datamatters24/research-document-archive huggingface dataset:
under this subsection in the same manner as they
apply to a penalty or proceeding under section
1128A(a) of such Act.
(f) HEALTH PLAN.—
(1) IN GENERAL.—As used in this section, the
term ‘‘health plan’’ means any plan or arrangement
which provides, or pays the cost of, health benefits.
(2) EXCLUSIONS.—Such term does not include
the following, or any combination thereof:
(A) Coverage only for accidental death or
dismemberment.
(B) Coverage providing wages or payments
in lieu of wages for any period during which the
employee is absent from work on account of
sickness or injury.
(C) A medicare supplemental policy (as de-
fined in section 1882(g)(1) of the Social Secu-
rity Act).
(D) Coverage issued as a supplement to li-
ability insurance.
(E) Worker’s compensation or similar in-
surance.
(F) Automobile medical-payment insur-
ance.
this Act applies. Section 3716 of title 31, United
States Code, may be applied to an obligation the en-
forcement of which is not barred by this Act, but
may not be applied to any obligation the enforce-
ment of which is barred by this Act.
‘‘(c) OBLIGATION BECOMES DUE.—
‘‘(1) IN GENERAL.—For purposes of this Act,
an obligation becomes due when the right to enforce
the obligation is fixed.
‘‘(2) ROYALTY OBLIGATIONS.—The right to en-
force any royalty obligation for any given production
month for a lease is fixed for purposes of this Act
on the last day of the calendar month following the
month in which oil or gas is produced.
‘‘(d) TOLLING OF LIMITATION PERIOD.—The run-
ning of the limitation period under subsection (b) shall
not be suspended, tolled, extended, or enlarged for any ob-
ligation for any reason by any action, including an action
by the Secretary or a delegated State, other than the fol-
lowing:
‘‘(1) TOLLING AGREEMENT.—A written agree-
ment executed during the limitation period between
the Secretary or a delegated State and a lessee or
its designee (with notice to the lessee who designated
the designee) shall toll the limitation period for the
(G) A long-term care policy, including a
nursing home fixed indemnity policy (unless the
Secretary determines that such a policy pro-
vides sufficiently comprehensive coverage of a
benefit so that it should be treated as a health
plan).
(H) Such other plan or arrangement as the
Secretary of Health and Human Services deter-
mines is not a health plan.
(3) CERTAIN PLANS INCLUDED.—Such term in-
cludes any plan or arrangement not described in any
subparagraph of paragraph (2) which provides for
benefit payments, on a periodic basis, for—
(A) a specified disease or illness, or
(B) period of hospitalization,
without regard to the costs incurred or services ren-
dered during the period to which the payments re-
late.
SEC. 3. EFFECTIVE DATE.
The provisions of section 2 shall apply to all health
plans offered, sold, issued, or renewed after the date of
the enactment of this Act.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 196
To eliminate automatic pay adjustments for Members of Congress.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mrs. ROUKEMA introduced the following bill; which was referred to the Com-
mittee on Government Reform and Oversight and, in addition, to the
Committee on House Oversight, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To eliminate automatic pay adjustments for Members of
Congress.
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 ‘‘Congressional Pay
Reform Act of 1995’’.
SEC. 2. ELIMINATION OF AUTOMATIC PAY ADJUSTMENTS.
Section 601(a) of the Legislative Reorganization Act
of 1946 (2 U.S.C. 31) is amended to read as follows:
‘‘SEC. 601. (a) Until adjusted under section 225 of
the Federal Salary Act of 1967 or any other provision of
law, the annual rate of pay for—
‘‘(1) each Senator, Member of the House of
Representatives, and Delegate to the House of Rep-
resentatives, and the Resident Commissioner from
Puerto Rico,
‘‘(2) the President pro tempore of the Senate,
the majority leader and the minority leader of the
Senate, and the majority leader and the minority
leader of the House of Representatives, and
‘‘(3) the Speaker of the House of Representa-
tives,
shall be the rate payable for such position as of the date
of the enactment of the Congressional Pay Reform Act
of 1995.’’.
Æ
‘‘(32) ‘underpayment’ means any payment or
nonpayment by a lessee or its designee that is less
than the amount legally required to be paid on an
obligation; and
‘‘(33) ‘United States’ means the United States
Government and any department, agency, or instru-
mentality thereof, the several States, the District of
Columbia, and the territories of the United States.’’.
