification Subtitle B: Federal Benefit Program Management Improvement Tests Government Waste, Fraud, and Error Reduction Act of 1998 - Title I: General Management Improvements - Amends requirements regarding certain Federal agencies' (executive departments as well as the Environmental Protection Agency and the National Aeronautics and Space Administration) audited financial statements, including to: (1) extend the deadline for the preparation and submission of the first of such statements; and (2) provide for submission of such statements to the Congress and the Director of the Office of Management and Budget (Director). (Currently, such statements are to be submitted to the Director.) Allows the head of an executive agency, subject to an agreement between the agency head and the applicable financial institution, to accept an electronic payment to satisfy a debt owed to the agency. (Sec. 102) Directs the Administrator of General Services to ensure that employees of executive agencies are not inappropriately charged State and local taxes on travel expenses. Requires the Administrator to report to the Congress on the steps taken and proposed to be taken to carry out such requirement. Excludes lodging provided under Federal travel and subsistence expense provisions from an exception which prohibits agency heads from requiring employees or members of the uniformed services to occupy quarters on a rental basis. Directs each head of an executive agency to require, with respect to travel by agency employees in the performance of their duties, the use by such employees of travel management centers, authorized travel agents and electronic reservation and payment systems for the purpose of improving efficiency and economy regarding travel by agency employees. Requires the Administrator to develop a plan regarding implementation of this requirement and to report to the Congress on such plan and the means by which such agency heads plan to ensure that employees use travel management centers, travel agents, and electronic reservation and payment systems. Title II: Improving Federal Debt Collection Practices - Makes technical amendments to financial management provisions relating to claims of the U.S. Government, including those that permit a State to collect by administrative offset certain payments under the Social Security Act, Black Lung Benefits Act, or railroad retirement laws for past due child support being enforced by a State. Prohibits the amounts received by a person for performing certain collection services for the Federal Government from being limited by State law. Sets forth provisions relating to the collection by private collection contractors of any debt owed to the United States, including to prohibit a private collection contractor, in attempting to collect any such debt, from being precluded from verifying the debtor's current employer, the location of the payroll office of the debtor's employer, the period the debtor has been employed by the current employer, and the compensation received by the debtor from such employer. Requires collection contracts to include conditions under which contractors are: (1) subject to penalties for failures to comply with applicable law or unreasonable or abusive collection practices; or (2) absolved from liability for damages or attorney's fees in certain cases. (Sec. 202) Bars certain delinquent Federal debtors from being eligible for the award or renewal of any: (1) Federal financial assistance in the form of a loan (other than a disaster loan), loan insurance, or guarantee; or (2) Federal permit or license. (Sec. 203) Authorizes the Secretary of the Treasury, at a State's request, to refer a child support debt or claim administered by the State to a private collection contractor. Prohibits an executive, judicial, or legislative agency head from terminating collection action on a debt unless it has been referred to a private collection contractor or a debt collection center for a period to be determined by the Secretary. Permits the Secretary, at an agency's request, to waive the application of such requirement with respect to any debt, or class of debts, if the waiver is in the best interest of the United States. Title III: Sale of Debts Owed to United States - Allows an executive, judicial, or legislative agency head to sell, using competitive procedures, any nontax debt owed to the United States that is administered by the agency. Specifies that such sales: (1) shall be for cash or cash and a residuary equity, joint venture, or profit participation, if the proceeds will be greater than the proceeds from a sale solely for cash; (2) shall be without recourse against the United States, but may include the use of guarantees if authorized by law; and (3) shall transfer to the purchaser all U.S. rights to demand payment of the debt, other than with respect to a residuary equity, joint venture, or profit participation. (Sec. 302) Sets forth requirements for the sale of certain: (1) delinquent nontax debts; (2) loans; and (3) nontax debts or class of debts after termination of collection action. Title IV: Treatment of High Value Nontax Debts - Requires each agency head that administers a program that gives rise to a delinquent high value nontax debt (a nontax debt having an outstanding value that exceeds $1 million) to submit an annual report to the Congress that lists each such debt. (Sec. 402) Bars delinquent Federal debtors having an outstanding high value nontax debt with any Federal agency from obtaining any Federal financial assistance in the form of a loan (other than a disaster loan) or loan insurance or guarantee. Permits such a Federal debtor to obtain additional loans or loan guarantees only after such delinquency is resolved. (Sec. 403) Directs the Inspector General of each agency to: (1) report to the Congress and the agency head on each compromise, default, or final resolution in bankruptcy of a high value nontax debt arising out of the activities of, or referred to, the agency; and (2) rate the performance of the agency head in seeking to collect the debt, and recommend any changes in the agency's debt collection practices to reduce the aggregate amount of high value nontax debts that are resolved finally by compromise, default, or bankruptcy to less than one percent of the aggregate amount of all high value nontax debts. (Sec. 404) Requires an agency head authorized to collect a delinquent high value nontax debt to promptly seek seizure and forfeiture of assets pledged to the United States in any transaction giving rise to the nontax debt. Title V: Federal Payments - Transfers from the Director to the Secretary responsibility for the prompt payment of proper invoices by Federal agencies. (Sec. 502) Includes within requirements of the Secretary's regulations regarding Federal payments that: (1) a required payment date may be waived to provide for early payment in cases where an agency will implement an electronic payment technology which improves agency cash management and business practice; and (2) a vendor is required to pay interest to the United States on unearned amounts in its possession. Title VI: Federal Benefit Verification and Integrity Tests - Federal Benefit Verification and Integrity Act - Subtitle A: Notification of Federal Benefit Recipients Regarding Data Verification - Requires an agency that administers a Federal benefit payment program to provide notice informing applicants, in information material and instructions accompanying program application forms, that their data may be verified. Permits an agency to comply with the preceding requirement by modifying program materials and applications to include such notice as part of their normal reissuance cycle for reprinting forms, but in no case later than December 31, 2000. Requires the head of each such agency to maintain a record of each applicant's acknowledgement that he or she has received notice of the uses and disclosures to be made of his or her information, for as long as he or she receives benefits from or owes a debt to the Government under the program. Subtitle B: Federal Benefit Program Management Improvement Tests - Permits a Federal agency that administers a Federal benefit program to conduct a test of information technology practices or techniques for improving income verification, debt collection, data privacy and integrity protection, and identification authentication in the administration of the program, in accordance with a proposal approved by a Federal Benefit Verification and Payment Integrity Board. Requires the Director and the Chief Information Officers' Council to each recommend to the Board various information technology practices and techniques that should be tested. Permits the head of an agency to develop and submit to the Board a proposal for carrying out a test for a specific Federal benefit program administered by the agency. Specifies that the proposal contain specific goals, including a schedule, for improving customer service and error reduction in the program and other information requested by the Board. Requires such proposal to provide for the testing of information sharing in an integrated manner where feasible of electronic practices and techniques for improving Federal benefit program management. Requires any agency whose proposals would require access to another agency's database to consult with that agency prior to submission of the proposal to the Board. States that a proposal submitted to the Board: (1) must contain a description of administrative, technical, and physical safeguards to ensure the security and confidentiality of records and to protect against any anticipated threats or hazards to their security or integrity which could result in substantial harm, embarrassment, inconvenience, or unfairness to any individual on whom information is maintained; (2) include, in particular, prohibitions on duplication and redisclosure of records provided by the source agency within or outside the recipient entity, except where required by law or essential to the conduct of the test; and (3) include an estimate for reimbursement that may be charged by a Federal agency to another agency in conducting tests under the proposal. Requires the Board to review and recommend disposition of the proposal to the heads of the data sharing agencies under the proposal. Permits the head of an agency participating in a test to enter into a cooperative agreement with a State or contract with a private entity under which the State or such entity may provide services on behalf of the Federal agency in carrying out the test. Requires the Board to: (1) prepare a plan for implementation, including for the coordination of the conduct of tests and the procedures for submission of proposals for those tests; and (2) submit annually to the Congress a report on the tests conducted. Permits the Board to request a Federal agency head that administers a Federal benefit program to conduct a test, including the submission of a proposal for such a test and provides for the agency head to respond within 30 days by approving or disapproving such a request of the Board. (Sec. 622) Allows the Secretary of Health and Human Services (HHS) to disclose information to another Federal agency from the National Directory of New Hires based on matches conducted by HHS for purposes of conducting a test under this Act. Authorizes an agency head to whom information is disclosed to: (1) disclose the information to another Federal agency for use by the agency only as specified under a test proposal under this Act; and (2) disclose such information to a State agency administering a federally funded benefit program, a public housing authority, or a guaranty agency (as defined in the Higher Education Act of 1965) only for the purpose of conducting the test. Disallows an entity that receives information for use in a test under this Act that it was not otherwise authorized by law to obtain from redisclosing the information or using it for any other purpose. (Sec. 623) Amends the Privacy Act of 1974 to: (1) increase certain criminal penalties under such Act; and (2) permit a court, in a civil suit in which it determines that an agency acted in a manner that was willful and intentional, to award punitive damages in addition to damages and costs required under current law. (Sec. 624) Establishes the Federal Benefit Verification and Payment Integrity Board. Provides for the Board to periodically report to the Director regarding its activities. (Sec. 625) Requires, if the Board determines that any information technology practice, technique, or information sharing initiative tested was successfully demonstrated in the test and should be implemented in the administration of a Federal benefit program, to: (1) recommend regulations or legislation to implement that practice, technique, or initiative, if that implementation is not prohibited under another law; or (2) include in its annual report to the Congress recommendations for such legislation as may be necessary to authorize that implementation.
Bill· HRH.R. 4242 (105th)open
United States · United States Congress · 16 July 1998
Combined Sewer Overflow Control and Partnership Act of 1998 - Amends the Federal Water Pollution Control Act to require each permit, order, or decree issued pursuant to such Act for a discharge from a combined storm and sanitary sewer to conform to the Combined Sewer Overflow Control Policy signed by the Administrator of the Environmental Protection Agency on April 11, 1994. Authorizes the Administrator, notwithstanding specified compliance schedules and permit limitations, to issue or execute a permit, order, or decree for discharges from such sewers that includes a schedule for compliance with a long-term control plan for a term of up to 15 years. Provides for extensions of such term, as appropriate. Modifies any administrative or judicial decree or order issued before this Act's enactment date that establishes any deadline or schedule for the construction of treatment works for control of any discharge from a municipal combined sewer system to extend such deadlines or schedules to conform with this Act, at the request of the municipal owner or operator. Prohibits any permit, order, or decree issued pursuant to the Act from requiring compliance with water quality based requirements contained in a long-term control plan under the Control Policy unless the Administrator has completed the water quality standards-designated use review process called for in the Control Policy. Authorizes the Administrator to make grants to municipalities for planning, design, and construction of facilities to intercept, transport, control, or treat combined storm and sanitary sewer flows. Authorizes appropriations for FY 1999 through 2001. Directs the Administrator to report biennially to the Congress on recommended funding levels for the two fiscal years following the date of a report on activities relating to combined storm and sanitary sewer flows.
Bill· HRH.R. 4250 (105th)open
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Amendments to the Employee Retirement Income Security Act of 1974 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: New Procedures and Access to Courts for Grievances Arising under Group Health Plans Subtitle D: Affordable Health Coverage for Employees of Small Businesses Title II: Amendments to Public Health Service Act Subtitle A: Patient Protections and Point of Service Coverage Requirements Subtitle B: Patient Access to Information Subtitle C: HealthMarts Subtitle D: Community Health Organizations Title III: Amendments to the Internal Revenue Code of 1986 Subtitle A: Patient Protections Subtitle B: Patient Access to Information Subtitle C: Medical Savings Accounts Title IV: Health Care Lawsuit Reform Subtitle A: General Provisions Subtitle B: Uniform Standards for Health Care Liability Actions Title V: Confidentiality of Health Information Title VI: Medical Savings Accounts for Federal Employees Patient Protection Act of 1998 - Title I: Amendments to the Employee Retirement Income Security Act of 1974 - Subtitle A: Patient Protections - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care, to provide those benefits without authorization or referral by a primary care provider; or (3) routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. Subtitle C: New Procedures and Access to Courts for Grievance Arising Under Group Health Plans - Requires group health plans to: (1) provide written notice to participants or beneficiaries and providers of adverse coverage decisions; and (2) meet specified time limits for responding to routine, urgent, and emergency benefit payment requests, coverage advance determinations, and medical necessity determinations. Provides for initial coverage decision internal and, in certain circumstances, external review. Makes a plan's fiduciary who, after an external review recommends coverage, causes a failure to provide a benefit liable to the participant or beneficiary for a civil penalty and attorney's fees and costs. Allows assessment of a civil penalty against a fiduciary for any pattern or practice of repeated adverse coverage decisions in violation of the terms of the plan or ERISA. Allows an action before exhaustion of administrative remedies. Provides for concurrent Federal-State court jurisdiction for actions relating to certain amendments made by this Act. Subtitle D: Affordable Health Coverage for Employees of Small Businesses - Small Business Affordable Health Coverage Act of 1998 - Defines "association health plan" to mean a group health plan meeting specified requirements, including being sponsored by a trade, industry, or professional association, a chamber of commerce (or a similar business association) organized and maintained for substantial purposes other than obtaining or providing medical care. Provides for association plan certification and mandates a class certification procedure. Regulates association plans' boards of trustees and sponsors. Prohibits, for plans in existence on the date of enactment of this Act, a sponsor's affiliated members from being offered coverage unless the member: (1) was affiliated on the certification date; or (2) did not maintain or contribute to a group health plan during the 12 months before the offering of coverage. Prohibits a participating employer from providing health coverage in the individual market for any employee who is eligible for plan coverage if the exclusion from plan coverage is based on health status. Prohibits excluding an employer from an association plan if the employer and plan each meet specified requirements. Prohibits contribution rates for any participating small employers from varying on the basis of claims experience or type of business. Requires, if any plan benefit option does not consist of health coverage, that the plan have at least 1,000 participants and beneficiaries. Requires, if a benefit option consisting of health coverage is offered under the plan, that State-licensed insurance agents be used to distribute to small employers coverage that is not health coverage in a manner comparable to the manner in which those agents are used to distribute health coverage. Requires that a plan consist only of health coverage or, if the plan provides any additional benefit options, that the plan meet certain reserve and excess stop loss insurance and solvency indemnification requirements regarding the additional benefit options for which risk has not yet been transferred. Requires that all plans maintain a specified surplus. Requires association plans providing additional options to make annual payments to the Association Health Plan Fund. Requires that, when there is or will be a failure to maintain such reserves, excess stop loss insurance, and indemnification, the Secretary of Labor pay amounts as necessary to maintain the excess stop loss insurance or indemnification. Establishes the Fund. Mandates advance notice to participants and beneficiaries of certified plan termination. Requires, when a plan has failed or will fail to maintain required reserves, excess stop loss insurance, and indemnification, either corrective action or plan termination. Provides for court appointment of the Secretary as trustee to administer a plan during insolvency. Allows a State to impose a contribution tax on an association plan providing additional options if the plan began operations in the State after enactment of this Act. Sets forth special rules for church plans. Declares that the provisions of this subtitle supersede certain related State laws. (Sec. 1303) Modifies the circumstances in which two or more trades or businesses must be deemed a single employer. (Sec. 1304) Excludes from the definition of "multiple employer welfare arrangement" any arrangement: (1) established or maintained under specified Federal (or similar State) labor relations provisions; or (2) meeting certain collective bargaining and other requirements. (Sec. 1305) Imposes criminal penalties for falsely representing any benefit as: (1) being a certified association plan; or (2) having been established or maintained under certain collective bargaining agreements. (Sec. 1306) Allows a State to enter into an agreement with the Secretary for delegation to the State of some or all of the Secretary's enforcement or certification authority. Title II: Amendments to Public Health Service Act - Subtitle A: Patient Protections and Point of Service Coverage Requirements - Amends the Public Health Service Act to prohibit a group health plan, or a health insurance issuer offering group coverage, from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan or issuer, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine them necessary; (2) routine gynecological or obstetric specialist care benefits, to provide those benefits without an authorization or referral by a primary provider; or (3) routine pediatric specialist benefits, to allow designation of a pediatric specialist as the primary provider. (Sec. 2002) Requires health maintenance organizations (HMOs) that provide coverage under a group health plan only if services are furnished exclusively through members of a closed panel to make available to the plan sponsor an option covering services without regard to whether the providers are panel members. Requires HMOs, when a plan sponsor declines that option, to make optional supplemental coverage available in the individual market to each plan participant. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 2102) Requires the General Accounting Office to report to a specified congressional committee on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: HealthMarts - Health Care Consumer Empowerment Act of 1998 - Requires that HealthMarts: (1) be nonprofit legal entities composed of small employers, employees of small employers, health care providers, and entities that underwrite or administer health benefits coverage; and (2) make available health coverage to all small employers and eligible employees at rates established by the insurance issuer on a policy or product specific basis. Deems HealthMarts group health plans for purposes of specified provisions of ERISA and the Internal Revenue Code. Requires that coverage made available to an eligible employee in a geographic area be offered to all eligible employees in the same area. Declares that the HealthMart: (1) provides coverage only through contracts with issuers and does not assume insurance risk; (2) provides administrative services for purchasers; and (3) collects and disseminates consumer information on all coverage options offered through the Healthmart. Requires that HealthMart coverage provide full portability of creditable coverage for individuals who remain members of the same HealthMart notwithstanding that they change employers. Allows HealthMart coverage to include coverage: (1) through an HMO, a preferred provider or licensed provider-sponsored organization, an insurance company, a medical savings or flexible spending account, or a community health organization; (2) that includes a point-of- service option; or (3) any combination of those coverages. Requires a HealthMart to permit any small employer to contract for coverage and prohibits varying eligibility conditions. Prohibits the purchaser from obtaining or sponsoring coverage other than through the HealthMart. Prohibits enrollment discrimination based on health. Supersedes certain related State laws. Provides for the application of: (1) certain existing ERISA and Public Health Service Act requirements; and (2) renewability requirements when the contract between a HealthMart and an issuer is terminated. Directs the Secretary of Health and Human Services to administer this subtitle through a separate Health Care Marketplace Division. Subtitle D: Community Health Organizations - Allows a community health organization to offer health coverage in a State in spite of not being licensed in that State if the organization has received a licensure waiver from the Secretary of Health and Human Services and other requirements are met. Mandates the establishment of Federal financial solvency and capital adequacy standards. Title III: Amendments to the Internal Revenue Code of 1986 - Subtitle A: Patient Protections - Amends the Internal Revenue Code to prohibit a group health plan from imposing on a health professional any prohibition on advice provided to a participant or beneficiary. Requires a plan, if it provides benefits for: (1) emergencies, to provide benefits (without preauthorization) for emergency medical screening examinations if a prudent layperson would determine the examinations necessary; or (2) routine gynecological or obstetric specialist care, to provide those benefits without an authorization or referral by a primary provider. Requires a plan or issuer, if it provides benefits for routine pediatric specialist care, to allow designation of a pediatric specialist as the primary provider. Subtitle B: Patient Access to Information - Requires plans to include specified information in summary plan descriptions. Mandates advance notice of exclusion from a drug formulary of a drug or biological that is used in the treatment of a chronic illness or disease. (Sec. 3102) Requires the General Accounting Office to report to specified congressional committees on the compliance of: (1) the Department of Justice and all U.S. Attorneys with a specified guideline relating to false claims and civil health care; and (2) the Office of the Inspector General of the Department of Health and Human Services with specified protocols and best practice guidelines. Subtitle C: Medical Savings Accounts - Repeals provisions limiting the number of individuals having medical savings accounts. Allows all employers to offer the accounts. Modifies requirements regarding: (1) the monthly limitation on related deductions; (2) coordination with the exclusion for employer contributions; and (3) the deductible amounts that will qualify as a high deductible plan. Allows the accounts to be included in cafeteria plans. Sets forth special rules for individuals receiving immediate Federal annuities. (Sec. 3202) Allows medical savings accounts to be used by persons with incomes under a certain amount to pay for insurance offered by a community health center. Title IV: Health Care Lawsuit Reform - Subtitle A: General Provisions - Declares that this title applies to any health care liability action in any State or Federal court, except actions: (1) relating to vaccine-related injury to which title XXI (Vaccines) of the Public Health Service Act applies; or (2) under the Employee Retirement Income Security Act of 1974 (ERISA). Preempts State laws inconsistent with this title, but not that impose greater restrictions than those in this title. Excludes economic or punitive damages and attorneys' fees or costs from the determination of the amount in controversy. Subtitle B: Uniform Standards for Health Care Liability Actions - Establishes a statute of limitations for bringing a health care liability action. (Sec. 4012) Limits non-economic damages. Substitutes any different level set by a State after enactment of this Act. Makes defendants liable only for the proportion of the damages due to the defendant's fault. Allows punitive damages, to the extent permitted by State law, if the claimant establishes by clear and convincing evidence that the defendant's conduct intended to cause harm or manifested a conscious, flagrant indifference to the rights or safety of others. Prohibits punitive damages against a manufacturer or product seller of a drug or medical device where the drug or device was subject to Food and Drug Administration (FDA) premarket approval or the drug is generally recognized as safe and effective by the FDA. Prohibits punitive damages relating to packaging or labeling of a drug that is required to have tamper-resistant packaging unless the packaging or labeling is found by clear and convincing evidence to be substantially out of compliance. Prohibits requiring lump-sum payment of future economic and non-economic damages over $50,000. Allows any defendant to introduce evidence of collateral source payments. Prohibits any collateral source payments provider from recovering any amount against the claimant, receiving any lien or credit against the recovery, or being subrogated to the claimant's rights. (Sec. 4013) Requires any alternative dispute resolution used to resolve a health care liability action or claim to contain provisions consistent with this title. Title V: Confidentiality of Health Information - Amends title XI of the Social Security Act to require health care providers, health plans, employers, health or life insurers, or educational institutions to permit an individual who is the subject of protected health information to inspect and copy the information. Requires, if the individual requests addition of a supplemental statement to the information, that those parties: (1) add the statement and make reasonable efforts to inform any person to whom the information was disclosed during the preceding year; or (2) if addition of the statement is refused, allow the individual to file a statement of disagreement. Requires health care providers, health plans, health oversight agencies, public health authorities, employers, health or life insurers, health researchers, or educational institutions to maintain safeguards to ensure the confidentiality, security, accuracy, and integrity of protected health information. Requires any person who maintains protected health information to disclose the information to a health care provider or health plan to permit the provider or plan to conduct health care operations. Preempts State law provisions that: (1) are inconsistent with certain provisions of this title under Article VI (dealing with national supremacy, among other matters) of the Constitution; or (2) relate to specified matters dealt with in this title. Imposes civil fines for substantially and materially failing to comply with the above provisions of this title. Amends title XVIII (Medicare) of the Social Security Act to authorize the Secretary of Health and Human Services to refuse to enter into, terminate, or refuse to renew an agreement with a physician or supplier that has violated the above provisions of this title. Requires compliance with certain provisions of this title by Medicare+Choice organizations, Medicare providers, and HMOs with risk- sharing contracts. (Sec. 5002) Requires the Comptroller General to report to the Congress on the effect of State laws on health-related research subject to review by an institutional review board or institutional review committee with regard to the protection of human subjects. (Sec. 5003) Requires the Comptroller General to submit to the Congress a compilation of State laws on the confidentiality of protected health information and an analysis of the effect of those laws on the provision of, and securing payment for, health care. (Sec. 5004) Exempts information developed by a health care provider in response to a serious, adverse, patient-related event and for specified purposes (health care response information) from any disclosure requirement, in connection with a civil or administrative proceeding under Federal or State law, to the same extent as information developed by the provider regarding peer review, utilization review, quality management or improvement, quality control, risk management, or internal review to reduce mortality, morbidity, or patient care or safety. Prohibits deeming the protection of health care response information from disclosure modified by the development of such information in connection with a request or requirement of an accrediting body or the transfer of that information to an accrediting body. Title VI: Medical Savings Accounts for Federal Employees - Amends Federal law relating to Federal employees' health insurance to entitle an employee or annuitant enrolled in a high deductible health plan to have a Government contribution made to the employee's or annuitant's medical savings account, subject to exceptions and limitations. Requires that, at the employee's or annuitant's request, an amount specified by the employee or annuitant be withheld from their pay or annuity and contributed to their medical savings account. Requires the Office of Management and Budget (OMB) to contract for a high deductible health plan with any qualified carrier that offers such a plan and offers a plan under provisions relating to Federal employees' health insurance. Allows OMB to contract for a high deductible plan with any qualified carrier that offers such a plan but does not offer a plan under those provisions.
