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BILLS-106hr1699ih

To direct the Secretary of the Treasury to issue war bonds to pay for Operation Allied Force and related humanitarian operations.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1699 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1699 To direct the Secretary of the Treasury to issue war bonds to pay for Operation Allied Force and related humanitarian operations. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Hill of Montana introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To direct the Secretary of the Treasury to issue war bonds to pay for Operation Allied Force and related humanitarian operations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ISSUANCE OF WAR BONDS TO PAY FOR OPERATION ALLIED FORCE AND RELATED HUMANITARIAN OPERATIONS. (a) General Requirement.--The Secretary of the Treasury shall, in accordance with chapter 31 of title 31, United States Code, issue bonds to pay for expenditures authorized by law for Operation Allied Force and related humanitarian operations. Such bonds shall-- (1) first be offered at not less than par as a popular loan under such regulations prescribed by the Secretary of the Treasury that allow the people of the United States as nearly as possible an equal opportunity to participate in subscribing to the offered bonds, and (2) mature not more than 5 years from the date of issue. (b) Operation Allied Force.--For purposes of subsection (a), the term ``Operation Allied Force'' means operations of the North Atlantic Treaty Organization (NATO) conducted against the Federal Republic of Yugoslavia (Serbia and Montenegro) during the continuous period beginning on March 24, 1999, including the date of the enactment of this Act, and ending on the date the President designates. <all>

usgpo

2024-06-24T03:05:31.396653

BILLS-106hr1698ih

USDA Grade Rescission Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1698 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1698 To amend the Federal Meat Inspection Act to provide that a quality grade label issued by the Secretary of Agriculture may not be used for imported meat and meat food products. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Hill of Montana (for himself, Mr. LaTourette, Mrs. Emerson, Mr. McHugh, and Mr. Watkins) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Federal Meat Inspection Act to provide that a quality grade label issued by the Secretary of Agriculture may not be used for imported meat and meat food products. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``USDA Grade Rescission Act of 1999''. SEC. 2. QUALITY GRADE LABELING OF IMPORTED MEAT AND MEAT FOOD PRODUCTS. Section 1(n) of the Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended-- (1) in paragraph (11), by striking ``or'' at the end; (2) in paragraph (12), by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(13) if it is an imported carcass, part thereof, meat, or meat food product (including any carcass, part thereof, meat, or meat food product produced from any cattle, sheep, or goats that have not been fed in the United States for at least 90 days) and bears a label that indicates a quality grade issued by the Secretary.''. <all>

usgpo

2024-06-24T03:05:31.421200

BILLS-106hr1701ih

To suspend temporarily the duty on certain polyethylene base materials.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1701 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1701 To suspend temporarily the duty on certain polyethylene base materials. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. McDermott introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To suspend temporarily the duty on certain polyethylene base materials. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SUSPENSION OF DUTY ON CERTAIN POLYETHYLENE BASE MATERIALS. (a) In General.--Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: `` 9902.39.20 Polyethylene base Free No change No change On or before 12/31/ materials that are 2001 '' under 250mm in . width, sanded on 1 side and surface- treated for use in the manufacture of skis (provided for in subheading 3920.10.00)........ (b) Applicability.--The amendment made by this section applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:31.494829

BILLS-106hr1702ih

To amend title 18, United States Code, to ban using the Internet to obtain or dispose of a firearm.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1702 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1702 To amend title 18, United States Code, to ban using the Internet to obtain or dispose of a firearm. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mrs. Mink of Hawaii (for herself, Mr. George Miller of California, Mr. Andrews, Ms. Woolsey, and Mr. Payne) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to ban using the Internet to obtain or dispose of a firearm. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. BAN ON USING THE INTERNET TO OBTAIN OR DISPOSE OF A FIREARM. (a) Prohibitions.--Section 922 of title 18, United States Code, is amended by inserting after subsection (y) the following: ``(z) It shall be unlawful for any person to use the Internet to obtain or dispose of, or offer to obtain or dispose of a firearm.''. (b) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7) Whoever willfully violates section 922(z) shall be fined under this title, imprisoned not more than 1 year, or both.''. <all>

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2024-06-24T03:05:31.504239

BILLS-106hr1703ih

To amend the Internal Revenue Code of 1986 to prevent the conversion of ordinary income or short-term capital gain into income eligible for the long-term capital gain rates, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1703 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1703 To amend the Internal Revenue Code of 1986 to prevent the conversion of ordinary income or short-term capital gain into income eligible for the long-term capital gain rates, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Neal of Massachusetts 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 prevent the conversion of ordinary income or short-term capital gain into income eligible for the long-term capital gain rates, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TREATMENT OF GAIN FROM CONSTRUCTIVE OWNERSHIP TRANSACTIONS. (a) In General.--Part IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 (relating to special rules for determining capital gains and losses) is amended by inserting after section 1259 the following new section: ``SEC. 1260. GAINS FROM CONSTRUCTIVE OWNERSHIP TRANSACTIONS. ``(a) In General.--If the taxpayer has gain from a constructive ownership transaction with respect to any financial asset and such gain would (without regard to this section) be treated as a long-term capital gain-- ``(1) such gain shall be treated as short-term capital gain to the extent that such gain exceeds the net underlying long- term capital gain, and ``(2) to the extent such gain is treated as a long-term capital gain after the application of paragraph (1), the determination of the capital gain rate (or rates) applicable to such gain under section 1(h) shall be determined on the basis of the respective rate (or rates) that would have been applicable to the net underlying long-term capital gain. ``(b) Interest Charge on Deferral of Gain Recognition.-- ``(1) In general.--If any gain is treated as short-term capital gain for any taxable year by reason of subsection (a)(1), the tax imposed by this chapter for such taxable year shall be increased by the amount of interest determined under paragraph (2) with respect to each prior taxable year during any portion of which the constructive ownership transaction was open. Any amount payable under this paragraph shall be taken into account in computing the amount of any deduction allowable to the taxpayer for interest paid or accrued during such taxable year. ``(2) Amount of interest.--The amount of interest determined under this paragraph with respect to a prior taxable year is the amount of interest which would have been imposed under section 6601 on the underpayment of tax for such year which would have resulted if the gain (which is treated as short-term gain by reason of subsection (a)(1)) had been included in gross income in the taxable years in which it accrued (determined by treating the gain as accruing at a constant rate equal to the applicable Federal rate as in effect on the day the transaction closed). The period during which such interest shall accrue shall end on the due date (without extensions) for the return of tax imposed by this chapter for the taxable year in which such transaction closed. ``(3) Applicable federal rate.--For purposes of paragraph (2), the applicable Federal rate is the applicable Federal rate determined under 1274(d) (compounded semiannually) which would apply to a debt instrument with a term equal to the period the transaction was open. ``(4) No credits against increase in tax.--Any increase in tax under paragraph (1) shall not be treated as tax imposed by this chapter for purposes of determining-- ``(A) the amount of any credit allowable under this chapter, or ``(B) the amount of the tax imposed by section 55. ``(c) Financial Asset.--For purposes of this section-- ``(1) In general.--The term `financial asset' means-- ``(A) any equity interest in any pass-thru entity, and ``(B) to the extent provided in regulations-- ``(i) any debt instrument, and ``(ii) any stock in a corporation which is not a pass-thru entity. ``(2) Pass-thru entity.--For purposes of paragraph (1), the term `pass-thru entity' means-- ``(A) a regulated investment company, ``(B) a real estate investment trust, ``(C) an S corporation, ``(D) a partnership, ``(E) a trust, ``(F) a common trust fund, ``(G) a passive foreign investment company (as defined in section 1297), ``(H) a foreign personal holding company, and ``(I) a foreign investment company (as defined in section 1246(b)). ``(d) Constructive Ownership Transaction.--For purposes of this section-- ``(1) In general.--The taxpayer shall be treated as having entered into a constructive ownership transaction with respect to any financial asset if the taxpayer-- ``(A) holds a long position under a notional principal contract with respect to the financial asset, ``(B) enters into a forward or futures contract to acquire the financial asset, ``(C) is the holder of a call option, and is the grantor of a put option, with respect to the financial asset and such options have substantially equal strike prices and substantially contemporaneous maturity dates, or ``(D) enters into 1 or more other transactions (or acquires 1 or more positions) that have substantially the same effect as a transaction described in any of the preceding subparagraphs. ``(2) Exception for positions which are marked to market.-- This section shall not apply to any constructive ownership transaction if all of the positions which are part of such transaction are marked to market under any provision of this title or the regulations thereunder. ``(3) Long position under notional principal contract.--A person shall be treated as holding a long position under a notional principal contract with respect to any financial asset if such person-- ``(A) has the right to be paid (or receive credit for) all or substantially all of the investment yield (including appreciation) on such financial asset for a specified period, and ``(B) is obligated to reimburse (or provide credit for) all or substantially all of any decline in the value of such financial asset. ``(4) Forward contract.--The term `forward contract' means any contract to acquire in the future (or provide or receive credit for the future value of) any financial asset. ``(e) Net Underlying Long-Term Capital Gain.--For purposes of this section, in the case of any constructive ownership transaction with respect to any financial asset, the term `net underlying long-term capital gain' means the aggregate net capital gain that the taxpayer would have had if-- ``(1) the financial asset had been acquired for fair market value on the date such transaction was opened and sold for fair market value on the date such transaction was closed, and ``(2) only gains and losses that would have resulted from the deemed ownership under paragraph (1) were taken into account. The amount of the net underlying long-term capital gain with respect to any financial asset shall be treated as zero unless the amount thereof is established by clear and convincing evidence. ``(f) Special Rule Where Taxpayer Takes Delivery.--Except as provided in regulations prescribed by the Secretary, if a constructive ownership transaction is closed by reason of taking delivery, this section shall be applied as if the taxpayer had sold all the contracts, options, or other positions which are part of such transaction for fair market value on the closing date. The amount of gain recognized under the preceding sentence shall not exceed the amount of gain treated as short-term gain under subsection (a). Proper adjustments shall be made in the amount of any gain or loss subsequently realized for gain recognized under this subsection. ``(g) Regulations.--The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations permitting taxpayers to mark to market constructive ownership transactions in lieu of applying this section.''. (b) Clerical Amendment.--The table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 1260. Gains from constructive ownership transactions.''. (c) Effective Date.--The amendments made by this section shall apply to gains recognized after the date of the enactment of this Act; except that such amendments shall not apply to transactions entered into before February 5, 1998, and not extended or substantially modified on or after such date. <all>

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2024-06-24T03:05:31.509546

BILLS-106hr1704ih

Health Care Access Improvement Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1704 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1704 To amend the Internal Revenue Code of 1986 to provide a tax credit to primary health providers who establish practices in health professional shortage areas. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Nussle (for himself, Mr. Latham, Mrs. Mink of Hawaii, and Mr. Shows) 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 provide a tax credit to primary health providers who establish practices in health professional shortage areas. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Health Care Access Improvement Act''. SEC. 2. NONREFUNDABLE CREDIT FOR CERTAIN PRIMARY HEALTH SERVICES PROVIDERS SERVING HEALTH PROFESSIONAL SHORTAGE AREAS. (a) In General.--Subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to nonrefundable personal credits) is amended by inserting after section 25A the following new section: ``SEC. 25B. PRIMARY HEALTH SERVICES PROVIDERS SERVING HEALTH PROFESSIONAL SHORTAGE AREAS. ``(a) Allowance of Credit.--In the case of an individual who is a qualified primary health services provider for any month during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to $1,000 for each month during such taxable year-- ``(1) which is part of the eligible service period of such individual, and ``(2) for which such individual is a qualified primary health services provider. ``(b) Qualified Primary Health Services Provider.--For purposes of this section, the term `qualified primary health services provider' means, with respect to any month, any physician who is certified for such month by the Bureau to be a primary health services provider who-- ``(1) is providing primary health services full time and substantially all of whose primary health services are provided in a health professional shortage area, ``(2) is not receiving during the calendar year which includes such month a scholarship under the National Health Service Corps Scholarship Program or the Indian health professions scholarship program or a loan repayment under the National Health Service Corps Loan Repayment Program or the Indian Health Service Loan Repayment Program, ``(3) is not fulfilling service obligations under such Programs, and ``(4) has not defaulted on such obligations. Such term shall not include any individual who is described in paragraph (1) with respect to any of the 3 most recent months ending before the date of the enactment of this section. ``(c) Eligible Service Period.--For purposes of this section, the term `eligible service period' means the period of 60 consecutive calendar months beginning with the first month the taxpayer is a qualified primary health services provider. ``(d) Other Definitions and Special Rule.--For purposes of this section-- ``(1) Bureau.--The term `Bureau' means the Bureau of Health Care Delivery and Assistance, Health Resources and Services Administration of the United States Public Health Service. ``(2) Physician.--The term `physician' has the meaning given to such term by section 1861(r) of the Social Security Act. ``(3) Primary health services provider.--The term `primary health services provider' means a provider of basic health services (as described in section 330(b)(1)(A)(i) of the Public Health Service Act). ``(4) Health professional shortage area.--The term `health professional shortage area' means any area which, as of the beginning of the eligible service period, is a health professional shortage area (as defined in section 332(a)(1) of the Public Health Service Act). ``(5) Only 60 months taken into account.--In no event shall more than 60 months be taken into account under subsection (a) by any individual for all taxable years.'' (b) Clerical Amendment.--The table of sections for subpart A of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 25A the following new item: ``Sec. 25B. Primary health services providers serving health professional shortage areas.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. <all>