SEC. 3. DELEGATION OF ROYALTY COLLECTIONS AND RE-
LATED ACTIVITIES.
(a) GENERAL AUTHORITY.—Section 205 of the Fed-
eral Oil and Gas Royalty Management Act of 1982 (30
U.S.C. 1735) is amended to read as follows:
‘‘SEC. 205. DELEGATION OF ROYALTY COLLECTIONS AND
RELATED ACTIVITIES.
‘‘(a) Upon written request of any State, the
Secretary is authorized to delegate, in accordance
with the provisions of this section, all or part of the
authorities and responsibilities of the Secretary
under this Act to:
‘‘(1) conduct inspections, audits, and investiga-
tions;
‘‘(2) receive and process production and finan-
cial reports;
‘‘(3) correct erroneous report data;
date of the enactment of this Act, and shall take effect
upon the expiration of such period.
Æ
‘‘(18) ‘assessment’ means any fee or charge lev-
ied or imposed by the Secretary or the United States
other than—
‘‘(A) the principal amount of any royalty,
minimum royalty, rental, bonus, net profit
share or proceed of sale;
‘‘(B) any interest; and
‘‘(C) any civil or criminal penalty;
‘‘(19) ‘commence’ means—
‘‘(A) with respect to a judicial proceeding,
the service of a complaint, petition, counter-
claim, cross-claim, or other pleading seeking af-
firmative relief or seeking offset or recoupment;
‘‘(B) with respect to an administrative pro-
ceeding—
‘‘(i) the receipt by a lessee of an order
to pay issued by the Secretary, or
‘‘(ii) the receipt by the Secretary of a
written request or demand by a lessee, or
any person acting on behalf of a lessee
which asserts an obligation due the lessee;
‘‘(20) ‘credit’ means the method by which an
overpayment is utilized to discharge, cancel, reduce
or offset an obligation in whole or in part;
‘‘(21) ‘obligation’ means a duty of the Sec-
retary, the United States, or a lessee—
‘‘(A) to deliver or take oil or gas in kind;
or
‘‘(B) to pay, refund, credit or offset mon-
ies, including (but not limited to) a duty to cal-
culate, determine, report, pay, refund, credit or
offset—
‘‘(i) the principal amount of any roy-
alty, minimum royalty, rental, bonus, net
profit share or proceed of sale;
‘‘(ii) any interest;
‘‘(iii) any penalty; or
‘‘(iv) any assessment,
which arises from or relates to any lease admin-
istered by the Secretary for, or any mineral
leasing law related to, the exploration, produc-
tion and development of oil or gas on Federal
lands or the Outer Continental Shelf;
‘‘(22) ‘offset’ means the act of applying an
overpayment (in whole or in part) against an obliga-
tion which has become due to discharge, cancel or
reduce the obligation;
‘‘(23) ‘order to pay’ means a written order is-
sued by the Secretary or the United States which—
‘‘(h) STAY OF PAYMENT OBLIGATION PENDING RE-
VIEW.—Any party ordered by the Secretary or the United
States to pay any obligation (including any interest, as-
sessment or penalty) shall be entitled to a stay of such
payment without bond or other surety pending administra-
tive or judicial review unless the Secretary demonstrates
that such party is or may become financially insolvent or
otherwise unable to pay the obligation, in which case the
Secretary may require a bond or other surety satisfactory
to cover the obligation.
‘‘(i) INAPPLICABILITY OF THE OTHER STATUTES OF
LIMITATION.—The limitations set forth in sections 2401,
2415, 2416, and 2462 of title 28, United States Code,
section 42 of the Mineral Leasing Act (30 U.S.C. 226–
2), and section 3716 of title 31, United States Code, shall
not apply to any obligation to which this Act applies.’’.
(b) CLERICAL AMENDMENT.—The table of contents
in section 1 of such Act (30 U.S.C. 1701) is amended by
adding after the item relating to section 114 the following
new item:
‘‘Sec. 115. Limitation period.’’.
SEC. 4. OVERPAYMENTS: OFFSETS AND REFUNDS.
