datamatters24/research-document-archive huggingface dataset:
H. R. 968
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
To amend title XVIII and XIX of the Social Security Act to permit a waiver
of the prohibition of offering nurse aide training and competency evaluation
programs in certain nursing facilities.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OFFERING
NURSE AIDE TRAINING AND COMPETENCY EVALUATION
PROGRAMS IN CERTAIN FACILITIES.
Section 1819(f)(2) of the Social Security Act (42 U.S.C. 1395i–
3(f)(2)) and section 1919(f)(2) of such Act (42 U.S.C. 1396r(f)(2))
are each amended—
(1) in subparagraph (B)(iii), by inserting ‘‘subject to
subparagraph (C),’’ after ‘‘(iii)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(C) WAIVER AUTHORIZED.—Clause (iii)(I) of subpara-
graph (B) shall not apply to a program offered in (but
not by) a nursing facility (or skilled nursing facility for
purposes of title XVIII) in a State if the State—
‘‘(i) determines that there is no other such program
offered within a reasonable distance of the facility,
‘‘(ii) assures, through an oversight effort, that an
adequate environment exists for operating the program
in the facility, and
H. R. 968—2
‘‘(iii) provides notice of such determination and
assurances to the State long-term care ombudsman.’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I
105TH CONGRESS
1ST SESSION
H. R. 968
To amend title XVIII and XIX of the Social Security Act to permit a
waiver of the prohibition of offering nurse aide training and competency
evaluation programs in certain nursing facilities.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1997
Mr. EHRLICH (for himself, Mr. BURR of North Carolina, and Mr. MINGE) in-
troduced the following bill; which was referred to the Committee on Ways
and Means, and in addition to the Committee on Commerce, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
A BILL
To amend title XVIII and XIX of the Social Security Act
to permit a waiver of the prohibition of offering nurse
aide training and competency evaluation programs in
certain nursing facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OF-
FERING NURSE AIDE TRAINING AND COM-
PETENCY EVALUATION PROGRAMS IN CER-
TAIN FACILITIES.
Section 1819(f)(2) of the Social Security Act (42
U.S.C. 1395i–3(f)(2)) and section 1919(f)(2) of such Act
(42 U.S.C. 1396r(f)(2)) are each amended—
(1) in subparagraph (B)(iii), by inserting ‘‘sub-
ject to subparagraph (C),’’ after ‘‘(iii)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) WAIVER
AUTHORIZED.—Clause (iii)
of subparagraph (B) shall not apply to a pro-
gram offered in (but not by) a nursing facility
in a State if the State—
‘‘(i) determines that there is no other
such program offered within a reasonable
distance of the facility,
‘‘(ii) assures, through an oversight ef-
fort, that an adequate environment exists
for operating the program in the facility,
and
‘‘(iii) provides notice of such deter-
mination and assurances to the State long-
term care ombudsman.’’.
Æ
IIA
105TH CONGRESS
1ST SESSION
H. R. 968
IN THE SENATE OF THE UNITED STATES
APRIL 9, 1997
Received; read twice and referred to the Committee on Finance
AN ACT
To amend title XVIII and XIX of the Social Security Act
to permit a waiver of the prohibition of offering nurse
aide training and competency evaluation programs in
certain nursing facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 968 RFS
SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OF-
FERING NURSE AIDE TRAINING AND COM-
PETENCY EVALUATION PROGRAMS IN CER-
TAIN FACILITIES.
Section 1819(f)(2) of the Social Security Act (42
U.S.C. 1395i–3(f)(2)) and section 1919(f)(2) of such Act
(42 U.S.C. 1396r(f)(2)) are each amended—
(1) in subparagraph (B)(iii), by inserting ‘‘sub-
ject to subparagraph (C),’’ after ‘‘(iii)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) 
WAIVER
AUTHORIZED.—Clause
(iii)(I) of subparagraph (B) shall not apply to
a program offered in (but not by) a nursing fa-
cility (or skilled nursing facility for purposes of
title XVIII) in a State if the State—
‘‘(i) determines that there is no other
such program offered within a reasonable
distance of the facility,
‘‘(ii) assures, through an oversight ef-
fort, that an adequate environment exists
for operating the program in the facility,
and
HR 968 RFS
‘‘(iii) provides notice of such deter-
mination and assurances to the State long-
term care ombudsman.’’.
Passed the House of Representatives April 8, 1997.
Attest:
ROBIN H. CARLE,
Clerk.