Bill· HRH.R. 4255 (105th)referred
United States · United States Congress · 16 July 1998
TABLE OF CONTENTS: Title I: Assistance to States in Providing Charity Tax Credits Title II: Budget Offset Title III: Bankruptcy Protections for Charitable Donations Title IV: Tort Reforms Relating to Charitable Contributions REAL Life Community Renewal Act of 1998 - Title I: Assistance to States in Providing Charity Tax Credits - Authorizes States to use certain Federal grant funds for qualifying State charity tax credits. Directs the Comptroller General of the United States to study the effects of such credit, including the types of recipient organizations and the services they provide to the poor. Title II: Budget Offset - Amends the Internal Revenue Code to reduce the earned income credit for individuals without children. Title III: Bankruptcy Protections for Charitable Donations - Amends Federal bankruptcy law to exclude certain charitable contribution transfers from being deemed fraudulent transfers. Title IV: Tort Reforms Relating to Charitable Contributions - Exempts a business entity, under specified circumstances and with exceptions, from civil liability for injury or death resulting from: (1) the use by a nonprofit organization of donated equipment, facilities, or loan of aircraft or motor vehicles; and (2) business facility tours. Authorizes a State to make such non-liability provisions inapplicable in an action in which all parties are its citizens.
Bill· HRH.R. 4256 (105th)referred
United States · United States Congress · 16 July 1998
21st Century Retirement Act of 1998 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to add a new part B (Individual Security Accounts). Requires the Commissioner of Social Security to establish an individual security account (ISA) for each individual who is employed or self-employed. Requires each employed or self-employed individual (or, if need be, the Commissioner) to designate the investment type of ISA to which the Secretary of the Treasury shall credit, for such individual, the contribution amount deducted from the individual's income. Requires investment of an ISA in a manner similar to that under the Thrift Savings Plan for Federal employees. Prescribes rules for the transfer and distribution of account funds, including providing for the off-budget treatment of ISAs. (Sec. 2) Establishes in the Treasury an Individual Security Fund composed of all established ISAs, and managed by an Individual Security Fund Board. Directs the Board to study and report to the President and the Congress on ways to increase an individual's ISA investment options, especially with respect to rollovers or distributions from such account. Amends the Internal Revenue Code to reduce Federal Insurance Contributions Act (FICA) tax rates on the income and self-employment income of every individual, as well as to impose an ISA contribution on such income, computed according to a specified formula, and adjusted for inflation. (Sec. 3) Amends SSA title II to: (1) establish a new minimum monthly social security benefit for certain low-income individuals who become eligible for Old-Age or Disability Insurance benefits after December 31, 2005; and (2) eliminate the limitation on the amount of outside income (earnings test) which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. (Sec. 5) Amends the Social Security Amendments of 1983, as amended by the Omnibus Budget Reconciliation Act of 1993, to provide for a phased reduction to zero, beginning after 2009, of the subtrahend in the formula for certain transfers to the Hospital Insurance Trust Fund under the Medicare program of SSA title XVIII. (Sec. 6) Amends SSA title II to provide for: (1) OASDI coverage of newly hired State and local employees; (2) a gradual increase in the number of benefit computation years and, for calendar years after 2009, the use of all computation base years in the computation of primary insurance amounts; and (3) a graduated increase in the early and delayed retirement credits. (Sec. 9) Directs the Commissioner of the Bureau of Labor Statistics (BLS) to publish annually in the Federal Register an estimate of: (1) the number of percentage points by which the Consumer Price Index (CPI) is reduced below the level it would otherwise have attained by reason of the adjustments in the determination of such index instituted by the Bureau after December 31, 1997; and (2) the upper level substitution bias retained in the CPI. Makes appropriations to BLS for: (1) research, evaluation, and implementation of a superlative index to estimate upper level substitution bias in the CPI; (2) expansion of the Consumer Expenditure Survey and the Point of Purchase Survey; and (3) implementation of revisions to the CPI with respect to programs under SSA title II. Directs BLS to establish an administrative advisory committee to advise it periodically about CPI revisions, and to conduct research and experimentation with alternative data collection and estimating approaches. Amends SSA title II to provide for use of a reduced CPI in the indexing of cost-of-living benefits. (Sec. 10) Amends SSA title II to: (1) provide for a phased-in reduction in spousal benefits other than survivor's benefits to 33 percent of primary insurance amount; (2) make various specified adjustments to the bend points in the formula for determining the primary insurance amount; and (3) provide for a phased-in increase in social security normal and early retirement ages, up to a normal retirement age of 70 in the year 2037 for individuals attaining early retirement age (62) in the year 2029. Requires specified incremental increases in both normal and early retirement ages after 2029. (Sec. 13) Amends SSA title VII (Administration) to establish a new mechanism for ensuring solvency in the social security trust funds. Directs the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, if it determines that the balance ratio of either Trust Fund for any calendar year during the succeeding 75 years will be zero, to recommend to the Congress and the President statutory adjustments affecting Trust Fund receipts and disbursements necessary to maintain its balance ratio at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio, and the amount of time necessary to alleviate it in a prudent manner. Requires such report to specify the extent to which benefits would have to be reduced, taxes would have to be increased, or a combination thereof, in order to obtain the desired objectives. Directs the same Board to recommend to the Congress and the President statutory adjustments to the disability insurance program to modify the changes in disability benefits made under this Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. Prescribes a procedure for presidential review, disapproval, and approval of Board recommendations.
Bill· HRH.R. 4247 (105th)referred
United States · United States Congress · 16 July 1998
Amends the Internal Revenue Code to allow a limited credit for qualified contributions made for the construction and renovation of public high schools in a limited number of designated high school districts which meet specified criteria, including that there is a poverty rate of at least 45 percent and a per capita income of $9,000 or less in the district's municipality.
Bill· SS. 2313 (105th)open
United States · United States Congress · 15 July 1998
21st Century Retirement Act - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to add a new part B (Individual Security Accounts). Requires the Commissioner of Social Security to establish an individual security account (ISA) for each individual who is employed or self-employed. Requires each employed or self-employed individual (or, if need be, the Commissioner) to designate the investment type of ISA to which the Secretary of the Treasury shall credit, for such individual, the contribution amount deducted from the individual's income. Requires investment of an ISA in a manner similar to that under the Thrift Savings Plan for Federal employees. Prescribes rules for the transfer and distribution of account funds, including providing for the off-budget treatment of ISAs. (Sec. 2) Establishes in the Treasury an Individual Security Fund composed of all established ISAs, and managed by an Individual Security Fund Board. Directs the Board to study and report to the President and the Congress on ways to increase an individual's ISA investment options, especially with respect to rollovers or distributions from such account. Amends the Internal Revenue Code to reduce Federal Insurance Contributions Act (FICA) tax rates on the income and self-employment income of every individual, as well as to impose an ISA contribution on such income, computed according to a specified formula, and adjusted for inflation. (Sec. 3) Amends SSA title II to: (1) establish a new minimum monthly social security benefit for certain low-income individuals who become eligible for Old-Age or Disability Insurance benefits after December 31, 2005; and (2) eliminate the limitation on the amount of outside income (earnings test) which beneficiaries who have attained retirement age may earn without incurring a reduction in benefits. (Sec. 5) Amends the Social Security Amendments of 1983, as amended by the Omnibus Budget Reconciliation Act of 1993, to provide for a phased reduction to zero, beginning after 2009, of the subtrahend in the formula for certain transfers to the Hospital Insurance Trust Fund under the Medicare program of SSA title XVIII. (Sec. 6) Amends SSA title II to provide for: (1) OASDI coverage of newly hired State and local employees; (2) a gradual increase in the number of benefit computation years and, for calendar years after 2009, the use of all computation base years in the computation of primary insurance amounts; and (3) a graduated increase in the early and delayed retirement credits. (Sec. 9) Directs the Commissioner of the Bureau of Labor Statistics (BLS) to publish annually in the Federal Register an estimate of: (1) the number of percentage points by which the Consumer Price Index (CPI) is reduced below the level it would otherwise have attained by reason of the adjustments in the determination of such index instituted by the Bureau after December 31, 1997; and (2) the upper level substitution bias retained in the CPI. Makes appropriations to BLS for: (1) research, evaluation, and implementation of a superlative index to estimate upper level substitution bias in the CPI; (2) expansion of the Consumer Expenditure Survey and the Point of Purchase Survey; and (3) implementation of revisions to the CPI with respect to programs under SSA title II. Directs BLS to establish an administrative advisory committee to advise it periodically about CPI revisions, and to conduct research and experimentation with alternative data collection and estimating approaches. Amends SSA title II to provide for use of a reduced CPI in the indexing of cost-of-living benefits. (Sec. 10) Amends SSA title II to: (1) provide for a phased-in reduction in spousal benefits other than survivor's benefits to 33 percent of primary insurance amount; (2) make various specified adjustments to the bend points in the formula for determining the primary insurance amount; and (3) provide for a phased-in increase in social security normal and early retirement ages, up to a normal retirement age of 70 in the year 2037 for individuals attaining early retirement age (62) in the year 2029. Requires specified incremental increases in both normal and early retirement ages after 2029. (Sec. 13) Amends SSA title VII (Administration) to establish a new mechanism for ensuring solvency in the social security trust funds. Directs the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, if it determines that the balance ratio of either Trust Fund for any calendar year during the succeeding 75 years will be zero, to recommend to the Congress and the President statutory adjustments affecting Trust Fund receipts and disbursements necessary to maintain its balance ratio at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio, and the amount of time necessary to alleviate it in a prudent manner. Requires such report to specify the extent to which benefits would have to be reduced, taxes would have to be increased, or a combination thereof, in order to obtain the desired objectives. Directs the same Board to recommend to the Congress and the President statutory adjustments to the disability insurance program to modify the changes in disability benefits made under this Act without reducing the balance ratio of the Federal Disability Insurance Trust Fund. Prescribes a procedure for presidential review, disapproval, and approval of Board recommendations.
Bill· SS. 2312 (105th)open
United States · United States Congress · 15 July 1998
TABLE OF CONTENTS: Title I: Department of the Treasury Title II: Postal Service Title III: Executive Office of the President and Funds Appropriated to the President Title IV: Independent Agencies Title V: General Provisions Title VI: General Provisions Treasury and General Government Appropriations Act, 1999 - Makes appropriations for FY 1999 for the Treasury Department, the U.S. Postal Service, the Executive Office of the President, and certain independent agencies. Title I: Department of the Treasury - Treasury Department Appropriations Act, 1999 - Makes appropriations for the Department of the Treasury for: (1) departmental offices; (2) automation enhancement; (3) the Office of Inspector General; (4) repair and restoration of the Treasury building and annex; (5) the Financial Crimes Enforcement Network; (6) violent crime reduction programs; (7) the Federal Law Enforcement Training Center, including amounts for acquisition of additional real property and facilities and maintenance and facility improvements; (8) interagency law enforcement with respect to organized crime drug trafficking; (9) the Financial Management Service; (10) the Debt Collection Improvement Account; (11) the Federal Financing Bank; (12) the Bureau of Alcohol, Tobacco and Firearms; (13) the U.S. Customs Service, including amounts for operations and maintenance of marine vessels and aircraft and collection of the Harbor Maintenance Fee; (14) the Bureau of the Public Debt; (15) the Internal Revenue Service (IRS), including amounts for tax law enforcement, earned income tax credit compliance and error reduction initiatives, information systems, and information technology investments; and (16) the Secret Service, including an amount for construction and improvement of facilities. (Sec. 117) Amends the Federal judicial code to provide that any property with respect to which certain financial transactions are prohibited or regulated under specified provisions of the Trading with the Enemy Act and the International Emergency Economic Powers Act, provisions of the Foreign Assistance Act of 1961 prohibiting assistance to Cuba, or any order, regulation, or license issued pursuant thereto shall be subject to execution or attachment in aid of execution of any judgment relating to a claim for which a foreign state claiming such property is not immune from the jurisdiction of U.S. courts in cases where damages are sought against the state for injury or death caused by torture, extrajudicial killing, aircraft sabotage, hostage taking, or support for such acts. Makes such requirement inapplicable if, at the time the property is expropriated or seized by the foreign state, the property has been held in title by a natural person or held in trust for the benefit of a natural person. Requires the Secretaries of the Treasury and State, at the request of any party in whose favor a judgment has been issued with respect to a claim for which the foreign state is not immune, to assist any judgment creditor or court in identifying, locating, and executing against the property of such state. Sets forth authorized uses of, and limitations on, funds made available under this title. Title II: Postal Service - Postal Service Appropriations Act, 1999 - Makes appropriations for payments to the Postal Service Fund for revenue foregone on free and reduced rate mail. Sets forth authorized uses of, and limitations on, such funds. Title III: Executive Office of the President and Funds Appropriated to the President - Executive Office Appropriations Act, 1999 - Makes appropriations for: (1) compensation of the President and the White House office; (2) operating, maintenance, and reimbursable expenses of the Executive Residence at the White House; (3) special assistance to the President and the official residence of the Vice President; (4) the Council of Economic Advisers; (5) the Office of Policy Development; (6) the National Security Council; (7) the Office of Administration; (8) the Office of Management and Budget (OMB); (9) the Office of National Drug Control Policy; (10) Federal drug control programs, including amounts for the High Intensity Drug Trafficking Areas Program and for a national anti-drug campaign for youth; and (11) emergency expenses related to year 2000 conversion of Federal information technology systems. Sets forth authorized uses of, and limitations on, such funds. Title IV: Independent Agencies - Independent Agencies Appropriations Act, 1999 - Makes appropriations for the: (1) Committee for Purchase From People Who Are Blind or Severely Disabled; (2) Federal Election Commission; (3) Federal Labor Relations Authority; and (4) General Services Administration (GSA), including amounts for the Federal Buildings Fund, Government-wide policy and operations, Office of Inspector General, and allowances and office staff for former Presidents. Sets forth authorized uses of, and limitations on, such funds. (Sec. 409) Authorizes the GSA Administrator to convey without consideration to the city of Racine, Wisconsin, certain excess real property containing the Army Reserve Center. Makes appropriations for: (1) the Merit Systems Protection Board; (2) the National Archives and Records Administration, including amounts for repairs and restoration of archives; (3) the National Historical Publications and Records Commission; (4) the Office of Government Ethics; (5) the Office of Personnel Management, including an amount for the Office of Inspector General; (6) Government contributions for health and life insurance benefits for annuitants; (7) the Civil Service Retirement and Disability Fund; (8) the Office of Special Counsel; and (9) the U.S. Tax Court. Sets forth authorized uses of, and limitations on, such funds. Title V: General Provisions - Sets forth prohibited uses of funds made available under this Act. Title VI: General Provisions - Sets forth authorized and prohibited uses of funds appropriated for Federal departments, agencies, and corporations. (Sec. 625) Requires the OMB Director to report to the Congress: (1) estimates of costs and benefits of Federal regulatory programs and of each rule likely to have a gross annual effect on the economy of $100 million or more in increased costs; (2) impacts of Federal rules on the private sector and all levels of government; and (3) recommendations for reform or elimination of inefficient regulatory programs. (Sec. 632) Bars the use of funds made available for the Customs Service in this Act to allow the importation of any good produced or manufactured by forced or indentured child labor. (Sec. 634) Requires the Director of the U.S. Marshals Service to conduct a quarterly threat assessment on the Director of the Office of National Drug Control Policy. (Sec. 641) Authorizes the Secretary of the Treasury, upon submission of proper documentation, to reimburse importers of large capacity military magazine rifles for which authority was granted to import such firearms into the United States on or before November 14, 1997, and which were released under bond to the importer by the Customs Service on or before February 10, 1998, provided that such an importer abandons title to the firearms to the United States. (Sec. 642) Bars the heads of executive agencies from acquiring items that appear on lists required to be prepared by the Secretary of Labor of items that might have been mined, produced, or manufactured by forced or indentured child labor. Requires the heads of executive agencies to include in solicitations of offers for procurement contracts of items included on such lists certain requirements for: (1) contractor certifications regarding good faith efforts to determine whether child labor was used with respect to such items and that the contractor is unaware of the use of child labor; and (2) full cooperation by the contractor for access to records or premises if requested by U.S. officials. Applies such requirement to acquisitions in excess of the micro-purchase threshold, as defined in the Office of Federal Procurement Policy Act. Authorizes termination of contracts for violation of such requirements. Permits debarment or suspension of a contractor from eligibility for Federal contracts for a period of three years if the contractor furnished items involving, or used, child labor. Revises the Federal Acquisition Regulation to provide for the implementation of this section. Makes this section inapplicable to a contract: (1) for the procurement of any article from a foreign country that is a party to the Agreement on Government Procurement annexed to the World Trade Organization Agreement or to the North American Free Trade Agreement; and (2) that is of a value equal to or greater than the U.S. threshold specified in either of such agreements. (Sec. 643) Provides for a 3.6 percent increase in rates of basic pay for Federal employees for FY 1999.