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2024-06-24T03:05:31.568079

BILLS-106hr1706ih

To prohibit the Federal Government from planning, developing, implementing, or administering any national teacher test or method of certification and from withholding funds from States or local educational agencies that fail to adopt a specific method of teacher certification.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1706 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1706 To prohibit the Federal Government from planning, developing, implementing, or administering any national teacher test or method of certification and from withholding funds from States or local educational agencies that fail to adopt a specific method of teacher certification. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Paul (for himself, Mr. Souder, Mr. Norwood, Mr. McIntosh, Mr. Fletcher, and Mr. Tancredo) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To prohibit the Federal Government from planning, developing, implementing, or administering any national teacher test or method of certification and from withholding funds from States or local educational agencies that fail to adopt a specific method of teacher certification. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. Congress finds the following: (1) The Secretary of Education unveiled a national teacher certification proposal on February 16, 1999. (2) The Texas State Legislature has introduced legislation to prohibit the use of any standardized, national certification examination of any teacher. (3) The State of Texas is already implementing a rigorous framework for preparing, certifying, and recognizing the professional growth of educators. (4) The State and local governments have the responsibility for the training and certification of teachers not the Federal Government. (5) The Coalition of Independent Education Associations (CIEA), which represents the majority of the over 300,000 teachers who belong to independent educators associations, has passed a resolution opposing the monopolization of teacher education and certification by the National Council on Accreditation of Teacher Education (NCATE) or any other federally supported organization. (6) Having the Federal Government require States, local governments, or local educational agencies to engage in any type of teacher testing or certification will require Federal oversight of what knowledge is necessary to be a teacher. (7) Giving the Federal Government power to determine what knowledge is necessary to be a teacher will lead to a national curriculum. (8) National teacher testing or certification will make teachers de facto employees of the Federal Government. (9) Establishment of a national curriculum will destroy any control remaining in the American education system and is not in the interest of either teachers or students. SEC. 2. PROHIBITION ON TESTING OR CERTIFICATION. Notwithstanding any other provision of Federal law, the Department or Education is prohibited from using Federal funds to plan, develop, implement, or administer any national teacher test or certification. SEC. 3. PROHIBITION ON WITHHOLDING FUNDS. The Department is prohibited from withholding funds from any State or local educational agency if such State or local educational agency fails to adopt a specific method of teacher certification. SEC. 4. DEFINITIONS. For purposes of this Act: (1) The terms ``teacher testing'' and ``teacher test'' mean any test or examination required by any unit of government that requires passage of such test or examination as a condition of obtaining a license to teach. (2) The term ``teacher certification'' means any process of education or training required by any unit of government as a condition of obtaining a license to teach. <all>

usgpo

2024-06-24T03:05:31.800879

BILLS-106hr1705ih

To amend the Clean Air Act to waive the oxygen content requirement for reformulated gasoline and to phase-out the use of MTBE, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1705 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1705 To amend the Clean Air Act to waive the oxygen content requirement for reformulated gasoline and to phase-out the use of MTBE, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Pallone introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To amend the Clean Air Act to waive the oxygen content requirement for reformulated gasoline and to phase-out the use of MTBE, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR CERTAIN REFORMULATED GASOLINE. Section 211(k)(2)(B) of the Clean Air Act (42 U.S.C. 7545(k)(2)(B)) is amended as follows: (1) In the first sentence, by striking ``The oxygen'' and inserting the following: ``(i) Requirement.--The oxygen''. (2) In the second sentence-- (A) by striking ``The Administrator'' and inserting the following: ``(ii) Waivers.--The Administrator''; (B) by striking ``area upon a'' and inserting the following: ``area-- ``(I) upon a''; (C) by striking the period at the end and inserting ``; or''; and (D) by adding at the end the following: ``(II) if the Administrator determines, by regulation, that reformulated gasoline that contains less than 2.0 percent by weight oxygen and meets all other requirements of this subsection will achieve an equivalent or greater reduction in total actual emissions of ozone precursors, particulate matter, and potency-weighted toxic air pollutants, respectively, than that resulting from reformulated gasoline that contains at least 2.0 percent by weight oxygen and meets all other requirements of this subsection.''. SEC. 2. PHASE-OUT OF MTBE ADDITIVES. (a) Amendment of Clean Air Act.--Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is amended by adding at the end of paragraph (1) the following: ``The regulations under this paragraph shall prohibit the use of methyl tertiary butyl ether (MTBE) as a fuel additive.''. (b) Regulations.--The Administrator of the Environmental Protection Agency shall amend the regulations under section 211(c)(1) of the Clean Air Act as promptly as practicable after the date of enactment of this Act to conform to the amendment made by this Act. (c) Effective Date.--Subsection (a) shall take effect upon the expiration of the 3-year period beginning on the date of the enactment of this Act unless the Secretary of Energy determines at that time that there is an inadequate supply or availability of gasoline or the Administrator of the Environmental Protection Agency determines that requirements of the Clean Air Act would not be met. SEC. 3. NAS STUDY. The Administrator of the Environmental Protection Agency shall enter into contracts or other appropriate arrangements with the National Academy of Sciences to conduct a study of all oxygenates used as gasoline additives and their combustion byproducts to determine the effects of such additives and byproducts on public health and environment and the availability of alternatives. The results of such study shall be made available to the public. <all>

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2024-06-24T03:05:31.813670

BILLS-106hr1709ih

To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1709 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1709 To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Rangel introduced the following bill; which was referred to the Committee on Banking and Financial Services _______________________________________________________________________ A BILL To authorize the President to award a gold medal on behalf of the Congress to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS. The Congress makes the following findings: (1) Jesse Louis Jackson, Sr. was born on October 8, 1941, in Greenville, South Carolina. (2) In 1965 Jesse L. Jackson, Sr. joined the civil rights movement full-time, beginning his activism as a student leader in the sit-in movement and continuing as a young organizer for the Southern Christian Leadership Conference as an assistant to Dr. Martin Luther King, Jr. (3) On June 30, 1968, Jesse L. Jackson, Sr. became an ordained minister, having attended the Chicago Theological Seminary. (4) Jesse L. Jackson, Sr. served as the national director for Operation Breadbasket and, in 1971 in Chicago, Illinois, founded People United to Save Humanity, known as PUSH. (5) In 1984 Jesse L. Jackson, Sr. founded the National Rainbow Coalition, a national social justice organization devoted to political empowerment and to expanding educational and employment opportunities for disadvantaged people and for communities of color. (6) In 1996 Jesse L. Jackson, Sr. merged the National Rainbow Coalition and PUSH to continue the philosophies of both organizations and to maximize their resources. (7) Jesse L. Jackson, Sr. is, and has been for more than 30 years, one of the foremost political figures in the United States, playing a pivotal role in virtually every movement for human rights, civil rights, peace, gender equality, empowerment, and economic and social justice. (8) Jesse L. Jackson, Sr. has been and continues to be counted on to serve as a champion and spokesman for a segment of the population whose voices all too often are not heard. (9) Jesse L. Jackson, Sr. has been called the ``conscience of the Nation'' and the ``great unifier'', challenging the United States to establish just and humane priorities. (10) Jesse L. Jackson, Sr. has led a myriad of successful delegations, marches, and missions for justice, peace, and reconciliation. (11) Jesse L. Jackson, Sr. is a highly respected world leader who has acted on many occasions as an international diplomat. (12) In 1984 Jesse L. Jackson, Sr. secured the release of a captured Navy pilot, Lieutenant Robert Goodman, who was shot down over Lebanon. He also negotiated the release of 22 Americans and 26 Cubans in Cuba during 1984. (13) In 1990 Jesse L. Jackson, Sr. won the release of hundreds of foreign nationals, including 47 Americans, being held in Iraq and Kuwait by Saddam Hussein. (14) In October 1997 Jesse L. Jackson, Sr. was appointed by President William Jefferson Clinton and by Secretary of State Madeleine K. Albright as the Special Envoy of the President and the Secretary of State for the Promotion of Democracy in Africa. (15) On May 2, 1999, Jesse L. Jackson, Sr. obtained the negotiated release of Army Specialist Steven M. Gonzales and Staff Sergeants Christopher J. Stone and Andrew Ramirez, 3 United States soldiers who had spent 32 days in captivity in Yugoslavia as prisoners of war and hostages. (16) Jesse L. Jackson, Sr. has dedicated his life to the principles of freedom, peace, justice, international good will, and the struggle for civil rights and equality for Americans and for all peoples, at home and abroad. SEC. 2. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Jesse L. Jackson, Sr. in recognition of his outstanding and enduring contributions to the Nation. (b) Design and Striking.--For the purpose of the presentation referred to in subsection (a), the Secretary of the Treasury shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Authorization of Appropriation.--Effective February 1, 1999, there are authorized to be appropriated $30,000 to carry out this section. SEC. 3. DUPLICATE MEDALS. (a) Striking and Sale.--The Secretary of the Treasury may strike and sell duplicates in bronze of the gold medal struck under section 2 under such regulations as the Secretary may prescribe, at a price sufficient to cover the cost thereof, including labor, materials, dies, use of machinery, and overhead expenses, and the cost of the gold medal. (b) Reimbursement of Appropriation.--The appropriation used to carry out section 2 shall be reimbursed out of the proceeds of sales under subsection (a). SEC. 4. NATIONAL MEDALS. The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. <all>

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2024-06-24T03:05:31.936490

BILLS-106hr1707ih

To amend the Internal Revenue Code of 1986 to provide that the conducting of certain games of chance shall not be treated as an unrelated trade or business.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1707 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1707 To amend the Internal Revenue Code of 1986 to provide that the conducting of certain games of chance shall not be treated as an unrelated trade or business. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Ramstad (for himself, Mr. Gutknecht, Mr. Minge, Mr. Vento, Mr. Sabo, Mr. Luther, Mr. Peterson of Minnesota, Mr. Oberstar, and Mr. Rahall) 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 provide that the conducting of certain games of chance shall not be treated as an unrelated trade or business. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONDUCT OF CERTAIN GAMES OF CHANCE NOT TREATED AS UNRELATED TRADE OR BUSINESS. (a) In General.--Paragraph (1) of section 513(f) of the Internal Revenue Code of 1986 (relating to certain bingo games) is amended by inserting before the period ``or qualified games of chance''. (b) Qualified Games of Chance.--Subsection (f) of section 513 of such Code is amended by adding at the end the following new paragraph: ``(3) Qualified games of chance.--For purposes of paragraph (1), the term `qualified game of chance' means any game of chance (other than bingo) conducted by an organization if-- ``(A) such organization is licensed pursuant to State law to conduct such game, ``(B) only organizations which are organized as nonprofit corporations or are exempt from tax under section 501(a) may be so licensed to conduct such game within the State, and ``(C) the conduct of such game does not violate State or local law.'' (c) Clerical Amendment.--The subsection heading of section 513(f) of such Code is amended by striking ``Bingo Games'' and inserting ``Games of Chance''. (d) Effective Date.--The amendments made by this section shall apply to games conducted after the date of enactment of this Act. <all>

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2024-06-24T03:05:31.981981

BILLS-106hr1710ih

K-12 Education Excellence Now Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1710 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1710 To amend the Internal Revenue Code of 1986 to allow a credit against income tax for expenses of attending elementary and secondary schools and for contributions to such schools and to charitable organizations which provide scholarships for children to attend such schools. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Salmon (for himself, Mr. Hayworth, Mr. Gary Miller of California, Ms. Pryce of Ohio, Mr. McIntosh, Mr. Sensenbrenner, Mr. Largent, Mr. Forbes, Mr. Pickering, Mr. Cunningham, Mr. LaTourette, Mr. Shadegg, Mr. Hostettler, Mr. Hill of Montana, and Mrs. Wilson) 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 allow a credit against income tax for expenses of attending elementary and secondary schools and for contributions to such schools and to charitable organizations which provide scholarships for children to attend such schools. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``K-12 Education Excellence Now Act of 1999''. SEC. 2. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR CONTRIBUTIONS TO SUCH SCHOOLS AND TO CHARITABLE ORGANIZATIONS WHICH PROVIDE SCHOLARSHIPS FOR STUDENTS ATTENDING SUCH SCHOOLS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT FOR ELEMENTARY AND SECONDARY SCHOOL EXPENSES AND FOR CONTRIBUTIONS TO SUCH SCHOOLS AND TO CHARITABLE ORGANIZATIONS WHICH PROVIDE SCHOLARSHIPS FOR STUDENTS ATTENDING SUCH SCHOOLS. ``(a) Allowance of Credit.--There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of-- ``(1) the qualified elementary and secondary education expenses which are paid or incurred by the taxpayer during such taxable year, and ``(2) the qualified charitable contributions of the taxpayer for the taxable year. ``(b) Maximum Credit.--The credit allowed by subsection (a) for any taxable year shall not exceed-- ``(1) $100 in the case of taxable years beginning in calendar year 1999, ``(2) $150 in the case of taxable years beginning in calendar year 2000, ``(3) $200 in the case of taxable years beginning in calendar year 2001, and ``(4) $250 in the case of taxable years beginning after calendar year 2001. In the case of a joint return, the limitation under this subsection shall be twice the dollar amount otherwise applicable under the preceding sentence. ``(c) Qualified Elementary and Secondary Education Expenses.--For purposes of this section-- ``(1) In general.--The term `qualified elementary and secondary education expenses' means tuition, fees, tutoring, special needs services, books, supplies, computer equipment (including related software and services) and other equipment, transportation, and supplementary expenses required for the enrollment or attendance of any individual at a public, private, or religious elementary or secondary school. ``(2) Special rule for home-schooling.--Such term shall include expenses described in paragraph (1) required for education provided for homeschooling if the requirements of any applicable State or local law are met with respect to such education. ``(3) Teacher-provided materials.--In the case of an individual who is a teacher at an elementary or secondary school, such term includes amounts paid by the individual for materials used by such individual in the classroom. ``(4) Elementary or secondary school.--The term `elementary or secondary school' means any school which provides elementary education or secondary education (through grade 12), as determined under State law. ``(d) Qualified Charitable Contribution.--For purposes of this section-- ``(1) In general.--The term `qualified charitable contribution' means, with respect to any taxable year, the amount allowable as a deduction under section 170 for cash contributions to-- ``(A) an elementary or secondary school, or ``(B) a school tuition organization. ``(2) School tuition organization.-- ``(A) In general.--The term `school tuition organization' means any organization described in section 170(c)(2) if the annual disbursements of the organization for elementary and secondary school scholarship are normally not less than 90 percent of the sum of such organization's annual gross income and contributions and gifts. ``(B) Exceptions.--Such term shall not include any organization if substantially all of its scholarships (by value) may be used to attend only 1 school. ``(C) Elementary and secondary school scholarship.--The term `elementary and secondary school scholarship' means any scholarship excludable from gross income under section 117 for expenses related to education at an elementary or secondary school. ``(e) Special Rules.-- ``(1) Denial of double benefit.--No deduction shall be allowed under this chapter for any contribution for which credit is allowed under this section. ``(2) Application with other credits.--The credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of-- ``(A) the regular tax for the taxable year, reduced by the sum of the credits allowable under subpart A and the preceding sections of this subpart, over ``(B) the tentative minimum tax for the taxable year. ``(3) Controlled groups.--All persons who are treated as one employer under subsection (a) or (b) of section 52 shall be treated as 1 taxpayer for purposes of this section. ``(f) Election To Have Credit Not Apply.--A taxpayer may elect to have this section not apply for any taxable year.'' (b) Clerical Amendment.--The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit for elementary and secondary school expenses and for contributions to such schools and to charitable organizations which provide scholarships for students attending such schools.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1998. <all>

