datamatters24/research-document-archive huggingface dataset:
(b) TABLE OF CONTENTS.—
Sec. 1. Short title.
TITLE I—PENSION REFORM
Sec. 101. Pension integration rules.
Sec. 102. Application of minimum coverage requirements with respect to sepa-
rate lines of business.
Sec. 103. Division of pension benefits upon divorce.
Sec. 104. Clarification of continued availability of remedies relating to matters
treated in domestic relations orders entered before 1985.
Sec. 105. Entitlement of divorced spouses to railroad retirement annuities inde-
pendent of actual entitlement of employee.
Sec. 106. Effective dates.
TITLE II—PROTECTION OF RIGHTS OF FORMER SPOUSES TO
PENSION BENEFITS UNDER CERTAIN GOVERNMENT AND GOV-
ERNMENT-SPONSORED RETIREMENT PROGRAMS
Sec. 201. Extension of tier II railroad retirement benefits to surviving former
spouses pursuant to divorce agreements.
Sec. 202. Survivor annuities for widows, widowers, and former spouses of Fed-
eral employees who die before attaining age for deferred annu-
ity under civil service retirement system.
Sec. 203. Court orders relating to Federal retirement benefits for former
spouses of Federal employees.
TITLE III—REFORMS RELATED TO 401(K) PLANS
Sec. 301. Requirement of annual, detailed investment reports applied to certain
401(k) plans.
Sec. 302. Section 401(k) investment protection.
TITLE IV—MODIFICATIONS OF JOINT AND SURVIVOR ANNUITY
REQUIREMENTS
Sec. 401. Modifications of joint and survivor annuity requirements.
TITLE V—SPOUSAL CONSENT REQUIRED FOR DISTRIBUTIONS
FROM SECTION 401(K) PLANS
Sec. 501. Spousal consent required for distributions from section 401(k) plans.
TITLE VI—WOMEN’S PENSION TOLL-FREE PHONE NUMBER
Sec. 601. Women’s pension toll-free phone number.
TITLE VII—PERIODIC PENSION BENEFITS STATEMENTS
Sec. 701. Periodic pension benefits statements.
SEC. 31. DISCHARGE.
Paragraphs (1), (2), and (3) of section 1328(a) of title
11, United States Code, are amended to read as follows:
‘‘(1) provided for under section 1322(b)(5) of this
title;
‘‘(2) of the kind specified in paragraph (5), (8),
or (9) of section 523(a) of this title; or
‘‘(3) for restitution, or a criminal fine, included
in a sentence on the debtor’s conviction of a crime.’’.
SEC. 32. BANKRUPTCY CASES AND PROCEEDINGS.
Section 1334(d) of title 28, United States Code, is
amended—
(1) by striking ‘‘made under this subsection’’ and
inserting ‘‘made under subsection (c)’’, and
(2) by striking ‘‘This subsection’’ and inserting
‘‘Subsection (c) and this subsection’’.
SEC. 33. KNOWING DISREGARD OF BANKRUPTCY LAW OR
RULE.
Section 156(a) of title 18, United States Code, is
amended—
(1) in the first undesignated paragraph—
(A) by inserting ‘‘(1) the term’’ before
‘‘ ‘bankruptcy’’, and
(B) by striking the period at the end and
inserting ‘‘; and’’, and
(2) in the second undesignated paragraph—
(A) by inserting ‘‘(2) the term’’ before ‘‘ ‘doc-
ument’’, and
(B) by striking ‘‘this title’’ and inserting
‘‘title 11’’.
SEC. 34. EFFECTIVE DATE; APPLICATION OF AMENDMENTS.
(a) EFFECTIVE DATE.—Except as provided in sub-
section (b), this Act and the amendments made by this Act
shall take effect on the date of the enactment of this Act.
(b) APPLICATION OF AMENDMENTS.—The amendments
made by this Act shall apply only with respect to cases com-
menced under title 11 of the United States Code on or after
the date of the enactment of this Act.
In the Senate of the United States,
July 17, 1998.
Resolved, That the bill from the House of Representa-
tives (H.R. 765) entitled ‘‘An Act to ensure maintenance of
a herd of wild horses in Cape Lookout National Seashore.’’,
do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. MAINTENANCE OF WILD HORSES IN CAPE
LOOKOUT NATIONAL SEASHORE.
Section 5 of the Act entitled ‘‘An Act to provide for
the establishment of the Cape Lookout National Seashore
in the State of North Carolina, and for other purposes’’,
approved March 10, 1966 (Public Law 89–366; 16 U.S.C.