(a) IN GENERAL.—The Federal Oil and Gas Royalty
Management Act of 1982 (30 U.S.C. 1701 et seq.) is
amended by adding after section 111 the following new
section:
of such obligation claimed to be due and or-
dered to be paid, as well as the reason or rea-
sons such obligation is claimed to be due, but
such term does not include any other commu-
nication or action by or on behalf of the Sec-
retary or a delegated State;
‘‘(27) ‘overpayment’ means any payment by a
lessee or its designee in excess of an amount legally
required to be paid on an obligation and includes the
portion of any estimated payment for a production
month that is in excess of the royalties due for that
month;
‘‘(28) ‘payment’ means satisfaction, in whole or
in part, of an obligation;
‘‘(29) ‘penalty’ means a statutorily authorized
civil fine levied or imposed for a violation of this Act,
any mineral leasing law, or a term or provision of
a lease administered by the Secretary;
‘‘(30) ‘refund’ means the return of an overpay-
ment;
‘‘(31) ‘State concerned’ means, with respect to
a lease, a State which receives a portion of royalties
or other payments under the mineral leasing laws
from such lease;
‘‘(B) product type;
‘‘(C) volume (quantity) of such oil or gas pro-
duced;
‘‘(D) quality of such oil or gas produced;
‘‘(E) method of valuation and value, including
deductions; and
‘‘(F) royalty due the United States.
‘‘(3) Other than the reporting required under para-
graph (2), the Secretary shall not require additional re-
ports or information for production or royalty accounting,
including (but not limited to) information or reports on
allowances, payor information, selling arrangements, and
revenue source.
‘‘(4) No assessment may be imposed on retroactive
adjustment with respect to royalty information made on
a net basis for reports described in paragraph (2).
‘‘(5) The Secretary shall establish reporting thresh-
olds for de minimis production, which is defined as less
than 100 thousand cubic feet of gas per day or 10 barrels
of oil per day per lease. For such de minimis production,
the lessee shall report retroactive adjustments with the
current month royalty payment, and the Secretary shall
not bill for, or collect, comparisons to production, assess-
ments, or interest.
‘‘(6) If the deadline for tendering a royalty payment
imposed by paragraph (1) cannot be met for one or more
leases, an estimated royalty payment in the approximate
amount of royalties that would otherwise be due may be
made by a lessee or person acting on behalf of a lessee
for such leases to avoid late payment interest charges.
When such estimated royalty payment is established, ac-
tual royalties become due at the end of the second month
following the month the production was removed or sold
for as long as the estimated balance exists. Such estimated
royalty payment may be carried forward and not reduced
by actual royalties paid. Any estimated balance may be
adjusted, recouped, or reinstated, at any time. The re-
quirements of paragraph (2) shall not apply to any esti-
mated royalty payment.’’.
SEC. 12. REPEALS.
(a) FOGRMA.—Section 307 of the Federal Oil and
Gas Royalty Management Act of 1982 (30 U.S.C. 1755),
is repealed. Section 1 of such Act (relating to the table
of contents) is amended by striking out the item relating
to section 307.
(b) OCSLA.—Effective on the date of the enactment
of this Act, section 10 of the Outer Continental Shelf
Lands Act (43 U.S.C. 1339) is repealed.
SEC. 13. INDIAN LANDS.
The amendments made by this Act shall not apply
with respect to Indian lands, and the provisions of the
Federal Oil and Gas Royalty Management Act of 1982
as in effect on the day before the date of enactment of
this Act shall apply after such date only with respect to
Indian lands.
SEC. 14. EFFECTIVE DATE.
This Act, and the amendments made by this Act,
shall take effect on the date of the enactment of this Act
with respect to any obligation which becomes due on or
after such date of enactment.
Æ
HR 1975 IH——2
calculate and report interest in accordance with sub-
paragraph (A).
‘‘(3) An adjustment or a request for a refund for
an obligation may be made after the adjustment pe-
riod only upon written notice to and approval by the
Secretary or the applicable delegated State, as appro-
priate, during an audit of the period which includes
the production month for which the adjustment is
being made. If an overpayment is identified during
an audit, then the Secretary or the applicable dele-
gated State, as appropriate, shall allow a credit or re-
fund in the amount of the overpayment.
‘‘(4) For purposes of this section, the adjustment
period for any obligation shall be the six-year period
following the date on which an obligation became due.
The adjustment period shall be suspended, tolled, ex-
tended, enlarged, or terminated by the same actions
as the limitation period in section 115.