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2024-06-24T03:05:32.191644

BILLS-106hr1712ih

To amend the Federal Water Pollution Control Act to authorize an estrogenic substances screening program.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1712 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1712 To amend the Federal Water Pollution Control Act to authorize an estrogenic substances screening program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Stupak (for himself, Mrs. Lowey, and Mr. Brown of Ohio) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Federal Water Pollution Control Act to authorize an estrogenic substances screening program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ESTROGENIC SUBSTANCES SCREENING PROGRAM. Title III of the Federal Water Pollution Control Act (33 U.S.C. 1311-1330) is amended by adding at the end the following: ``SEC. 321. ESTROGENIC SUBSTANCES SCREENING PROGRAM. ``In addition to the substances referred to in section 408(p)(3)(B) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(p)(3)(B)) or in section 1457 of the title XIV of the Public Health Service Act (commonly known as the ``Safe Drinking Water Act'') (42 U.S.C. 300j- 17), the Administrator may provide for testing under the screening program authorized by section 408(p) of the Federal Food, Drug, and Cosmetic Act, in accordance with the provisions of section 408(p) of such Act, of any other substance that may be found in discharges of pollutants into navigable waters if the Administrator determines that a substantial population may be exposed to such substance.''. <all>

usgpo

2024-06-24T03:05:32.200284

BILLS-106hr1708ih

Small Investors Tax Simplification Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1708 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1708 To amend the Internal Revenue Code of 1986 to provide a simplified method for determining a partner's share of items of a partnership which is a qualified investment club. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Ramstad (for himself and Mrs. Thurman) 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 provide a simplified method for determining a partner's share of items of a partnership which is a qualified investment club. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Small Investors Tax Simplification Act of 1999''. SEC. 2. ELECTION TO USE SIMPLIFIED METHOD FOR QUALIFIED INVESTMENT CLUBS. (a) In General.--Part I of subchapter K of chapter 1 of the Internal Revenue Code of 1986 (relating to determination of tax liability of partners and partnerships) is amended by inserting after section 704 the following new section: ``SEC. 704A. ELECTION TO USE SIMPLIFIED METHOD FOR QUALIFIED INVESTMENT CLUBS. ``(a) In General.--Notwithstanding any other provision of this subchapter, a partner's distributive share of all items of income, gain, loss, deduction, or credit of a qualified investment club shall be determined under the simplified method. ``(b) Simplified Method.--For purposes of this section-- ``(1) In general.--The term `simplified method' means a method pursuant to which a partnership allocates each of the items of income, gain, loss, deduction, and credit for its taxable year to its partners based on their proportionate interests on the last day of such taxable year in partnership profits. ``(2) Exception for distributions during year.--The partnership may take into account the partners' varying interests in partnership profits resulting from distributions during the taxable year in determining the partners' interests in partnership profits for purposes of paragraph (1). ``(c) Definitions.--For purposes of this section-- ``(1) Qualified investment club.--The term `qualified investment club' means, with respect to any taxable year, any partnership-- ``(A) which is not required to be registered under the Investment Company Act of 1940, ``(B) for which no person who is registered as an investment adviser under the Investment Advisers Act of 1940 substantially participates in the management or investment decisions thereof, ``(C) all of the partners of which are qualified partners for the calendar year in which the taxable year of the partnership ends, ``(D) at least 90 percent of the gross income of which is derived from items described in section 851(b)(2), ``(E) at least 90 percent of the value of the total assets of which, at the end of each quarter of such year, consists of cash, cash items (including receivables), and securities, ``(F) the taxable year of which is the calendar year, and ``(G) for which an election under subsection (e) is in effect. ``(2) Qualified partner.-- ``(A) In general.--The term `qualified partner' means-- ``(i) any individual other than a nonresident alien, ``(ii) any individual retirement plan, and ``(iii) any education individual retirement account (as defined in section 530). ``(B) Limitation on contributions by individuals.-- An individual shall not be a qualified partner for any calendar year if the aggregate contributions by such individual to qualified investment clubs (determined without regard to paragraph (1)(C)) during such calendar year exceeds $3,000 or exceeds $3,000 during any of the 5 preceding calendar years. ``(C) Limitation on contributions by trusts.-- ``(i) In general.--A plan or account referred to in subparagraph (A) (hereafter in this subparagraph referred to as a `trust') shall not be a qualified partner for any calendar year if the aggregate contributions to qualified investment clubs (determined without regard to paragraph (1)(C)) during such calendar year by such trust exceeds the excess of-- ``(I) the product of $3,000 and the number of years before such calendar year that such trust held any asset, over ``(II) the aggregate contributions made to qualified investment clubs (as so determined) by such trust during all prior calendar years. ``(ii) Aggregation of related trusts.--For purposes of this subparagraph-- ``(I) all trusts having the same beneficiary shall be treated as 1 trust, and ``(II) only the trust having the longest period described in clause (i)(I) shall be taken into account thereunder. ``(iii) Fractions of a year.--For purposes of clause (i)(I), a fraction of a year shall be counted as a whole year. ``(D) No attribution between individuals and trusts.--Notwithstanding any other provision of this title, there shall be no attribution of contributions between a trust and an individual. ``(3) Securities.-- ``(A) Definition.--The term `security' has the meaning given to such term by section 475(c)(2) (determined without regard to subparagraph (F) thereof). ``(B) Certain rules to apply.--For purposes of paragraph (1)(E), rules similar to the rules of paragraphs (4) and (5) of section 851(c), shall apply. ``(d) Inflation Adjustment.--In the case of calendar years after 1999, the $3,000 amounts contained in subsection (c)(2) shall each be increased for any calendar year after 2000 by an amount equal to-- ``(1) $3,000, multiplied by ``(2) the cost-of-living adjustment under section 1(f)(3) for such calendar year, determined by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. Any increase under this subsection which is not a multiple of $50 shall be rounded to the nearest multiple of $50. ``(e) Election.--An election under this subsection shall be made on the return for the taxable year for which it is made and shall apply to such taxable year and all subsequent taxable years for which the partnership is a qualified investment club, unless the election is revoked with the consent of the Secretary. ``(f) Termination of Qualified Investment Club Status.--An election under subsection (e) shall terminate as of the 1st day of any taxable year during which the partnership ceases to be a qualified investment club and, solely for purposes of section 704(c), each partner shall be treated as contributing on such first day such partner's pro rata share of the partnership's assets and liabilities on such first day to a new partnership. ``(g) Inadvertent Invalid Elections or Terminations.--The Secretary shall provide a relief mechanism for treating a partnership as a qualified investment club in circumstances where-- ``(1) an election under subsection (e) was not effective for the taxable year for which made by reason of an inadvertent failure to satisfy any requirement of subsection (c), or ``(2) there is an inadvertent termination under subsection (f) of such an election. ``(h) Election After Termination.--If an election under subsection (e) by a partnership is terminated or revoked, such partnership shall not be eligible to make an election under subsection (e) for any taxable year before its 5th taxable year which begins after the 1st taxable year for which such termination or revocation is effective, unless the Secretary consents to such election. ``(i) Regulations.--The Secretary shall prescribe such regulations as may be necessary to carry out the purposes of this section, including regulations regarding the status of an individual or trust as a qualified partner.''. (b) Clerical Amendment.--The table of sections for part I of subchapter K of chapter 1 of such Code is amended by inserting after the item relating to section 704 the following new item: ``Sec. 704A. Election to use simplified method for qualified investment clubs''. (c) Effective Date.--The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. <all>

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2024-06-24T03:05:32.249979

BILLS-106hr1713ih

To amend the Internal Revenue Code of 1986 to treat certain dealer derivative financial instruments, hedging transactions, and supplies as ordinary assets.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1713 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1713 To amend the Internal Revenue Code of 1986 to treat certain dealer derivative financial instruments, hedging transactions, and supplies as ordinary assets. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 5, 1999 Mr. Thomas 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 treat certain dealer derivative financial instruments, hedging transactions, and supplies as ordinary assets. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TREATMENT OF CERTAIN DEALER DERIVATIVE FINANCIAL INSTRUMENTS, HEDGING TRANSACTIONS, AND SUPPLIES AS ORDINARY ASSETS. (a) In General.--Section 1221 of the Internal Revenue Code of 1986 (defining capital assets) is amended-- (1) by striking ``For purposes'' and inserting the following: ``(a) In General.--For purposes'', (2) by striking the period at the end of paragraph (5) and inserting a semicolon, and (3) by adding at the end the following: ``(6) any derivative financial instrument held by a derivatives dealer, unless held for investment and clearly identified in the dealer's records as held for investment before the close of the day on which it was acquired, originated, or entered into (or such other time as the Secretary may by regulations prescribe); ``(7) any hedging transaction (as defined in section 1256(e)(2)); or ``(8) supplies of a type regularly used by the taxpayer in the provision of services or the production of property otherwise described in paragraphs (1) through (7). ``(b) Definitions and Special Rules.-- ``(1) Derivative financial instruments.--For purposes of subsection (a)(6)-- ``(A) Derivatives dealer.--The term `derivatives dealer' means a person (other than an options and commodities dealer (within the meaning of section 1402(i)) which regularly offers to enter into, assume, offset, assign, or terminate positions in derivative financial instruments with customers in the ordinary course of a trade or business. ``(B) Derivative financial instrument.-- ``(i) In general.--The term `derivative financial instrument' means any contract or financial instrument (other than a share of stock in a corporation, a beneficial interest in a partnership or trust, or a note, bond, debenture, or other evidence of indebtedness) the value or settlement price of which is calculated by or determined by reference to a specified index, including any swap, cap, collar, floor, option, futures contract, forward contract, or similar contract or financial instrument. ``(ii) Specified index.--The term `specified index' means any one or more or any combination of-- ``(I) a fixed rate, price, or amount, or ``(II) a variable rate, price, or amount, which is based on any current, objectively determinable financial or economic information which is not within the control of any of the parties to the contract or instrument and is not unique to any of the parties' circumstances. ``(2) Treatment of losses in case of non identification or improper identification of hedging transactions.-- Notwithstanding subsection (a)(7) the Secretary shall prescribe regulations for the proper treatment of the character of any gain or loss arising from a transaction-- ``(A) which is a hedging transaction under section 1256(e)(2) except for the fact it was not identified as such under section 1256(e)(2)(C), or ``(B) which was so identified but is not such a hedging transaction.'' (b) Management of Risk.-- (1) Section 475(c)(3) of the Internal Revenue Code of 1986 is amended by striking ``reduces'' and inserting ``manages''. (2) Section 871(h)(4)(C)(iv) of such Code is amended by striking ``to reduce'' and inserting ``to manage''. (3) Clauses (i) and (ii) of section 988(d)(2)(A) of such Code are each amended by striking ``to reduce'' and inserting ``to manage''. (4) Section 1202(j)(2)(C) of such Code is amended by striking ``reduces'' and inserting ``manages''. (5) Clauses (i) and (ii) of section 1256(e)(2)(A) of such Code are each amended by striking ``to reduce'' and inserting ``to manage''. (c) Effective Date.--The amendments made by this section shall apply to any instrument held, acquired, or entered into, any transaction entered into, and supplies held or acquired on or after the date of enactment of this Act. <all>

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2024-06-24T03:05:32.267964

BILLS-106hr1716ih

To provide for a study of long-term care needs in the 21st century.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1716 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1716 To provide for a study of long-term care needs in the 21st century. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Bilirakis introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To provide for a study of long-term care needs in the 21st century. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. STUDY OF LONG-TERM CARE NEEDS IN THE 21ST CENTURY. (a) In General.--The Secretary of Health and Human Services shall provide, in accordance with this section, for a study in order to determine-- (1) future demand for long-term health care services (including institutional and home and community-based services) in the United States in order to meet the needs in the 21st century; and (2) long-term options to finance the provision of such services. (b) Details.--The study shall include the following: (1) An identification of the relevant demographic characteristics affecting demand for long-term health care services, at least through the year 2030. (2) The possibility of coverage of community-based and other long-term health care services under different federal programs, including through the medicare and medicaid programs, grants to States, housing services, and changes in tax policy. (3) How to improve the quality of long-term health care services. (4) The integration of long-term health care services for individuals between different classes of health care providers (such as hospitals, nursing facilities, and home care agencies) and different Federal programs (such as the medicare and medicaid programs). (5) The possibility of expanding private sector initiatives, including long-term care insurance, to meet the need to finance such services. (6) An examination of the effect of enactment of the Health Insurance Portability and Accountability Act of 1996 on the provision and financing of long-term health care services, including on portability and affordability of private long-term care insurance, the impact of insurance options on low-income older Americans, and the options for eligibility to improve access to such insurance. (7) The financial impact of the provision of long-term health care services on caregivers and other family members. (c) Report and Recommendations.-- (1) In general.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall provide for a report on the study under this section. (2) Recommendations.--The report shall include recommendations regarding each of the following: (A) The most effective and efficient manner that the Federal government may use its resources to educate the public on planning for needs for long-term health care services. (B) The public, private, and joint public-private strategies for meeting identified needs for long-term health care services. (C) The appropriate continuing role of States in the financing of long-term health care services. (3) Inclusion of cost estimates.--The report shall include cost estimates of the various options for which recommendations are made. (d) Conduct of Study.-- (1) Use of institute of medicine.--The Secretary of Health and Human Services shall seek to enter into an appropriate arrangement with the Institute of Medicine of the National Academy of Sciences to conduct the study under this section. If such an arrangement cannot be made, the Secretary may provide for the conduct of the study by any other qualified non- governmental entity. (2) Consultation.--The study should be conducted in consultation with experts from a wide-range of groups from the public and private sectors. <all>

