datamatters24/research-document-archive huggingface dataset:
(1) IN GENERAL.—Except as provided in para-
graph (2), members of the Council under subsection
(c)(7) shall be appointed for a term of 3 years.
(2) INITIAL MEMBERS.—Of the members first
appointed under subsection (c)(7)—
(A) 2 shall be appointed for a term of 1
year;
(B) 2 shall be appointed for a term of 2
years; and
(C) 2 shall be appointed for a term of 3
years.
(3) VACANCIES.—Whenever a vacancy occurs
among members of the Council appointed under sub-
section (c)(7), the Secretary shall appoint an indi-
vidual in accordance with such subsection to fill that
vacancy for the remainder of the applicable term.
(e) PROHIBITION OF COMPENSATION.—Members of
the Council may not receive compensation for their service
as members of the Council.
(f) NONVOTING MEMBERS.—The Secretary is au-
thorized and encouraged to include as nonvoting members
of the Commission representatives of nonprofit charitable
organizations and Native American interests, including
tribal organizations, that undertake estuary habitat res-
toration activities.
‘‘(2) the spouse (as determined under section
7703) of an individual described in paragraph (1),
and
‘‘(3) the widow or widower, as the case may be,
of an individual described in paragraph (1).’’.
(b) TECHNICAL AMENDMENTS.—
(1) Paragraph (2) of section 1324(b) of title
31, United States Code, is amended by striking ‘‘or
enacted’’ and inserting ‘‘enacted’’ and by inserting
before the period ‘‘, or from section 35 of such
Code’’.
(2) The table of sections for subpart C of part
IV of subchapter A of chapter 1 of such Code is
amended by striking the last item and inserting the
following new items:
‘‘Sec. 35. Premiums paid by certain senior citizens for medicare
part B.
‘‘Sec. 36. Overpayments of tax.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to premiums paid after the date
of enactment of this Act.
SEC. 3. ELIMINATION OF MEDICARE PART B PREMIUM PEN-
ALTY.
(a) IN GENERAL.—Section 1839(b) of the Social Se-
curity Act (42 U.S.C. 1395r(b)) is amended by adding at
the end the following: ‘‘Any increase in an individual’s
monthly premium under the first sentence of this sub-
section shall not be applicable with respect to an eligible
individual (or dependent of such an individual), as defined
in section 35(b) of the Internal Revenue Code of 1986.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to premiums for months begin-
ning after the date of the enactment of this Act.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 1773
To amend title I of the Employee Retirement Income Security Act of 1974
to provide that any participant or beneficiary under an employee benefit
plan shall be entitled to de novo review in court of benefit determinations
under such plan.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1999
Mr. FILNER (for himself and Mrs. EMERSON) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To amend title I of the Employee Retirement Income Secu-
rity Act of 1974 to provide that any participant or
beneficiary under an employee benefit plan shall be enti-
tled to de novo review in court of benefit determinations
under such plan.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Access to Disability
Insurance Act of 1999’’.
SEC. 2. DE NOVO REVIEW OF BENEFIT DETERMINATIONS.
Section 502(e) of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1132(e)) is amended by
adding at the end the following new paragraph:
‘‘(3) Notwithstanding any provision by the plan for
the exercise by a fidiciary of discretionary authority with
respect to any benefit determination, any benefit deter-
mination under the plan shall be subject to de novo review
by the court.’’.
SEC. 3. EFFECTIVE DATE.
The amendment made by section 2 of this Act shall
apply with respect to causes of action arising after the
date of the enactment of this Act.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 1774
To amend the Immigration and Nationality Act to not count work experience
as an unauthorized alien for purposes of admission as an employment-
based immigrant or an H–1B nonimmigrant.
IN THE HOUSE OF REPRESENTATIVES
MAY 12, 1999
Mr. GALLEGLY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend the Immigration and Nationality Act to not count
work experience as an unauthorized alien for purposes
of admission as an employment-based immigrant or an
H–1B nonimmigrant.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Illegal Alien Employ-
ment Disincentive Act of 1999’’.
SEC. 2. NOT COUNTING WORK EXPERIENCE AS AN UNAU-
THORIZED ALIEN FOR PURPOSES OF ADMIS-
SION AS A WORKER.
(a) FOR ADMISSION AS AN EMPLOYMENT-BASED IM-
MIGRANT.—Section 203(b) of the Immigration and Na-
tionality Act (8 U.S.C. 1153(b)) is amended by adding
at the end the following new paragraph:
‘‘(7) NOT COUNTING WORK EXPERIENCE AS AN
UNAUTHORIZED ALIEN.—
‘‘(A) IN GENERAL.—For purposes of this
subsection, work experience obtained in employ-
ment in the United States with respect to which
(and during the period for which) the alien was
an unauthorized alien (as defined in section
274A(h)(3)) shall not be taken into account, ex-
cept that work experience described in subpara-
graph (B) shall not be considered work experi-
ence as an unauthorized alien.