IB
Union Calendar No. 21
105TH CONGRESS
1ST SESSION
H. R. 968
[Report No. 105–23, Parts I and II]
To amend title XVIII and XIX of the Social Security Act to permit a
waiver of the prohibition of offering nurse aide training and competency
evaluation programs in certain nursing facilities.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1997
Mr. EHRLICH (for himself, Mr. BURR of North Carolina, and Mr. MINGE) in-
troduced the following bill; which was referred to the Committee on Ways
and Means, and in addition to the Committee on Commerce, for a period
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee
concerned
MARCH 13, 1997
Reported from the Committee on Ways and Means with amendments
[Omit the part struck through and insert the part printed in italic]
MARCH 13, 1997
Referral to the Committee on Commerce extended for a period ending not
later than March 18, 1997
MARCH 18, 1997
Reported from the Committee on Commerce with amendments, committed to
the Committee of the Whole House on the State of the Union, and or-
dered to be printed
[Omit the part struck through and insert the part printed in italic]
A BILL
To amend title XVIII and XIX of the Social Security Act
to permit a waiver of the prohibition of offering nurse
aide training and competency evaluation programs in
certain nursing facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PERMITTING WAIVER OF PROHIBITION OF OF-
FERING NURSE AIDE TRAINING AND COM-
PETENCY EVALUATION PROGRAMS IN CER-
TAIN FACILITIES.
Section 1819(f)(2) of the Social Security Act (42
U.S.C. 1395i–3(f)(2)) and section 1919(f)(2) of such Act
(42 U.S.C. 1396r(f)(2)) are each amended—
(1) in subparagraph (B)(iii), by inserting ‘‘sub-
ject to subparagraph (C),’’ after ‘‘(iii)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C) WAIVER
AUTHORIZED.—Clause (iii)
(iii)(I) of subparagraph (B) shall not apply to
a program offered in (but not by) a nursing fa-
cility (or skilled nursing facility for purposes of
title XVIII) in a State if the State—
‘‘(i) determines that there is no other
such program offered within a reasonable
distance of the facility,
‘‘(ii) assures, through an oversight ef-
fort, that an adequate environment exists
for operating the program in the facility,
and
‘‘(iii) provides notice of such deter-
mination and assurances to the State long-
term care ombudsman.’’.
Union Calendar No. 21
105TH CONGRESS
1ST SESSION
H. R. 968
[Report No. 105–23, Parts I and II]
A BILL
To amend title XVIII and XIX of the Social Secu-
rity Act to permit a waiver of the prohibition of
offering nurse aide training and competency eval-
uation programs in certain nursing facilities.
MARCH 18, 1997
Reported from the Committee on Commerce with amend-
ments, committed to the Committee of the Whole
House on the State of the Union, and ordered to be
printed
SEC. 5. ESTABLISHMENT OF TRIBAL TRUST FUNDS.
(a) IN GENERAL.—As a condition to receiving funds
distributed under section 4, each tribal governing body re-
ferred to in section 4(a) shall establish a trust fund for the
benefit of the covered Indian tribe under the jurisdiction
of that tribal governing body, consisting of—
(1) amounts deposited into the trust fund; and
(2) any interest and investment income that ac-
crues from investments made from amounts deposited
into the trust fund.
(b) TRUSTEE.—Each tribal governing body that estab-
lishes a trust fund under this section shall—
(1) serve as the trustee of the trust fund; and
(2) administer the trust fund in accordance with
section 6.
SEC. 6. USE OF DISTRIBUTED FUNDS.
(a) PROHIBITION.—No funds distributed to a covered
Indian tribe under section 4 may be used to make per cap-
ita payments to members of the covered Indian tribe.
(b) PURPOSES.—The funds distributed under section
4 may be used by a tribal governing body referred to in
section 4(a) only for the purpose of making investments or
expenditures that the tribal governing body determines to
be reasonably related to—
(1) economic development that is beneficial to the
covered Indian tribe;
(2) the development of resources of the covered
Indian tribe; or
(3) the development of a program that is bene-
ficial to members of the covered Indian tribe, includ-
ing educational and social welfare programs.
(c) AUDITS.—
(1) IN GENERAL.—The Secretary shall conduct
an annual audit to determine whether each tribal
governing body referred to in section 4(a) is manag-
ing the trust fund established by the tribal governing
body under section 5 in accordance with the require-
ments of this section.