usgpo

2024-06-24T03:05:32.369286

BILLS-106hr1715ih

Defense Production Act Amendments of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1715 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1715 To extend the expiration date of the Defense Production Act of 1950, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Bachus (for himself and Ms. Waters) (both by request), introduced the following bill; which was referred to the Committee on Banking and Financial Services _______________________________________________________________________ A BILL To extend the expiration date of the Defense Production Act of 1950, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Defense Production Act Amendments of 1999''. SEC. 2. EXTENSION OF THE DEFENSE PRODUCTION ACT OF 1950. Subsection 717(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2166(a)) is amended in the first sentence by striking ``Title I (except section 104), title III, and title VII (except sections 708 and 721), and all authority conferred thereunder, shall terminate at the close of September 30, 1999'' and inserting ``Title I (except section 104), title III, and title VII (except sections 707, 708, and 721), and all authority conferred thereunder, shall terminate at the close of September 30, 2002''. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. Section 711(b) of the Defense Production Act of 1950 (50 U.S.C. App. 2161(b)) is amended by striking ``1996, 1997, 1998, and 1999'' and inserting ``2000, 2001, and 2002''. SEC. 4. LOAN GUARANTEES. Section 301 of the Defense Production Act of 1950 (50 U.S.C. App. 2091) is amended-- (1) in subsection (a), by inserting ``create, maintain,'' after ``guaranteeing agency to be necessary to''; (2) in subsection (a)(3)(D), by striking ``output of domestic industrial capability'' and inserting ``foreseeable output of domestic industrial capability''; and (3) in subsection (e)(1), by amending subparagraphs (A) through (C) to read as follows: ``(A) Except as provided in subparagraph (D), no guarantee may be made under this section until 30 days after the President notifies Congress of an industrial resource or critical technology item shortfall which such guarantee is intended to correct and that such guarantee is in accordance with the provisions of subsection (a)(3) of this section. ``(B) Notification shall be transmitted in the budget or in writing to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives. ``(C) If the making of any guarantee or guarantees to correct an industrial resource shortfall would cause the aggregate outstanding amount of all guarantees for such shortfall to exceed $50,000,000, any such guarantee or guarantees may be made only if specifically authorized by law.''. SEC. 5. LOANS TO PRIVATE BUSINESS ENTERPRISES. Section 302 of the Defense Production Act of 1950 (50 U.S.C. App. 2092) is amended-- (1) in subsection (a), by striking ``for the expansion of capacity'' and inserting ``for the creation, maintenance, or expansion of capacity''; (2) in subsection (b)(2)(D), by striking ``output of domestic industrial capability'' inserting ``foreseeable output of domestic industrial capability''; and (3) in subsection (c) by amending paragraphs (1) through (3) to read as follows: ``(1) Except as provided in paragraph (4), no loan may be made under this section until 30 days after the President notifies Congress of an industrial resource or critical technology item shortfall which such loan is intended to correct and that such loan is in accordance with the provisions of subsection (b)(2) of this section. ``(2) Notification shall be transmitted in the budget or in writing to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives. ``(3) If the making of any loan or loans to correct an industrial resource shortfall would cause the aggregate outstanding amount of all loans for such shortfall to exceed $50,000,000, any such loan or loans may be made only if specifically authorized by law.''. SEC. 6. PURCHASES OF MATERIALS AND INSTALLATION OF EQUIPMENT. Section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) is amended-- (1) by striking ``sec. 303.'' at the beginning of such section and inserting the following new section heading: ``SEC. 303. REDUCTION OF INDUSTRIAL RESOURCE AND CRITICAL TECHNOLOGY ITEM SHORTFALLS.''; (2) by amending paragraph (a)(1) to read as follows: ``(a)(1) To reduce industrial resource and critical technology item shortfalls, the President may make provision-- ``(A) for purchases of our commitments to purchase an industrial resource or a critical technology item, for Government use or resale; ``(B) for the encouragement of exploration, development, and mining of critical and strategic materials, and other materials; ``(C) for the encouragement of development or improvement of production capabilities of an industrial resource or critical technology item; and ``(D) for the insertion of critical technology items into military systems.''; (3) in subparagraph (a)(5)(D) by striking ``output of domestic industrial capability'' and inserting ``foreseeable output of domestic industrial capability''; (4) in subsection (a)(6), by amending subparagraphs (A) and (C) to read as follows: ``(A) Except as provided in paragraph (7), no action may be taken under this subsection until 30 days after the President notifies Congress of an industrial resource or critical technology item shortfall which such action is intended to correct and that such action is in accordance with the provisions of paragraph (5). ``(B) Notification shall be transmitted in the budget or in writing to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Banking and Financial Services of the House of Representatives. ``(C) If the taking of any action or actions under this section to correct a shortfall would cause the aggregate outstanding amount of all such actions for such industrial resource shortfall to exceed $50,000,000, any such action or actions may be taken only if specifically authorized by law.''; and (5) in subsection (g), by inserting ``and for the expansion of supply of difficult to procure spares and other replenishment materiel.'' after ``other industrial resources''. SEC. 7. CIVIL-MILITARY INDUSTRIAL INTEGRATION. Section 310 of the Defense Production Act of 1950 (50 U.S.C. App. 2099a) is amended to read as follows: ``SEC. 310. CIVIL-MILITARY INDUSTRIAL INTEGRATION. ``When in the judgment of the President such action will reduce defense acquisition costs or strengthen industrial capabilities needed to support the national defense, the President, using authorities provided in this title, may make provision to achieve integration of commercial and military production.''. SEC. 8. TITLE III LOANS. Title VII of the Defense Production Act of 1950 (50 U.S.C. App. 2151, et seq.) is amended by adding at the end the following new section: ``SEC. 712. TITLE III LOANS. ``New direct loans may not be obligated and new loan guarantees may not be committed except to the extent that appropriations of budget authority to cover their cost are made in advance as required by section 504 of the Federal Credit Reform Act of 1990.''. SEC. 9. TECHNICAL AMENDMENTS. (a) Section 301(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2091(a)) is amended by striking ``714(a)(1)'' and inserting ``702(16)''. (b) Section 301(e) of such Act (50 U.S.C. App. 2091(e)) is amended by striking ``Identification of industrial resource'' and inserting ``Identification of industrial resource or critical technology item''. (c) Subparagraph 301(e)(1)(D)(ii) of such Act (50 U.S.C. App. 2091(e)(1)(D)(ii) is amended by inserting ``item'' after ``critical technology''. (d) Section 301(e)(2)(B) of such Act (50 U.S.C. App. 2091(e)(2)(B)) is amended by striking ``, Finance and Urban Affairs'' and inserting ``and Financial Services''. (e) Section 303(a)(7)(B) of such Act (50 U.S.C. App. 2093(a)(7)(B)) is amended by inserting ``item'' after ``critical technology''. (f) Section 304(b)(1) of the Defense Production Act of 1950 (50 U.S.C. App. 2094(b)(1)) is amended in the second sentence by striking ``section 711(c)'' and inserting ``section 711(b)''. <all>

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2024-06-24T03:05:32.594782

BILLS-106hr1719ih

To authorize the Secretary of Defense to carry out the National Guard civilian youth opportunities program for fiscal year 2000 in an amount not to exceed $110,000,000.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1719 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1719 To authorize the Secretary of Defense to carry out the National Guard civilian youth opportunities program for fiscal year 2000 in an amount not to exceed $110,000,000. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. DeFazio introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To authorize the Secretary of Defense to carry out the National Guard civilian youth opportunities program for fiscal year 2000 in an amount not to exceed $110,000,000. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. NATIONAL GUARD YOUTH CHALLENGE PROGRAM. (a) Fiscal Year 2000 Authority.--Notwithstanding the expenditure limitation contained in subsection (b) of section 509 of title 32, United States Code, the Secretary of Defense may obligate funds during fiscal year 2000 in an amount not to exceed $110,000,000 for the National Guard civilian youth opportunities program authorized by that section and known as the National Guard Challenge Program. (b) Elimination of Annual Expenditure Limitation.--Section 509(b) of title 32, United States Code, is amended by striking out ``, except that Federal expenditures under the program may not exceed $50,000,000 for any fiscal year''. <all>

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2024-06-24T03:05:32.644834

BILLS-106hr1723ih

To encourage States to require a holding period for any student expelled for bringing a gun to school.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1723 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1723 To encourage States to require a holding period for any student expelled for bringing a gun to school. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. DeFazio introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To encourage States to require a holding period for any student expelled for bringing a gun to school. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. HOLDING PERIOD FOR STUDENTS BRINGING A GUN TO SCHOOL. (a) In General.--Notwithstanding section 222 of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5632) or any other provision of law, for fiscal year 2000 and each fiscal year thereafter, the amount that would otherwise be allocated to a State under that section for a fiscal year shall be increased for prevention and intervention related to school violence by 25 percent, if the State has in effect a State law described in subsection (b) by not later than the first day of that fiscal year. (b) State Law Described.--A State law is described in this subsection if it requires that-- (1) any administrator or employee of a public or private school who has reasonable cause to believe that a student is or has been in possession of a firearm while in or on the premises of a school building in violation of Federal or State law, shall immediately report the student's conduct to an appropriate law enforcement agency and to an appropriate juvenile department or agency of the State; (2) upon receipt of a report under paragraph (1), the appropriate law enforcement agency shall immediately cause an investigation to be made to determine whether there is probable cause to believe that the student, while in or on the premises of a public building, possessed a firearm in violation of Federal or State law; (3) if a determination of probable cause is made under paragraph (2)-- (A) the student shall immediately be detained by the appropriate law enforcement agency for not more than 72 hours in an appropriate juvenile justice setting for purposes of psychological evaluation and for a judicial determination (pursuant to a hearing) regarding whether the student is a danger to himself or herself or to others; and (B) a parent, guardian, or other adult with responsibility for the student shall be notified of that detention and the purposes of that detention; and (4) if the court makes a determination under paragraph (3)(A) that the student is a danger to himself or herself or others, the student shall be placed in an appropriate juvenile justice setting to receive professional psychological counseling. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section. <all>

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2024-06-24T03:05:32.683611

BILLS-106hr1721ih

To amend the Incentive Grants for Local Delinquency Prevention Program Act to authorize appropriations for fiscal years 2000 through 2005.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1721 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1721 To amend the Incentive Grants for Local Delinquency Prevention Program Act to authorize appropriations for fiscal years 2000 through 2005. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. DeFazio introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Incentive Grants for Local Delinquency Prevention Program Act to authorize appropriations for fiscal years 2000 through 2005. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 506 of the Incentive Grants for Local Delinquency Prevention Program Act (42 U.S.C. 5785) is amended by striking ``such sums'' and all that follows through ``1996'', and inserting ``$250,000,000 for each of the fiscal years 2000 through 2005''. <all>

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2024-06-24T03:05:32.692689

BILLS-106hr1718ih

To amend the Appalachian Regional Development Act of 1965 to add Hickman, Lawrence, Lewis, Perry, and Wayne Counties, Tennessee, to the Appalachian region.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1718 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1718 To amend the Appalachian Regional Development Act of 1965 to add Hickman, Lawrence, Lewis, Perry, and Wayne Counties, Tennessee, to the Appalachian region. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Bryant (for himself and Mr. Hilleary) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend the Appalachian Regional Development Act of 1965 to add Hickman, Lawrence, Lewis, Perry, and Wayne Counties, Tennessee, to the Appalachian region. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ADDITIONS TO APPALACHIAN REGION. Section 403 of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.) is amended in the undesignated paragraph relating to Tennessee-- (1) by inserting ``Hickman,'' after ``Hawkins,''; (2) by inserting ``Lawrence, Lewis,'' after ``Knox,''; (3) by inserting ``Perry,'' after ``Overton,''; and (4) by inserting ``Wayne,'' after ``Washington,''. <all>

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2024-06-24T03:05:32.743267

BILLS-106hr1720ih

To amend the Child Abuse Prevention and Treatment Act to provide for an increase in the authorization of appropriations for community-based family resource and support grants under that Act.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1720 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1720 To amend the Child Abuse Prevention and Treatment Act to provide for an increase in the authorization of appropriations for community-based family resource and support grants under that Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. DeFazio introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Child Abuse Prevention and Treatment Act to provide for an increase in the authorization of appropriations for community-based family resource and support grants under that Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASED AUTHORIZATION OF APPROPRIATIONS FOR COMMUNITY- BASED FAMILY RESOURCE AND SUPPORT GRANTS UNDER THE CHILD ABUSE PREVENTION AND TREATMENT ACT. Section 210 of the Child Abuse Prevention and Treatment Act is amended by striking ``and such sums'' and all that follows and inserting the following: $100,000,000 for each of the fiscal years 2000 through 2004.''. <all>

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2024-06-24T03:05:32.752354

BILLS-106hr1722ih

To amend the Head Start Act to authorize appropriations for fiscal years 2000 through 2005.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1722 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1722 To amend the Head Start Act to authorize appropriations for fiscal years 2000 through 2005. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. DeFazio introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Head Start Act to authorize appropriations for fiscal years 2000 through 2005. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 639 of the Head Start Act (42 U.S.C. 9834) is amended-- (1) in subsection (a) by striking ``such sums'' and all that follows through ``1998'', and inserting ``$5,500,000,000 for each of the fiscal years 2000 through 2005'', and (2) in subsection (b)-- (A) in paragraph (1) by striking ``1995 through 1998'' and inserting ``2000 through 2005'', and (B) in paragraph (2) by striking ``1996 through 1998'' and inserting ``2000 through 2005''. <all>

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2024-06-24T03:05:32.975721

BILLS-106hr1724ih

To increase discretionary funding for certain grant programs established under the ``Edward Byrne Memorial State and Local Law Enforcement Assistance Programs''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1724 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1724 To increase discretionary funding for certain grant programs established under the ``Edward Byrne Memorial State and Local Law Enforcement Assistance Programs''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. DeFazio introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To increase discretionary funding for certain grant programs established under the ``Edward Byrne Memorial State and Local Law Enforcement Assistance Programs''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE DISCRETIONARY FUNDING FOR CERTAIN GRANT PROGRAMS ESTABLISHED UNDER THE ``EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE PROGRAMS''. Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by adding at the end the following new paragraph: ``(24) There is authorized to be appropriated $50,000,000 for fiscal year 1999 to carry out subpart 2 of part E of this title.''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS. Section 1001(a)(3) is amended by adding at the end the following sentence: ``There are authorized to be appropriated $50,000,000 for fiscal year 1999 to carry out the remaining functions of the Office of Justice Programs and the Bureau of Justice Assistance other than functions under parts D, E, F, G, L, M, N, O, P, Q, R, S, T, U, V, W, and X.''. <all>

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2024-06-24T03:05:33.021299

BILLS-106hr1729ih

To designate the Federal facility located at 1301 Emmet Street in Charlottesville, Virginia, as the ``Pamela B. Gwin Hall''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1729 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1729 To designate the Federal facility located at 1301 Emmet Street in Charlottesville, Virginia, as the ``Pamela B. Gwin Hall''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Goode (for himself, Mr. Bliley, Mr. Wolf, Mr. Pickett, Mr. Scott, Mr. Goodlatte, Mr. Boucher, Mr. Sisisky, Mr. Bateman, and Mr. Moran of Virginia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To designate the Federal facility located at 1301 Emmet Street in Charlottesville, Virginia, as the ``Pamela B. Gwin Hall''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF PAMELA B. GWIN HALL. The Federal facility located at 1301 Emmet Street in Charlottesville, Virginia, shall be known and designated as the ``Pamela B. Gwin Hall''. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in section 1 shall be deemed to reference to the ``Pamela B. Gwin Hall''. <all>