459g–4), is amended by inserting ‘‘(a)’’ after ‘‘Sec. 5.’’, and
by adding at the end the following new subsection:
‘‘(b)(1) The Secretary, in accordance with this sub-
section, shall allow a herd of 100 free roaming horses in
Cape Lookout National Seashore (hereinafter referred to as
HR 765 EAS
the ‘Seashore’): Provided, That nothing in this section shall
be construed to preclude the Secretary from implementing
or enforcing the provisions of paragraph (3).
‘‘(2) Within 180 days after enactment of this sub-
section, the Secretary shall enter into an agreement with
the Foundation for Shackleford Horses (a nonprofit cor-
poration established under the laws of the State of North
Carolina), or another qualified nonprofit entity, to provide
for management of free roaming horses in the seashore. The
agreement shall—
‘‘(A) provide for cost-effective management of the
horses while ensuring that natural resources within
the seashore are not adversely impacted; and,
‘‘(B) allow the authorized entity to adopt any of
those horses that the Secretary removes from the sea-
shore.
‘‘(3) The Secretary shall not remove, assist in, or per-
mit the removal of any free roaming horses from Federal
lands within the boundaries of the seashore—
‘‘(A) unless the entity with whom the Secretary
has entered into the agreement under paragraph (2),
following notice and a 90-day response period, fails
to meet the terms and conditions of the agreement; or
HR 765 EAS
‘‘(B) unless the number of free roaming horses on
Federal lands within Cape Lookout National Seashore
exceeds 110; or
‘‘(C) except in the case of an emergency, or to
protect public health and safety.
‘‘(4) The Secretary shall annually monitor, assess, and
make available to the public findings regarding the popu-
lation, structure, and health of the free roaming horses in
the national seashore.
‘‘(5) Nothing in this subsection shall be construed to
require the Secretary to replace horses or otherwise increase
the number of horses within the boundaries of the seashore
where the herd numbers fall below 100 as a result of natural
causes, including, but not limited to, disease or natural dis-
asters.
‘‘(6) Nothing in this subsection shall be construed as
creating liability for the United States for any damages
caused by the free roaming horses to property located inside
or outside the boundaries of the seashore.’’.
Attest:
Secretary.
TITLE I—PENSION REFORM
SEC. 101. PENSION INTEGRATION RULES.
(a) APPLICABILITY OF NEW INTEGRATION RULES
EXTENDED TO ALL EXISTING ACCRUED BENEFITS.—
Notwithstanding subsection (c)(1) of section 1111 of the
Tax Reform Act of 1986 (relating to effective date of ap-
plication of nondiscrimination rules to integrated plans)
(100 Stat. 2440), effective for plan years beginning after
the date of the enactment of this Act, the amendments
made by subsection (a) of such section 1111 shall also
apply to benefits attributable to plan years beginning on
or before December 31, 1988.
(b) INTEGRATION DISALLOWED
FOR SIMPLIFIED
EMPLOYEE PENSIONS.—
(1) IN GENERAL.—Subparagraph (D) of section
408(k)(3) of the Internal Revenue Code of 1986 (re-
lating to permitted disparity under rules limiting
discrimination under simplified employee pensions)
is repealed.
(2) CONFORMING AMENDMENT.—Subparagraph
(C) of such section 408(k)(3) is amended by striking
‘‘and except as provided in subparagraph (D),’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to taxable
years beginning on or after January 1, 1998.
105TH CONGRESS
1ST SESSION
H. R. 765
AN ACT
To ensure maintenance of a herd of wild horses in
Cape Lookout National Seashore.
105TH CONGRESS
1ST SESSION
H. R. 765
AN ACT
To ensure maintenance of a herd of wild horses in Cape
Lookout National Seashore.
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 ‘‘Shackleford Banks
Wild Horses Protection Act’’.
SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT
NATIONAL SEASHORE.
Section 5 of the Act entitled ‘‘An Act to provide for
the establishment of the Cape Lookout National Seashore
in the State of North Carolina, and for other purposes’’,
approved March 10, 1966 (16 U.S.C. 459g–4), is amended
by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’, and by adding at the
end the following new subsection:
‘‘(b)(1) The Secretary, in accordance with this sub-
section, shall allow a herd of free roaming horses in the
seashore.
‘‘(2) Within 180 days after enactment of this sub-
section, the Secretary shall enter into an agreement with
the Foundation for Shackleford Horses (a nonprofit cor-
poration established under the laws of the State of North
Carolina) to provide for management of free roaming
horses in the seashore. The agreement shall—
‘‘(A) provide for cost-effective management of
the horses; and
‘‘(B) allow the Foundation to adopt any of
those horses that the Secretary removes from the
seashore.