(2) ACTION BY THE SECRETARY.—
(A) IN GENERAL.—If, on the basis of an
audit conducted under paragraph (1), the Sec-
retary determines that a covered Indian tribe is
not managing the trust fund established by the
tribal governing body under section 5 in accord-
ance with the requirements of this section, the
Secretary shall require the covered Indian tribe
to take remedial action to achieve compliance.
(B) APPOINTMENT OF INDEPENDENT TRUST-
EE.—If, after a reasonable period of time speci-
fied by the Secretary, a covered Indian tribe does
not take remedial action under subparagraph
SEC. 11. RURAL COMMUNITY ASSISTANCE.
(a) IN GENERAL.—At the request of the Governor
of the State of Maine, New Hampshire, New York, or Ver-
mont, the Secretary of Agriculture may provide technical
and financial assistance to the State, working in partner-
ship with the forest products industry, local communities,
and other interests to develop technical and marketing ca-
pacity within rural communities for realizing value-added
opportunities in the forest products sector.
(b) RURAL COMMUNITY ASSISTANCE PROGRAM.—
Sufficient funds from the rural community assistance pro-
gram under subsection (a) shall be directed to support
State-based public and private initiatives to—
(1) strengthen partnerships between the public
and private sectors and enhance the viability of rural
communities;
(2) develop technical capacity in the utilization
and marketing of value-added forest products; and
(3) develop extension capacity in delivering uti-
lization and marketing information to forest-based
businesses.
SEC. 12. NO NEW AUTHORITY TO REGULATE LAND USE.
Nothing in this Act creates new authority in any Fed-
eral agency to regulate the use of private or public land
in any State.
SEC. 13. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out sections 3, 4, 5, 6, 10, and
11 of this Act and section 2371 of the Rural Economic
Development Act of 1990 (7 U.S.C. 6601) in the States
of Maine, New Hampshire, New York, and Vermont.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 972
To amend the Agricultural Trade Act of 1978 to eliminate the market
access program.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1997
Mr. CHABOT (for himself, Mr. SCHUMER, Mr. PORTMAN, Mr. ROYCE, Mr.
MEEHAN, Mr. TAYLOR of Mississippi, Mr. KIND of Wisconsin, Mr.
BARRETT of Wisconsin, Mrs. MYRICK, Mr. OWENS, Mr. SHAYS, Mr.
DOYLE, 
Mr. 
SHADEGG, 
Mr. 
SANDERS, 
Mr. 
ANDREWS, 
Mr.
ROHRABACHER, Mr. SANFORD, Mr. OLVER, Mr. FOGLIETTA, Mr. KLECZ-
KA, Mr. NADLER, Mr. HINCHEY, Mr. RAMSTAD, Ms. RIVERS, and Mr.
WYNN) introduced the following bill; which was referred to the Committee
on Agriculture
A BILL
To amend the Agricultural Trade Act of 1978 to eliminate
the market access program.
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 ‘‘Market Access Pro-
gram Elimination Act’’.
SEC. 2. ELIMINATION OF MARKET ACCESS PROGRAM.
Section 203 of the Agricultural Trade Act of 1978
(7 U.S.C. 5623) is repealed.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 975
To remove a restriction on the authority of the Secretary of Agriculture
to enter into agreements with other Federal agencies to acquire goods
and services directly related to improving or utilizing the firefighting
capability of the Forest Service.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1997
Mr. GALLEGLY (for himself, Mr. CUNNINGHAM, Mr. MCKEON, and Mr.
SCHIFF) introduced the following bill; which was referred to the Commit-
tee on Agriculture
A BILL
To remove a restriction on the authority of the Secretary
of Agriculture to enter into agreements with other Fed-
eral agencies to acquire goods and services directly relat-
ed to improving or utilizing the firefighting capability
of the Forest Service.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ACQUISITION OF GOODS AND SERVICES RELAT-
ED TO FIREFIGHTING.
The Secretary of Agriculture, acting through the
Chief of the Forest Service, may place an order with a
HR 975 IH
major organizational unit within the Department of Agri-
culture or another Federal agency for goods or services
directly related to firefighting without regard to the re-
striction contained in section 1535(a)(4) of title 31, Unit-
ed States Code, that the Secretary determine that the
goods or services cannot be provided by contract as con-
veniently or cheaply by a commercial enterprise.
Æ
‘‘(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) for the calendar
year in which the taxable year begins.
‘‘(2) ROUNDING.—If any dollar amount (as in-
creased under paragraph (1)) is not a multiple of
$10, such dollar amount shall be increased to near-
est multiple of $10 (or, if such dollar amount is a
multiple of $5 and not of $10, such dollar amount
shall be increased to next higher multiple of $10).