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2024-06-24T03:05:33.177706

BILLS-106hr1731ih

Biomass Energy Equity Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1731 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1731 To amend the Internal Revenue Code of 1986 to provide that the credit for electricity produced from certain renewable resources shall apply to electricity produced from all biomass facilities and to extend the placed in service deadline for such credit. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Herger (for himself, Mr. Matsui, Mr. McCrery, Mr. Camp, Mr. Foley, Mr. Weller, Mr. Neal of Massachusetts, and Mr. Thomas) 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 provide that the credit for electricity produced from certain renewable resources shall apply to electricity produced from all biomass facilities and to extend the placed in service deadline for such credit. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Biomass Energy Equity Act of 1999''. SEC. 2. MODIFICATIONS TO CREDIT FOR ELECTRICITY PRODUCED FROM RENEWABLE RESOURCES. (a) Qualified Facilities Include All Biomass Facilities.-- (1) In general.--Subparagraph (B) of section 45(c)(1) of the Internal Revenue Code of 1986 (relating to credit for electricity produced from certain renewable resources) is amended to read as follows: ``(B) biomass.'' (2) Biomass defined.--Paragraph (2) of section 45(c) of such Code is amended to read as follows: ``(2) Biomass.--The term `biomass' means-- ``(A) any organic material from a plant which is planted exclusively for purposes of being used at a qualified facility to produce electricity, or ``(B) any solid, nonhazardous, cellulosic waste material, which is segregated from other waste materials, and which is derived from-- ``(i) any of the following forest-related resources: mill residues, precommercial thinnings, slash and brush, but not including old-growth timber, ``(ii) waste pallets, crates and dunnage, manufacturing and construction wood wastes (but not including pressure-treated, chemically treated, or painted wood wastes), and landscape or right-of-way tree trimmings, but not including unsegregated municipal solid waste (garbage), ``(iii) agriculture sources, including orchard tree crops, vineyard, grain, legumes, sugar, and other crop byproducts or residues, or ``(iv) poultry waste.''. (b) Extension and Modification of Placed-in-Service Rules.-- Paragraph (3) of section 45(c) of such Code is amended to read as follows: ``(3) Qualified facility.-- ``(A) Wind facilities.--In the case of a facility using wind to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after December 31, 1993, and before July 1, 2009. ``(B) Biomass facilities.--In the case of a facility using biomass to produce electricity, the term `qualified facility' means, with respect to any month, any facility owned or leased by the taxpayer which is originally placed in service before July 1, 2009, if, for such month, biomass comprises not less than 75 percent (on a Btu basis) of the average monthly fuel input of the facility for the taxable year which includes such month. ``(C) Special rules.--In the case of a qualified facility described in subparagraph (B)-- ``(i) the 10-year period referred to in subsection (a) shall be treated as beginning no earlier than the date of the enactment of this paragraph, and ``(ii) subsection (b)(3) shall not apply to any such facility originally placed in service before January 1, 1997.''. (c) Effective Date.--The amendments made by this section shall apply to electricity produced after the date of the enactment of this Act. <all>

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2024-06-24T03:05:33.190254

BILLS-106hr1725ih

Miwaleta Park Expansion Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1725 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1725 To provide for the conveyance by the Bureau of Land Management to Douglas County, Oregon, of a county park and certain adjacent land. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. DeFazio (for himself and Mr. Walden of Oregon) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To provide for the conveyance by the Bureau of Land Management to Douglas County, Oregon, of a county park and certain adjacent land. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Miwaleta Park Expansion Act''. SEC. 2. LAND CONVEYANCE, BUREAU OF LAND MANAGEMENT LAND, DOUGLAS COUNTY, OREGON. (a) In General.-- (1) Conveyance.--The Secretary of the Interior (referred to in this section as the ``Secretary'') shall convey, without consideration, to Douglas County, Oregon (referred to in this section as the ``County''), all right, title, and interest of the United States in and to a parcel of land (including improvements on the land) described in paragraph (2) and consisting of-- (A) Miwaleta Park, a county park managed under agreement by the County on Federal land managed by the Bureau of Land Management; and (B) an adjacent tract of Federal land managed by the Bureau of Land Management. (2) Legal description.--The parcel of land referred to in paragraph (1) is the parcel in the SW \1/4\ of the NE \1/4\; SE \1/4\ of the NW \1/4\ of sec. 27, T31S, R4W, W.M., Douglas County, Oregon, described as follows: The property lying between the southerly right-of-way line of the relocated Cow Creek County Road No. 36 and contour elevation 1881.5 MSL, comprising approximately 28.50 acres. (b) Use of Land.-- (1) In general.--After conveyance of land under subsection (a), the County may manage and exercise any program or policy that the County considers appropriate in the use of the land for park purposes. (2) Reversionary interest.-- (A) In general.--If the Secretary determines that the land conveyed under subsection (a) is not being used for park purposes-- (i) all right, title, and interest in and to the land, including any improvements on the land, shall revert to the United States; and (ii) the United States shall have the right of immediate entry onto the land. (B) Determination on the record.--Any determination of the Secretary under subparagraph (A) shall be made on the record. (c) Survey.--The exact acreage and legal description of the land to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary and paid for by the County. (d) Impact on FERC Withdrawal.-- (1) In general.--The conveyance of land under subsection (a) shall have no effect on the conditions and rights provided in Federal Energy Regulatory Commission Withdrawal No. 7161. (2) Conflicts.--In a case of conflict between the use of the conveyed land as a park and the purposes of the withdrawal, the purposes of the withdrawal shall prevail. (e) Costs of Conveyance.--Except as provided in subsection (c), costs associated with the conveyance under subsection (a) shall be borne by the party incurring the costs. (f) Additional Terms and Conditions.--The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. <all>

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2024-06-24T03:05:33.334833

BILLS-106hr1730ih

First-Time Homebuyers Assistance Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1730 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1730 To amend the Internal Revenue Code of 1986 to allow the installment method to be used to report income from the sale of certain residential real property, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Goodling (for himself, Mr. Stearns, Mr. Pastor, Mr. Istook, Mr. Gilman, and Mr. Foley) 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 allow the installment method to be used to report income from the sale of certain residential real property, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``First-Time Homebuyers Assistance Act''. SEC. 2. APPLICABILITY OF INSTALLMENT METHOD OF ACCOUNTING TO CERTAIN SALES OF RESIDENTIAL REAL PROPERTY. (a) In General.--Paragraph (2) of section 453(l) of the Internal Revenue Code of 1986 (relating to exceptions to dealer dispositions) is amended by redesignating subparagraph (C) as subparagraph (D) and by inserting after subparagraph (B) the following new subparagraph: ``(C) Certain residences.--The disposition on the installment plan of any 1-family residential real property in the ordinary course of the taxpayer's business if-- ``(i) the acquisition cost (as defined in section 143(k)(3)) does not exceed 75 percent of the median purchase price for newly constructed 1-family residential real property for the statistical area (as defined in section 143(k)(2)) in which the property is located (95 percent in the case of a property in a targeted area within the meaning of section 143(j)), ``(ii) the face amount of any obligation held by the taxpayer and arising from the disposition does not exceed 20 percent of such acquisition cost, ``(iii) the purchaser of the property is financially qualified to assume 100 percent of the obligations arising from the disposition (without regard to whether such obligations are held by the taxpayer), ``(iv) the property is to be used by such purchaser as a principal residence (within the meaning of section 121), and ``(v) such purchaser had no present ownership interest in such a principal residence during the 3-year period ending on the date of acquisition of the property.'' (b) Effect of Pledge of Installment Obligation.--Paragraph (1) of section 453A(d) of such Code (relating to pledges, etc., of installment obligations) is amended by inserting after ``this section applies'' the following: ``(or any installment obligation arising from a disposition described in section 453(l)(2)(C))''. (c) Effective Date.--The amendments made by this section shall apply to sales after the date of the enactment of this Act. <all>