‘‘(B) WORK
EXPERIENCE
DESCRIBED.—
Work experience described in this subparagraph
is work experience—
‘‘(i) obtained in employment in the
United States by an alien—
‘‘(I) admitted as a nonimmigrant
student 
described 
in 
section
101(a)(15)(F)(i) or 101(a)(15)(M)(i);
‘‘(II) who failed to pursue a full
course of study; and
‘‘(III) who did not know, and did
not have reason to know, that such
failure was a violation of a condition
for the continuation of such non-
immigrant status; and
‘‘(ii) with respect to which (and dur-
ing the period for which) the alien relied in
good faith on an otherwise valid work au-
thorization, issued to the alien notwith-
standing the alien’s failure to pursue a full
course of study.’’.
(b) FOR
CLASSIFICATION
AS
AN
H–1B NON-
IMMIGRANT.—Section 214 of such Act (8 U.S.C. 1184)
is amended by adding at the end the following new sub-
section:
‘‘(n) Work experience obtained in employment in the
United States with respect to which (and during the pe-
riod for which) the alien was an unauthorized alien (as
defined in section 274A(h)(3)) shall not be taken into ac-
count in determining eligibility to be classified as a non-
immigrant under section 101(a)(15)(H)(i)(b).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to visas issued (and adjustments
and changes of status effected) on or after the date of
the enactment of this Act, regardless of whether the work
experience as an unauthorized alien occurred before, on,
or after such date.
Æ
(v) other activities that improve estu-
ary habitat.
(6) 
ESTUARY
HABITAT
RESTORATION
PROJECT.—The term ‘‘estuary habitat restoration
project’’ means an estuary habitat restoration activity
under consideration or selected by the Secretary, in
accordance with this Act, to be carried out or receive
technical assistance under this Act.
(7) ESTUARY
HABITAT
RESTORATION
STRAT-
EGY.—The term ‘‘estuary habitat restoration strat-
egy’’ means the estuary habitat restoration strategy
developed under section 7.
(8) ESTUARY
MANAGEMENT
OR
HABITAT
RES-
TORATION PLAN.—The term ‘‘estuary management or
habitat restoration plan’’ means any plan for restora-
tion of degraded estuary habitat that—
(A) was developed by, or in cooperation
with, a public body with the substantial partici-
pation of appropriate public and private stake-
holders; and
(B) reflects a community-based planning
process.
(9) FRESH WATER ESTUARY.—The term ‘‘fresh
water estuary’’ means all or part of the mouth of a
river or stream or other body of water having
SEC. 107. APPLICATIONS FOR ESTUARY HABITAT RESTORA-
TION PROJECTS.
(a) IN GENERAL.—An application for an estuary
habitat restoration project shall originate from a State or
other non-Federal entity and shall require the approval of
the appropriate State or local agencies, if such approval
is required under State or local laws.
(b) REVIEW BY REGIONAL COUNCILS.—
(1) IN GENERAL.—An application for an estu-
ary habitat restoration project shall first be sub-
mitted to the appropriate Regional Council for re-
view.
(2) 
TECHNICAL
ASSISTANCE.—A 
Regional
Council receiving an application from an applicant
under paragraph (1) shall provide, as necessary,
technical assistance to the applicant to ensure that
the application is complete.
(3) SELECTION.—A Regional Council shall se-
lect for each fiscal year those applications for estu-
ary habitat restoration projects that the Regional
Council determines are eligible for funding under the
factors specified in subsection (c) and shall transmit
such applications to the Council for further review.
(4) CONSIDERATION BY COUNCIL.—The Council
may provide financial assistance to an estuary habi-
tat restoration project under this Act only if the
unimpaired natural connection with the Great Lakes
and within which the Great Lakes water is measur-
ably diluted with water derived from land drainage.
(10) GREAT LAKES REGION.—The term ‘‘Great
Lakes region’’ means the region consisting of the
States of Illinois, Indiana, Michigan, Minnesota, New
York, Ohio, Pennsylvania, and Wisconsin.
(11) GULF
REGION.—The term ‘‘Gulf region’’
means the region consisting of the States of Florida,
Alabama, Mississippi, Louisiana, and Texas.
(12) MIDDLE
ATLANTIC
REGION.—The term
‘‘Middle Atlantic region’’ means the region consisting
of the States of New Jersey, Delaware, Maryland,
Pennsylvania, and Virginia and the District of Co-
lumbia.