‘‘(f) CUSTODIAL ACCOUNTS.—For purposes of this
section, a custodial account shall be treated as a trust if
the assets of such account are held by a bank (as defined
in section 408(n)) or another person who demonstrates,
to the satisfaction of the Secretary, that the manner in
which he will administer the account will be consistent
with the requirements of this section, and if the custodial
account would, except for the fact that it is not a trust,
constitute an individual investment account described in
subsection (b). For purposes of this title, in the case of
a custodial account treated as a trust by reason of the
preceding sentence, the custodian of such account shall be
treated as the trustee thereof.
Indian tribe, shall appoint an independent
trustee to manage the trust fund established by
the tribal governing body under section 5.
SEC. 7. EFFECT OF PAYMENTS TO COVERED INDIAN
TRIBES ON BENEFITS.
(a) IN GENERAL.—A payment made to a covered In-
dian tribe or an individual under this Act shall not—
(1) for purposes of determining the eligibility
for a Federal service or program of a covered Indian
tribe, household, or individual, be treated as income
or resources; or
(2) otherwise result in the reduction or denial
of any service or program to which, pursuant to
Federal law (including the Social Security Act (42
U.S.C. 301 et seq.)), the covered Indian tribe,
household, or individual would otherwise be entitled.
(b) TAX TREATMENT.—A payment made to a covered
Indian tribe or individual under this Act shall not be sub-
ject to any Federal or State income tax.
SEC. 
8. 
DISTRIBUTION 
OF 
FUNDS 
TO 
LINEAL
DESCENDANTS.
Not later than 1 year after the date of enactment
of this Act, of the funds described in section 3, the Sec-
retary shall, in the manner prescribed in section 202(c)
of Public Law 92–555 (25 U.S.C. 1300d–4(c)), distribute
an amount equal to $1,469,831.50 to the lineal descend-
ants of the Sisseton and Wahpeton Tribes of Sioux Indi-
ans.
Æ
NAFTA, the public welfare has been undermined by
increased imports of food products that do not meet
United 
States 
health 
standards. 
In 
addition,
NAFTA has accelerated the relocation of United
States manufacturing facilities to the United States-
Mexico border zone. Without adequate environ-
mental safeguards, the uncontrolled industrial and
population growth in the border zone has aggravated
pollution and health hazards, increasing the inci-
dence of infectious diseases and human exposure to
toxins.
(6) ILLEGAL DRUGS.—Rather than safeguard-
ing the public welfare, NAFTA has allowed the in-
creased flow of illegal drugs and controlled sub-
stances into the United States from Mexico. More
than half of all marijuana and 70 percent of cocaine
entering the United States now comes through Mex-
ico. NAFTA’s rules limit inspection of trucks cross-
ing the border into the United States, and the major
increase of Mexico to United States truck traffic has
provided a new route for drug smuggling. The Gen-
eral Accounting Office has reported that interdiction
efforts have had little, if any, impact on the overall
flow of drugs through Mexico into the United States.
‘‘(g) REPORTS.—The trustee of an individual invest-
ment account shall make such reports regarding such ac-
count to the Secretary and to the individual for whose ben-
efit the account is maintained with respect to contribu-
tions, distributions, and such other matters as the Sec-
retary may require under regulations. The reports re-
quired by this subsection shall be filed at such time and
in such manner and furnished to such individuals at such
time and in such manner as may be required by those reg-
ulations.’’
(b) DEDUCTION ALLOWED
IN ARRIVING
AT AD-
JUSTED GROSS INCOME.—Subsection (a) of section 62 of
such Code (defining adjusted gross income) is amended
by inserting after paragraph (16) the following new para-
graph:
‘‘(17) INDIVIDUAL INVESTMENT ACCOUNT CON-
TRIBUTIONS.—The deduction allowed by section 221
(relating to individual investment accounts).’’
(c) INDIVIDUAL INVESTMENT ACCOUNTS EXEMPT
FROM ESTATE TAX.—Part III of subchapter A of chapter
11 of such Code is amended by redesignating section 2046
as section 2047 and by inserting after section 2045 the
following new section:
I
105TH CONGRESS
1ST SESSION
H. R. 979
To amend the Internal Revenue Code of 1986 to increase the amount of
private activity bonds which may be issued in each State, and to index
such amount for inflation.