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2024-06-24T03:05:33.344113

BILLS-106hr1734ih

School Quality Counts Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1734 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1734 To amend the Elementary and Secondary Education Act of 1965 to improve the quality of education and raise student achievement by strengthening accountability, raising standards for teachers, rewarding success, and providing better information to parents. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. George Miller of California introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to improve the quality of education and raise student achievement by strengthening accountability, raising standards for teachers, rewarding success, and providing better information to parents. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``School Quality Counts Act''. TITLE I--STATE PLANS FOR IMPROVING BASIC PROGRAMS OPERATED BY STATE AND LOCAL EDUCATIONAL AGENCIES. SEC. 101. ACCOUNTABILITY. (a) In General.--Section 1111(b)(2) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)(2)) is amended-- (1) in subparagraph (A)-- (A) by striking ``and'' at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ``; and''; and (C) by adding at the end the following: ``(iii) the State toward enabling all children in schools receiving assistance under this part to meet the State's student performance standards.''; (2) in subparagraph (B), by striking clauses (i) and (ii) and inserting the following: ``(i) that establishes a single high standard of performance for all students; ``(ii) that takes into account the progress of all students of each local educational agency and school served under section 1114 or 1115; ``(iii) that compares the proportions of students who are `not proficient', `partially proficient', `proficient', and `advanced' at the grade levels at which assessments are conducted with the proportions of students in each of the four categories at the same grade level in the previous school year; ``(iv) that considers separately, within each State, local educational agency, and school, the performance and progress of students by gender, by each major ethnic and racial group, by English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as compared to students who are not economically disadvantaged (except that such disaggregation shall not be required in a case where the number of students in a category is insufficient to yield statistically reliable information or the results would reveal individually identifiable information about an individual student); and ``(v) that includes annual numerical goals for improving the performance of all groups specified in clause (iv) and narrowing gaps in performance between these groups.''; and (3) by adding at the end the following: ``(C) The Secretary shall collect and review the information from States on the adequate yearly progress of schools and local educational agencies required under subparagraphs (A) and (B) for the purpose of determining State and local compliance with section 1116.''. (b) Regulations.--The Secretary shall promulgate regulations and amendments to regulations to carry out the amendments made by subsection (a) not later than 6 months after the date of the enactment of this Act and shall review State plans submitted under section 1111 of the Elementary and Secondary Education Act of 1965 before such date to determine their compliance with the regulations. The Secretary shall require States to revise their plans if necessary to satisfy the requirements of the regulations. Such revised plans shall be submitted to the Secretary for approval not later than 1 year after the date of enactment of this Act. SEC. 102. SCHOOL REPORT CARDS. Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended-- (1) by amending the subsection heading to read as follows: ``(b) Standards, Assessments, and Accountability.--'' (2) by redesignating paragraphs (4) through (8) as paragraphs (6) through (10), respectively; and (3) by inserting after paragraph (3) the following: ``(4) Dissemination of results to parents.--Each State plan shall contain assurances that, beginning in the 2001-2002 school year, and annually thereafter, all schools served under this part shall-- ``(A) report the results of all assessments described in paragraph (3) used to measure the performance of a student attending the school to each parent or legal guardian of the student; ``(B) report the results in a uniform and understandable format; ``(C) ensure that the reports are based on the same assessments described in paragraph (3); ``(D) include in the reports a description of whether the student has demonstrated `advanced', `proficient', `partially proficient', or `not proficient' levels of performance in each subject area; ``(E) include in the reports-- ``(i) a comparison of the proportions of students enrolled in that school, in the local educational agency, and in the State who are `not proficient', `partially proficient', `proficient', and `advanced' in each subject area, for each grade level at which assessments are conducted, with proportions in each of the same 4 categories at the same grade levels in the previous school year; ``(ii) the percentage of students in the school on which the results in clause (i) are based; and ``(iii) information, in the aggregate, on the qualifications of classroom teachers in the student's school, including-- ``(I) the percentage of classroom teachers in the school who meet all State and local requirements to teach at all grade levels and in all subject areas in which they provide instruction; ``(II) in middle and secondary schools, the percentage of classes taught by teachers who do not have a college major, or who have not passed a rigorous subject area test, in the subject being taught; and ``(III) the percentage of classroom teachers in the school teaching under `emergency' or other provisional credentials. ``(5) Dissemination of results to the public.--Each State plan shall contain assurances that, beginning in the 2001-2002 school year, and annually thereafter, each State shall-- ``(A) ensure that overall student performance data on all assessments described in paragraph (3) are compiled, published, and disseminated widely to the general public; ``(B) ensure that the data includes a comparison of the proportions of students who are `not proficient', `partially proficient', `proficient', and `advanced' at the grade levels at which assessments are conducted with proportions in each of the same 4 categories at the same grade levels in the previous school year; ``(C) ensure that the data is disaggregated within the State, local educational agency, and school by gender, by each major racial and ethnic group, by English proficiency status, by migrant status, by students with disabilities as compared to nondisabled students, and by economically disadvantaged students as compared to students who are not economically disadvantaged (except that such disaggregation shall not be required in a case where the number of students in any category is insufficient to yield statistically reliable information or the results would reveal individually identifiable information about an individual student); ``(D) ensure that the reports are-- ``(i) distributed to local print and broadcast media; and ``(ii) posted on a web site on the Internet.''. SEC. 103. TEACHER QUALITY. Section 1111 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311) is amended-- (1) by redesignating subsections (c) through (g) as subsections (e) through (i), respectively; and (2) by inserting after subsection (b) the following: ``(c) Teacher Quality.-- ``(1) Dissemination to parents.--Each State plan shall contain assurances that all schools served under this part make available to each parent, in a uniform and understandable format, information on the qualifications of their child's classroom teachers with regard to the subject areas and grade levels in which the teacher provides instruction. Such information shall include-- ``(A) whether the teacher has met all State qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction; ``(B) whether the teacher is teaching under `emergency' or other provisional status; ``(C) the college major of the teacher and any other graduate certification or degree held by the teacher, and the field or discipline of each certification or degree. ``(2) Special parental notification.--Each State plan shall contain assurances that-- ``(A) the State shall ensure that all schools served under this part notify in writing the parents or guardians of any student who is receiving academic instruction from a teacher who has not fully met all State requirements to provide instruction at the grade level at which, and in the subject areas in which, the teacher is providing instruction to the student; ``(B) the notification required under subparagraph (A) shall be made-- ``(i) to parents or guardians of any student who is receiving instruction from a teacher who has been exempted from State qualification and licensing criteria or for whom State qualification or licensing criteria have been waived under `emergency', `provisional', or other similar procedures; ``(ii) not more than 15 days after the student has been assigned to a teacher described in the subparagraph; and ``(C) before being allowed to accept a teaching assignment in the State, a teacher who has not fully met all State requirements to provide instruction at a grade level or in a subject area in which the teacher is to provide instruction is informed of the notification requirement under this paragraph. ``(3) Public reporting.--Each State plan shall contain assurances that the State shall compile, aggregate, publish, distribute to major print and broadcast media outlets throughout the State and post on a web site on the Internet the information described in paragraph (1) for each school, local educational agency, and the State. ``(4) Qualifications of certain instructional staff.-- ``(A) Each State plan shall contain assurances that, not later than 2 years after the date of the enactment of the School Quality Counts Act-- ``(i) all instructional staff who provide services to students under section 1114 or 1115 have demonstrated the subject matter knowledge, teaching knowledge, and teaching skill necessary to teach effectively in the content area or areas in which they provide instruction, according to the criteria described in this paragraph; ``(ii) except as provided in subparagraph (F), funds under this part may not be used to support instructional staff who provide services to students under section 1114 or 1115 for whom State qualification or licensing requirements have been waived or who are teaching under an `emergency' or other provisional credential. ``(B) For purposes of subparagraph (A), instructional staff who teach elementary school students are required, at a minimum, to hold a bachelors's degree and demonstrate general knowledge, teaching skill, and subject matter knowledge required to teach effectively in reading, writing, mathematics, social studies, science, and other elements of a liberal arts education. ``(C) For purposes of subparagraph (A), instructional staff who teach in middle schools and secondary schools are required, at a minimum, to hold a bachelor's degree or higher and demonstrate a high level of competence in all subject areas in which they teach through-- ``(i) a high level of performance on rigorous academic subject area tests; or ``(ii) completion of an academic major in each of the subject areas in which they provide instruction and at least a B average. ``(D) For purposes of subparagraph (A) funds under this part may be used to employ teacher aides or other paraprofessionals who do not meet the requirements under subparagraphs (B) and (C) only if such aides or paraprofessionals-- ``(i) provide instruction only when under the direct and immediate supervision, and in the immediate presence, of instructional staff who meet the criteria of this paragraph; and ``(ii) possess particular skills necessary to assist instructional staff in providing services to students served under this Act. ``(E) Each State plan shall contain assurances that beginning on the date of the enactment of the School Quality Counts Act, no school served under this part may use funds received under this Act to hire instructional staff who do not fully meet all the criteria for instructional staff described in this paragraph. ``(F) Each State plan shall contain assurances that not later than 6 months after the date of the enactment of the School Quality Counts Act, and annually thereafter, the principal of each school served under this part shall, in writing, attest to the fact that all members of their instructional staff meet the requirements of this paragraph. In a case in which there are instructional staff who have yet to meet all requirements to provide instruction in each of the subject areas and at each of the grade levels to which they are assigned to teach, the principal shall submit, in writing, a plan for ensuring that not later than 2 years after the date of the enactment of the School Quality Counts Act all instructional staff will either meet all requirements under this paragraph or will no longer provide instruction to students served under this part. ``(G) For purposes of this paragraph, the term `instructional staff' includes any individual who has responsibility for providing any student or group of students with instruction in any of the core academic subject areas, including reading, writing, language arts, mathematics, science, and social studies. ``(d) Each State plan shall describe how the State educational agency will help each local educational agency and school develop the capacity to comply with the requirements of this section.''. SEC. 104. QUALIFIED TEACHER IN EVERY CLASSROOM. (a) In General.--Title I of the Elementary and Secondary Education Act of 1965 is amended by inserting after section 1119 the following new section: ``SEC. 1119A. A QUALIFIED TEACHER IN EVERY CLASSROOM. ``(a) Uses of Funds.--In order to meet the goal under section 1111(c)(4) of ensuring that all instructional staff have the subject matter knowledge, teaching knowledge, and teaching skill necessary to teach effectively in the content area or areas in which they provide instruction, local educational agencies may, notwithstanding any other provision of law, use funds received under title II, title VI, and section 307 of the Department of Education Appropriations Act, 1999, the Higher Education Act of 1965, or the Goals 2000: Educate America Act-- ``(1) to recruit fully qualified teachers, including through the use of signing bonuses or other financial incentives; ``(2) to collaborate with programs that recruit, place, and train qualified teachers; or ``(3) to provide the necessary education and training, including paying the costs of college tuition and other student fees (for programs that meet the criteria under section 203(2)(A)(i) of the Higher Education Amendments of 1998), to help current teachers or other school personnel who do not meet these criteria attain the necessary qualifications and licensing requirements, except that in order to qualify for college tuition payments under this clause, an individual must be within 2 years of completing an undergraduate degree and must agree to teach for at least 2 subsequent years after receiving such degree in a school that-- ``(A) is located in a local educational agency that is eligible in that academic year for assistance under this title; and ``(B) for that academic year, has been determined by the Secretary to be a school in which the enrollment of children counted under section 1124(c) exceeds 50 percent of the total enrollment of that school. ``(b) Corrective Action.--The State educational agency shall take corrective action consistent with section 1116(c)(5)(B)(i), with the goal of meeting the requirements under this paragraph, against any local educational agency that does not make sufficient effort to comply with section 103 within the time specified. Such corrective action shall be taken regardless of the conditions set forth in section 1116(c)(5)(B)(ii). In a case in which the State fails to take corrective action, the Secretary shall withhold funds from such State up to an amount equal to that reserved under sections 1003(a) and 1603(c).''. (b) Instructional Aides.--Section 1119 of Elementary and Secondary Education Act of 1965 is amended by striking subsection (i). (c) Clerical Amendment.--The table of sections for the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 1119 the following new item: ``Sec. 1119A. A qualified teacher in every classroom.''. SEC. 105. LIMITATION. Part E of title XIV of the Elementary and Secondary Education Act of 1965 is amended by adding at the end the following: ``SEC. 14515. PROHIBITION REGARDING PROFESSIONAL DEVELOPMENT SERVICES. ``None of the funds provided under this Act may be used for any professional development services for a teacher that are not directly related to the curriculum and content areas in which the teacher provides instruction.''. TITLE II--ACADEMIC ACHIEVEMENT AWARDS PROGRAM SEC. 201. ACADEMIC ACHIEVEMENT AWARDS. Subpart 1 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311-6323) is amended-- (1) by redesignating sections 1120, 1120A, and 1120B as sections 1120A, 1120B, and 1120C, respectively; and (2) by inserting after section 1119A, as added by section 104 of this Act, the following: ``SEC. 1120. ACADEMIC ACHIEVEMENT AWARDS. ``(a) Establishment of Programs.--Each State receiving a grant under this title shall establish an Academic Achievement Awards Program to recognize and reward-- ``(1) local educational agencies and schools that operate programs under section 1114 or 1115 and that demonstrate outstanding yearly progress, consistent with section 1111(b)(2)(A), for 2 or more consecutive years; and ``(2) teachers who provide instruction in such programs. ``(b) Reservation.--Each State receiving a grant under this title shall reserve, from the amount (if any) by which the funds received by the State under this title for the fiscal year exceed the amount received by the State in the preceding fiscal year, 25 percent of such additional amount (plus any additional amount the State may find necessary to address a demonstrated need for an academic achievement award program), for awards to local educational agencies, schools, and teachers of classes that demonstrate outstanding yearly progress (consistent with section 1111(b)(2)(B)) for 2 or more consecutive years. ``(c) Types of Awards.--Each State shall use funds reserved under this section to present financial awards to-- ``(1) the schools and local educational agencies that the State determines have demonstrated the greatest progress in improving student achievement (consistent with section 1111(b)(2)(B)); and ``(2) teachers who demonstrate the ability to consistently help students make significant achievement gains, consistent with section 1111(b)(2)(B), in the subject areas in which the teacher provides instruction. ``(d) Calculation of Award Amounts.--Award amounts to local educational agencies and schools shall be proportionate to the amount of aid such local educational agency or school received under this part for the preceding fiscal year. The amount awarded to a teacher that qualifies for an award under this section shall be uniform throughout the State. ``(e) Special Rule.--Each State shall allocate not less than 85 percent of funds reserved under subsection (b) to schools that-- ``(1) reside in a local educational agency that is eligible in that academic year for assistance under section 1124; and ``(2) for that academic year, have been determined by the Secretary to be a school in which the enrollment of children counted under section 1124(c) exceeds 50 percent of the total enrollment of that school, or to teachers providing instruction within such schools. ``(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section such additional sums as may be necessary to supplement the academic achievement awards program. Such funds shall be allocated to a State in an amount proportionate to the amount of aid such State received under this part for the preceding fiscal year.''. TITLE III--CONFORMING AMENDMENTS; EFFECTIVE DATE SEC. 301. CONFORMING AMENDMENTS. (a) Section 102 Conforming Amendments.-- (1) Standards and assessments.--Section 1111(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(b)) is amended-- (A) in paragraph (1)(C), by striking ``paragraph (6)'' and inserting ``paragraph (8)''; and (B) in paragraph (7)(A), by striking ``paragraph (6)(B)'' and inserting ``paragraph (8)(B)''. (2) School improvement.--Section 1116(c)(1)(C) of such Act (20 U.S.C. 6317(c)(1)(C)) is amended by striking ``section 1111(b)(7)(B)'' and inserting ``section 1111(b)(9)(B)''. (3) State review and local educational agency improvement.--Section 1116(d)(3)(A)(ii) of such Act (20 U.S.C. 6317(d)(3)(A)) is amended by striking ``section 1111(b)(7)(B)'' and inserting ``section 1111(b)(9)(B)''. (4) Building capacity for involvement.--Section 1118(e)(1) of such Act (20 U.S.C. 6319(e)(1)) is amended by striking ``section 1111(b)(8)'' and inserting ``section 1111(b)(10)''. (b) Section 103 Conforming Amendments.--Section 1111(d)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311(d)(1)) is amended-- (1) in subparagraphs (C) and (E)(ii), by striking ``and (c)'' and inserting ``and (e)''; and (2) in subparagraph (D), by striking ``or (c)'' and inserting ``or (d)''. (c) Section 201 Conforming Amendments.-- (1) Authorization of appropriations.--Section 1002 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6302) is amended-- (A) in subsection (a), by striking ``section 1120(e)'' and inserting ``section 1120A(e)''; and (B) in subsection (e), by striking ``section 1120(e)'' and inserting ``section 1120A(e)''. (2) Additional state allocations for school improvement.-- Section 1003(b) of such Act (20 U.S.C. 6303(b)) is amended by striking ``section 1120(e)'' both places it appears and inserting ``section 1120A(e)''. (3) Assurances.--Section 1112(c)(1)(F) of such Act (20 U.S.C. 6312(c)(1)(F)) is amended by striking ``section 1120'' and inserting ``section 1120A''. (4) Local educational agency discretion.--Section 1113(b)(1)(C)(i) of such Act (20 U.S.C. 6313(b)(1)(C)(i)) is amended by striking ``section 1120A(c)'' and inserting ``section 1120B(c)''. (5) Assurances.--Section 1304(c)(2) of such Act (20 U.S.C. 6394(c)(2)) is amended-- (A) by striking ``section 1120'' and inserting ``section 1120A''; and (B) by striking ``section 1120A'' and inserting ``section 1120B''. (6) Programs and projects.--Section 1415(a)(2)(C) of such Act (20 U.S.C. 6435(a)(2)(C)) is amended by striking ``section 1120A'' and inserting ``section 1120B''. (7) Supplement, not supplant.--Section 1415(b) of such Act (20 U.S.C. 6435(b)) is amended by striking ``section 1120A'' and inserting ``section 1120B''. SEC. 302. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall take effect on the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:33.480571