Bill· SS. 2307 (105th)open
United States · United States Congress · 15 July 1998
TABLE OF CONTENTS: Title I: Department of Transportation Title II: Related Agencies Title III: General Provisions Department of Transportation and Related Agencies Appropriations Act, 1999 - Title I: Department of Transportation - Makes appropriations for FY 1999 (with specified rescissions, transfers of funds, limitations on obligations, and liquidations of contract authorizations) for: (1) the Office of the Secretary of Transportation; (2) the Coast Guard; (3) the Federal Aviation Administration (FAA); (4) the Federal Highway Administration (FHA) (earmarking specified amounts for certain Intelligent Transportation System projects); (5) the National Highway Traffic Safety Administration; (6) the Federal Railroad Administration; (7) the Federal Transit Administration (including specified national planning and research program projects, new and existing fixed guideway systems, and buses and bus-related facilities projects); (8) the Saint Lawrence Seaway Development Corporation; (9) the Research and Special Programs Administration; (10) the Office of the Inspector General; and (11) the Surface Transportation Board. Title II: Related Agencies - Makes appropriations for FY 1999 for: (1) the Architectural and Transportation Barriers Compliance Board; and (2) the National Transportation Safety Board. Title III: General Provisions - Sets forth specified prohibitions, limitations, permissions, and mandates with respect to the use of appropriations under this Act identical or very similar to those enacted in the Department of Transportation and Related Agencies Appropriations Act, 1998 (Public Law 105-66). (Sec. 320) Reduces the amount of funds provided in this Act for the Transportation Administrative Service Center (TASC). (Sec. 322) Prohibits any funds under this Act from being used to impose on any federally-funded project or any applicant for any federally-funded grant or award any government-mandated conditions or requirements with regard to benefits, labor or employment practices or working conditions, which are not expressly authorized as to public works by Federal or State statutes. (Sec. 325) Prohibits any funds under this Act from being used for grants to the National Railroad Passenger Corporation (Amtrak) (except that such prohibition shall not apply upon the public disclosure by Amtrak of its national average per passenger loss during the previous fiscal year for which data is available). (Sec. 328) Requires the interest produced from the investment of the Trans-Alaska Pipeline Liability Fund balance that is transferred and deposited into the Oil Spill Liability Trust Fund to be transferred annually by the National Pollution Funds Center to the Denali Commission to repair or replace bulk fuel storage tanks in Alaska which are not in compliance with Federal law, the Oil Pollution Act of 1990, or State law. (Sec. 330) Prohibits expenditure of funds made available under this Act by any entity that does not agree to comply with the Buy American Act. Expresses the sense of Congress that entities receiving assistance under this Act should purchase only U.S.-made equipment and products to the greatest extent practicable. Prohibits the use of funds for contracts with persons falsely labeling products as made in America. (Sec. 331) Makes receipts collected from users of fitness centers operated by or for the Department of Transportation available to support their operation and maintenance. (Sec. 332) Prohibits the provision of essential air service to communities in the 48 contiguous States that are fewer than 70 highway miles from the nearest large and medium hub airport, or that require a rate of subsidy per passenger in excess of $200 unless such point is greater than 210 miles from the nearest large or medium hub airport. (Sec. 334) Authorizes the Secretary of Transportation to convey to North Carolina such portion of Coast Guard Station Ocracoke, North Carolina, as the Secretary considers to be appropriate for transportation, education, environmental, or other public purposes. (Sec. 335) Declares that appropriated funds intended for highway demonstration projects, railroad-highway crossings demonstration projects or railroad relocation projects in Augusta, Georgia, are available for implementation of a project consisting of modifications and additions to streets, railroads, and related improvements in the vicinity of the grade crossing of the CSX railroad and 15th Street in Augusta, Georgia. (Sec. 336) Amends Federal transportation law to revise requirements for operating a commercial motor vehicle to authorize an individual to operate such vehicle solely within the borders of a State if the individual: (1) has passed written and driving tests to operate the vehicle that meet such minimum standards as may be prescribed by the State; and (2) has a driver's license that is not suspended, revoked, or canceled. (Currently, the Secretary may prescribe regulations providing for such operation by an individual for not more than a 90 day period). (Sec. 337) Declares that no approval from the Secretary of Transportation (other than review of the project final design) shall be required to construct additional entrances and exits between exits 57 and 58 for a pilot project to demonstrate a streamlined process for project implementation on Interstate 495 in Suffolk County, New York, provided such entrances and exits are designed, constructed or otherwise authorized by the responsible state transportation agency through the appropriate state environmental process. (Sec. 338) Directs the Secretary of Transportation to enter into agreements with the New York State Department of Transportation that would allow automotive service stations or other commercial establishments for serving motor vehicle users to be sited and constructed in the vicinity of exit 51 and either exits 66, 67, or 68 of the Long Island Expressway (Interstate 495) in Suffolk County. (Sec. 339) Amends Federal law to authorize the Secretary of Transportation to grant a temporary exemption to passenger motor vehicles from a prescribed bumper standard. (Sec. 340) Specifies funds for the Norfolk-Virginia Beach Corridor project, the Massachusetts North Shore Corridor project, the San Diego Mission Valley and Mid-Coast Corridor projects, the Hartford, Connecticut, light rail project, the Stanford, Connecticut, fixed guideway connector, and the Old Saybrook-Hartford rail extension project. (Sec. 341) Prohibits the use of funds under this Act by the Coast Guard to issue or enforce certain regulations under the Edible Oil Regulatory Reform Act, unless such regulations recognize and provide, with respect to (animal) fats, (vegetable) oils, and greases, for differences in physical, chemical, biological, and other relevant properties, and in environmental effects. (Sec. 343) Authorizes the use of specified funds to support a direct loan of $85 million to Reno, Nevada, for the Reno Transportation Corridor project, including the grade separation of at-grade rail lines and cross streets with a primarily below-grade corridor. (Sec. 344) Makes certain funds allocated or authorized from the highway trust fund for Miller Highway in New York City, New York, available to the State of New York, subject to the State and local planning and environmental review process. (Sec. 345) Authorizes the Secretary of Transportation, upon specified assurances from the State of New Jersey, to waive repayment of any Federal-aid highway funds expended on the construction of high occupancy vehicle lanes or auxiliary lanes on I-287 in the State of New Jersey. (Sec. 346) Amends the Intermodal Surface Transportation Efficiency Act of 1991, as amended by the Transportation Equity Act for the 21st Century, to change from mandatory to discretionary the authority of the Secretary of Transportation to approve one or more substitute highway, bus transit, or light rail transit projects in lieu of construction of the I-94 East-West Transitway project in Milwaukee and Waukesha Counties, Wisconsin. Requires the Governor of Wisconsin to consult with appropriate local government officials before requesting the Secretary to approve such a substitute project. (Sec. 347) Authorizes the use of certain discretionary grants funds (hitherto available for the Virtual Transit Enterprise project) to fund any aspect of the Virtual Transit Enterprise integration of information project in South Carolina. (Sec. 348) Amends the Transportation Equity Act for the 21st Century to authorize Vermont to use certain pilot project funds from the Highway Trust Fund Mass Transit Account for capital improvements to, and operating assistance for, intercity passenger rail service.
Bill· HRH.R. 4229 (105th)referred
United States · United States Congress · 15 July 1998
21st Century Fire and Public Safety Act - Authorizes the Administrator of the United States Fire Administration to make grants on a competitive basis to local governments to enable them to better protect public safety against fire and fire-related hazards. Requires the local government receiving the grant to match for the fiscal year: (1) ten percent of the Federal funds, if the local government represents a community of 25,000 residents or fewer; (2) 15 percent of the Federal funds, if the local government represents a community of more than 25,000 but not more than 100,000 residents; and (3) 25 percent of the Federal funds, if the local government represents a community of more than 100,000 residents. Requires the Administrator to ensure that grants are made to local governments representing communities of each size described above for which there are eligible applicants. Specifies the use of such grants and limits administrative costs of grant recipients to ten percent of the total amount of the grant. Requires the recipients to report to the Administrator, with respect to each fiscal year a grant was received, on the use of the grant. Authorizes appropriations.
Bill· HRH.R. 4220 (105th)referred
United States · United States Congress · 15 July 1998
Veterans Benefits Restoration Act of 1998 - Repeals a Federal provision which prohibits a veteran's disability or death from being considered to have resulted from a personal injury suffered or a disease contracted in the line of duty on the basis that it resulted from the use of tobacco products during the veteran's military, naval, or air service. Provides that such repeal shall apply to any claim for compensation received by the Secretary of Veterans Affairs before or after enactment of this Act. Prohibits the Director of the Office of Management and Budget from making any estimate of changes in direct spending outlays under provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) for any fiscal year resulting from the enactment of this Act.
Resolution· HRESH.Res. 501 (105th)passed
United States · United States Congress · 15 July 1998
Sets forth the rule (open) for the consideration of H.R. 4194 (Departments of Veterans Affairs and Housing and Urban Development and independent agencies appropriations).
Bill· SS. 2304 (105th)referred
United States · United States Congress · 14 July 1998
Amends provisions of the Internal Revenue Code concerning cafeteria plans to state that a plan or arrangement shall not fail to be treated as a cafeteria plan or flexible spending or similar arrangement and no amount shall be required to be included in gross solely because under such plan or arrangement any nontaxable benefit which is unused during the taxable year may be carried forward, subject to limitation.
Bill· SS. 2300 (105th)referred
United States · United States Congress · 14 July 1998
State, Excise, Sales, and Transaction Tax Enforcement Act of 1998 - Amends the Federal judicial code to require the owners and operators of tribal retail enterprises to collect and remit qualified State taxes. Allows a State to bring an action in a district court: (1) for a declaratory judgment concerning the applicability or lawfulness of such a tax; or (2) against a tribal retail enterprise or the Indian tribe or a tribal member that owns or operates the enterprise to enforce the collection or remittance of such a tax. Defines a "qualified State tax" as any lawfully imposed, nondiscriminatory excise, sales, or transaction tax imposed by a State on a purchase of a good or service from a tribal retail enterprise by a person who is not a member of that Indian tribe, excluding any State tax: (1) imposed on a purchase from an enterprise that is exempted under State law from collecting and remitting because the associated Indian tribe imposes and collects an equivalent tax; (2) imposed on a sale if the State has waived the applicability of that tax to a purchase from the enterprise by a person who is not a member of the associated tribe; (3) that is the subject of an agreement between an enterprise and a State that exempts that enterprise from collecting and remitting that tax; or (4) the incidence of which falls on an Indian tribe or a member of an Indian tribe.
Bill· SS. 2296 (105th)referred
United States · United States Congress · 14 July 1998
Defense Jobs and Trade Promotion Act of 1998 - Amends the Internal Revenue Code to repeal the limitation on the amount of receipts attributable to military property which may be treated as exempt foreign trade income.
Bill· SS. 2303 (105th)open
United States · United States Congress · 14 July 1998
TABLE OF CONTENTS: Title I: Investigating and Punishing Violent Crimes Against United States Nationals Abroad Title II: Strengthening the Air, Land, and Sea Borders of the United States Subtitle A: Violence Committed Along United States Border Subtitle B: Strengthening Maritime Law Enforcement Along United States Borders Subtitle C: Smuggling of Contraband and Other Illegal Products Title III: Denying Safe Havens to International Criminals Subtitle A: Strengthening Extradition to Ensure International Criminals are Brought to Justice Subtitle B: Strengthening Immigration Laws to Exclude International Criminals from the United States Subtitle C: Additional Tools to Deny Safe Haven to International Criminals Title IV: Seizing and Forfeiting the Assets of International Criminals Title V: Responding to Emerging International Crime Threats Subtitle A: Computer and High-Tech Crime Subtitle B: Alien Smuggling Subtitle C: Trafficking in Chemicals Used to Produce Drugs Subtitle D: Arms Trafficking Title VI: Promoting Global Cooperation in the Fight Against International Crime Title VII: Streamlining the Investigation and Prosecution of International Crimes in United States Courts International Crime Control Act of 1998 - Title I: Investigating and Punishing Violent Crimes Against United States Nationals Abroad - Amends the Federal criminal code to prohibit, and set penalties for, committing or attempting to commit extortion against a U.S. national. Authorizes prosecution for homicide, an attempt or conspiracy to commit homicide, or acts of physical violence with intent to cause, or resulting in, serious bodily injury with respect to U.S. nationals abroad where the Attorney General or the highest ranking subordinate of the Attorney General with responsibility for criminal prosecutions certifies in writing that the offense was intended to further the objectives of an organized criminal group (currently, limited to circumstances where such actions were intended to coerce, intimidate, or retaliate against a government or a civilian population). Specifies that such certification shall not be subject to judicial review. (Sec. 1002) Prohibits, and sets penalties for, the murder or serious assault of a State or local law enforcement, judicial, or other official abroad while such official is engaged in, or if the prohibited activity occurs on account of the performance by that official of, training or providing technical or other assistance to the United States or a foreign government in connection with any program funded by the Federal Government. Limits prosecution and judicial review under this section. Title II: Strengthening the Air, Land, and Sea Borders of the United States - Subtitle A: Violence Committed Along United States Border - Prohibits, and sets felony penalties for, violence committed while eluding inspection or during violation of arrival, reporting, entry, or clearance requirements, including conspiracy and reckless endangerment. Subtitle B: Strengthening Maritime Law Enforcement Along United States Borders - Prohibits, and sets penalties for: (1) failing to obey an order to heave to (on being so ordered by an authorized Federal law enforcement officer); and (2) failing to comply with an order of such officer in connection with the boarding of the vessel, impeding or obstructing a boarding, arrest, or other law enforcement action authorized by Federal law, or providing false information to such an officer during a boarding regarding the destination, origin, ownership, registration, nationality, cargo, or crew of the vessel. Authorizes: (1) a foreign country to consent or waive objection to the enforcement of U.S. law by the United States under this subtitle by international agreement or, on a case-by-case basis, by radio, telephone, or similar oral or electronic means; (2) the Secretary of State or his or her designee to prove a consent or waiver by certification; and (3) the seizure and forfeiture of a vessel used in violation of this subtitle. (Sec. 2202) Sets a civil penalty of not more than $25,000 for failure to comply with a lawful boarding, obstruction of boarding, or provision of false information. Provides for in rem liability. (Sec. 2203) Amends the Tariff Act of 1930 to define an "authorized place" to board vessels to include a location in a foreign country at which U.S. customs officers are permitted to conduct inspections, examinations, or searches. Subtitle C: Smuggling of Contraband and Other Illegal Products - Prohibits, and sets penalties for, smuggling contraband and other goods from the United States and for facilitating the transportation of such goods prior to exportation. Makes such smuggling, and smuggling goods into foreign countries, a predicate offense under the money laundering statute. Amends the Tariff Act to provide for the forfeiture of merchandise illegally exported or attempted to be exported from the United States. (Sec. 2302) Expands the scope of provisions prohibiting smuggling goods into foreign countries to include the use of vehicles, aircraft, and conveyances or other modes of transportation (currently, limited to vessels). Repeals a requirement that the penalties shall apply only if any penalty or forfeiture is provided under the laws of the foreign government for violation of U.S. laws respecting customs revenue. Authorizes the Secretary of the Treasury (the Secretary) to promulgate regulations regarding illicit liquor trafficking enforcement. Prohibits, and sets penalties for: (1) transporting more than 360 liters of distilled spirits from one State into another State or foreign country; or (2) receiving or possessing more than such amount of distilled spirits that have been transported in interstate or foreign commerce in violation of Federal or State law. Provides for its seizure and forfeiture. (Sec. 2303) Increases the penalty for entry of goods by means of false statements. Prohibits, and applies such penalty to, embezzling, stealing, or wrongfully converting to personal use funds, assets, securities, or other property entrusted to a person's care or to the care of another for the purpose of paying any lawful customs duties. (Sec. 2304) Prohibits, and sets penalties for, false certifications relating to exports. Title III: Denying Safe Havens to International Criminals - Subtitle A: Strengthening Extradition to Ensure International Criminals are Brought to Justice - Authorizes the Attorney General, if a foreign government makes a request for the extradition of a person who is charged with or has been convicted of an offense within that government's jurisdiction, and if an extradition treaty between that government and the United States is in force but does not provide for extradition for the offense for which the person has been charged or convicted, or if no treaty is in force, to authorize the filing of a complaint for extradition, subject to specified conditions. Subtitle B: Strengthening Immigration Laws to Exclude International Criminals from the United States - Amends the Immigration and Nationality Act (INA) to make inadmissible for a visa or for admission into the United States any alien coming to the United States to avoid lawful prosecution in a foreign country for a crime involving moral turpitude (other than a purely political offense). Provides for the removal of such aliens to the country seeking prosecution of that alien unless, in the Attorney General's discretion, the removal is determined to be impracticable, inadvisable, or impossible. (Sec. 3202) Amends the INA to provide for the inadmissibility of persons: (1) involved in racketeering and arms (or explosive material) trafficking; (2) who have benefited from illicit activities of drug traffickers; and (3) involved in international alien smuggling. Subtitle C: Additional Tools to Deny Safe Haven to International Criminals - Grants the Attorney General the authority, if a person is being held in pretrial detention or is otherwise in custody in a foreign county based upon a violation of the law in that country and the person is found extraditable to the United States by the competent authorities of that country while still in pretrial detention or custody, to: (1) request the temporary transfer of that person to the United States to face prosecution in a Federal or State criminal proceeding; (2) maintain the custody of that person while he or she is in the United States; and (3) return that person to the foreign country at the conclusion of the criminal prosecution, including any imposition of sentence. Sets forth similar provisions regarding the Attorney General's authority with respect to the temporary transfer of persons in pretrial detention or custody in the United States to foreign governments seeking their extradition. (Sec. 3302) Amends the Federal judicial code to prohibit a person from using the resources of the U.S. courts in furtherance of a claim in any related civil forfeiture action, or a claim in third party proceedings in any