‘‘(3)(A) The Secretary shall accommodate the historic
population level of the free roaming horse herd in the sea-
shore, which shall be considered to be not less than 100
horses and not more than 110 horses.
‘‘(B) The Secretary may not remove, or assist in or
permit the removal of, any free roaming horses from Fed-
eral lands within the boundaries of the seashore unless—
‘‘(i) the number of free roaming horses in the
seashore exceeds 110;
‘‘(ii) there is an emergency or a need to protect
public health and safety, as defined in the agreement
under paragraph (2); or
‘‘(iii) there is concern for the persistence and
viability of the horse population that is cited in the
most recent findings of annual monitoring of the
horses under paragraph (4).
‘‘(4) The Secretary shall annually monitor, assess,
and make available to the public findings regarding the
population structure and health of the free roaming horses
in the national seashore.
‘‘(5) Nothing in this subsection shall be construed as
creating liability for the United States for any damages
caused by the free roaming horses to property located in-
side or outside the boundaries of the seashore.’’.
Passed the House of Representatives July 22, 1997.
Attest:
Clerk.
H. R. 765
One Hundred Fifth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-eight
An Act
To ensure maintenance of a herd of wild horses in Cape Lookout National Seashore.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT
NATIONAL SEASHORE.
Section 5 of the Act entitled ‘‘An Act to provide for the establish-
ment of the Cape Lookout National Seashore in the State of North
Carolina, and for other purposes’’, approved March 10, 1966 (Public
Law 89–366; 16 U.S.C. 459g–4), is amended by inserting ‘‘(a)’’
after ‘‘Sec. 5.’’, and by adding at the end the following new sub-
section:
‘‘(b)(1) The Secretary, in accordance with this subsection, shall
allow a herd of 100 free roaming horses in Cape Lookout National
Seashore (hereinafter referred to as the ‘Seashore’): Provided, That
nothing in this section shall be construed to preclude the Secretary
from implementing or enforcing the provisions of paragraph (3).
‘‘(2) Within 180 days after enactment of this subsection, the
Secretary shall enter into an agreement with the Foundation for
Shackleford Horses (a nonprofit corporation established under the
laws of the State of North Carolina), or another qualified nonprofit
entity, to provide for management of free roaming horses in the
seashore. The agreement shall—
‘‘(A) provide for cost-effective management of the horses
while ensuring that natural resources within the seashore are
not adversely impacted; and
‘‘(B) allow the authorized entity to adopt any of those
horses that the Secretary removes from the seashore.
‘‘(3) The Secretary shall not remove, assist in, or permit the
removal of any free roaming horses from Federal lands within
the boundaries of the seashore—
‘‘(A) unless the entity with whom the Secretary has entered
into the agreement under paragraph (2), following notice and
a 90-day response period, fails to meet the terms and conditions
of the agreement; or
‘‘(B) unless the number of free roaming horses on Federal
lands within Cape Lookout National Seashore exceeds 110;
or
‘‘(C) except in the case of an emergency, or to protect
public health and safety.
‘‘(4) The Secretary shall annually monitor, assess, and make
available to the public findings regarding the population, structure,
and health of the free roaming horses in the national seashore.
the numerator of which is the period of participation
by the participant under the plan starting with the
date of marriage and ending with the date of di-
vorce, and the denominator of which is the total pe-
riod of participation by the participant under the
plan.
‘‘(III) Each plan shall establish reasonable rules
for determining how any such deemed domestic rela-
tions order is to be interpreted under the plan so as
to constitute a qualified domestic relations order
that satisfies subparagraphs (C) through (E) (and a
copy of such rules shall be provided to such former
spouse promptly after delivery of the divorce decree).
Such rules—
‘‘(aa) may delay the effect of such an order
until the earlier of the date the participant is
fully vested or has terminated employment,
‘‘(bb) may allow the former spouse to be
paid out immediately,
‘‘(cc) shall permit the spouse to be paid
not later than the earliest retirement age under
the plan or the participant’s death,
‘‘(dd) may require the submitter of the di-
vorce decree to present a marriage certificate or
I
105TH CONGRESS
1ST SESSION
H. R. 765
To ensure maintenance of a herd of wild horses in Cape Lookout National
Seashore.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 1997
Mr. JONES introduced the following bill; which was referred to the Committee
on Resources
A BILL
To ensure maintenance of a herd of wild horses in Cape
Lookout National Seashore.