BILLS-106hr1732ih

America's Red Rock Wilderness Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1732 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1732 To designate certain Federal land in the State of Utah as wilderness, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Hinchey (for himself, Mr. Ackerman, Mr. Allen, Mr. Andrews, Mr. Baird, Mr. Baldacci, Ms. Baldwin, Mr. Barrett of Wisconsin, Mr. Berman, Mr. Blagojevich, Mr. Blumenauer, Mr. Bonior, Mr. Borski, Mr. Boucher, Ms. Brown of Florida, Mr. Brown of California, Mr. Brown of Ohio, Mr. Campbell, Mrs. Capps, Mr. Capuano, Mr. Clay, Mr. Clyburn, Mr. Conyers, Mr. Costello, Mr. Coyne, Mr. Crowley, Mr. Cummings, Mr. Davis of Illinois, Mr. DeFazio, Ms. DeGette, Mr. Delahunt, Ms. DeLauro, Mr. Deutsch, Mr. Dicks, Mr. Dixon, Mr. Engel, Ms. Eshoo, Mr. Evans, Mr. Farr of California, Mr. Filner, Mr. Forbes, Mr. Frank of Massachusetts, Mr. Franks of New Jersey, Mr. Gejdenson, Mr. Green of Texas, Mr. Gutierrez, Mr. Hall of Ohio, Mr. Hastings of Florida, Mr. Hoeffel, Mr. Holden, Mr. Holt, Ms. Hooley of Oregon, Mr. Inslee, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas, Mr. Jefferson, Mrs. Kelly, Mr. Kennedy of Rhode Island, Mr. Kildee, Ms. Kilpatrick, Mr. Kleczka, Mr. Kucinich, Mr. LaFalce, Mr. Lampson, Mr. Lantos, Mr. Larson, Mr. Leach, Ms. Lee, Mr. Levin, Mr. Lewis of Georgia, Mr. Lipinski, Ms. Lofgren, Mrs. Lowey, Mr. Luther, Mrs. Maloney of New York, Mr. Maloney of Connecticut, Mr. Markey, Mr. Martinez, Mr. Matsui, Mrs. McCarthy of New York, Mr. McDermott, Mr. McGovern, Ms. McKinney, Mr. McNulty, Mr. Meehan, Mrs. Meek of Florida, Mr. Meeks of New York, Mr. Menendez, Mr. George Miller of California, Mrs. Mink of Hawaii, Mr. Moakley, Mr. Moran of Virginia, Mrs. Morella, Mr. Murtha, Mr. Nadler, Mrs. Napolitano, Mr. Neal of Massachusetts, Mr. Olver, Mr. Owens, Mr. Pallone, Mr. Pascrell, Mr. Payne, Mr. Phelps, Mr. Porter, Mr. Price of North Carolina, Ms. Rivers, Mr. Rothman, Ms. Roybal-Allard, Mr. Rush, Mr. Sabo, Ms. Sanchez, Mr. Sanders, Mr. Sawyer, Ms. Schakowsky, Mr. Serrano, Mr. Shays, Mr. Sherman, Ms. Slaughter, Mr. Smith of Washington, Mr. Spratt, Ms. Stabenow, Mr. Stark, Mrs. Tauscher, Mr. Thompson of Mississippi, Mr. Tierney, Mr. Towns, Mr. Udall of Colorado, Mr. Udall of New Mexico, Ms. Velazquez, Mr. Vento, Ms. Waters, Mr. Waxman, Mr. Weiner, Mr. Wexler, Mr. Weygand, Ms. Woolsey, and Mr. Wynn) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To designate certain Federal land in the State of Utah as wilderness, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``America's Red Rock Wilderness Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Title I--Designation of Wilderness Areas Sec. 101. Great Basin Wilderness Areas. Sec. 102. Zion and Mojave Desert Wilderness Areas. Sec. 103. Grand Staircase-Escalante Wilderness Areas. Sec. 104. Moab-LaSal Canyons Wilderness Areas. Sec. 105. Henry Mountains Wilderness Areas. Sec. 106. Glen Canyon Wilderness Areas. Sec. 107. San Juan-Anasazi Wilderness Areas. Sec. 108. Canyonlands Basin Wilderness Areas. Sec. 109. San Rafael Swell Wilderness Areas. Sec. 110. Book Cliffs and Uinta Basin Wilderness Areas. Title II--Administrative Provisions Sec. 201. General provisions. Sec. 202. Administration. Sec. 203. State school trust land within wilderness areas. Sec. 204. Water. Sec. 205. Roads. Sec. 206. Livestock. Sec. 207. Fish and wildlife. Sec. 208. Management of newly acquired land. Sec. 209. Withdrawal. Sec. 210. Authorization of appropriations. SEC. 2. DEFINITIONS. In this Act: (1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the Bureau of Land Management. (2) State.--The term ``State'' means the State of Utah. TITLE I--DESIGNATION OF WILDERNESS AREAS SEC. 101. GREAT BASIN WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) the Great Basin region of western Utah is comprised of starkly beautiful mountain ranges that rise as islands from the desert floor; (2) the Wah Wah Mountains in the Great Basin region are arid and austere, with massive cliff faces and leathery slopes speckled with pinon and juniper; (3) the Pilot Range and Stansbury Mountains in the Great Basin region are high enough to draw moisture from passing clouds and support ecosystems found nowhere else on earth; (4) from bristlecone pine, the world's oldest living organism, to newly-flowered mountain meadows, mountains of the Great Basin region are islands of nature that-- (A) support remarkable biological diversity; and (B) provide opportunities to experience the colossal silence of the Great Basin; and (5) the Great Basin region of western Utah should be protected and managed to ensure the preservation of the natural conditions of the region. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Barn Hills (approximately 21,000 acres). (2) Black Hills (approximately 9,000 acres). (3) Bullgrass Knoll (approximately 16,000 acres). (4) Burbank Hills/Tunnel Spring (approximately 94,000 acres). (5) Cedar Mountains (approximately 108,000 acres). (6) Conger Mountains (approximately 22,000 acres). (7) Cougar Canyon/Docs Pass (approximately 43,000 acres). (8) Crater Bench (approximately 35,000 acres). (9) Crater and Silver Island Mountains (approximately 124,000 acres). (10) Cricket Mountains Cluster (approximately 63,000 acres). (11) Deep Creek Mountains (approximately 114,000 acres). (12) Drum Mountains (approximately 40,000 acres). (13) Dugway Mountains (approximately 24,000 acres). (14) Fish Springs Range (approximately 53,000 acres). (15) Granite Peak (approximately 17,000 acres). (16) Grassy Mountains (approximately 24,000 acres). (17) Grouse Creek Mountains (approximately 15,000 acres). (18) House Range (approximately 174,000 acres). (19) Keg Mountains (approximately 38,000 acres). (20) King Top (approximately 101,000 acres). (21) Ledger Canyon (approximately 9,000 acres). (22) Little Goose Creek (approximately 1,300 acres). (23) Middle/Granite Mountains (approximately 82,000 acres). (24) Mount Escalante (approximately 17,000 acres). (25) Mountain Home Range (approximately 90,000 acres). (26) Newfoundland Mountains (approximately 23,000 acres). (27) Ochre Mountain (approximately 13,000 acres). (28) Painted Rock Mountain (approximately 26,000 acres). (29) Paradise/Steamboat Mountains (approximately 124,000 acres). (30) Pilot Range (approximately 46,000 acres). (31) Red Top (approximately 27,000 acres). (32) Rockwell-Little Sahara (approximately 12,000 acres). (33) San Francisco Mountains (approximately 40,000 acres). (34) Sand Ridge (approximately 73,000 acres). (35) Simpson Mountains (approximately 43,000 acres). (36) Snake Valley (approximately 101,000 acres). (37) Stansbury Mountains (approximately 25,000 acres). (38) Thomas Range (approximately 36,000 acres). (39) Tule Valley (approximately 156,000 acres). (40) Wah Wah Mountains (approximately 150,000 acres). (41) Wasatch/Sevier Plateaus (approximately 30,000 acres). (42) White Rock Range (approximately 5,500 acres). SEC. 102. ZION AND MOJAVE DESERT WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) the renowned landscape of Zion National Park, including soaring cliff walls, forested plateaus, and deep narrow gorges, extends beyond the boundaries of the Park onto surrounding public lands managed by the Secretary; (2) from the pink sand dunes of Moquith Mountain to the golden pools of Beaver Dam Wash, the Zion and Mojave Desert areas encompass 3 major provinces of the Southwest that include-- (A) the sculpted canyon country of the Colorado Plateau; (B) the Mojave Desert; and (C) portions of the Great Basin; (3) the Zion and Mojave Desert areas display a rich mosaic of biological, archaeological, and scenic diversity; (4) 1 of the last remaining populations of threatened desert tortoise is found within this region; and (5) the Zion and Mojave Desert areas in Utah should be protected and managed as wilderness areas. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Beaver Dam Mountains-North (approximately 19,000 acres). (2) Beaver Dam Mountains-South (approximately 12,000 acres). (3) Beaver Dam Wash (approximately 23,000 acres). (4) Beaver Dam Wilderness Expansion (approximately 7,600 acres). (5) Canaan Mountain (approximately 56,000 acres). (6) Cottonwood Canyon (approximately 12,000 acres). (7) Glass Eye Canyon (approximately 18,000 acres). (8) Joshua Tree (approximately 13,000 acres). (9) Parunuweap Canyon (approximately 44,000 acres). (10) Red Butte (approximately 4,200 acres). (11) Red Mountain (approximately 19,000 acres). (12) Scarecrow Peak (approximately 17,000 acres). (13) Zion Adjacent (approximately 56,000 acres). SEC. 103. GRAND STAIRCASE-ESCALANTE WILDERNESS AREAS. (a) Grand Staircase Area.-- (1) Findings.--Congress finds that-- (A) the area known as the Grand Staircase rises more than 6,000 feet in a series of great cliffs and plateaus from the depths of the Grand Canyon to the forested rim of Bryce Canyon; (B) the Grand Staircase-- (i) spans 6 major life zones, from the lower Sonoran Desert to the alpine forest; and (ii) encompasses geologic formations that display 3,000,000,000 years of Earth's history; (C) land managed by the Secretary lines the intricate canyon system of the Paria River and forms a vital natural corridor connection to the deserts and forests of these national parks; (D) land described in paragraph (2) (other than Upper Kanab Creek, Moquith Mountain, and Vermillion Cliffs) is located within the Grand Staircase-Escalante National Monument; and (E) the Grand Staircase in Utah should be protected and managed as a wilderness area. (2) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Bunting Point (approximately 11,000 acres). (B) East of Bryce (approximately 800 acres). (C) Ladder Canyon (approximately 14,000 acres). (D) Moquith Mountain (approximately 15,000 acres). (E) Nephi Point (approximately 13,000 acres). (F) Paria-Hackberry (approximately 186,000 acres). (G) land adjacent to the Paria Wilderness (approximately 2,900 acres). (H) Pine Hollow (approximately 10,000 acres). (I) Timber Mountain (approximately 46,000 acres). (J) Upper Kanab Creek (approximately 48,000 acres). (K) Vermillion Cliffs (approximately 27,000 acres). (L) Willis Creek (approximately 21,000 acres). (M) Willis Creek North (approximately 690 acres). (b) Kaiparowits Plateau.-- (1) Findings.--Congress finds that-- (A) the Kaiparowits Plateau east of the Paria River is 1 of the most rugged and isolated wilderness regions in the United States; (B) the Kaiparowits Plateau, a windswept land of harsh beauty, contains distant vistas and a remarkable variety of plant and animal species; (C) ancient forests, an abundance of big game animals, and 22 species of raptors thrive undisturbed on the grassland mesa tops of the Kaiparowits Plateau; (D) each of the areas described in paragraph (2) is located within the Grand Staircase-Escalante National Monument; and (E) the Kaiparowits Plateau should be protected and managed as a wilderness area. (2) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Andalex Not (approximately 15,000 acres). (B) Box Canyon (approximately 2,900 acres). (C) Burning Hills (approximately 80,000 acres). (D) Carcass Canyon (approximately 84,000 acres). (E) Fiftymile Bench (approximately 13,000 acres). (F) Fiftymile Mountain (approximately 201,000 acres). (G) Heaps Canyon (approximately 4,100 acres). (H) Horse Spring Canyon (approximately 32,000 acres). (I) Little Valley Canyon (approximately 4,100 acres). (J) Mud Spring Canyon (approximately 65,000 acres). (K) Nipple Bench (approximately 29,000 acres). (L) Paradise Canyon-Wahweap (approximately 264,000 acres). (M) Rock Cove (approximately 17,000 acres). (N) The Blues (approximately 22,000 acres). (O) The Cockscomb (approximately 12,000 acres). (P) Warm Creek (approximately 23,000 acres). (Q) Wide Hollow (approximately 7,100 acres). (c) Escalante Canyons.-- (1) Findings.--Congress finds that-- (A) glens and coves carved in massive sandstone cliffs, spring-watered hanging gardens, and the silence of ancient Anasazi ruins are examples of the unique features that entice hikers, campers, and sightseers from around the world to Escalante Canyon; (B) Escalante Canyon links the spruce fir forests of the 11,000-foot Aquarius Plateau with winding slickrock canyons that flow into Lake Powell; (C) Escalante Canyon, 1 of Utah's most popular natural areas, contains critical habitat for deer, elk, and wild bighorn sheep that also enhances the scenic integrity of the area; (D) each of the areas described in paragraph (2) is located within the Grand Staircase-Escalante National Monument; and (E) Escalante Canyon should be protected and managed as a wilderness area. (2) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (A) Brinkerhof Flats (approximately 3,100 acres). (B) Colt Mesa (approximately 28,000 acres). (C) Death Hollow (approximately 49,000 acres). (D) Forty Mile Gulch (approximately 5,500 acres). (E) Hurricane Wash (approximately 10,000 acres). (F) Lampstand (approximately 8,000 acres). (G) North Escalante Canyons (approximately 177,000 acres). (H) Pioneer Mesa (approximately 11,000 acres). (I) Scorpion (approximately 44,000 acres). (J) Sooner Bench (approximately 530 acres). (K) Steep Creek (approximately 35,000 acres). (L) Studhorse Peaks (approximately 24,000 acres). SEC. 104. MOAB-LASAL CANYONS WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) the canyons surrounding the La Sal Mountains and the town of Moab offer a variety of extraordinary landscapes; (2) outstanding examples of natural formations and landscapes in the Moab-LaSal area include the huge sandstone fins of Behind the Rocks, the mysterious Fisher Towers, and the whitewater rapids of Westwater Canyon; and (3) the Moab-LaSal area should be protected and managed as a wilderness area. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Beaver Creek (approximately 40,000 acres). (2) Behind the Rocks and Hunters Canyon (approximately 23,000 acres). (3) Big Triangle (approximately 21,000 acres). (4) Black Ridge Canyon (approximately 410 acres). (5) Dome Plateau-Professor Valley (approximately 35,000 acres). (6) Fisher Towers (approximately 18,000 acres). (7) Goldbar Canyon (approximately 6,900 acres). (8) Granite Creek (approximately 5,000 acres). (9) Mary Jane Canyon (approximately 24,000 acres). (10) Mill Creek (approximately 15,000 acres). (11) Porcupine Rim and Morning Glory (approximately 19,000 acres). (12) Westwater Canyon (approximately 37,000 acres). (13) Yellow Bird (approximately 400 acres). SEC. 105. HENRY MOUNTAINS WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) the Henry Mountain Range, the last mountain range to be discovered and named by early explorers in the contiguous United States, still retains a wild and undiscovered quality; (2) fluted badlands that surround the flanks of 11,000-foot Mounts Ellen and Pennell contain areas of critical habitat for mule deer and for the largest herd of free-roaming buffalo in the United States; (3) despite their relative accessibility, the Henry Mountain Range remains 1 of the wildest, least-known ranges in the United States; and (4) the Henry Mountain range should be protected and managed to ensure the preservation of the range as a wilderness area. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System. (1) Bull Mountain (approximately 17,000 acres). (2) Bullfrog Creek (approximately 35,000 acres). (3) Dogwater Creek (approximately 4,500 acres). (4) Fremont Gorge (approximately 21,000 acres). (5) Long Canyon (approximately 17,000 acres). (6) Mount Ellen-Blue Hills (approximately 132,000 acres). (7) Mount Hillers (approximately 19,000 acres). (8) Mount Pennell (approximately 147,000 acres). (9) Notom Bench (approximately 6,500 acres). (10) Ragged Mountain (approximately 28,000 acres). SEC. 106. GLEN CANYON WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) the side canyons of Glen Canyon, including the Dirty Devil River and the Red, White and Blue Canyons, contain some of the most remote and outstanding landscapes in southern Utah; (2) the Dirty Devil River, once the fortress hideout of outlaw Butch Cassidy's Wild Bunch, has sculpted a maze of slickrock canyons through an imposing landscape of monoliths and inaccessible mesas; (3) the Red and Blue Canyons contain colorful Chinle/ Moenkopi badlands found nowhere else in the region; and (4) the canyons of Glen Canyon in the State should be protected and managed as wilderness areas. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Cane Spring Desert (approximately 18,000 acres). (2) Dark Canyon (approximately 137,000 acres). (3) Dirty Devil (approximately 243,000 acres). (4) Fiddler Butte (approximately 93,000 acres). (5) Flat Tops (approximately 30,000 acres). (6) Little Rockies (approximately 63,000 acres). (7) Red Rock Plateau (approximately 210,000 acres). (8) White Canyon (approximately 96,000 acres). SEC. 107. SAN JUAN-ANASAZI WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) more than 1,000 years ago, the Anasazi Indian culture flourished in the slickrock canyons and on the pinon-covered mesas of southeastern Utah; (2) evidence of the ancient presence of the Anasazi pervades the Cedar Mesa area of the San Juan-Anasazi area where cliff dwellings, rock art, and ceremonial kivas embellish sandstone overhangs and isolated benchlands; (3) the Cedar Mesa area is in need of protection from the vandalism and theft of its unique cultural resources; (4) the Cedar Mesa wilderness areas should be created to protect both the archaeological heritage and the extraordinary wilderness, scenic, and ecological values of the United States; and (5) the San Juan-Anasazi area should be protected and managed as a wilderness area to ensure the preservation of the unique and valuable resources of that area. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Allen Canyon (approximately 9,000 acres). (2) Arch Canyon (approximately 31,000 acres). (3) Comb Ridge (approximately 16,000 acres). (4) East Montezuma (approximately 48,000 acres). (5) Fish and Owl Creek Canyons (approximately 72,000 acres). (6) Grand Gulch (approximately 158,000 acres). (7) Hammond Canyon (approximately 4,600 acres). (8) Nokai Dome (approximately 94,000 acres). (9) Road Canyon (approximately 63,000 acres). (10) San Juan River (Sugarloaf) (approximately 15,000 acres). (11) The Tabernacle (approximately 7,700 acres). SEC. 108. CANYONLANDS BASIN WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) Canyonlands National Park safeguards only a small portion of the extraordinary red-hued, cliff-walled canyonland region of the Colorado Plateau; (2) areas near Arches National Park and Canyonlands National Park contain canyons with rushing perennial streams, natural arches, bridges, and towers; (3) the gorges of the Green and Colorado Rivers, lie on adjacent land managed by the Secretary; (4) popular overlooks in Canyonlands Nations Park and Dead Horse Point State Park have views directly into adjacent areas, including Lockhart Basin and Indian Creek; and (5) designation of these areas as wilderness would ensure the protection of this erosional masterpiece of nature and of the rich pockets of wildlife found within its expanded boundaries. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Bridger Jack Mesa (approximately 33,000 acres). (2) Butler Wash (approximately 29,000 acres). (3) Dead Horse Cliffs (approximately 3,000 acres). (4) Demon's Playground (approximately 3,700 acres). (5) Duma Point (approximately 10,000 acres). (6) Gooseneck (approximately 9,000 acres). (7) Hatch Point Canyons/Lockhart Basin (approximately 149,000 acres). (8) Horsethief Point (approximately 14,000 acres). (9) Indian Creek (approximately 28,000 acres). (10) Labyrinth Canyon (approximately 152,000 acres). (11) San Rafael River (approximately 102,000 acres). (12) Shay Mountain (approximately 15,000 acres). (13) Sweetwater Reef (approximately 69,000 acres). (14) Upper Horseshoe Canyon (approximately 60,000 acres). SEC. 109. SAN RAFAEL SWELL WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) the San Rafael Swell towers above the desert like a castle, ringed by 1,000-foot ramparts of Navajo Sandstone; (2) the highlands of the San Rafael Swell have been fractured by uplift and rendered hollow by erosion over countless millennia, leaving a tremendous basin punctuated by mesas, buttes, and canyons and traversed by sediment-laden desert streams; (3) among other places, the San Rafael wilderness offers exceptional back country opportunities in the colorful Wild Horse Badlands, the monoliths of North Caineville Mesa, the rock towers of Cliff Wash, and colorful cliffs of Humbug Canyon; (4) the mountains within these areas are among Utah's most valuable habitat for desert bighorn sheep; and (5) the San Rafael Swell area should be protected and managed to ensure its preservation as a wilderness area. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System: (1) Cedar Mountain (approximately 15,000 acres). (2) Devils Canyon (approximately 23,000 acres). (3) Hondu Country (approximately 20,000 acres). (4) Jones Bench (approximately 2,800 acres). (5) Limestone Cliffs (approximately 24,000 acres). (6) Lost Spring Wash (approximately 36,000 acres). (7) Mexican Mountain (approximately 99,000 acres). (8) Molen Reef (approximately 33,000 acres). (9) Muddy Creek (approximately 235,000 acres). (10) Mussentuchit Badlands (approximately 25,000 acres). (11) Price River-Humbug (approximately 99,000 acres). (12) Red Desert (approximately 40,000 acres). (13) Rock Canyon (approximately 17,000 acres). (14) San Rafael Reef (approximately 105,000 acres). (15) Sids Mountain (approximately 146,000 acres). (16) Upper Muddy Creek (approximately 19,000 acres). (17) Wild Horse Mesa (approximately 91,000 acres). SEC. 110. BOOK CLIFFS AND UINTA BASIN WILDERNESS AREAS. (a) Findings.--Congress finds that-- (1) the Book Cliffs and Uinta Basin wilderness areas offer-- (A) unique big game hunting opportunities in verdant high-plateau forests; (B) the opportunity for float trips of several days duration down the Green River in Desolation Canyon; and (C) the opportunity for calm water canoe weekends on the White River; (2) the long rampart of the Book Cliffs bounds the area on the south, while seldom-visited uplands, dissected by the rivers and streams, slope away to the north into the Uinta Basin; (3) bighorn sheep, elk, mule deer, bears, and cougars flourish in the back country of the Book Cliffs; and (4) the Book Cliffs and Uinta Basin areas should be protected and managed to ensure the protection of the areas as wilderness. (b) Designation.--In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System. (1) Bourdette Draw (approximately 16,000 acres). (2) Bull Canyon (approximately 3,000 acres). (3) Chipeta Cluster (approximately 98,000 acres). (4) Desbrough Canyon (approximately 13,000 acres). (5) Desolation Canyon (approximately 552,000 acres). (6) Diamond Canyon (approximately 167,000 acres). (7) Diamond Breaks (approximately 8,000 acres). (8) Diamond Mountain (also known as ``Wild Mountain'') (approximately 27,000 acres). (9) Goslin Mountain (approximately 5,100 acres). (10) Hideout Canyon (approximately 13,000 acres). (11) Lower Bitter Creek (approximately 14,000 acres). (12) Lower Flaming Gorge (approximately 20,000 acres). (13) Mexico Point (approximately 15,000 acres). (14) Moonshine Draw (also known as ``Daniels Canyon'') (approximately 10,000 acres). (15) O-Wi-Yu-Kuts (approximately 11,000 acres). (16) Red Creek Badlands (approximately 3,800 acres). (17) Sunday School Canyon (approximately 18,000 acres). (18) Survey Point (approximately 9,000 acres). (19) Tabyago Canyon (approximately 21,000 acres). (20) Turtle Canyon (approximately 37,000 acres). (21) White River (approximately 19,000 acres). (22) Winter Ridge (approximately 38,000 acres). TITLE II--ADMINISTRATIVE PROVISIONS SEC. 201. GENERAL PROVISIONS. (a) Names of Wilderness Areas.--Each wilderness area named in title I shall-- (1) consist of the quantity of land referenced with respect to that named area, as generally depicted on the map entitled ``Utah BLM Wilderness Proposed by S. 861, 106th Congress''; and (2) be known by the name given to it in title I. (b) Map and Description.-- (1) In general.--As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated by this Act with-- (A) the Committee on Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) Force of law.--A map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map and legal description. (3) Public availability.--Each map and legal description filed under paragraph (1) shall be filed and made available for public inspection in the Office of the Director of the Bureau of Land Management. SEC. 202. ADMINISTRATION. Subject to valid rights in existence on the date of enactment of this Act, each wilderness area designated under this Act shall be administered by the Secretary in accordance with-- (1) the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and (2) the Wilderness Act (16 U.S.C. 1131 et seq.). SEC. 203. STATE SCHOOL TRUST LANDS WITHIN WILDERNESS AREAS. (a) In General.--Subject to subsection (b), if State-owned land is included in an area designated by this Act as a wilderness area, the Secretary shall offer to exchange land owned by the United States in the State of approximately equal value in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)) and section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)). (b) Mineral Interests.--The Secretary shall not transfer any mineral interests under subsection (a) unless the State transfers to the Secretary any mineral interests in land designated by this Act as a wilderness area. SEC. 204. WATER. (a) Reservation.-- (1) Water for wilderness areas.-- (A) In general.--With respect to each wilderness area designated by this Act, Congress reserves a quantity of water determined by the Secretary to be sufficient for the wilderness area. (B) Priority date.--The priority date of a right reserved under subparagraph (A) shall be the date of enactment of this Act. (2) Protection of rights.--The Secretary and other officers and employees of the United States shall take any steps necessary to protect the rights reserved by paragraph (1)(A), including the filing of a claim for the quantification of the rights in any present or future appropriate stream adjudication in the courts of the State-- (A) in which the United States is or may be joined; and (B) that is conducted in accordance with section 208 of the Department of Justice Appropriation Act, 1953 (66 Stat. 560, chapter 651). (b) Prior Rights Not Affected.--Nothing in this Act relinquishes or reduces any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act. (c) Administration.-- (1) Specification of rights.--The Federal water rights reserved by this Act are specific to the wilderness areas designated by this Act. (2) No precedent established.--Nothing in this Act related to reserved Federal water rights-- (A) shall establish a precedent with regard to any future designation of water rights; or (B) shall affect the interpretation of any other Act or any designation made under any other Act. SEC. 205. ROADS. (a) Setbacks.-- (1) Measurement in general.--A setback under this section shall be measured from the center line of the road. (2) Wilderness on 1 side of roads.--Except as provided in subsection (b), a setback for a road with wilderness on only 1 side shall be set at-- (A) 300 feet from a paved Federal or State highway; (B) 100 feet from any other paved road or high standard dirt or gravel road; and (C) 30 feet from any other road. (3) Wilderness on both sides of roads.--Except as provided in subsection (b), a setback for a road with wilderness on both sides (including cherry-stems or roads separating 2 wilderness units) shall be set at-- (A) 200 feet from a paved Federal or State highway; (B) 40 feet from any other paved road or high standard dirt or gravel road; and (C) 10 feet from any other roads. (b) Setback Exceptions.-- (1) Well-defined topographical barriers.--If, between the road and the boundary of a setback area described in paragraph (2) or (3) of subsection (a), there is a well-defined cliff edge, stream bank, or other topographical barrier, the Secretary shall use the barrier as the wilderness boundary. (2) Fences.--If, between the road and the boundary of a setback area specified in paragraph (2) or (3) of subsection (a), there is a fence running parallel to a road, the Secretary shall use the fence as the wilderness boundary if, in the opinion of the Secretary, doing so would result in a more manageable boundary. (3) Deviations from setback areas.-- (A) Exclusion of disturbances from wilderness boundaries.--In cases where there is an existing livestock development, dispersed camping area, borrow pit, or similar disturbance within 100 feet of a road that forms part of a wilderness boundary, the Secretary may delineate the boundary so as to exclude the disturbance from the wilderness area. (B) Limitation on exclusion of disturbances.--The Secretary shall make a boundary adjustment under subparagraph (A) only if the Secretary determines that doing so is consistent with wilderness management goals. (C) Deviations restricted to minimum necessary.-- Any deviation under this paragraph from the setbacks required under in paragraph (2) or (3) of subsection (a) shall be the minimum necessary to exclude the disturbance. (c) Delineation Within Setback Area.--The Secretary may delineate a wilderness boundary at a location within a setback under paragraph (2) or (3) of subsection (a) if, as determined by the Secretary, the delineation would enhance wilderness management goals. SEC. 206. LIVESTOCK Within the wilderness areas designated under title I, the grazing of livestock authorized on the date of enactment of this Act shall be permitted to continue subject to such reasonable regulations and procedures as the Secretary considers necessary, as long as the regulations and procedures are consistent with-- (1) the Wilderness Act (16 U.S.C. 1131 et seq.); and (2) section 101(f) the Arizona Desert Wilderness Act of 1990 (Public Law 101-628; 104 Stat. 4469). SEC. 207. FISH AND WILDLIFE. Nothing in this Act affects the jurisdiction of the State with respect to wildlife and fish on the public land located in the State. SEC. 208. MANAGEMENT OF NEWLY ACQUIRED LANDS. Any land within the boundaries of a wilderness area designated under this Act that is acquired by the Federal Government shall-- (1) become part of the wilderness area in which the land is located; and (2) be managed in accordance with this Act and other laws applicable to wilderness areas. SEC. 209. WITHDRAWAL. Subject to valid rights existing on the date of enactment of this Act, the Federal land referred to in title I is withdrawn from all forms of-- (1) entry, appropriation, or disposal under public law; (2) location, entry, and patent under mining law; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. SEC. 210. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated such sums as are necessary to carry out this Act. <all>