related criminal forfeiture action, if that person: (1) purposely leaves U.S. jurisdiction; (2) declines to enter or reenter the United States to submit to its jurisdiction; or (3) otherwise evades the jurisdiction of the court in which a criminal case against that person is pending. (Sec. 3303) Removes restrictions on the transfer of foreign prisoners to serve sentences in their country of origin where provided by treaty. (Sec. 3304) Authorizes the Attorney General to permit the temporary transit through the United States of a person wanted for prosecution or imposition of sentence in a foreign country. Title IV: Seizing and Forfeiting the Assets of International Criminals - Prohibits, and sets penalties for, violations of anti-money laundering orders. (Sec. 4002) Amends the Tariff Act to authorize a customs officer, in order to assure compliance with and enforce U.S. customs laws, to stop and search mail originating in the United States that is addressed to a location outside the United States in accordance with regulations prescribed by the Secretary. Sets forth provisions regarding requirements for such regulations (examination and search by customs officers, sealed versus unsealed mail), limitations on reading correspondence contained in such mail, and procedures for such examination. (Sec. 4003) Provides for civil forfeiture of the proceeds of foreign crimes, the property used to commit drug crimes abroad and to violate Federal explosives laws, and the property involved in a transaction in violation of the prohibition of illegal money transmitting businesses. (Sec. 4005) Establishes a presumption in international drug and money laundering cases that property is subject to civil forfeiture if the United States establishes: (1) that such property was acquired by a person who was engaged in an offense against a foreign nation involving the manufacture, importation, sale, or distribution of a controlled substance and there was no likely source for the property other than the offense; or (2) three of the following factors: such property constitutes or is traceable to more than $10,000 that has been or was intended to be transported to or from a major drug transit, drug producing, or money laundering country; the transaction occurred in a foreign country whose bank secrecy laws prevent the United States from obtaining records; an involved person has been convicted of or is a fugitive from a felony money laundering or controlled substance offense; or the transaction was conducted by a shell corporation not engaged in any legitimate activity in the United States. (Sec. 4006) Authorizes the Attorney General, if a person is arrested or charged in a foreign country in connection with an offense that would give rise to the forfeiture of property in the United States under the code or under the Controlled Substances Act (CSA), to apply to any Federal judge or magistrate judge in the district in which the property is located for an ex parte order restraining the property subject to forfeiture for up to 30 days, subject to specified requirements. (Sec. 4007) Specifies that in a civil forfeiture case, or in an ancillary proceeding in a criminal forfeiture case under CSA, the refusal of a claimant to provide financial records located in a foreign country in response to a discovery request shall result in the dismissal of the claim with prejudice if: (1) the records may be material to a claim or the Government's ability to respond to the claim or, in a civil forfeiture case, to the Government's ability to establish the forfeitability of the property; and (2) it is within the claimant's capacity to waive his or her rights under those secrecy laws, or to obtain the records himself or herself, so that the records can be made available. (Sec. 4008) Grants the district courts jurisdiction over any foreign person, including any financial institution registered in a foreign country, that commits a money laundering offense involving a financial transaction that occurs in whole or in part in the United States, if service of process is made as specified. Authorizes the court to take action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgement under this section. (Sec. 4009) Amends the money laundering statute to: (1) include foreign banks within the definition of "financial institution"; and (2) add specified serious foreign crimes to the list of money laundering predicate offenses. (Sec. 4011) Amends CSA to authorize the court: (1) in the case of property that has been placed beyond the court's jurisdiction, to order the defendant to return the property to the court's jurisdiction so it may be seized and forfeited; and (2) to order the defendant to repatriate any property subject to forfeiture pending trial and to deposit that property in the registry of the court, or with the United States Marshals Service or the Secretary, in an interest-bearing account (sets penalties for failure to comply). (Sec. 4012) Amends the judicial code to establish a procedure by which: (1) a foreign nation seeking to have its value based confiscation judgment registered and enforced by a U.S. district court shall first submit to the Attorney General a request; and (2) the Attorney General shall determine whether to certify the request. Authorizes that nation to file a civil proceeding in U.S. district court seeking to enforce such judgment if the request is certified. Sets forth provisions regarding entry and enforcement of judgment, finality of foreign findings, and currency conversion. (Sec. 4013) Expands the Secretary's administrative summons authority under the Bank Secrecy Act. (Sec. 4014) Revises the Electronic Communications Privacy Act of 1986 to authorize a person or entity to divulge the contents of a communication to a law enforcement agency or supervisory agency if such contents were inadvertently obtained by the service provider, appear to pertain to the commission of the crime, and appear to reveal a suspicious transaction relevant to a possible violation of law or regulation. (Sec. 4015) Amends the International Emergency Economic Powers Act (IEEPA) and the Trading With the Enemy Act of 1917 (TWEA) to provide that information obtained under such Acts may be withheld only to the extent permitted by statute, except that information submitted, obtained, or considered in connection with any transaction prohibited under such Acts, including license applications, licenses or other authorizations, information or evidence obtained in the course of any investigation, and information obtained or furnished in connection with international agreements, treaties, or obligations shall be withheld from public disclosure, unless the release of the information is determined by the President to be in the national interest. (Sec. 4016) Increases the civil penalty and the criminal fine for violations of IEEPA. (Sec. 4017) Amends TWEA to cover attempted violations of the Act. Title V: Responding to Emerging International Crime Threats - Subtitle A: Computer and High-Tech Crime - Authorizes the interception of wire, oral, or electronic communications when such interception may provide or has provided evidence of a felony relating to computer fraud and attacks on computer systems. Specifies circumstances under which a person who commits an offense outside the United States that would constitute fraud or another prohibited related activity in connection with an access device shall be subject to the penalties for such offense as if it were committed in the United States. Subtitle B: Alien Smuggling - Modifies INA to provide for the civil and criminal forfeiture of any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of an alien smuggling offense (currently, only provides for civil forfeiture) and of property that constitutes, is derived from or traceable to the proceeds obtained from, or is used to or intended to be used to facilitate, the commission of such offense. Specifies that, in cases of: (1) civil forfeiture, any such property may be seized by the Attorney General in accordance with procedures under the code; and (2) criminal forfeiture, certain provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970 shall apply. Subtitle C: Trafficking in Chemicals Used to Produce Drugs - Amends the Controlled Substances Import and Export Act (CSIEA) to require each person who proposes to engage in a transaction involving the importation or exportation of a listed chemical that requires advance notification, or of an encapsulating machine, to notify the Attorney General within 15 days before the transaction. Authorizes the Attorney General to provide that the 15-day notification requirement: (1) shall apply to all imports of a listed chemical, regardless of the status of certain importers of that listed chemical as regular importers, upon finding that such notification is necessary to support effective chemical diversion control programs or is required by treaty or other international agreement to which the United States is a party; and (2) for certain importations or exportations, shall include additional information to enable a determination to be made that the listed chemical will be used for a legitimate purpose or at the time the information is needed to satisfy requirements of the importing or exporting country. Directs the Attorney General to provide notice of such additional requirements specifically identifying the listed chemicals and countries involved. Rewrites CSIEA provisions to authorize a controlled substance in schedule I to be imported into the United States for transshipment to another country or for transference or transshipment from one vessel, vehicle, or aircraft to another within the United States for immediate exportation, only if: (1) evidence is furnished that enables the Attorney General to determine that the substance will be used for scientific, medical, or other legitimate purposes in the country of destination; and (2) the substance is imported, transferred, or transshipped with the prior written approval of the Attorney General (which shall be granted or denied within 21 days after the request is made) based on a determination that specified requirements have been satisfied. Authorizes a controlled substance in schedule II, III, or IV, or a listed chemical to be imported, transferred, or transshipped only if: (1) evidence is furnished that enables the Attorney General to determine that the substance or chemical will be used for scientific, medical, or other legitimate purposes in the country of destination; and (2) advance notification is given to the Attorney General within 15 days prior to the exportation of the substance or chemical from the foreign port of embarkation. Authorizes suspension of the importation, transfer, transshipment, or exportation of: (1) a controlled substance on the ground that it may be diverted to other than scientific, medical, or other legitimate purposes; and (2) a listed chemical on the ground that it may be diverted to the clandestine manufacture of a controlled substance. Allows the Attorney General to place under seal any shipment of a controlled substance or listed chemical that: (1) has been imported or is subject to U.S. jurisdiction; and (2) is subject to an order suspending the importation, transfer, transshipment, or exportation of the controlled substance or listed chemical. Prohibits any disposition of a controlled substance or listed chemical under seal until the suspension order becomes final. Sets forth provisions regarding orders of sale, disposal, surrender to the Attorney General for appropriate disposition, and forfeiture. Establishes penalties for importing or exporting a listed chemical with intent to evade reporting or recordkeeping requirements by: (1) falsely representing to the Attorney General that the importation or exportation is not subject to the 15-day advance notification requirement or to reporting requirements established by the Attorney General; or (2) misrepresenting the actual country of final destination of the listed chemical or the actual listed chemical being imported or exported. Replaces certain penalty provisions with a provision stating that, in addition to any other applicable penalty, any person convicted of a felony violation of CSIEA relating to the receipt, distribution, manufacture, importation, or exportation of a listed chemical may be enjoined from engaging in any transaction involving a listed chemical for not more than ten years. Subtitle D: Arms Trafficking - Amends the Arms Export Control Act to make prohibitions regarding transactions with countries supporting acts of international terrorism inapplicable with respect to any transaction arising out of an investigation by a Federal law enforcement agency concerning possible criminal violations of U.S. law. Amends the Brady Handgun Violence Prevention Act to provide for background checks for purchases of explosives. Sets forth provisions regarding penalties for violations, written reasons provided on request for denial of requests for permission to receive explosive materials, correction of erroneous system information, remedies for erroneous denial of such materials, and attorney's fees. Requires that: (1) applications for a user permit or license to import, manufacture, or deal in explosive materials include fingerprints and a photograph of the applicant; (2) each applicant for a license pay a fee established by the Secretary of up to $300 and each applicant for a permit pay a fee established by the Secretary of up to $100 (currently, $200 for a license or permit). (Sec. 5403) Prohibits convicted felons from receiving and possessing explosive materials. Title VI: Promoting Global Cooperation in the Fight Against International Crime - Authorizes the Attorney General or the Secretary, whenever property is civilly or criminally forfeited under any provision of Federal law, to transfer such property or proceeds to a cooperating foreign country which participated in the seizure or forfeiture of the property. (Sec. 6002) Amends the Federal judicial code to authorize the Attorney General to present a request made by a foreign government for assistance with respect to a foreign investigation, prosecution, or proceeding regarding a criminal matter the execution of which requires the use of compulsory measures in more than one judicial district, to a judge or judge magistrate of any one of such districts or of the U.S. District Court for the District of Columbia. Grants such judge or magistrate the authority to issue orders to execute the request. (Sec. 6003) Grants the Attorney General authority to temporarily transfer a person who is serving a sentence, is in pretrial detention, or is otherwise being held in U.S. custody, whose testimony is needed in a foreign criminal proceeding, subject to specified requirements, if such transfer is consistent with the international obligations of the United States. (Sec. 6004) Amends the Foreign Assistance Act of 1961 to make an exception to the prohibition against training of foreign law enforcement agencies with respect to assistance and training provided for antiterrorism purposes. (Sec. 6005) Authorizes the Attorney General to make payments from the Department of Justice Assets Forfeiture Fund to return forfeited property repatriated to the United States by a foreign government or others acting at the direction of a foreign government, and interest earned on the property under specified conditions. Title VII: Streamling the Investigation and Prosecution of International Crimes in United States Courts - Authorizes the Attorney General to obligate, as necessary expenses from any appropriate appropriation account available to the Department of Justice in FY 1998 or any fiscal year thereafter, the cost of reimbursement to State or local law enforcement agencies for translation services and related expenses, including transportation expenses, in cases involving extradition or requests for mutual legal assistance from foreign governments. (Sec. 7002) Amends the Federal judicial code to establish procedures governing the admission of foreign records in U.S. courts. (Sec. 7003) Authorizes the Attorney General to: (1) determine that, if a person located outside the United States is requested by a magistrate judge or Federal law enforcement officer to appear and provide testimony or answer questions in the United States in connection with any Federal or State criminal matter, the person shall not be subject to service of process, or be detained or subjected to any restriction of personal liberty, by reason of any acts or convictions that preceded such person's departure from the foreign jurisdiction; and (2) specify the appropriate duration and conditions of any grant of safe conduct. Specifies conditions of safe conduct granted. (Sec. 7004) Prohibits a defendant from receiving credit for any time spent in official detention in a foreign country if: (1) the defendant fled from, or remained outside of, the United States to avoid prosecution or imprisonment; (2) the United States officially requested the defendant's return to the United States for prosecution or imprisonment; and (3) the defendant is in custody in the foreign country pending surrender to the United States for prosecution or imprisonment. (Sec. 7005) Amends the Federal criminal code to provide that a period of suspension of the statute of limitations for collection of evidence located abroad shall end on the date on which the foreign court or authority, having taken final action on the request and having transmitted the decision or results to the United States, delivers the decision or results to the requesting U.S. authority. (Sec. 7006) Amends the Tariff Act to specify that the awarding of compensation to informers with respect to violations of the customs or navigation laws shall be at the sole discretion of the Secretary or the Secretary's designee.
Bill· HRH.R. 4213 (105th)open
United States · United States Congress · 14 July 1998
Savings and Investment Relief Act of 1998 - Amends the Securities Exchange Act of 1934 with respect to transaction fees for both exchange-traded and exchange-regulated securities and off-exchange trades of last-sale-reported securities. Directs the Securities and Exchange Commission (SEC) to prescribe annually a fiscal year fee limitation based upon the pro rata share of the aggregate dollar amount of securities sales, so that total fee payments will not exceed specified limits. Requires each national securities exchange and national securities association to adopt implementing rules which provide fee reductions for all market participants. Directs the SEC to report annually to the Congress on the total amount of transaction fees collected by each national securities exchange and national securities association. Authorizes future appropriations Acts to increase such fee limitations in any year in which the total fees collected are insufficient for SEC budget authority provided under such Acts.
Bill· HRH.R. 4210 (105th)referred
United States · United States Congress · 14 July 1998
New Mexico Forest Health and Fire Prevention of 1998 - Directs the District 3 Regional Forester of the State of New Mexico to commence a statewide program to restore and protect forest resources located on Federal forest lands within New Mexico through the performance of recovery projects in identified recovery areas. Requires: (1) the initial project under such program to be the thinning of Monument Canyon Research Natural Area located near Jemez Springs, New Mexico, on the Santa Fe National Forest; and (2) the research scientists located at such Area to provide the initial project standards and guidelines. Directs the Secretary of Agriculture, for each fiscal year of the New Mexico program, to allocate amounts from the Forest Health and Fire Prevention Fund (to be established under this Act) to Region 3 of the Forest Service for the purpose of conducting five-year recovery projects in identified recovery areas. Requires the District 3 Regional Forester to: (1) identify recovery areas within which allocated amounts should be used to conduct such projects; (2) prioritize such areas for the purpose of their receiving allocated amounts; and (3) select, in accordance with specified requirements, projects to be carried out within each area. Prohibits the selection or implementation of a project in specified locations, including units of the National Wilderness Preservation System. Credits to the Fund: (1) authorized and appropriated amounts; (2) unobligated amounts in, or that would otherwise be deposited in, the roads and trails fund; and (3) the Federal share of revenues generated by recovery projects undertaken pursuant to the Program. Authorizes appropriations. Directs the Comptroller General to conduct a specified audit of the program at the end of the fourth full fiscal year following the implementation date.
Bill· HRH.R. 4212 (105th)referred
United States · United States Congress · 14 July 1998
Amends the Internal Revenue Code to give priority to a top performing enterprise community applying for designation as an empowerment zone. Defines such a community.
Bill· HRH.R. 4198 (105th)referred
United States · United States Congress · 14 July 1998
Child Support Security Act - Amends the Internal Revenue Code relating to discharge of indebtedness income to provide that any taxable unpaid child support payments of a taxpayer for any taxable year shall be treated as amounts includible in the taxpayer's gross income by reason of the discharge of the taxpayer's indebtedness. Sets forth notice guidelines. Allows an eligible taxpayer with respect to whom child support payments remain unpaid during the taxable year a deduction of up to $5,000 equal to the amount of payments remaining unpaid. Limits such deductions to taxpayers with adjusted gross incomes under $50,000 and unpaid child support payments of $500 or more. Requires that net revenues received in the Treasury pursuant to this Act be applied solely to the retirement of outstanding Federal debt obligations and not be obligated or expended for any other purpose.
Resolution· HRESH.Res. 498 (105th)passed
United States · United States Congress · 14 July 1998
Sets forth the rule (open) for the consideration of H.R. 4104 (making appropriations for the Department of the Treasury, U.S. Postal Service, Executive Office of the President, and certain independent agencies).