IN THE HOUSE OF REPRESENTATIVES
MARCH 6, 1997
Mrs. KENNELLY of Connecticut (for herself, Mr. HOUGHTON, Mr. ENGLISH
of Pennsylvania, and Mr. LAZIO of New York) introduced the following
bill; which was referred to the Committee on Ways and Means
A BILL
To amend the Internal Revenue Code of 1986 to increase
the amount of private activity bonds which may be issued
in each State, and to index such amount for inflation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INCREASE IN STATE CEILING ON PRIVATE AC-
TIVITY BONDS.
(a) REPEAL OF POST-1987 REDUCTION.—Subsection
(d) of section 146 of the Internal Revenue Code of 1986
(relating to State ceiling) is amended by striking para-
graph (2).
(b) ADJUSTMENT
OF
STATE
CEILING
FOR
IN-
CREASES IN COST-OF-LIVING.—Subsection (d) of section
146 of such Code is amended by inserting after paragraph
(1) the following new paragraph:
‘‘(2) COST-OF-LIVING ADJUSTMENT.—
‘‘(A) IN GENERAL.—In the case of a cal-
endar year after 1998, each of the dollar
amounts contained in paragraph (1) shall be in-
creased by an amount equal to—
‘‘(i) such dollar amount, multiplied by
‘‘(ii) the cost-of-living adjustment de-
termined under section 1(f)(3) for such
calendar year by substituting ‘calendar
year 1997’ for ‘calendar year 1992’ in sub-
paragraph (B) thereof.
‘‘(B) ROUNDING.—If any increase under
subparagraph (A) is not a multiple of the appli-
cable dollar amount, such increase shall be
rounded to the nearest applicable dollar
amount. For purposes of the preceding sen-
tence, the applicable dollar amount is—
‘‘(i) $1 in the case of an adjustment
of the $75 amount in paragraph (1)(A),
and
I
105TH CONGRESS
1ST SESSION
H. R. 97
To amend section 207 of title 18, United States Code, to prohibit Members
of Congress after leaving office from representing foreign governments
before the United States Government.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Mr. UPTON introduced the following bill; which was referred to the Committee
on the Judiciary
A BILL
To amend section 207 of title 18, United States Code, to
prohibit Members of Congress after leaving office from
representing foreign governments before the United
States Government.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PERMANENT RESTRICTION ON REPRESENTING
FOREIGN GOVERNMENTS.
(a) RESTRICTION.—Section 207(f) of title 18, United
States Code, is amended—
(1) in paragraph (1) by striking ‘‘Any’’ and in-
serting ‘‘Subject to paragraph (2), any’’;
HR 97 IH
(2) by redesignating paragraphs (2) and (3) as
paragraphs (3) and (4); and
(3) by inserting after paragraph (1) the follow-
ing:
‘‘(2) ADDITIONAL RESTRICTIONS FOR MEMBERS
OF CONGRESS.—Any person who is a Member of
Congress and who, after that person leaves office as
such Member—
‘‘(A) represents a foreign government be-
fore any officer or employee of any department
or agency of the United States with the intent
to influence a decision of such officer or em-
ployee in carrying out the officer’s or employ-
ee’s official duties; or
‘‘(B) aids or advises a foreign government
with the intent to influence a decision of any of-
ficer or employee of the United States in carry-
ing out the officer’s or employee’s official du-
ties;
shall be punished as provided in section 216 of this
title.’’.
(b) DEFINITIONS.—Section 207(f)(4) of title 18,
United States Code, as redesignated by subsection (a)(2)
of this section, is amended to read as follows:
HR 97 IH
‘‘(3) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) the term ‘foreign entity’ means the
government of a foreign country as defined in
section 1(e) of the Foreign Agents Registration
Act of 1938 or a foreign political party as de-
fined in section 1(f) of that Act; and
‘‘(B) the term ‘foreign government’ means
the government of a foreign country as defined
in section 1(e) of the Foreign Agents Registra-
tion Act of 1938.’’.
SEC. 2. EFFECTIVE DATE.
(a) IN GENERAL.—The amendments made by this
Act shall take effect 180 days after the date of the enact-
ment of this Act.
(b) APPLICABILITY.—The amendments made by this
Act shall apply to any person whose service as a Member
of Congress (as defined in section 202(d) of title 18, Unit-
ed States Code) terminates before, on, or after the effec-
tive date set forth in subsection (a), but shall not apply
to activities prohibited by such amendments which are
conducted before such effective date.
Æ