‘‘(b) REFUNDS.—
‘‘(1) IN GENERAL.—A request for refund is suffi-
cient if it—
‘‘(A) is made in writing to the Secretary
and, for purposes of section 115, is specifically
identified as a demand;
361i); $20,185,000 for grants for cooperative forestry re-
search (16 U.S.C. 582a–582–a7); $27,313,000 for pay-
ments to the 1890 land-grant colleges, including Tuskegee
University (7 U.S.C. 3222); $31,930,000 for special
grants for agricultural research (7 U.S.C. 450i(c));
$11,599,000 for special grants for agricultural research
on improved pest control (7 U.S.C. 450i(c)); $98,165,000
for competitive research grants (7 U.S.C. 450i(b));
$5,051,000 for the support of animal health and disease
programs (7 U.S.C. 195); $1,150,000 for supplemental
and alternative crops and products (7 U.S.C. 3319d);
$475,000 for rangeland research grants (7 U.S.C. 3331–
3336); $3,500,000 for higher education graduate fellow-
ships grants (7 U.S.C. 3152(b)(6)), to remain available
until expended (7 U.S.C. 2209b); $4,350,000 for higher
education challenge grants (7 U.S.C. 3152(b)(1));
$1,000,000 for a higher education minority scholars pro-
gram (7 U.S.C. 3152(b)(5)), to remain available until ex-
pended (7 U.S.C. 2209b); $4,000,000 for aquaculture
grants (7 U.S.C. 3322); $8,000,000 for sustainable agri-
culture research and education (7 U.S.C. 5811); and
$6,289,000 for necessary expenses of Research and Edu-
cation Activities, of which not to exceed $100,000 shall
be for employment under 5 U.S.C. 3109; in all,
$389,172,000.
which concurrence is not required if royalty from the lease
or leases or well or wells is not shared with any State. Prior
to granting such relief, the Secretary and, if appropriate,
the State concerned shall agree that the type of marginal
wells and relief provided under this paragraph is in the
best interest of the United States and, if appropriate, the
State concerned.’’.
(b) CLERICAL AMENDMENT.—The table of contents in
section 1 of such Act (30 U.S.C. 1701) is amended by add-
ing after the item relating to section 116 the following new
item:
‘‘Sec. 117. Alternatives for marginal properties.’’.
SEC. 8. REPEALS.
(a) FOGRMA.—With respect to Federal lands, sec-
tions 202 and 307 of the Federal Oil and Gas Royalty Man-
agement Act of 1982 (30 U.S.C. 1732 and 1755), are no
longer applicable. Such inapplicability shall not affect co-
operative agreements involving Indian tribes or Indian
lands.
(b) OCSLA.—Effective on the date of the enactment
of this Act, section 10 of the Outer Continental Shelf Lands
Act (43 U.S.C. 1339) is repealed.
SEC. 9. INDIAN LANDS.
The amendments and repeals made by this Act shall
not apply with respect to Indian lands, and the provisions
of the Federal Oil and Gas Royalty Management Act of
1982 as in effect on the day before the date of enactment
of this Act shall continue to apply after such date with re-
spect to Indian lands.
SEC. 10. PRIVATE LANDS.
This Act shall not apply to any privately owned min-
erals.
SEC. 11. EFFECTIVE DATE.
Except as provided by section 115(f), section 111(h),
section 111(k)(5), and section 117 of the Federal Oil and
Gas Royalty Management Act of 1982 (as added by this
Act), this Act, and the amendments made by this Act, shall
apply with respect to the production of oil and gas after
the first day of the month following the date of the enact-
ment of this Act.
of the Commodity Credit Corporation for the purpose of
making dairy indemnity disbursements.
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of di-
rect and guaranteed loans as authorized by 7 U.S.C.
1928–1929, to be available from funds in the Agricultural
Credit Insurance Fund, as follows: farm ownership loans,
$585,000,000, of which $550,000,000 shall be for guaran-
teed loans; operating loans, $2,300,000,000, of which
$1,700,000,000 shall be for unsubsidized guaranteed
loans and $200,000,000 shall be for subsidized guaranteed
loans; Indian tribe land acquisition loans as authorized by
25 U.S.C. 488, $750,000; for emergency insured loans,
$100,000,000 to meet the needs resulting from natural
disasters; and for credit sales of acquired property,
$22,500,000.