Bill· SS. 2286 (105th)passed
United States · United States Congress · 10 July 1998
TABLE OF CONTENTS: Title I: School Lunch and Related Programs Title II: School Breakfast and Related Programs Title III: Commodity Distribution Programs Child Nutrition and WIC Reauthorization Amendments of 1998 - Title I: School Lunch and Related Programs - Amends the National School Lunch Act (NSLA) with respect to direct expenditures for agricultural commodities and other foods to repeal requirements for: (1) interim sources of funds pending supplemental appropriations; and (2) State matching funds for such interim funds and for cash donations in lieu of commodity donations. (Sec. 102) Directs the Secretary of Agriculture to waive, through FY 2003, any regulatory requirement for using weighted averages for nutrient analysis of menu items and foods offered or served as part of a reimbursable meal under the school breakfast or lunch program. (Sec. 103) Requires all schools participating in the National School Lunch Program (lunch program) under NSLA or the School Breakfast Program (breakfast program) under the Child Nutrition Act of 1966 (CNA), in which meals are prepared on site, to obtain inspections at least once during each school year that indicate food service operations meet State or local health and safety standards. (Sec. 104) Repeals a prohibition against requiring a State to match Federal funds for meals in private schools if the State educational agency is prohibited by law from disbursing State appropriated funds to private schools. Sunsets the Secretary of Agriculture's authority to disburse NSLA program funds to schools directly during the period FY 1999 through FY 2001 (or through FY 2003, if an extension is needed before a State will be able to assume responsibility). Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary during such period. (Sec. 105) Revises certain initial and extension time periods under special assistance alternative eligibility provisions. (Sec. 106) Revises requirements for calculating reimbursement rates for school meals. (Sec. 107) Authorizes the Secretary to adjust summer food service program reimbursement rates in non-contiguous States and territories where the cost of providing meals is greater than that in the contiguous States. (Sec. 108) Increases the maximum fine, from $10,000 to $25,000, upon anyone who embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or property that are the subject of a grant or other form of assistance under CNA or NSLA if such funds, assets, or property are worth $100 or more. (Sec. 109) Extends the authorization of appropriations for food and nutrition projects through FY 2003. (Sec. 110) Requires schools participating in the lunch program or breakfast program to make every effort to establish meal service periods that provide children adequate time to fully consume their meals in an environment conducive to eating. (Sec. 111) Directs the Secretary to require that schools in the contiguous United States purchase for the lunch program and breakfast program, whenever possible, only food products that are produced in the United States. (Sec. 112) Allows States, State agencies, or schools to enter into procurement contracts, using funds under NSLA or CNA, with persons that have assisted them in drafting contract specifications. (Sec. 113) Revises the eligibility criteria for private nonprofit institutions under the NSLA summer food service program to increase from five to 25 the number of sites they may operate. Repeals certain summer food service program requirements relating to: (1) a March 1 deadline for indication of interest; (2) restrictions on meal contracting; and (3) vendor registration. Extends through FY 2003 the authorization of appropriations for the NSLA summer food service program. (Sec. 114) Reauthorizes through FY 2003 the NSLA commodity distribution program, which may use Commodity Credit Corporation (CCC) and other specified funds to purchase agricultural commodities for use in programs under NSLA, CNA, and the Older Americans Act of 1965. (Sec. 115) Revises NSLA child and adult care food program requirements for licensing and alternate approval for schools and outside school hours child care. Repeals automatic eligibility, under the NSLA child care food program, for participants in the Even Start program of the Elementary and Secondary Education Act of 1965. Requires State agencies to: (1) perform a site visit to a private institution before approval for participation in the child care food program; and (2) conduct periodic site visits to private institutions determined to have a high probability of program abuse. Revises conditions for child and adult care program participation by institutions moving toward compliance with the requirement for tax-exempt status. Repeals a notification requirement for incomplete applications. Requires funding for FY 1999 through 2003 for demonstration projects for child care food program qualification of private for-profit organizations providing nonresidential day care services. Directs the Secretary to provide State agencies with increased levels of training and technical assistance for their management and oversight of the child and adult care program. Allows institutions that provide care to at-risk school children during after-school hours, weekends, or holidays during the regular school year to participate in the child care food program. Defines as at-risk any children who: (1) are age 12 through 18; and (2) live in a geographical area served by a school enrolling elementary students in which at least 50 percent of the total number of children enrolled are certified eligible to receive free or reduced price school meals under NSLA or CNA. Allows such institutions to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to at-risk school children during after-school hours, weekends, or holidays during the regular school year; and (2) one supplement per child per day. Directs the Secretary to provide State agencies with information concerning the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC program) under CNA. Requires State agencies to ensure that each participating child care center (other than institutions providing care to school children outside of school hours) receives certain WIC program informational materials and updates, and provides such information to parents of enrolled children annually. (Sec. 116) Allows emergency shelter homeless programs to participate in the child and adult care food program. Allows shelters to claim reimbursements, at the free supplement rate, only for: (1) supplements served without charge to resident children through age 12; and (2) not more than three meals or two meals and a supplement per child per day. Repeals the homeless children nutrition program. (Sec. 117) Limits reimbursements for after-school supplements to supplements provided to children in after-school programs organized primarily to provide care with an educational or enrichment component. Provides for a free supplement to at-risk children in after-school programs operated by schools in low income areas. (Sec. 118) Extends through FY 2003 the authority of the Secretary to administer pilot projects designed to provide food and nutrition services to homeless pregnant women and homeless mothers or guardians of infants, and the children of the mothers and guardians. Repeals authority for certain demonstration projects involving: (1) meals and supplements outside of school hours; (2) fortified fluid milk; (3) fruits, vegetables, legumes, cereals, and grain-based products; (4) low-fat dairy products and lean meat and poultry products; and (5) reduced paperwork and application requirements and increased participation. (Sec. 119) Directs the Secretary to: (1) make grants to State agencies for free breakfast pilot projects, in elementary schools under the jurisdiction of not more than six school food authorities in each of the school years 1999 through 2001; and (2) report to specified congressional committees on the project evaluations. (Sec. 120) Extends through FY 2003 the authorization of appropriations for training and technical assistance under the child and adult care food program. (Sec. 121) Extends authority to fund the food service management institute, including mandatory and discretionary activities. (Sec. 122) Extends through FY 2003 the authorization of appropriations for compliance and accountability activities under the child and adult care food program. (Sec. 123) Extends through FY 2003 the authorization of appropriations for the information clearinghouse for nongovernmental groups on food assistance and self-help activities for low-income individuals and communities. (Sec. 124) Repeals the requirement that the Secretary provide guidance and grant assistance to eligible entities for accommodating special dietary needs of individuals with disabilities who participate in covered programs under NSLA and CNA. Authorizes the Secretary to carry out accommodation activities, including guidance, technical assistance, training, and grants for State agencies and eligible entities. Title II: School Breakfast and Related Programs - Amends CNA to sunset the Secretary of Agriculture's authority to disburse CNA program funds to schools directly during the period FY 1999 through FY 2001 (or through FY 2003, if an extension is needed before a State will be able to assume responsibility). Requires the Secretary to provide training and technical assistance to State agencies which assume program administration from the Secretary during such period. (Sec. 202) Repeals specified requirements for reallocation of State administrative expense funds. Eliminates the ten percent limitation on the transfer of administrative expense funds under CNA and NSLA. Extends through FY 2003 the authorization of appropriations for State administrative expenses under CNA. (Sec. 203) Reauthorizes and revises WIC requirements. Establishes additional WIC program application requirements involving the certification period for infants, physical presence, income documentation, and verification. Authorizes the Secretary to provide bulk quantities of WIC program nutrition education materials to State agencies administering the Commodity Supplemental Food Program under the Agriculture and Consumer Protection Act of 1973 at no cost to that program. Adds WIC program requirements for: (1) limiting retail grocery store participation to those that offer a variety of foods; (2) State use of funds recovered from vendors and participants; (3) identifying recipients who participate at more than one site; and (4) identifying and investigating high risk vendors. Allows State agencies, beginning in FY 2000, to use specified WIC funds for the purchase of breast pumps. Extends through FY 2003: (1) the authorization of appropriations for the WIC program and for the WIC farmers market nutrition program; and (2) requirements to use certain WIC funds for allocations to State agencies for costs of nutrition services and administration, and for program infrastructure and information, projects of regional or national significance, and breastfeeding promotion and support activities. Revises WIC program requirements relating to: (1) infant formula procurement; (2) level of per-participant expenditure for nutrition services and administration; (3) conversion of amounts for supplemental foods to amounts for nutrition services; (4) use of funds in preceding and subsequent years; (5) farmers market nutrition program State plans; and (6) disqualification of certain vendors convicted of trafficking or illegal sales. Directs the Secretary to establish (and report to specified congressional committees on) a long-range plan for developing and implementing management information systems for the WIC program. Authorizes courts to order, in addition to other penalties or sentences, criminal forfeitures of property for embezzlement, willful misapplication, stealing, obtaining by fraud, or trafficking in food instruments, funds, assets, or property that are worth $100 or more under the WIC program. Directs the Comptroller General to study and report to the Secretary and specified congressional committees on WIC program: (1) cost containment practices; and (2) services and costs. (Sec. 204) Authorizes appropriations in necessary amounts (currently gives a specified amount for each fiscal year) for FY 1997 through 2003 for the nutrition education and training program under CNA. Title III: Commodity Distribution Programs - Amends the Commodity Distribution Reform Act and WIC Amendments of 1987 to revise requirements relating to applicability and customer acceptability information. (Sec. 302) Prescribes food distribution requirements relating to the Secretary of Agriculture's authority to: (1) transfer commodities between programs; (2) resolve claims; (3) use specified funds to make payment of costs associated with management of commodities which pose a health or safety hazard; and (4) accept commodities donated by Federal sources. Title IV: Effective Date - Sets forth the effective date for this Act.
Bill· SS. 2283 (105th)open
United States · United States Congress · 9 July 1998
TABLE OF CONTENTS: Title I: Assistance for Sub-Saharan Africa Title II: Worldwide Food Assistance and Agricultural Programs Subtitle A: Nonemergency Food Assistance Programs Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 Title III: Miscellaneous Provisions Africa: Seeds of Hope Act of 1998 - Declares it to be U.S. policy, consistent with title XII of part I of the Foreign Assistance Act, to support governments of sub-Saharan African countries, U.S. and African nongovernmental organizations, universities, businesses, and international agencies to help ensure the availability of basic nutrition and economic opportunities for sub-Saharan individuals, through sustainable agricultural and rural development. Title I: Assistance for Sub-Saharan Africa - Directs the Administrator of the U.S. Agency for International Development (AID), in providing development assistance under the Africa Food Security Initiative, or any comparable or successor program, to: (1) emphasize programs and projects that improve the food security of children, women, and food-insecure households, or that improve the agricultural productivity, incomes, and marketing of the rural poor in Africa; (2) solicit and take into consideration the views and needs of intended beneficiaries and program participants during the selection, planning, implementation, and evaluation phases of projects; and (3) ensure that programs are designed and conducted in cooperation with African and U.S. organizations and institutions (such as private and voluntary organizations, cooperatives, land-grant and other appropriate universities, and local producer-owned cooperative marketing and buying associations) that have expertise in addressing the needs of the poor, small-scale farmers, entrepreneurs, and rural workers, including women. (Sec. 101) Expresses the sense of the Congress that, if there is an increase in funding for sub-Saharan programs, the Administrator of AID should proportionately increase resources to the Africa Food Security Initiative, or any comparable or successor program, for FY 2000 and subsequent fiscal years in order to meet the needs of the countries participating in such Initiative. (Sec. 102) Directs the Administrator of AID to use, through bilateral and multilateral assistance, microenterprise assistance (including credit) to improve the capacity and efficiency of agricultural production in sub-Saharan Africa of small-scale farmers and small rural entrepreneurs (specifically taking into consideration the needs of women, and using the applied research and technical assistance capabilities of U.S. land-grant universities). (Sec. 103) Authorizes the Administrator of AID to utilize foreign assistance programs and initiatives for sub-Saharan Africa to support private producer-owned cooperative marketing associations there, including rural business associations owned by farmer shareholders. (Sec. 104) Expresses the sense of the Congress that the Overseas Private Investment Corporation (OPIC) should issue loans, guaranties, and insurance, and utilize existing equity funds and loan and insurance funds, to support private agricultural and rural development in sub-Saharan Africa (particularly intermediary organizations that directly serve the needs of small-scale farmers, small rural entrepreneurs, and rural producer-owned cooperative purchasing and marketing associations). (Sec. 105) Directs the Administrator of AID to develop a comprehensive plan to coordinate and build on the research and extension activities of U.S. land-grant universities, international agricultural research centers, and national agricultural research and extension centers in sub-Saharan Africa. Title II: Worldwide Food Assistance and Agricultural Programs - Subtitle A: Non-Emergency Food Assistance Programs - Sets forth general requirements for the administration of non-emergency assistance programs under title II of the Agricultural Trade Development and Assistance Act of 1954. Subtitle B: Bill Emerson Humanitarian Trust Act of 1998 - Bill Emerson Humanitarian Trust Act of 1998 - Amends the Food Security Commodity Reserve Act of 1996 and the Food Security Wheat Reserve Act of 1980 to rename specified provisions of the Food for Development Program as the Bill Emerson Humanitarian Trust Act. (Sec. 212) Includes, as part of the established trust stock of wheat, rice, corn, or sorghum used to meet emergency humanitarian food needs in developing countries, certain funds for Commodity Credit Corporation programs under the Agricultural Trade Development and Assistance Act of 1954 that are available to acquire such eligible commodities through purchases from producers or in the market to replenish the trust. Authorizes the release of eligible commodities from the trust for emergency food assistance to developing countries, provided such release is at levels consistent with maintaining the long-term value of the trust. Makes permanent the authority for the trust. Title III: Miscellaneous Provisions - Directs the Administrator of AID to report to the Congress on AID's plans for implementing the Africa Food Security Initiative and an estimate of all amounts expended or to be expended on related activities during the current and previous four years.
Bill· SS. 2279 (105th)passed
United States · United States Congress · 9 July 1998
TABLE OF CONTENTS: Title I: Authorizations Title II: Airport Improvement Program Amendments Title III: Amendments to Aviation Law Title IV: Title 49 Technical Corrections Title V: Miscellaneous Title VI: Aviation Competition Promotion Title VII: Park Overflights Title VIII: Aviation Trust Fund Amendments National Air Transportation System Improvement Act of 1998 - Title I: Authorizations - Amends the Federal Aviation Act of 1958 to authorize appropriations for FY 1999 through 2002 for Federal Aviation Administration (FAA) operations. Earmarks amounts for: (1) wildlife hazard mitigation measures and management of the wildlife strike database of the FAA; and (2) the establishment of a university consortium to provide an air safety and security management certificate program in cooperation with the FAA and U.S. air carriers. (Sec. 102) Amends Federal aviation law to authorize appropriations for FY 1999 through 2002 for: (1) the FAA Facilities and Equipment Program; and (2) continuation through FY 1999 of the instrument landing system inventory program. Directs the Administrator of the FAA to establish life-cycle cost estimates for any air traffic control modernization project in which such costs equal or exceed $50 million. (Sec. 103) Decreases the FY 1998 authorization of appropriations for airport planning and development and noise compatibility planning programs. Reauthorizes such programs through FY 2002. Title II: Airport Improvement Program Amendments - Removes the maximum cap on airport improvement funds credited to the discretionary fund. (Sec. 202) Authorizes the Secretary of Transportation to carry out a demonstration program of up to 20 projects for grants to implement innovative financing techniques for airport development projects. (Sec. 203) Limits to no more than 90 percent the Federal share of costs for certain airport projects. (Sec. 204) Increases the apportionment for airport improvement grant funds for airport noise compatibility programs. (Sec. 205) Authorizes the use of airport improvement funds apportioned to Alaska, Hawaii, or Puerto Rico for any of their public airports. Authorizes the use of the supplemental apportionment of airport improvement funds for Alaska for any of its public airports. Repeals a certain limitation on the apportionment of airport improvement funds for commercial airports in Alaska. Revises the amount of certain funds apportioned to the discretionary and small airport funds. Authorizes the Secretary to distribute a certain percentage of funds from the small airport fund for grants for projects at small hub airports. Declares that an airport development project shall remain eligible for funding from the discretionary fund (subject to the availability of funds) even though the status of the airport project changes from a primary airport to a non-primary airport. Revises, for purposes of grant eligibility for airport development funds, the definition of "public-use airport" to include a privately- owned airport that, as a reliever airport, received Federal aid for airport development before October 9, 1996, but only if the Administrator of the FAA issues revised administrative guidance after July 1, 1998, for the designation of reliever airports. Repeals the eligibility of reliever airports for the issuance of a letter of intent to obligate airport development funds. Permits certain regulations promulgated by the Secretary to authorize a public agency to request waiver of a passenger facility for: (1) any class of domestic or foreign air carriers that enplane not more than specified percent of the total number of passengers enplaned annually at a airport; or (2) passengers enplaned on a flight to an airport with scheduled passenger service but fewer than 2,500 passenger boardings each year, or in a community with a population of less than 10,000 and not connected by land to the National Highway System. Grants priority (except for requests from another Federal agency or instrumentality) to a request by a public agency for surplus property for use at a public airport. Declares that the Secretary may permit the use of State highway specifications for airfield pavement construction using airport development funds at non-primary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds, if the Secretary determines that: (1) safety will not be negatively affected; and (2) the life of the pavement will not be shorter than it would be if constructed using FAA standards. Prohibits an airport from seeking airport development funds for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of ten years after construction is completed. (Sec. 207) Directs the Secretary to report to specified congressional committees on FAA efforts to implement capacity improvements, such as precision runway monitoring systems and the time frame for implementation of such improvements. (Sec. 208) Directs the Administrator of the FAA to discourage airport sponsors and airports from using discretionary funds for lower priority projects by giving lower priority to discretionary projects they have submitted which have used entitlement funds for projects with a lower priority than the projects for which discretionary funds are being requested. (Sec. 209) Prohibits the Secretary from waiving certain required assurances with respect to the grant of airport development funds, unless the Secretary provides notice to the public not less than 30 days before issuing such waiver. (Sec. 210) Amends Federal aviation safety law to revise the term "public aircraft" to include non-government-owned aircraft transporting passengers if the aircraft is operated for prisoner transport. (Sec. 211) Authorizes the Secretary, in order to enable additional air service by an air carrier with less than 50 percent of the scheduled passenger traffic at an airport, to consider the shell of a terminal building (including heating, ventilation, and air conditioning) to be an eligible airport-related project. Title III: Amendments to Aviation Law - Amends Federal aviation law to authorize the Administrator of the FAA to contract for procurement of severable services for a period that begins in one fiscal year and ends in the next fiscal year if (without regard to any option to extend it) the contract period does not exceed one year. Declares that funds available for a fiscal year may be obligated for the total amount of the contract. (Sec. 302) Amends the Airport Noise and Capacity Act to make foreign air carriers eligible for a waiver from stage three noise level requirements for certain aircraft. (Sec. 303) Authorizes the Administrator of the FAA to establish consortia of government and aviation industry representatives at airports to provide advice on matters related to aviation security and safety. (Sec. 304) Authorizes the Administrator of the FAA to enter into bilateral agreements with the aeronautical authorities of another country to exchange with that country all or part of their respective functions and duties with respect to certain domestic and foreign aircraft. (Sec. 305) Exempts from overflight fees for air traffic control and related services any overflights operated by citizens of a country contiguous to the United States if: (1) both the origin and destination of such flights are within that other country; (2) that country exempts similar categories of flights operated by U.S. citizens from such fees; and (3) that country exchanges responsibility for air traffic control services with the United States. (Sec. 306) Amends the Pilot Records Improvement Act to require an employment investigation (including a criminal history check) in the case of passenger, baggage, or property screening at airports if the Administrator of the FAA decides it is necessary to ensure air transportation security. Permits an air carrier that has not obtained information about a pilot from a foreign government or entity that has employed the pilot to allow such pilot to begin service as a pilot of certain small aircraft if the carrier has made a documented good faith attempt to obtain it. (Sec. 307) Authorizes a person to bring a civil action in the U.S. Court of Federal Claims (as well as in a U.S. district court) against the United States when: (1) the person is subrogated to the rights against the U.S. Government of a party insured under the aviation insurance program under a contract between the person and such insured party; and (2) the person has paid to the insured party an amount for a covered physical damage loss. Extends Federal aviation insurance and reinsurance programs through FY 2003. Title IV: Title 49 Technical Corrections - Sets forth certain technical corrections to specified sections of Title 49 of the United States Code. Title V: Miscellaneous - Directs the Administrator of the FAA to report to specified congressional committees every three months on electronic data processing problems associated with the year 2000 within the FAA. (Sec. 502) Directs the Administrator of the FAA to require by regulation that collision avoidance equipment (TCAS II) be installed on each cargo aircraft with a payload capacity of 15,000 kilograms or more. (Sec. 503) Directs the Administrator of the FAA to initiate rulemaking to amend the regulations in part 139 of title 14, Code of Federal Regulations (CFR) to: (1) improve runway safety areas; and (2) require the installation of precision approach path indicators. (Sec. 504) Makes applicable to other specified types of aircraft (currently exempted from them) certain requirements that commercial aircraft be outfitted with an emergency locator transmitter. (Continues to exempt from such requirements aircraft used in flight operations related to design and testing, the manufacture, preparation, and delivery of aircraft, or the aerial application of a substance on agricultural crops.) (Sec. 505) Prohibits the Administrator from issuing an airman certificate or an airframe and powerplant certificate to any person convicted of a violation of any Federal or State law relating to the installation, production, repair, or sale of a counterfeit or falsely represented aviation part or material. Directs the Administrator of the FAA to revoke such certificates issued to convicted persons. Prohibits the employment of an individual to perform a function related to the procurement, sale, production, or repair of a part or material, or the installation of a part into a civil aircraft, who has been convicted of such violations. (Sec. 506) Subjects any individual who interferes with the duties or responsibilities of the flight crew or cabin crew of a civil aircraft, or who poses an imminent threat to the safety of the aircraft or other individuals on the aircraft, to a civil penalty of not more than $10,000. (Sec. 507) Directs the Secretary to work with appropriate international organizations and aviation authorities of other nations to bring about their establishment of higher standards for accommodating handicapped passengers in air transportation, particularly with respect to foreign air carriers that code-share with domestic air carriers. (Sec. 508) Authorizes the Secretary to request the head of the department, agency, or instrumentality to convey land or airspace owned or controlled by it to a public agency for use that will complement, facilitate, or augment airport development, including the development of additional revenue from both aviation and nonaviation sources if the Secretary determines, among other things, that such property is no longer needed for aeronautical purposes, and that it will be used to generate revenue for the public airport. (Sec. 509) Directs the Administrator of the FAA to issue a notice of proposed rulemaking to develop procedures to protect air carriers and their employees from civil enforcement action under the Flight Operations Quality Assurance program. (Sec. 510) Directs the Administrator of the FAA to identify or develop a plan to implement the wide area augmentation system (WAAS) to provide navigation and landing approach capabilities for civilian use and make a determination as to whether a backup system is necessary. Authorizes appropriations. (Sec. 511) Directs the Administrator of the FAA to reissue, and provide for public comment on, the notice to operators published in the Federal Register on January 2, 1998, which advised Alaska guide pilots of the applicability of part 135 of title 14, CFR, to guide pilot operations. (Sec. 513) Directs the Administrator of the FAA to establish an advanced qualification program oversight committee to give advice on the development and execution of Advanced Qualification Programs (alternative method for qualifying, training, certifying, and ensuring the competency of flight crews and other commercial aviation operations personnel (human factors training program)) for air carriers, and to encourage their adoption and implementation. (Sec. 514) Directs the Inspector General of the Department of Transportation (DOT) to initiate an independent assessment that ensures that the method for capturing and distributing overall FAA costs is appropriate and reasonable. Authorizes appropriations. (Sec. 515) Provides for the enforcement of whistleblower laws for FAA employees. (Sec. 516) Directs the Administrator of the FAA to report to the Congress on a plan to modernize the oceanic air traffic control system (including a budget for such program). (Sec. 517) Directs the Administrator of the FAA to report biannually to the Congress on the air transportation oversight system program announced by the FAA on May 13, 1998, in detail on the training of inspectors, the number of them using the system, air carriers subject to the system, and the budget for the system. Title VI: Aviation Competition Promotion - Directs the Secretary to establish a pilot aviation development program to provide $20 million over five years to up to 40 small communities or consortia of communities and States with inadequate access to the national transportation system to improve their access to such system. (Sec. 603) Directs the Administrator of the FAA, in order to facilitate the use of, and improve the safety at, small airports, to establish a pilot program (community-carrier air service program) to contract for Level I air traffic control services at 20 facilities not eligible for participation in the Federal Contract Tower Program. Waives the State or local contribution requirement with respect to such program. (Sec. 604) Authorizes the Secretary to obligate up to a specific amount of funds for FY 1999 through 2003 for the community-carrier air service program. (Sec. 605) Directs the Secretary to review the marketing practices of air carriers that may inhibit the availability of quality, affordable air transportation services to small and medium-sized communities. Requires the Secretary, if such practices are found to inhibit the availability of such service, to promulgate regulations to address the problem. (Sec. 606) Requires the Secretary, after receiving an application for an exemption to provide nonstop regional jet air service between a nonhub airport or a small hub airport and a high density airport, to grant or deny the exemption in accordance with established principles of safety and the promotion of competition. Authorizes the Secretary to permit: (1) an air carrier to upgrade its service under the exemption to a larger jet aircraft; and (2) an air carrier to change the nonhub airport or small hub airport for which the exemption was granted to provide the same service to a different nonhub or small hub airport if certain conditions are met. Provides for the termination of an exemption if the air carrier uses the slot for any purpose other than the purpose for which it was granted. Prohibits the Secretary from withdrawing a slot from a U.S. air carrier in order to provide a slot to a foreign air carrier unless the Secretary finds that: (1) the withdrawal of that slot from the U.S. air carrier will not adversely affect air service to nonhub airports; and (2) U.S. air carriers seeking slots at an airport in the home country of the foreign air carrier receive reciprocal treatment by the government of that country. (Sec. 607) Directs the Secretary to grant exemptions from the prohibition against the operation of aircraft nonstop between Ronald Reagan Washington National Airport and another airport more than 1,250 miles away (perimeter rule) to any air carrier that operates limited frequencies and aircraft on select routes between National Airport and other airports if the Secretary finds that such exemption will: (1) provide air transportation service with domestic network benefits in areas beyond the perimeter; and (2) increase competition in multiple markets. Sets forth specified requirements with respect to such exemptions. (Sec. 608) Authorizes the Secretary to grant 100 additional slots over a three-year period to air carriers to operate limited frequencies and aircraft on select routes between O'Hare Airport, Chicago, Illinois, and other airports if certain conditions are met. (Sec. 609) Declares that it shall be an unfair or deceptive practice for any carrier utilizing electronically transmitted tickets to fail to notify the purchaser of a ticket's expiration date, if any. Title VII: Park Overflights - Prohibits a commercial air tour operator from conducting commercial air tour operations over a national park or tribal lands, except in accordance with this Act, conditions prescribed for that operator by the Administrator of the FAA, and with any applicable commercial air tour management plan for the park or tribal lands. (Sec. 702) Sets forth specified requirements with respect to: (1) the granting of authority to commercial air tour operators to conduct air tour operations over national parks or tribal lands, with specified exceptions; and (2) establishment of commercial air tour management plans. (Sec. 703) Directs the Administrator of the FAA and the Director of the National Park Service (Director) to establish, jointly, an advisory group to provide continuing advice and counsel with respect to the operation of commercial air tours over and near national parks. Directs the Administrator of the FAA and the Director to report jointly to the Congress on the effectiveness of this Act in providing incentives for the development and use of quiet aircraft technology. (Sec. 704) Exempts from the requirements of this Act: (1) the Grand Canyon National Park, or any Indian country within or abutting such park; or (2) any unit of the National Park System, or Indian country, located in Alaska. (Sec. 705) Directs the Administrator of the FAA to report to the Congress on the effects proposed overflight fees are likely to have on the commercial air tour industry. Title VIII: Aviation Trust Fund Amendments - Amends the Internal Revenue Code to extend the expenditure authority of the Airport and Airway Trust Fund through October 1, 2002.