(13) NORTHEAST REGION.—The term ‘‘Northeast
region’’ means the region consisting of the States of
Maine, New Hampshire, New York, Massachusetts,
Rhode Island, and Connecticut.
(14) NORTHWEST
REGION.—The term ‘‘North-
west region’’ means the region consisting of the States
of Oregon, Washington, and Alaska.
(15) REGIONAL COUNCIL.—The term ‘‘Regional
Council’’ means a Regional Council of the Estuary
Habitat Restoration Council established by section 6.
IIB
106TH CONGRESS
2D SESSION
H. R. 1775
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 13, 2000
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
To catalyze restoration of estuary habitat through more effi-
cient financing of projects and enhanced coordination
of Federal and non-Federal restoration programs, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
fish beds, sea grass meadows, kelp beds, river del-
tas, river and stream banks under tidal influ-
ence, and beds of submerged aquatic vegetation.
(5) ESTUARY
HABITAT
RESTORATION
ACTIV-
ITY.—
(A) IN GENERAL.—The term ‘‘estuary habi-
tat restoration activity’’ means an activity that
results in improving degraded estuary habitat
(including both physical and functional restora-
tion), with the goal of attaining a self-sustaining
system integrated into the surrounding land-
scape.
(B) INCLUDED ACTIVITIES.—The term ‘‘es-
tuary habitat restoration activity’’ includes—
(i) the reestablishment of physical fea-
tures and biological and hydrologic func-
tions;
(ii) except as provided in section
4(b)(3), the cleanup of contamination re-
lated to the restoration of estuary habitat;
(iii) the control of nonnative and
invasive species;
(iv) the reintroduction of native spe-
cies; and
‘‘(d) CREDIT USED ONLY FOR INDIVIDUAL SECU-
RITY ACCOUNT.—For purposes of this title, the credit al-
lowed under this section with respect to any part B eligible
individual—
‘‘(1) shall not be treated as a credit allowed
under this part, but
‘‘(2) shall be treated as an overpayment of tax
under section 6401(b)(3) which may, in accordance
with section 6402(l), only be transferred to an indi-
vidual security account established under part B of
title II of the Social Security Act with respect to
such individual.’’.
(2) CONTRIBUTION OF EITC AMOUNTS TO INDI-
VIDUAL SECURITY ACCOUNTS.—Section 32 of such
Code (relating to earned income) is amended by add-
ing at the end the following new subsection:
‘‘(o) CONTRIBUTION TO INDIVIDUAL SECURITY AC-
COUNT.—
‘‘(1) IN
GENERAL.—An eligible part B indi-
vidual who is allowed a credit under this section may
designate all or a portion of such credit as a con-
tribution to the individual security account estab-
lished on behalf of such individual.
‘‘(2) CREDIT USED ONLY FOR INDIVIDUAL SE-
CURITY ACCOUNT.—For purposes of this title, the
retary or by a State agency under an approved
State plan pursuant to section 623, in accord-
ance with regulations recommended by the con-
sensus committee and promulgated in accord-
ance with section 604(b), which process shall be
for the purpose of ensuring that the primary in-
spection agencies are discharging their duties
under this title; and
‘‘(B) may include the periodic inspection of
retail locations for transit damage, label tam-
pering, and retailer compliance with this title.’’.
(b) CONFORMING
AMENDMENTS.—The National
Manufactured Housing Construction and Safety Stand-
ards Act of 1974 is amended—
(1) in section 613 (42 U.S.C. 5412), by striking
‘‘dealer’’ each place it appears and inserting ‘‘re-
tailer’’;
(2) in section 614(f) (42 U.S.C. 5413(f)), by
striking ‘‘dealer’’ each place it appears and inserting
‘‘retailer’’;
(3) in section 615 (42 U.S.C. 5414)—
(A) in subsection (b)(1), by striking ‘‘deal-
er’’ and inserting ‘‘retailer’’;
(9) STATE GRANT FORMULAS.—For all State
grant programs subject to direct spending caps—
(A) the total amount of funds available for
all States shall be reduced by the amount re-
quired to be sequestered; and
(B) if States are projected to receive in-
creased funding in the budget year compared to
the immediately preceding fiscal year, seques-
tration shall first be applied to the estimated
increases before reductions are made compared
to actual payments to States in the previous
year—
(i) the reductions shall be applied first
to the total estimated increases for all
States; then
(ii) the uniform reduction shall be
made from each State’s grant; and
(iii) the uniform reduction shall apply
to the base funding levels available to
states in the immediately preceding fiscal
year only to the extent necessary to elimi-
nate any remaining excess over the appli-
cable direct spending cap.