For the cost of direct and guaranteed loans, including
the cost of modifying loans as defined in section 502 of
the Congressional Budget Act of 1974, as follows: farm
ownership loans, $28,206,000, of which $20,019,000 shall
be for guaranteed loans; operating loans, $91,000,000, of
which $18,360,000 shall be for unsubsidized guaranteed
loans and $17,960,000 shall be for subsidized guaranteed
loans; Indian tribe land acquisition loans as authorized by
Agriculture and Food Act of 1981 (16 U.S.C. 3451–
3461), to carry out the program of forestry incentives, as
authorized in the Cooperative Forestry Assistance Act of
1978 (16 U.S.C. 2101), including technical assistance and
related expenses, and for carrying out a voluntary coopera-
tive salinity control program pursuant to section 202(c)
of title II of the Colorado River Basin Salinity Control
Act, as amended (43 U.S.C. 1592(c)), to be used to reduce
salinity in the Colorado River and to enhance the supply
and quality of water available for use in the United States
and the Republic of Mexico, to be used for the establish-
ment of on-farm irrigation management systems, includ-
ing related lateral improvement measures, for making
cost-share payments to agricultural landowners and opera-
tors, Indian tribes, irrigation districts and associations,
local governmental and nongovernmental entities, and
other landowners to aid them in carrying out approved
conservation practices as determined and recommended by
the Secretary, and for associated costs of program plan-
ning, information and education, and program monitoring
and evaluation, $36,000,000, to remain available until ex-
pended (7 U.S.C. 2209, 16 U.S.C. 590p(b)(7)): Provided,
That this appropriation shall be available for employment
pursuant to the second sentence of section 706(a) of the
Organic Act of 1944 (7 U.S.C. 2225), and not to exceed
United States agricultural commodities and the products
thereof, as authorized by section 202(b) of the Agricul-
tural Trade Act of 1978 (7 U.S.C. 5641).
COMMODITY CREDIT CORPORATION EXPORT LOANS
PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Com-
modity Credit Corporation’s export guarantee program,
GSM–102 and GSM–103, $3,381,000; to cover common
overhead expenses as permitted by section 11 of the Com-
modity Credit Corporation Charter Act and in conformity
with the Federal Credit Reform Act of 1990, of which not
to exceed $2,792,000 may be transferred to and merged
with the appropriation for the salaries and expenses of the
Foreign Agricultural Service, and of which not to exceed
$589,000 may be transferred to and merged with the ap-
propriation for the salaries and expenses of the Consoli-
dated Farm Service Agency.
623 
United States national security, the Secretary shall 
notify the congressional defense committees of the Sec-
retary’s intent to provide such information not less 
than 7 days prior to the provision of such informa-
tion, including an explanation of the reasons for pro-
viding the information and the reasons why pro-
viding the information will not compromise United 
States national security. 
SEC. 1247. AMENDMENTS TO ANNUAL REPORT UNDER ARMS 
CONTROL AND DISARMAMENT ACT. 
(a) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
Section 403 of the Arms Control and Disarmament Act (22 
U.S.C. 2593a) is amended— 
(1) in subsection (a), by striking ‘‘the Speaker of 
the House of Representatives and to the chairman of 
the Committee on Foreign Relations of the Senate’’ 
and inserting ‘‘the appropriate congressional commit-
tees’’; 
(2) in subsection (c), by striking ‘‘Congress’’ and 
inserting ‘‘appropriate congressional committees’’; 
and 
(3) by adding at the end the following new sub-
section:
shall be available to the Department for support of activi-
ties of congressional relations.
OFFICE OF COMMUNICATIONS
For necessary expenses to carry on services relating
to the coordination of programs involving public affairs,
for the dissemination of agricultural information, and the
coordination of information, work, and programs author-
ized by Congress in the Department, $8,198,000, includ-
ing employment pursuant to the second sentence of section
706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of
which not to exceed $10,000 shall be available for employ-
ment under 5 U.S.C. 3109, and not to exceed $2,000,000
may be used for farmers’ bulletins.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector
General, including employment pursuant to the second
sentence of section 706(a) of the Organic Act of 1944 (7
U.S.C. 2225), and the Inspector General Act of 1978, as
amended, $63,639,000, including such sums as may be
necessary for contracting and other arrangements with
public agencies and private persons pursuant to section
6(a)(9) of the Inspector General Act of 1978, as amended,
including a sum not to exceed $50,000 for employment
under 5 U.S.C. 3109; and including a sum not to exceed
$95,000 for certain confidential operational expenses in-