Bill· SS. 2274 (105th)referred
United States · United States Congress · 8 July 1998
Directs the Secretary of the Treasury to pay a specified sum to a named individual for compensation for losses incurred by such individual relating to and a direct consequence of: (1) personnel actions taken by the Department of Defense affecting such individual's employment at the Department during a specified period; and (2) such individual's separation from service with such Department. Exempts the payment from Federal, State, or local income taxes.
Law· HRH.R. 4194 (105th)enacted
United States · United States Congress · 8 July 1998
TABLE OF CONTENTS: Title I: Department of Veterans Affairs Title II: Department of Housing and Urban Development Title III: Independent Agencies Title IV: General Provisions Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1999 - Makes appropriations for FY 1999 for the Departments of Veterans Affairs and Housing and Urban Development and for sundry independent agencies. Title I: Department of Veterans Affairs - Makes appropriations for the Department of Veterans Affairs for: (1) veterans' compensation, pensions, and readjustment benefits; (2) veterans' insurance and indemnities; (3) veterans' housing, education, and vocational rehabilitation loan accounts; (4) veterans' medical care; (5) medical and prosthetic research; (6) medical administration; (7) the General post fund, national homes; (8) departmental administration; (9) the National Cemetery System; (10) the Office of Inspector General; (11) construction; (12) the parking revolving fund; and (13) grants to States for construction of extended care facilities and cemeteries. Sets forth authorized uses of, and limitations on, funds made available under this title. (Sec. 109) Designates the Department of Veterans Affairs medical center in Salisbury, North Carolina, as the W.G. (Bill) Hefner Salisbury Department of Veterans Affairs Medical Center. Title II: Department of Housing and Urban Development - Makes appropriations for the Department of Housing and Urban Development (HUD) for: (1) public and Indian housing; (2) the Public Housing Capital and Operating Funds; (3) drug elimination grants for low-income housing; (4) revitalization of severely distressed public housing; (5) Native American housing block grants; (6) Indian housing loan guarantees; (7) housing opportunities for persons with AIDS; (8) community development block grants; (9) the HOME investment partnerships program; (10) homeless assistance grants; (11) housing for special populations; (12) the Federal Housing Administration; (13) the Government National Mortgage Association; (14) housing policy development and research; (15) fair housing activities; (16) the Lead Hazard Reduction Program; (17) management and administration; (18) the Office of Inspector General; and (19) carrying out the Federal Housing Enterprise Financial Safety and Soundness Act of 1992. Sets forth authorized uses of, and limitations on, funds made available under this title. (Sec. 201) Amends the Balanced Budget Downpayment Act, I to extend provisions regarding: (1) public and assisted housing minimum rents and preferences; and (2) delays in the reissuance of section 8 vouchers and certificates. Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1996 to extend a provision regarding authorized uses of assistance, including the improvement or replacement of housing, by public housing agencies. (Sec. 203) Requires the Secretary of HUD to make a grant for any State that: (1) received an allocation in a prior fiscal year under the AIDS Housing Opportunity Act; and (2) is not otherwise eligible for such allocation for FY 1999 because the areas in the State outside of the metropolitan statistical areas that qualify do not have the required number of AIDS cases. (Sec. 205) Amends the United States Housing Act of 1937 to set a maximum monthly rent for a single person (other than an elderly or disabled person living with persons determined to be essential to the person's care or well-being) receiving low-income tenant based rental assistance in a certificate or voucher program. Sets the monthly assistance payment for families being admitted to the voucher program who remain in the same unit or complex where rent does not exceed the payment standard at the amount by which rent exceeds the greater of 30 percent of the family's monthly adjusted income or ten percent of the family's monthly income. (Sec. 207) Authorizes the Secretary of HUD to revise the performance funding system used for making annual payments for operation of low-income housing to take into account equity among public housing agencies and include incentives for sound management. (Sec. 209) Amends the Housing and Community Development Act of 1974 to extend a certain cap on the amount of assistance used for public services by the city and county of Los Angeles, California. Title III: Independent Agencies - Makes appropriations for: (1) the American Battle Monuments Commission; (2) the Chemical Safety and Hazard Investigation Board; (3) the Department of the Treasury for community development financial institutions; (4) the Consumer Product Safety Commission; (5) the Corporation for National and Community Service; (6) the Court of Veterans Appeals; and (7) the Department of Defense for Army cemeterial expenses. Appropriates funds for the Environmental Protection Agency (EPA) for: (1) science and technology activities; (2) environmental programs and management; (3) the Office of Inspector General; (4) buildings and facilities; (5) Superfund; (6) the leaking underground storage tank program; (7) oil spill response programs; and (8) assistance to States and Indian tribes for environmental programs and infrastructure. Appropriates funds for: (1) the Executive Office of the President for the Office of Science and Technology Policy, the Council on Environmental Quality, and the Office of Environmental Quality; and (2) the Federal Deposit Insurance Corporation Office of Inspector General. Makes appropriations for the Federal Emergency Management Agency for: (1) disaster relief; (2) disaster assistance direct loans; (3) salaries and expenses; (4) the Office of Inspector General; (5) emergency management planning and assistance; (6) a specified emergency food and shelter program; and (7) the National Flood Insurance Fund. Establishes a Radiological Emergency Preparedness Fund in the Treasury and makes appropriations for the Fund. Makes appropriations for: (1) the General Services Administration for the Consumer Information Center; (2) the National Aeronautics and Space Administration (NASA) for human space flight, science, aeronautics, and technology research and development, mission support, and the Office of Inspector General; (3) the National Credit Union Administration's Central Liquidity Facility; (4) the National Science Foundation (NSF) for research, major construction projects, science and engineering education and human resources programs, salaries and expenses, and the Office of Inspector General; (5) the Neighborhood Reinvestment Corporation; and (6) the Selective Service System. Requires NASA to develop a revised appropriation structure for submission in the FY 2000 budget request consisting of two basic appropriations (human space flight and science, aeronautics, and technology) with a separate appropriation for the Office of Inspector General. Sets forth authorized uses of, and limitations on, funds made available under this title. Title IV: General Provisions - Sets forth provisions regarding availability, and prohibitions on the use, of funds appropriated by this Act. Expresses the sense of the Congress that equipment and products purchased with funds made available in this Act should be American-made. (Sec. 423) Requires the Consumer Product Safety Commission to issue a final rule amending its Flammable Fabrics Act standards to revoke the amendments to the standards for the flammability of children's sleepwear sizes, up to size 14. Appropriates additional funds for the Department of Veterans Affairs for medical and prosthetic research and for NSF research and related activities.
Bill· HRH.R. 4193 (105th)open
United States · United States Congress · 8 July 1998
TABLE OF CONTENTS: Title I: Department of the Interior Title II: Related Agencies Title III: General Provisions Department of the Interior and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of the Interior and related agencies for FY 1999. Title I: Department of the Interior - Makes appropriations for the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; and (10) miscellaneous trust funds. Amends Federal law to extend provisions regarding claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites and location fees to be paid by locators. Appropriates funds for the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) expenses related to carrying out the Endangered Species Act of 1973; (5) the National Wildlife Refuge Fund; (6) expenses related to carrying out the North American Wetlands Conservation Act; (7) the Wildlife Conservation and Appreciation Fund; and (8) expenses related to carrying out the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, and the Rhinoceros and Tiger Conservation Act of 1994. Makes appropriations for the National Park Service (NPS) for: (1) the National Park System; (2) national recreation and preservation activities; (3) expenses related to carrying out the Historic Preservation Act of 1966; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund. Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 1999. Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) departmental management and the Offices of the Solicitor and the Inspector General; (7) trust programs for Indians; and (8) natural resource damage assessment. Sets forth authorized and prohibited uses of specified funds. (Sec. 107) Prohibits the use of funds provided in this title for specified offshore leasing and related activities. (Sec 112) Incorporates provisions similar to those contained in the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning employees of BLM's Helium Operations. (Sec. 116) Sets forth provisions regarding voluntary separation incentives, severance pay, and continued health benefits for employees of the NPS Denver Service Center. (Sec. 118) Designates the River Valley Trail from the town of Delaware Gap to the edge of the town of Milford, Pennsylvania, located within the Delaware Water Gap National Recreation Area as the Joseph M. McDade Recreational Trail. Title II: Related Agencies - Makes appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; (5) construction and reconstruction; (6) land acquisition; (7) range rehabilitation and improvement; and (8) forest and rangeland research. Makes appropriations for the Department of Energy for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) energy conservation; (4) economic regulation activities of the Office of Hearings and Appeals; (5) the Strategic Petroleum Reserve; and (6) the Energy Information Administration. Makes appropriations for the Department of Health and Human Services for the Indian Health Service and Indian health facilities. Makes appropriations for: (1) the Office of Navajo and Hopi Indian Relocation; (2) the Smithsonian Institution, including amounts for repair and restoration of buildings owned or occupied by the Smithsonian; (3) construction and improvements at the National Zoological Park; (4) construction; (5) the National Gallery of Art, including an amount for repair and restoration of facilities owned or occupied by the National Gallery; (6) operations, maintenance, and construction expenses of the John F. Kennedy Center for the Performing Arts; (7) carrying out the Woodrow Wilson Memorial Act of 1968; (8) the National Endowment for the Arts (NEA); (9) the National Endowment for the Humanities; (10) the Institute of Museum and Library Services; (11) the Commission of Fine Arts; (12) the Advisory Council on Historic Preservation; (13) the National Capital Planning Commission; (14) the Holocaust Memorial Council; and (15) the Presidio trust. Sets forth provisions regarding uses of, and limitations on, funds under this title. Title III: General Provisions - Sets forth limitations on the use of funds under this Act, including Buy American requirements. Incorporates provisions similar to those contained in the Department of Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) the sale of timber from giant sequoias; (2) the underground lunchroom at Carlsbad Caverns National Park; (3) funding for the Americorps program; (4) the bridge between Jersey City, New Jersey, and Ellis Island; (5) patents for mining or mill site claims; (6) land acquisition for the Wayne National Forest; (7) competition for watershed restoration project contracts in the Pacific Northwest; (8) the Sleeping Bear Dunes National Lakeshore; (9) designation of Biosphere Reserves; (10) nudity in Canaveral National Seashore in Brevard County, Florida; (11) restrictions on NEA grants; and (12) watershed restoration and enhancement agreements. (Sec. 326) Names the Auditors West Building (Annex 3) located at Raoul Wallenberg Place and Independence Avenue in Washington, D.C., the Sidney R. Yates Building. (Sec. 327) Directs the Secretary of Agriculture to grant Chugach Alaska Corporation an easement for the construction, use, and maintenance of public roads and facilities necessary for access to, and economic development of, land interests in the Carbon Mountain and Katalla vicinity conveyed to the Corporation under the Alaska Native Claims Settlement Act. (Sec. 328) Amends Federal law to extend the authority of the Secretaries of the Interior and Agriculture (acting through the BLM and the Forest Service, respectively) to collect fees to be used for operation and maintenance of recreation areas and habitat enhancement through FY 2001. (Sec. 330) Prohibits, in the financing of any forest development road, amortization of road costs in any contract with, or the provision of credit for road construction to, any purchaser of national forest timber or products. Sets forth related provisions regarding the construction of roads by timber purchasers. (Sec. 331) Amends the National Foundation on the Arts and Humanities Act of 1965 to increase the number of Senators appointed by the Senate Majority Leader to serve on the National Council on the Arts from one to two. (Sec. 332) Makes this section effective only if the Energy and Water Development Appropriations Act, 1999 does not appropriate at least $6 million in new funds for the management by the Tennessee Valley Authority (TVA) of the Land Between the Lakes National Recreation Area in Kentucky and Tennessee. Requires the TVA to transfer, without reimbursement, the Land Between the Lakes Recreation Area to the administrative jurisdiction of the Secretary of Agriculture. Establishes the Area as a unit of the National Forest System upon such transfer. Directs the Secretary to manage the Area for multiple use. Requires the Secretary to conduct an inventory of and ensure access to all Area cemeteries for burial, visitation, and maintenance. Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites, or for activities, in the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for management expenses. Makes Federal lands within the Area subject to provisions for payments in lieu of taxes and requires the TVA to continue to be responsible for payments. Calls for the transfer to be completed in an efficient and cost-effective manner to minimize disruption of the personal lives of TVA and Forest Service employees affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Sets forth additional employee transition provisions. Requires the Secretary to establish a citizen advisory board to advise the Secretary on environmental education in the Area and means of promoting public participation for the Area's land and resource management plan. (Sec. 333) Sets forth reporting and other requirements with respect to the obligation of funds for the operation or implementation of the Interior Columbia Basin Ecosystem Management Project. (Sec. 335) Amends the Arts and Artifacts Indemnity Act to increase certain coverage limits for loss or damage of items covered by indemnity agreements under such Act. Adds new coverage provisions for loss or damage exceeding $3 million. (Sec. 336) Validates all conveyances of specified real property made by the Southern Pacific Transportation Company or its successors to the Redevelopment Agency of the City of Tulare, California, to the extent that such conveyances would be legal or valid if all U.S. rights and interest (except minerals) were held by such Company. Disclaims any and all U.S. right of surface entry to the mineral estate of such lands.
Bill· SS. 2268 (105th)open
United States · United States Congress · 7 July 1998
Amends the Internal Revenue Code to permanently extend the credit for increasing research activities. Permits the election of an alternative incremental credit. Modifies the credit with respect to basic research. Allows the credit for expenses attributable to a qualified research consortium (as defined).
Bill· SS. 2267 (105th)referred
United States · United States Congress · 7 July 1998
Amends the Internal Revenue Code with respect to limitations on benefits and contributions under qualified plans to apply to multiemployer plans the same treatment in the adjustment to the $90,000 limit on benefits, where the benefit begins before the social security retirement age, as is accorded to plans maintained by governments and tax-exempt organizations. Exempts multiemployer plans from the alternative benefit limit of 100 percent of the participant's average compensation for his or her high three years. Prohibits a multiemployer plan from being combined or aggregated with any other plan for the purpose of applying limitations.