(10) SPECIAL
RULE
FOR
CERTAIN
PRO-
GRAMS.—Except matters exempted under sec-
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HR 1776 RFS
‘‘(B) be based on and backed by a trust or
pool composed of notes or other obligations
guaranteed or eligible for guarantee by the Sec-
retary under this section.
‘‘(2) FULL FAITH AND CREDIT.—To the same
extent as provided in subsection (g), the full faith
and credit of the United States is pledged to the
payment of all amounts which may be required to be
paid under any guarantee by the Secretary under
this subsection.
‘‘(3) SUBROGATION.—In the event the Sec-
retary pays a claim under a guarantee issued under
this section, the Secretary shall be subrogated fully
to the rights satisfied by such payment.
‘‘(4) OTHER POWERS AND RIGHTS.—No State
or local law, and no Federal law, shall preclude or
limit the exercise by the Secretary of—
‘‘(A) the power to contract with respect to
public offerings and other sales of notes, trust
certificates, and other obligations guaranteed
under this section, upon such terms and condi-
tions as the Secretary deems appropriate;
‘‘(B) the right to enforce, by any means
deemed appropriate by the Secretary, any such
contract; and
122
HR 1776 RFS
the organization or consortia that is developing
five or more dwellings in connection with such
grant amounts’’; and
(2) in subsection (j), by inserting after ‘‘carry
out this section’’ the following: ‘‘and grant amounts
provided to a local affiliate of the organization or
consortia that is developing five or more dwellings in
connection with such grant amounts’’.
(d) TECHNICAL CORRECTIONS.—Section 11 of the
Housing Opportunity Program Extension Act of 1996 (42
U.S.C. 12805 note) is amended—
(1) in subsection (b)(4), by striking ‘‘Habitat
for Humanity International, its affiliates, and
other’’; and
(2) in subsection (e)(2), by striking ‘‘consoria’’
and inserting ‘‘consortia’’.
SEC. 607. HOUSING COUNSELING ORGANIZATIONS.
(a) EXTENSION OF PROGRAMS.—
(1) 
EMERGENCY
HOMEOWNERSHIP
COUN-
SELING.—Section 106(c)(9) of the Housing and
Urban Development Act of 1968 (12 U.S.C.
1701x(c)(9)) is amended by striking ‘‘September 30,
2000’’ and inserting ‘‘September 30, 2005’’.
(2) PREPURCHASE AND FORECLOSURE PREVEN-
TION
COUNSELING
DEMONSTRATION.—Section
181
HR 1776 RFS
under this section only if, not less than 15 days be-
fore that approval and before any commitment of
funds to such projects, the Director of the Depart-
ment of Hawaiian Home Lands submits to the Sec-
retary a request for such release accompanied by a
certification that meets the requirements of sub-
section (c).
‘‘(2) EFFECT OF APPROVAL.—The approval of
the Secretary of a certification described in para-
graph (1) shall be deemed to satisfy the responsibil-
ities of the Secretary under the National Environ-
mental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
and such other provisions of law as the regulations
of the Secretary specify to the extent that those re-
sponsibilities relate to the releases of funds for
projects that are covered by that certification.
‘‘(c) CERTIFICATION.—A certification under the pro-
cedures under this section shall—
‘‘(1) be in a form acceptable to the Secretary;
‘‘(2) be executed by the Director of the Depart-
ment of Hawaiian Home Lands;
‘‘(3) specify that the Department of Hawaiian
Home Lands has fully carried out its responsibilities
as described under subsection (a); and
‘‘(4) specify that the Director—
199
HR 1776 RFS
‘‘(C) limit the availability of payments
under this title to programs, projects, or activi-
ties not affected by such failure to comply.
‘‘(2) ACTIONS.—If the Secretary takes an ac-
tion under subparagraph (A), (B), or (C) of para-
graph (1), the Secretary shall continue that action
until the Secretary determines that the failure by
the Department to comply with the provision has
been remedied by the Department and the Depart-
ment is in compliance with that provision.
‘‘(b) NONCOMPLIANCE BECAUSE OF A TECHNICAL
INCAPACITY.—The Secretary may provide technical assist-
ance for the Department, either directly or indirectly, that
is designed to increase the capability and capacity of the
Director of the Department to administer assistance pro-
vided under this title in compliance with the requirements
under this title if the Secretary makes a finding under
subsection (a), but determines that the failure of the De-
partment to comply substantially with the provisions of
this title—
‘‘(1) is not a pattern or practice of activities
constituting willful noncompliance; and
‘‘(2) is a result of the limited capability or ca-
pacity of the Department of Hawaiian Home Lands.