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 ‘‘Shackleford Banks
Wild Horses Protection Act’’.
SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT
NATIONAL SEASHORE.
Section 5 of the Act entitled ‘‘An Act to provide for
the establishment of the Cape Lookout National Seashore
in the State of North Carolina, and for other purposes’’,
approved March 10, 1966 (16 U.S.C. 459g–4), is amended
by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’, and by adding at the
end the following new subsection:
‘‘(b)(1) The Secretary, in accordance with this sub-
section, shall allow a herd of free roaming horses in the
seashore.
‘‘(2) Within 180 days after enactment of this sub-
section, the Secretary shall enter into an agreement with
the Foundation for Shackleford Horses (a nonprofit cor-
poration established under the laws of the State of North
Carolina) to provide for management of free roaming
horses in the seashore. The agreement shall—
‘‘(A) provide for cost-effective management of
the horses; and
‘‘(B) allow the Foundation to adopt any of
those horses that the Secretary removes from the
seashore.
‘‘(3)(A) The Secretary shall accommodate the historic
population level of the free roaming horse herd in the sea-
shore, which shall be considered to be not less than 100
horses and not more than 110 horses.
‘‘(B) The Secretary may not remove, or assist in or
permit the removal of, any free roaming horses from Fed-
eral lands within the boundaries of the seashore unless—
‘‘(i) the number of free roaming horses in the
seashore exceeds 110;
‘‘(ii) there is an emergency or a need to protect
public health and safety, as defined in the agreement
under paragraph (2); or
‘‘(iii) there is concern for the persistence and
viability of the horse population that is cited in the
most recent findings of annual monitoring of the
horses under paragraph (4).
‘‘(4) The Secretary shall annually monitor, assess,
and make available to the public findings regarding the
population structure and health of the free roaming horses
in the national seashore.
‘‘(5) Nothing in this subsection shall be construed as
creating liability for the United States for any damages
caused by the free roaming horses to property located in-
side or outside the boundaries of the seashore.’’.
Æ
IIA
105TH CONGRESS
1ST SESSION
H. R. 765
IN THE SENATE OF THE UNITED STATES
JULY 23, 1997
Received
SEPTEMBER 3, 1997
Read twice and referred to the Committee on Energy and Natural Resources
AN ACT
To ensure maintenance of a herd of wild horses in Cape
Lookout National Seashore.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 765 RFS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Shackleford Banks
Wild Horses Protection Act’’.
SEC. 2. MAINTENANCE OF WILD HORSES IN CAPE LOOKOUT
NATIONAL SEASHORE.
Section 5 of the Act entitled ‘‘An Act to provide for
the establishment of the Cape Lookout National Seashore
in the State of North Carolina, and for other purposes’’,
approved March 10, 1966 (16 U.S.C. 459g–4), is amended
by inserting ‘‘(a)’’ after ‘‘SEC. 5.’’, and by adding at the
end the following new subsection:
‘‘(b)(1) The Secretary, in accordance with this sub-
section, shall allow a herd of free roaming horses in the
seashore.
‘‘(2) Within 180 days after enactment of this sub-
section, the Secretary shall enter into an agreement with
the Foundation for Shackleford Horses (a nonprofit cor-
poration established under the laws of the State of North
Carolina) to provide for management of free roaming
horses in the seashore. The agreement shall—
‘‘(A) provide for cost-effective management of
the horses; and
‘‘(B) allow the Foundation to adopt any of
those horses that the Secretary removes from the
seashore.
HR 765 RFS
‘‘(3)(A) The Secretary shall accommodate the historic
population level of the free roaming horse herd in the sea-
shore, which shall be considered to be not less than 100
horses and not more than 110 horses.
‘‘(B) The Secretary may not remove, or assist in or
permit the removal of, any free roaming horses from Fed-
eral lands within the boundaries of the seashore unless—
‘‘(i) the number of free roaming horses in the
seashore exceeds 110;
‘‘(ii) there is an emergency or a need to protect
public health and safety, as defined in the agreement
under paragraph (2); or
‘‘(iii) there is concern for the persistence and
viability of the horse population that is cited in the
most recent findings of annual monitoring of the
horses under paragraph (4).
‘‘(4) The Secretary shall annually monitor, assess,
and make available to the public findings regarding the
population structure and health of the free roaming horses
in the national seashore.