Bill· SS. 2260 (105th)open
United States · United States Congress · 2 July 1998
TABLE OF CONTENTS: Title I: Department of Justice Title II: Department of Commerce and Related Agencies Title III: The Judiciary Title IV: Department of State and Related Agencies Title V: Related Agencies Title VI: General Provisions Title VII: Rescissions Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999 - Makes appropriations for FY 1999 for the Departments of Commerce, Justice, and State, the judiciary, and related agencies. Title I: Department of Justice - Department of Justice Appropriations Act, 1999 - Makes appropriations for the Department of Justice for: (1) general administration; (2) a joint automated booking system; (3) counterterrorism activities; (4) administration of pardon and clemency petitions and immigration-related activities; (5) the Office of Inspector General; (6) the U.S. Parole Commission; (7) legal activities; (8) antitrust activities; (9) the Offices of U.S. Attorneys; (10) the U.S. Trustee Program; (11) the Foreign Claims Settlement Commission; (12) the U.S. Marshals Service, including an amount for expenses related to prisoners in the custody of the Marshals Service; (13) fees and expenses of witnesses; (14) the Community Relations Service; (15) certain uses of the Assets Forfeiture Fund; (16) administrative expenses related to the Radiation Exposure Compensation Act; (17) interagency law enforcement with respect to organized crime drug trafficking; (18) the Federal Bureau of Investigation (FBI); (19) construction for specified agencies; (20) the Drug Enforcement Administration; (21) the Immigration and Naturalization Service; (22) the Federal prison system, including amounts for buildings and facilities; (23) the Office of Justice programs; (24) State and local law enforcement assistance, including amounts for violent crime reduction programs; (25) the Executive Office for Weed and Seed; (26) community-oriented policing services for violent crime reduction; (27) juvenile justice programs; and (28) public safety officers' benefits. Sets forth authorized uses of, and limitations on, such funds. Establishes a Justice Prisoner and Alien Transportation System Fund for the payment of expenses related to the scheduling and transportation of U.S. prisoners and illegal and criminal aliens in the custody of the U.S. Marshals Service. Makes appropriations for initial capitalization of the Fund. (Sec. 102) Prohibits the use of funds appropriated by this title to: (1) pay for abortions except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion. (Sec. 110) Amends the Immigration and Nationality Act to remove the authority for beneficiaries of certain petitions for classification or applications for labor certifications to apply to the Attorney General for adjustment of status to that of an alien lawfully admitted for permanent residence. Repeals provisions which allow certain employment-based immigrants to adjust to permanent residence status. Establishes the Immigration Detention and Naturalization Activity Account in the Treasury. Provides for: (1) the deposit of certain application fees into the Account; and (2) refunds to any appropriation for expenses incurred by the Attorney General for the detention of aliens, construction relating to such detention, and activities relating to naturalization. (Sec. 112) Prohibits any immigration inspection fee from being charged in connection with the arrival of any passenger, other than aircraft passengers, whose journey originated in a U.S. State. (Sec. 115) Amends the Violent Crime Control and Law Enforcement Act of 1994 to require the Attorney General to provide investigative assistance to tribal law enforcement agencies. (Sec. 116) Repeals provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that provide for an automated entry and exit control system. Revises provisions requiring aliens to present border identification cards that match appropriate biometric characteristics in order to cross the border to phase in such requirement over a number of years, requiring all cards in circulation as of April 1, 1998, to match by October 1, 2003. (Current law applies such requirement to all cards presented three years after such Act's enactment date.) (Sec. 117) Directs the President, with the FY 2000 budget request, to present the specific dollar amounts budgeted, by appropriation account and line item, for counterterrorism and antiterrorism programs. Requires a narrative outline of the content of, and detail of the amounts budgeted for, each program for FY 1998 through 2000 and the succeeding five years of the Federal Counterterrorism Strategy. (Sec. 118) Amends the Controlled Substances Act to make unlawful certain knowing failures to provide records or reports, including those pertaining to listed chemicals and certain machines. (Current law provides that all failures to do so are unlawful.) Limits penalties for knowing violations regarding reports or recordkeeping to $500 if no unauthorized person obtains unlawful control of a controlled substance as a result of such a violation. (Sec. 120) Requires the General Accounting Office to report to specified congressional committees on compliance of the Department of Justice and all U.S. Attorneys with the Guidance on the Use of the False Claims Act in Civil Health Care Matters. Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of Commerce for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) international trade administration; (4) export administration and national security activities; (5) the Economic Development Administration; (6) minority business development; (7) economic and statistical analysis programs; (8) the Census Bureau; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities, planning, and construction grants; (11) information infrastructure grants; (12) the Patent and Trademark Office; (13) the Under Secretary for Technology-Office of Technology Policy; (14) the National Institute of Standards and Technology, including the Manufacturing Extension Partnership and for construction and renovation of facilities; (15) the National Oceanic and Atmospheric Administration, including amounts for procurement, acquisition, and construction of capital assets; (16) the Coastal Zone Management Fund; (17) the Fishermen's Contingency Fund; (18) the Foreign Fishing Observer Fund; (19) the fisheries finance program account; (20) general administration; and (21) the Office of Inspector General. Sets forth authorized uses of, and limitations on, such funds. Title III: The Judiciary - Judiciary Appropriations Act, 1999 - Makes appropriations for: (1) the Supreme Court, including an amount for care of the building and grounds; (2) the U.S. Court of Appeals for the Federal Circuit; (3) the U.S. Court of International Trade; (4) the courts of appeals, district courts, and other judicial services; (5) defender services; (6) fees of jurors and commissioners; (7) court security; (8) the Administrative Office of the U.S. Courts; (9) the Federal Judicial Center; (10) judicial retirement funds; and (11) the U.S. Sentencing Commission. Sets forth authorized uses of, and limitations on, such funds. (Sec. 304) Authorizes U.S. judges and justices to receive a salary adjustment during FY 1999. Appropriates funds for such purpose. Title IV: Department of State and Related Agencies - Department of State and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of State for: (1) administration of foreign affairs, diplomatic and consular programs; (2) salaries and expenses; (3) the Capital Investment Fund; (4) the Office of Inspector General; (5) representation allowances; (6) protection of foreign missions and officials; (7) security and maintenance of U.S. missions; (8) emergencies in the diplomatic and consular service; (9) the repatriation loans program account; (10) the American Institute in Taiwan; (11) the Foreign Service Retirement and Disability Fund; (12) international organizations, conferences, peacekeeping, and commissions; and (13) the Arms Control and Disarmament Agency. Appropriates funds for the U.S. Information Agency (USIA) for: (1) international information programs; (2) information technology improvements; (3) educational and cultural exchanges; (4) the Eisenhower Exchange Fellowships, Incorporated; (5) the Israeli Arab Scholarship Program; (6) international broadcasting, including broadcasting to Cuba; (7) radio construction; (8) the Center for Cultural and Technical Interchange Between East and West; (9) the North-South Center; and (10) the National Endowment for Democracy. Sets forth authorized uses of, and limitations on, such funds. (Sec. 403) Requires funds made available by any Act for arrearage payments to the United Nations for peacekeeping operations to be reduced by 25 percent of total U.S. expenditures between October 30, 1997, and February 23, 1998, made in response to efforts by Iraq to block United Nations-sanctioned inspections of Iraqi military and civilian facilities with respect to weapons of mass destruction. Makes such reductions during FY 1998 through 2000. (Sec. 404) Bars the use of funds made available in this Act by the State Department or USIA to provide assistance to the Palestinian Broadcasting Corporation or a similar organization. (Sec. 405) Prohibits funds appropriated by any Act from being expended to pay for costs incurred in operating certain diplomatic or consular posts in Vietnam or increasing the number of personnel assigned to such posts unless the President certifies that the Vietnamese Government is cooperating in specified activities regarding resolution of sightings of, and accounting for, prisoners-of-war and individuals missing in action, recovery and analysis of American remains, and investigations in Laos. (Sec. 406) Grants the Secretary of State discretionary authority to pay tort claims in connection with damages sought against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of a Federal employee in a foreign country with respect to State Department overseas operations. Title V: Related Agencies - Makes appropriations for the: (1) Maritime Administration for maritime security, operations and training, and the maritime guaranteed loan program; (2) Commission for the Preservation of America's Heritage Abroad; (3) Commission on Civil Rights; (4) Commission on Security and Cooperation in Europe; (5) Equal Employment Opportunity Commission (EEOC); (6) Federal Communications Commission; (7) Federal Maritime Commission; (8) Federal Trade Commission; (9) Legal Services Corporation; (10) Marine Mammal Commission; (11) Commission on Ocean Policy; (12) Securities and Exchange Commission; (13) Small Business Administration, including amounts for the Office of Inspector General, business and disaster loans, and capital for the Surety Bond Guarantees Revolving Fund; and (14) State Justice Institute. Sets forth authorized uses of, and limitations on, such funds. Title VI: General Provisions - Sets forth limitations on the use of funds under this Act. (Sec. 607) Sets forth Buy American provisions. (Sec. 608) Prohibits the use of funds made available by this Act to: (1) enforce any EEOC guidelines covering harassment based on religion if such guidelines do not differ from proposed guidelines of October 1, 1993; or (2) provide specified personal comforts in the Federal prison system. (Sec. 613) Prohibits the use of funds made available in this Act to issue visas to certain individuals from Haiti, including those involved in specified extrajudicial and political killings. (Sec. 614) Prohibits the use of funds made available in any Act to issue or renew a fishing permit or authorization for any U.S. fishing vessel exceeding a specified length, tonnage, or horsepower that would allow such vessel to engage in fishing in any fishery within the U.S. exclusive economic zone unless: (1) a certificate of documentation had been issued for the vessel, endorsed with a fishery endorsement effective on September 25, 1997, and endorsed at all times thereafter; or (2) the regional fishery management council recommends, and the Secretary of Commerce approves, a fishery management plan that allows the vessel to engage in such fishing. Invalidates any permit or authorization issued or renewed prior to this Act's enactment date for a vessel exceeding such limits that would allow the vessel to engage in fishing for any Atlantic mackerel or herring in the waters off the U.S. east coast during FY 1999 unless the Secretary has approved a plan to allow such fishing. Bars the use of funds made available in any Act to issue an individual fishing quota under a fishery management plan approved by a regional fishery management council after September 30, 2000, to a non-U.S. citizen or a corporation or other entity in which less than 75 percent controlling interest is owned by U.S. citizens. (Sec. 615) Prohibits the use of funds made available in this Act to pay the expenses of an election officer appointed by a court to oversee an election of any officer or trustee for the International Brotherhood of Teamsters. (Sec. 616) Amends the International Security and Development Corporation Act of 1985 to reduce the number of members of the Commission for the Preservation of America's Heritage Abroad. (Sec. 618) Directs the Secretary of Commerce to study and report to the Appropriations Committee on: (1) taxation of the Internet by States and political subdivisions; (2) access to the Internet; and (3) communications and transactions conducted through the Internet. (Sec. 619) Authorizes, upon the joint motion of the United States and the State of Alaska and the issuance of an order by the U.S. District Court for the District of Alaska, the deposit of the joint trust funds or any portion thereof, including any interest accrued thereon, received, or to be received by the United States and Alaska under the Agreement and Consent decree issued in United States v. Exxon Corporation (i.e., the Exxon Valdez oil spill consent decree), in appropriate accounts outside the Court Registry, including the Natural Resource Damage Assessment and Restoration Fund. Allows any interest accrued under the authority of this section to be used only for grants for marine research and monitoring and for community and economic restoration projects. Terminates the authority provided in this section on September 30, 2002, unless by September 30, 2001, the trustees have submitted to the Congress legislation to establish a board to administer funds invested, interest received, and grants awarded from such interest. Title VII: Rescissions - Rescinds specified amounts of funds made available for: (1) the Department of Justice working capital fund; (2) FBI construction, salaries and expenses, and violent crime reduction; (3) the U.S. Travel and Tourism Administration; and (4) the Endowment for Children's Educational TV.
Bill· SS. 2237 (105th)open
United States · United States Congress · 26 June 1998
TABLE OF CONTENTS: Title I: Department of the Interior Title II: Related Agencies Title III: General Provisions Title IV: To Amend the Elwha River Ecosystem and Fisheries Restoration Act Title V: Land Between the Lakes Protection Act Subtitle A: Establishment, Administration, and Jurisdiction Subtitle B: Management Provisions Subtitle C: Transfer Provisions Subtitle D: Funding Title VI: Department of Commerce Department of the Interior and Related Agencies Appropriations Act, 1999 - Makes appropriations for the Department of the Interior and related agencies for FY 1999. Title I: Department of the Interior - Makes appropriations for the Bureau of Land Management (BLM) for: (1) land and resource management; (2) wildland fire management; (3) remedial action of hazardous waste substances; (4) construction; (5) payments in lieu of taxes to local governments; (6) land acquisition; (7) Oregon and California grant lands; (8) range improvements; (9) service charges, deposits, and forfeitures with respect to public lands; and (10) miscellaneous trust funds. Amends Federal law to increase claim maintenance fees to be paid by holders of unpatented mining claims, mills, or tunnel sites for FY 1999 and subsequent years. Increases and permanently extends location fees for such claims. Makes fees available for mining law administration program operations. Appropriates funds for the U.S. Fish and Wildlife Service for: (1) resource management; (2) construction; (3) land acquisition; (4) expenses related to carrying out the Endangered Species Act of 1973; (5) the National Wildlife Refuge Fund; (6) expenses related to carrying out the North American Wetlands Conservation Act; (7) the Wildlife Conservation and Appreciation Fund; and (8) expenses related to carrying out the African Elephant Conservation Act, the Asian Elephant Conservation Act of 1997, and the Rhinoceros and Tiger Conservation Act of 1994. Makes appropriations for the National Park Service (NPS) for: (1) the National Park System; (2) national recreation and preservation activities; (3) expenses related to carrying out the Historic Preservation Act of 1966; (4) construction; and (5) land acquisition and State assistance from the Land and Water Conservation Fund. Rescinds specified contract authority to obligate funds from the Land and Water Conservation Fund for FY 1999. Makes appropriations for: (1) the U.S. Geological Survey for surveys, investigations, and research; (2) the Minerals Management Service for royalty and offshore minerals management and oil spill research; (3) the Office of Surface Mining Reclamation and Enforcement for regulation and technology and the Abandoned Mine Reclamation Fund; (4) the Bureau of Indian Affairs (BIA) for operation of Indian programs, construction, miscellaneous payments to Indians, and Indian guaranteed loans; (5) assistance to U.S. territories and for carrying out the Compacts of Free Association with respect to Micronesia, the Marshall Islands, and Palau; (6) departmental management, the Offices of the Solicitor and the Inspector General; (7) trust programs for Indians; and (8) natural resource damage assessment. Sets forth authorized and prohibited uses of specified funds. (Sec. 107) Prohibits the use of funds provided in this title for specified offshore leasing and related activities. (Sec. 115) Sets forth provisions regarding voluntary separation incentives, severance pay, and continued health benefits for employees of the NPS Denver Service Center. (Sec. 117) Directs the Secretary of the Interior (Secretary) to enter into an agreement with and provide funding to the National Academy of Sciences, the Board on Earth Sciences and Resources, to conduct a study of the environmental and reclamation requirements related to mining of locatable materials on Federal lands and the adequacy of those requirements in preventing degradation of such lands in each State in which such mining occurs. Requires a report to appropriate Federal agencies, the Congress, and Governors of affected States. Bars the Secretary from promulgating any final regulations to change BLM surface management regulations until at least 90 days after publication of such report. (Sec. 119) Requires the Secretary to convey certain property in Nome, Alaska, to Kawerak, Inc., a nonprofit tribal organization. Subjects such conveyance to valid existing rights and specified rights of way. (Sec. 120) Bars the expenditure of funds made available in any Act by the Secretary to promulgate regulations affecting commercial or subsistence fishing in Glacier Bay National Park or to enforce any prohibition against such fishing if such fishing is conducted in accordance with the laws of the State of Alaska. (Sec. 122) Prohibits the expenditure of funds provided in this title for the administration, approval, or permitting, during FY 1999, of drilling of any kind on leases within the Manteo Exploration Unit and adjacent lease blocks of the Mid Atlantic planning area prior to completion of all State coastal consistency determinations pursuant to the Coastal Zone Management Act and conclusion of litigation and administrative appeals. (Sec. 123) Authorizes the renewal of grazing permits which expire during FY 1999, for the balance of FY 1999 or until the BLM completes permit processing, whichever comes first. Provides for modification of such permits, if necessary, and authorizes reissuance for a term of up to ten years. (Sec. 125) Requires the Secretary, acting through the BLM Director, to convey specified property to the town of Pahrump, Nevada, subject to valid existing rights and a specified right of way. Subjects such property to reversion to the United States if it is used for purposes other than that of a public fairground or related public purpose. (Sec. 126) King Cove Health and Safety Act of 1998 - Directs the Secretary to grant the Aleutians East Borough a perpetual right-of-way of 60 feet in width through specified land in Seward Meridian, Alaska, for the construction, operation, and maintenance of certain utility-related fixtures and of a public road between the cities of Cold Bay and King Cove, Alaska, if the King Cove Corporation offers to transfer specified lands to the United States. Requires the lands transferred to the United States to be managed in accordance with the Alaska National Interest Lands Conservation Act. Includes such lands in the Izembek National Wildlife Refuge. Directs the Secretary and the Aleutians East Borough to jointly prepare a plan setting forth: (1) the times of the year a road may be reasonably constructed when there are not high concentrations of migratory birds in Kinzarof Lagoon; and (2) limitations on non-emergency road traffic during periods of the year when there are high concentrations of such birds in the Lagoon. Grants the Aleutians East Borough the right-of-way described in this Act if agreement is not reached with the Secretary within a specified time frame. (Sec. 127) Bars the use of funds provided by any Act by the Secretary to acquire State, private, or other non-Federal lands in the State of Alaska unless the Secretary seeks to exchange unreserved public lands before purchasing lands in Alaska. (Sec. 128) Designates the Charleston Public School complex in Charleston, Arkansas, as the Charleston National Commemorative Site in commemoration of the Charleston schools' role as the first public school district to integrate following the Brown v. Board of Education Supreme Court decision. (Sec. 129) Requires the Secretary, through the BIA and prior to distribution of tribal priority allocations (TPA) for FY 1999, to identify the top ten percent of tribes in the lower 48 States in terms of tribal revenue measured on a per capita basis during FY 1997. Requires such tribes to receive 50 percent of their TPA funding in FY 1999 and distributes the remainder among the tribes in the bottom 20 percent of tribes in the lower 48 States in terms of tribal revenue measured during FY 1997. Directs the BIA to develop, and submit to the Congress, need-based distribution formulas for TPA funds. (Sec. 131) Prohibits the use of funds in any Act to issue a notice of final rulemaking with respect to the valuation of crude oil for royalty purposes until FY 2000 or until there is a negotiated agreement on the rule. Incorporates provisions similar to those contained in the Department of the Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) employees of BLM's Helium Operations; and (2) Huron Cemetery in Kansas City, Kansas. Title II: Related Agencies - Makes appropriations for the Department of Agriculture for the Forest Service for: (1) forest and rangeland research; (2) State and private forestry; (3) the National Forest System; (4) wildland fire management; (5) construction and reconstruction; (6) land acquisition; (7) range rehabilitation and improvement; and (8) forest and rangeland research. Limits the amount of funds to be made available to the Department of Energy in FY 2000, 2001, and 2002 that were made available in prior years for clean coal technology projects. Makes appropriations for the Department of Energy for: (1) fossil energy research and development activities; (2) naval petroleum and oil shale reserve activities; (3) energy conservation; (4) economic regulation activities of the Office of Hearings and Appeals; (5) the Strategic Petroleum Reserve; and (6) the Energy Information Administration. Makes appropriations for the Department of Health and Human Services for the Indian Health Service and Indian health facilities. Makes appropriations for: (1) the Office of Navajo and Hopi Indian Relocation; (2) the Institute of American Indian and Alaska Native Culture and Arts Development; (3) the Smithsonian Institution, including amounts for repair and restoration of buildings owned or occupied by the Smithsonian; (4) construction and improvements at the National Zoological Park; (5) construction; (6) the National Gallery of Art, including an amount for repair and restoration of facilities owned or occupied by the National Gallery; (7) operations, maintenance, and construction expenses of the John F. Kennedy Center for the Performing Arts; (8) carrying out the Woodrow Wilson Memorial Act of 1968; (9) the National Endowment for the Arts (NEA); (10) the National Endowment for the Humanities; (11) the Institute of Museum and Library Services; (12) the Commission of Fine Arts; (13) the Advisory Council on Historic Preservation; (14) the National Capital Planning Commission; (15) the Holocaust Memorial Council; and (16) the Presidio trust. Sets forth provisions regarding uses of, and limitations on, funds under this title. Title III: General Provisions - Sets forth limitations on the use of funds under this Act, including Buy American requirements. Incorporates provisions similar to those contained in the Department of Interior and Related Agencies Appropriations Act, 1998 (Public Law 105-83) concerning: (1) the sale of timber from giant sequoias; (2) the underground lunchroom at Carlsbad Caverns National Park; (3) funding for the Americorps program; (4) the bridge between Jersey City, New Jersey, and Ellis Island; (5) patents for mining or mill site claims; (6) land acquisition for the Wayne National Forest; (7) competition for watershed restoration project contracts in the Pacific Northwest; (8) designation of Biosphere Reserves; (9) restrictions on NEA grants; (10) watershed restoration and enhancement agreements; and (11) introduction of the grizzly bear in specified areas in Idaho and Montana. (Sec. 318) Reduces the budget authority made available in this Act by specified amounts in certain accounts. (Sec. 