‘‘(c) REFERRAL FOR CIVIL ACTION.—
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HR 1776 RFS
‘‘(1) AUTHORITY.—In lieu of, or in addition to,
any action that the Secretary may take under sub-
section (a), if the Secretary has reason to believe
that the Department of Hawaiian Home Lands has
failed to comply substantially with any provision of
this title, the Secretary may refer the matter to the
Attorney General of the United States with a rec-
ommendation that an appropriate civil action be in-
stituted.
‘‘(2) CIVIL ACTION.—Upon receiving a referral
under paragraph (1), the Attorney General may
bring a civil action in any United States district
court of appropriate jurisdiction for such relief as
may be appropriate, including an action—
‘‘(A) to recover the amount of the assist-
ance furnished under this title that was not ex-
pended in accordance with this title; or
‘‘(B) for mandatory or injunctive relief.
‘‘(d) REVIEW.—
‘‘(1) IN GENERAL.—If the Director receives no-
tice under subsection (a) of the termination, reduc-
tion, or limitation of payments under this Act, the
Director—
‘‘(A) may, not later than 60 days after re-
ceiving such notice, file with the United States
121
(b) DISCLOSURE REQUIREMENTS.—Section 4(a) of
the Homeowners Protection Act of 1998 (12 U.S.C.
4903(a)) is amended—
(1) in paragraph (1)—
(A) by striking ‘‘mortgage or’’ the first
place it appears; and
(B) by striking ‘‘mortgage or’’ the second
place it appears and inserting ‘‘residential’’;
and
(2) in paragraph (2), by striking ‘‘mortgage or’’
and inserting ‘‘residential’’.
(c) DISCLOSURE REQUIREMENTS FOR LENDER-PAID
MORTGAGE INSURANCE.—Section 6 of the Homeowners
Protection Act of 1998 (12 U.S.C. 4905) is amended—
(1) in subsection (c)—
(A) in the matter preceding paragraph (1),
by striking ‘‘a residential mortgage or’’;
(B) in paragraph (1)(B), by inserting
‘‘transaction’’ after ‘‘residential mortgage’’ each
place it appears; and
(C) in paragraph (2), by inserting ‘‘trans-
action’’ after ‘‘residential mortgage’’; and
(2) in subsection (d), by inserting ‘‘transaction’’
after ‘‘residential mortgage’’.
122
SEC. 1004. CLARIFICATION OF STATUS OF BALLOON MORT-
GAGE FINANCING.
Section 2(1) of the Homeowners Protection Act of
1998 (12 U.S.C. 4901(1)) is amended by adding at the
end the following new sentence: ‘‘A residential mortgage
that does not fully amortize over the term of the obligation
and contains a conditional right to refinance the
unamortized principal at the end of the term shall be con-
sidered to be an adjustable rate mortgage for purposes
of this Act on the basis of the rate change that may occur
at the end of the term if the borrower exercises the condi-
tional right to refinance.’’.
SEC. 1005. DISCLOSURE REQUIREMENTS.
(a) INCLUSION IN OTHER ANNUAL NOTICES.—Sec-
tion 4(c) of the Homeowners Protection Act of 1998 (12
U.S.C. 4903(c)) is amended by striking ‘‘subsection (b)
and paragraphs (1)(B) and (3) of subsection (a)’’ and in-
serting ‘‘subsections (a)(3) and (b)’’.
(b) STANDARDIZED FORMS.—Section 4(d) of the
Homeowners Protection Act of 1998 (12 U.S.C. 4903(d))
is amended by inserting before the period at the end the
following: ‘‘, which disclosures shall relate to the mortga-
gor’s rights under this Act’’.
Æ
(B) Federal and State laws relevant to im-
plementing the Convention; and
(C) any other matters necessary and ap-
propriate for implementation of the Convention;
(2) providing Federal agencies, State courts,
and accredited persons with an identification of Con-
vention countries and persons authorized to perform
functions under the Convention in each such coun-
try;
(3) facilitating the transmittal of other appro-
priate information to, and among, central authori-
ties, Federal and State agencies (including State
courts), and accredited persons; and
(4) taking other appropriate actions necessary
to implement the Convention.
(c) ADDITIONAL RESPONSIBILITIES.—The Secretary
of State—
(1) shall monitor individual Convention adop-
tion cases involving United States citizens;
(2) may facilitate interactions between such
citizens and officials of other Convention countries
on matters relating to the Convention in any case in
which an accredited person is unwilling or unable to
provide such facilitation; and