‘‘(5) Nothing in this subsection shall be construed as
creating liability for the United States for any damages
‘‘(B) The Secretary may not remove, or assist in or
permit the removal of, any free roaming horses from Fed-
eral lands within the boundaries of the seashore unless—
‘‘(i) the number of free roaming horses in the
seashore exceeds 110;
‘‘(ii) there is an emergency or a need to protect
public health and safety, as defined in the agreement
under paragraph (2); or
‘‘(iii) there is concern for the persistence and
viability of the horse population that is cited in the
most recent findings of annual monitoring of the
horses under paragraph (4).
‘‘(4) The Secretary shall annually monitor, assess,
and make available to the public findings regarding the
population structure and health of the free roaming horses
in the national seashore.
‘‘(5) Nothing in this subsection shall be construed as
creating liability for the United States for any damages
caused by the free roaming horses to property located in-
side or outside the boundaries of the seashore.’’.
Union Calendar No. 111
105TH CONGRESS
1ST SESSION
H. R. 765
[Report No. 105–179]
A BILL
To ensure maintenance of a herd of wild horses in
Cape Lookout National Seashore.
JULY 14, 1997
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
HR 787 IH
‘‘(2) Federal, State, or local government agen-
cies charged with law enforcement duties that re-
quire its officers to possess handguns;
‘‘(3) registered security guard services, and em-
ployees of such services who are performing duties
as security guards;
‘‘(4) licensed handgun clubs; or
‘‘(5) members of a licensed handgun club who
are participating in otherwise lawful activities of the
club.
‘‘(c) APPROVED TRANSACTIONS.—Pursuant to regu-
lations issued by the Secretary, the Secretary may approve
the manufacture, importation, sale, purchase, transfer, re-
ceipt, ownership, possession, transportation, and use of a
handgun or handgun ammunition by licensed manufactur-
ers, licensed importers, and licensed dealers as necessary
to meet the lawful requirements of the persons and entities
described in subsection (b).
‘‘§ 943. Licensing of handgun clubs
‘‘(a) HANDGUN CLUBS.—Pursuant to regulations is-
sued by the Secretary, the Secretary may issue a license
to a handgun club if—
‘‘(1) no member of the handgun club is a per-
son whose membership and participation in the club
is in violation of State or local law;
HR 787 IH
‘‘(2) no member of the handgun club is prohib-
ited from transporting, shipping, or receiving fire-
arms or ammunition in interstate or foreign com-
merce under section 922 (g) or (h);
‘‘(3) no member of the handgun club has will-
fully violated this chapter or any regulations issued
under this chapter;
‘‘(4) the handgun club has not willfully failed to
disclose any material information required, and has
not made any false statement as to any material fact
in connection with its application;
‘‘(5) the handgun club has been founded and is
operated for bona fide target shooting;
‘‘(6) the handgun club—
‘‘(A) has a single, established premises
from which it operates;
‘‘(B) has procedures for supervising the
use of handguns by its members at all times;
‘‘(C)(i) has procedures and has facilities on
its premises for keeping the handguns in a se-
cure place, under the control of a designated of-
ficer of the club, at all times when the hand-
guns are not being used by its members; and
‘‘(ii) has made arrangements for the stor-
age of the members’ handguns in a facility of
‘‘(d) Each administrator of a plan to which more than
1 unaffiliated employer is required to contribute shall fur-
nish to any plan participant or beneficiary who so requests
in writing, a statement described in subsection (a).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to plan years beginning after the
earlier of—
(1) the date of issuance by the Secretary of
Labor of regulations providing guidance for simplify-
ing defined benefit plan calculations with respect to
the information required under section 105 of the
Employee Retirement Income Security Act of 1974
(29 U.S.C. 1025), or
(2) December 31, 1997.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 768
To restrict the Food and Drug Administration from penalizing retailers for
face-to-face tobacco sales that are in accordance with State law.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 13, 1997
Mr. LAHOOD (for himself, Mr. EHRLICH, and Mr. MARTINEZ) introduced the
following bill; which was referred to the Committee on Commerce
A BILL
To restrict the Food and Drug Administration from penaliz-
ing retailers for face-to-face tobacco sales that are in
accordance with State law.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. IDENTIFICATION AND TOBACCO SALES.
If a State has in effect a law which prohibits the sale
of cigarettes and smokeless tobacco products to individuals
under age 18 or 19, the Secretary of Health and Human
Services may not, through the Food and Drug Administra-
tion, take enforcement action against a retailer of ciga-
rettes and smokeless tobacco products for the sale in such
State of cigarettes or smokeless tobacco products if such
a sale is a face-to-face transaction and is conducted in ac-
cordance with such State law to an individual who is of
legal age.
Æ