325) Amends the National Foundation on the Arts and Humanities Act of 1965 to increase the number of Senators appointed by the Senate Majority Leader to serve on the National Council on the Arts from one to two. (Sec. 326) Directs the Secretary of Agriculture to accept full title to specified real property in Skamania County, Washington, effective January 1, 1999. Requires the Secretary, for all identified property not acquired as of such date, to add to the agreed upon purchase price a timber growth adjustment equal to the adjustment made for the property on December 31, 1997. (Sec. 327) Adjusts the boundary of: (1) the Lake Chelan National Recreation Area, Washington, to exclude a certain parcel of land and waters; and (2) the Wenatchee National Forest, to include such parcel. Transfers administrative jurisdiction over Federal land and waters in the parcel from the Secretary of the Interior to the Secretary of Agriculture. Considers the boundaries of the Forest to be those as of January 1, 1965, for purposes of Federal provisions concerning allocation of Land and Water Conservation Fund monies for Federal purposes. (Sec. 328) Grants the Forest Service authority independent of the Department of Agriculture to obtain and implement a general ledger. Requires the Forest Service to report to the Appropriations Committees on information systems being considered for such purposes. (Sec. 329) Provides that current forest plans will remain in effect until revised, notwithstanding a provision of the Forest and Rangeland Renewable Resources Planning Act of 1974. (Sec. 330) Authorizes the Secretary of Agriculture to conduct technology transfer and development, training, dissemination of information, and applied research in the management, processing, and utilization of the hardwood forest resource. Permits the Secretary of Agriculture to: (1) assume all rights, title, and interest of the Robert C. Byrd Hardwood Technology Center, a nonprofit corporation operating under the laws of the State of West Virginia; and (2) operate and utilize Center assets as part of a newly formed Institute of Hardwood Technology Transfer and Applied Research. Requires Institute revenues to be deposited in a special Treasury fund known as the Hardwood Technology Transfer and Applied Research Fund. Authorizes appropriations. (Sec. 331) Requires the Forest Service to rescind its decision prohibiting the use of fixed anchors for rock climbing in wilderness areas of national forests. (Sec. 332) Prohibits the use of funds appropriated by any Act to undertake prescribed burning until the Forest Supervisor certifies that every effort has been made to remove all economically viable, commercial wood products from the proposed burn area. (Sec. 335) Authorizes the Forest Service, until September 30, 2002, to enter into contracts with private persons to perform services to achieve land management goals for each national forest in Idaho and Montana and in the Umatilla National Forest, Oregon, that meet local and rural community needs. Permits the Forest Service, in connection with a contract, to apply the value of timber or other forest products removed as an offset against the cost of services received. (Sec. 336) Directs the Forest Service and the Federal Highway Administration to make a specified amount available to the State of Utah for construction of the Trappers Loop connector road. (Sec. 337) Sets forth reporting and other requirements with respect to the obligation of funds for the operation or implementation of the Interior Columbia Basin Ecosystem Management Project. (Sec. 338) Requires the Secretary of Agriculture to prepare and offer for sale each year an economically viable supply of unharvested timber in the Tongass National Forest, Alaska, which: (1) has been cleared through the National Environmental Policy Act process and meets requirements of other applicable Federal or State laws; and (2) is equal to at least 90 percent of the allowable sale quantity identified in the May 1997 Record of Decision for the Tongass Land Management Revision. Grants the U.S. District Court for Alaska jurisdiction: (1) over civil suits brought by a person economically dependent upon the Secretary's performance under this section and adversely affected by failure to prepare or offer for sale the required volume of timber; and (2) to enforce this section or otherwise provide relief. Requires the Chief of the Forest Service, in addition to any ordered relief, to make annual payments to local governments in southeast Alaska equal to 25 percent of the receipts that would have been received from required timber sales if such timber was not offered for sale. (Sec. 339) Prohibits, in the financing of any forest development road, amortization of road costs in any contract with, or the provision of credit for road construction to, any purchaser of national forest timber or products. Sets forth related provisions regarding the construction of roads by timber purchasers. (Sec. 340) Requires all timber sold in Region 10 in FY 1999 to be sold using a residual value appraisal system. Sets forth additional requirements for the sale of such timber, including those regarding the volume of western red cedar timber available for processors. (Sec. 343) Prohibits Federal or State agencies, unless specifically authorized by the Congress, from requiring, authorizing, funding, or undertaking any action that would remove or diminish the congressionally authorized uses of any dam on the Federal Columbia Power System or on the Columbia or Snake Rivers or their tributaries licensed by the Federal Energy Regulatory Commission. Title IV: To Amend the Elwha River Ecosystem and Fisheries Restoration Act - Amends the Elwha River Ecosystem and Fisheries Restoration Act to direct the Secretary of the Interior, as soon as sums are appropriated, to acquire the Elwha and Glines Canyon Projects (Clallam County, Washington, hydroelectric power projects) for a purchase price of $29.5 million. Conditions such acquisition on a release of the owner and local industrial consumer from liability to the United States arising from such Projects. Prohibits the United States from assuming or satisfying the liability of such owner or consumer to any federally recognized Indian tribe. Directs the Secretary: (1) after acquiring the Elwha Project and as soon as sums are appropriated for such purpose, to remove the Elwha dam, taking necessary action to ensure the continued availability of current water quality and quantity to specified areas and users; (2) during the removal phase, to thoroughly evaluate the removal's impact on fish runs; and (3) subject to appropriations, to pay specified compensation for a period of 12 years to the Clallam County Board of Commissioners for revenues lost due to such removal (with a specified condition). Directs the Secretary to continue operation of the Glines Canyon dam after the Elwha dam has been removed, subject to appropriations. Authorizes the Secretary, subject to appropriations and after completion of removal of the Elwha Project and specified fisheries studies, to remove the Glines Canyon Project if the benefit to fisheries and natural restoration of the Elwha River exceeds the value of power and the desirability of the lake by a margin sufficient to warrant the expenditure of the removal cost. Directs the Secretary to: (1) complete a Glines Canyon engineering and design study concerning the reconfiguration of transmission lines and dam operational controls; and (2) evaluate the impact that managing such Project for fisheries restoration will have on future hydropower operations. Directs the Secretary to develop and implement a comprehensive fish enhancement plan with the Elwha Citizens Commission, the Lower Elwha Klallam tribe, the National Marine Fisheries Service, the Washington Department of Fish and Wildlife, and other entities directly affected by management decisions on the Elwha River. Title V: Land Between the Lakes Protection Act - Land Between the Lakes Protection Act of 1998 - Subtitle A: Establishment, Administration, and Jurisdiction - Establishes, after a specified transfer under this Act, the Land Between the Lakes National Recreation Area in Kentucky and Tennessee as a unit of the National Forest System. Directs the Secretary of Agriculture (Secretary) to manage the Area for multiple uses, including public recreation, fish and wildlife habitat conservation, plant and animal diversity, hunting and fishing, and environmental education. (Sec. 513) Provides for payments to States and counties in lieu of taxes, including payments by the Tennessee Valley Authority (TVA). (Sec. 514) Considers all Area paved roads as forest highways. Subtitle B: Management Provisions - Directs the Secretary, as soon as practicable after the transfer, to prepare a land and resource management plan for the Area in conformity with the National Forest Management Act of 1976, allowing the existing TVA management plan to provide interim management direction. (Sec. 522) Establishes the Land Between the Lakes Advisory Board. (Sec. 523) Authorizes the Secretary to charge reasonable fees for admission to and use of designated sites, or for activities, within the Area, with receipts to be deposited into the Land Between the Lakes Management Fund and used for Area management expenses. (Sec. 526) Authorizes the Secretary to issue a special use authorization to the U.S. Fish and Wildlife Service for management of facilities and land agreed on by the Secretary and the Secretary of the Interior. Authorizes the charge of reasonable fees upon lands administered by the Service. Subordinates Service fish and wildlife activities to overall Area management. (Sec. 527) Designates the North-South Trail in the Area as a national recreation trail under the National Trails System Act. (Sec. 528) Directs the Secretary to maintain an inventory of and ensure access to all Area cemeteries for burial, visitation, and maintenance. (Sec. 529) Withdraws Area lands from operation under the Federal mining and mineral leasing laws. Authorizes the Secretary to permit the use of mineral materials for Area development and maintenance. Directs the Secretary to permit hunting and fishing within the Area, with exceptions for reasons of public safety, administration, or public use and enjoyment. (Sec. 530) Makes the TVA and the Army Corps of Engineers responsible for all Area dams, impoundments, and other water facilities. (Sec. 531) Establishes the Land Between the Lakes Trust Fund for: (1) public education, grants, and internships relating to Area recreation, conservation, and multiple use land management; and (2) regional promotion in the Area. Directs the TVA to deposit $1 million annually into the Fund for each of five fiscal years commencing in FY 2000. Subtitle C: Transfer Provisions - Transfers administrative jurisdiction over the Area from the TVA to the Secretary, effective on October 1 of the first year for which the Congress does not appropriate to the TVA at least $6 million for the Area. Calls for the transfer to be completed in an efficient and cost-effective manner, with due consideration to minimum disruption of the personal lives of TVA and Forest Service employees and others affected by such transfer. Directs the Secretary and the TVA to enter into a memorandum of agreement implementing the transfer. Provides the Secretary with access to all TVA Area management records. (Sec. 545) Directs the TVA to: (1) provide the Secretary with an inventory of all Area property and facilities; and (2) use existing funds and current TVA Area personnel (eligible employees) to facilitate the transfer of necessary property and facilities. Authorizes the Secretary to declare as excess any personal property that cannot be efficiently managed and maintained either by the Forest Service or by lease or permit to others. (Sec. 546) Requires transfer compliance with all applicable environmental laws, under specified procedures. (Sec. 547) Authorizes the Secretary to hire appropriate personnel and retain eligible employees. Directs the TVA to notify all eligible employees of openings in other TVA units before notifying other individuals of such openings. Requires the Secretary and the heads of the Office of Personnel Management and the Tennessee Valley Authority Retirement System to enter into a memorandum of understanding for the transition of all eligible employees with respect to compensation made available through such System. Sets forth other employee transition provisions. Limits funds from available TVA balances and nonpower proceeds to be used for the transfer. Subtitle D: Funding - Transfers a specified amount of TVA available balances and nonpower proceeds to the Secretary and makes funds available to the Secretary of the Interior available to the Fish and Wildlife Service for their Area administration. (Sec. 552) Authorizes appropriations to the Secretaries of Agriculture and the Interior for Area administration and activities. Title VI: Department of Commerce - Makes funds available from the Environmental Improvement and Restoration Fund for marine research activities of the National Oceanic and Atmospheric Administration.
Bill· SS. 2249 (105th)referred
United States · United States Congress · 26 June 1998
TABLE OF CONTENTS: Title I: Pension Access and Coverage Subtitle A: Improved Access to Individual Retirement Savings Subtitle B: Secure Money Annuity or Retirement (SMART) Trusts Subtitle C: Improved Fairness in Retirement Plan Benefits Title II: Security Subtitle A: General Provisions Subtitle B: ERISA Enforcement Subtitle C: Increase in Excise Tax on Employer Reversions Title III: Portability Title IV: Comprehensive Women's Pension Protection Subtitle A: Pension Reform Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs Subtitle C: Modifications of Joint and Survivor Annuity Requirements Title V: Date for Adoption of Plan Amendments Retirement Accessibility, Security, and Portability Act of 1998 - Title I: Pension Access and Coverage - Subtitle A: Improved Access to Individual Retirement Savings - Amends the Internal Revenue Code (IRC) to allow a tax credit for up to a maximum $500 of the qualified start-up costs of eligible small employers in establishing a qualified pension plan or qualified employer payroll deduction system. (Sec. 102) Provides for an exclusion from an employee's gross income of payroll deduction contributions to individual retirement accounts (IRAs). (Sec. 103) Provides for a nonrefundable tax credit for contributions to individual retirement plans. (Sec. 104) Allows the use without penalty of distributions from certain plans during periods of unemployment. Subtitle B: Secure Money Annuity or Retirement (SMART) Trusts - Establishes a defined benefit plan option for small businesses, to be known as secure money annuity or retirement (SMART) trusts. Subtitle C: Improved Fairness in Retirement Plan Benefits - Amends the IRC to require a specified minimum employer contribution to SIMPLE retirement accounts. Provides for an employer option to suspend contributions with 30-days' notice. Amends the Employee Retirement Income Security Act of 1974 (ERISA) with respect to fiduciary duties in the case of such accounts. (Sec. 122) Amends the IRC to set forth various nondiscrimination rules for qualified cash or deferred arrangements and matching contributions. (Sec. 123) Increases from $75,000 to $80,000 per year specified compensation criteria for a highly compensated employee. Excludes specified categories of employees with respect to age, short length of service, and part-time service from the meaning of highly compensated employee. (Sec. 124) Includes multiemployer plans, as well as governmental plans, under specified provisions of IRC for: (1) special limitation rules relating to compensation limits; and (2) exemptions for survivor and disability benefits. (Sec. 125) Declares that compensation deferred under a mirror plan shall not be taken into account in applying certain limits (with respect to deferred compensation plans of State and local governments and tax-exempt organizations) to compensation deferred under any other deferred compensation plan. (Sec. 126) Amends specified Federal law relating to Federal employees to allow immediate participation in the Thrift Savings Plan for Federal employees by eliminating certain waiting periods. (Sec. 127) Amends IRC and ERISA to set a full funding limitation for multiemployer plans. (Sec. 128) Eliminates IRC partial termination rules for multiemployer plans. (Sec. 129) Replaces the 150 percent of current liability factor in the calculation of the full-funding limit with an incremental scale from 155 percent in 1998 to 170 percent in 2001, followed by zero in 2002 and succeeding years. Title II: Security - Subtitle A: General Provisions - Amends ERISA to revise requirements for periodic pension benefits statements. (Sec. 202) Applies an ERISA requirement for annual, detailed investment reports to certain IRC section 401(k) plans. (Sec. 203) Directs the Secretary of Labor, in prescribing regulations for required information in such reports, to consider including specified types of information. (Sec. 204) Directs the Secretary to study and report to the Congress on: (1) the extent to which pension plans invest in collectibles; and (2) whether such investments present a risk to the pension security of the participants and beneficiaries of such plans. (Sec. 205) Amends IRC to prohibit qualified employer plans from making loans through credit cards and other intermediaries. (Sec. 206) Increases the amounts of multiemployer plan benefits guaranteed under ERISA. (Sec. 207) Increases the maximum amount of the civil penalty which may be assessed administratively for certain prohibited transactions. (Sec. 208) Amends ERISA with respect to substantial owner benefits to revise the phase-in of guarantee and the allocation of assets. (Sec. 209) Directs the Secretary to report annually to the President and the Congress on plans from which residual assets were distributed to employers (reversion report). Subtitle B: ERISA Enforcement - Amends ERISA enforcement provisions to change from mandatory to discretionary the Secretary's authority to impose certain civil penalties for breach of fiduciary responsibilities. (Sec. 212) Revises reporting and enforcement requirements for employee benefit plans. Requires plan administrators and accountants to notify the Secretary: (1) of specified irregularities; and (2) upon termination of the accountant. Authorizes the Secretary to impose civil penalties for failure to make such notifications. (Sec. 213) Sets forth additional ERISA requirements for qualified public accountants. (Sec. 214) Directs the Inspector General of the Department of Labor to study, and report to the Congress and the Secretary on, the need for regulatory standards and procedures to authorize the Secretary, in appropriate cases, to prohibit persons from serving as qualified accountants for purposes of specified annual reports. Subtitle C: Increase in Excise Tax on Employer Reversions - Amends the IRC to increase the excise tax on reversions of qualified employee benefit plan assets to employers. Title III: Portability - Amends ERISA and the IRC to provide for faster vesting of employer matching contributions. (Sec. 302) Revises certain restrictions on distributions from IRC section 401(k) plans. (Sec. 303) Amends ERISA and the IRC with respect to an accrued benefit not to be decreased by plan amendment to revise the treatment of transfers between defined contribution plans. (Sec. 304) Amends ERISA rules requiring transfer of benefits of missing participants to direct the Pension Benefit Guaranty Corporation (PBGC) to prescribe similar rules for multiemployer plans that terminate. Requires transfer of missing participants' plan benefits to the PBGC by certain plans not otherwise subject to ERISA enforcement provisions. (Sec. 305) Allows rollovers from and to the IRC section 403(b) plans. (Sec. 306) Amends the IRC to set forth requirements relating to rollover contributions from deferred compensation plans of State and local governments. (Sec. 307) Extends the IRC 60-day rollover period in the case of presidentially declared disasters and service in combat zones. (Sec. 308) Excludes from gross income, for certain IRC purposes, amounts involved in a direct trustee-to-trustee transfer to a defined benefit governmental plan, if such transfer is for: (1) purchase of service credit under such plan; or (2) a specified type of repayment. Title IV: Comprehensive Women's Pension Protection - Subtitle A: Pension Reform - Amends the IRC and ERISA to provide for the spouse's right to know specified distribution information relating to survivor annuities. Provides for the employee's right to know of the opportunity for elective contributions under IRC section 401(k) plans. (Sec. 402) Directs the Secretary of Labor to contract with an independent organization to create a women's pension toll-free phone number and contact. Authorizes appropriations. (Sec. 403) Amends the Social Security Act to modify the government pension offset with respect to certain insurance benefits for wives, husbands, widows, widowers, and mothers and fathers. (Sec. 404) Amends the IRC and ERISA to treat periods of family and medical leave, under the Family and Medical Leave Act of 1993, as hours of service for purposes of pension participation and vesting. (Sec. 405) Amends the IRC to: (1) disallow integration for simplified employee pensions; and (2) provide for eventual repeal of certain pension integration rules. (Sec. 406) Amends the IRC and ERISA with respect to division of pension benefits upon divorce, at the former spouse's election, to deem any State divorce decree to be a domestic relations order specifying that half of the marital share of the participant's accrued benefit is to be provided to such former spouse. (Sec. 407) Amends the Railroad Retirement Act of 1974 (RRA) to entitle divorced spouses to railroad retirement annuities independent of the employee's actual entitlement. Subtitle B: Protection of Rights of Former Spouses to Pension Benefits Under Certain Government and Government-Sponsored Retirement Programs - Amends RRA to extend Tier II railroad retirement benefits to surviving former spouses pursuant to divorce agreements. (Sec. 412) Amends Federal civil service law with respect to survivor annuities for widows, widowers, and former spouses of Federal employees who die before attaining the age for deferred annuity under the Civil Service Retirement System (CSRS). (Sec. 413) Amends Federal civil service law with respect to payment of lump-sum benefits to former spouses of Federal employees under CSRS and the Federal Employees' Retirement System (FERS). Subtitle C: Modifications of Joint and Survivor Annuity Requirements - Modifies ERISA and IRC requirements for joint and survivor annuities to provide for an alternative joint and two-thirds survivor annuity payable while both the participant and the spouse are alive. (Sec. 422) Requires spousal consent for distributions from the IRC section 401(k) plans. Title V: Date for Adoption of Plan Amendments - Sets forth dates for adoption of plan amendments.
Bill· SS. 2230 (105th)referred
United States · United States Congress · 25 June 1998
Work Opportunity Tax Credit Extension Act - Amends the Internal Revenue Code to extend the work opportunity credit for an additional three years.
Bill· SS. 2222 (105th)referred
United States · United States Congress · 25 June 1998
Reinstatement of the Medicare Rehabilitation Benefit Act of 1998 - Amends title XVIII (Medicare) of the Social Security Act to repeal the financial limitation on rehabilitation services under part B (Supplementary Medical Insurance) of the Medicare program. Provides that for outpatient physical therapy services, outpatient occupational therapy services, and outpatient speech-language pathology services covered under Medicare and furnished on or after January 1, 2000, the Secretary of Health and Human Services shall implement a new payment methodology based on the classification of individuals by diagnostic category, functional status, and prior use of services in both inpatient and outpatient settings. Requires that such payment methodology be designed so that, taking into account the increased expenditures resulting from this Act, it does not result in any increase or decrease in the expenditures under Medicare on a fiscal year basis.
Bill· SS. 2217 (105th)referred
United States · United States Congress · 25 June 1998
Federal Research Investment Act - Calls for Federal funding levels for fundamental, scientific, and pre-competitive engineering research to be increased to equal approximately 2.6 percent of the total annual Federal budget. Authorizes appropriations for civilian research and development (R&D) within specified agencies for FY 1999 through 2010. Directs the President to include with the annual budget request a report concerning Federal R&D program funding, future R&D strategies and targets, and an analysis of funding levels across Federal agencies by funding methodology. Requires the Director of the Office of Science Technology Policy (OSTP) to enter in an agreement with the National Academy of Sciences to conduct a comprehensive study to develop methods for evaluating federally-funded R&D programs. Requires the Director of the Office of Management and Budget (OMB), based on study results, to promulgate one or more alternative forms for Federal R&D performance goals. Permits an agency head to apply such an alternative form without further authorization by OMB. Requires agency heads carrying out R&D activities, upon updating a strategic plan, to describe the current and future use of methods for determining an acceptable level of R&D success as recommended by the study. Authorizes appropriations for the study. Requires: (1) the OMB Director, based upon program performance reports, to identify the civilian R&D program activities or components which do not meet an acceptable level of success; (2) an agency head to submit to the appropriate congressional committees a concise statement of the steps needed to terminate a program activity or component identified as being below the acceptable level of success for two consecutive fiscal years; (3) such a program to be terminated unless the Directors of OSTP and OMB and the agency head determine that it should be continued; and (4) the statement of termination to recommend disposition of unexpended and unobligated funds from terminated programs.