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2024-06-24T03:05:33.570393

BILLS-106hr1738ih

To amend title 49, United States Code, to provide slot exemptions for nonstop regional jet service, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1738 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1738 To amend title 49, United States Code, to provide slot exemptions for nonstop regional jet service, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Wamp introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To amend title 49, United States Code, to provide slot exemptions for nonstop regional jet service, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SLOT EXEMPTIONS FOR NONSTOP REGIONAL JET SERVICE. (a) In General.--Subchapter I of chapter 417 of title 49, United States Code, is amended by adding at the end the following: ``Sec. 41717. Slot exemptions for nonstop regional jet service ``(a) In General.--Within 90 days after receiving a joint application from an air carrier and a community primarily served by a small hub airport or a nonhub airport (as such terms are defined in section 41731(a)) for an exemption to provide nonstop regional jet air service between-- ``(1) the small hub airport or nonhub airport; and ``(2) a high density airport (as such term is defined in section 41715), the Secretary of Transportation shall grant the exemption. ``(b) Application May Be Denied for Safety or Environmental Reasons.--Notwithstanding subsection (a), the Secretary shall not grant an exemption requested under subsection (a) if-- ``(1) granting the exemption would not be in accordance with established principles of safety; or ``(2) the exemption would violate the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.). ``(c) Conditions.--The Secretary may grant an exemption to an air carrier under subsection (a)-- ``(1) for a period of not less than 12 months; ``(2) for a minimum of 2 daily roundtrip flights; and ``(3) for a maximum of 4 daily roundtrip flights. ``(d) Forfeiture for Misuse.--Any exemption granted under subsection (a) shall be terminated immediately by the Secretary if the air carrier to which it was granted uses the slot for any purpose other than the purpose for which it was granted or in violation of the conditions under which it was granted. ``(e) Priority to New Entrants and Limited Incumbent Carriers.-- ``(1) In general.--In granting slot exemptions under this section the Secretary shall give priority consideration to an application from an air carrier that, as of July 1, 1998, operated or held fewer than 20 slots or slot exemptions at the high density airport for which it filed an exemption application. ``(2) Limitation.--No priority may be given under paragraph (1) to an air carrier that, at the time of application, operates or holds 20 or more slots and slot exemptions at the airport for which the exemption application is filed. ``(3) Affiliated carriers.--The Secretary shall treat all commuter air carriers that have cooperative agreements including code-share agreements, with other air carriers equally for determining eligibility for exemptions under this section regardless of the form of the corporate relationship between the commuter air carrier and the other air carrier. ``(f) Stage 3 Aircraft Required.--An exemption may not be granted under this section with respect to any aircraft that is not a Stage 3 aircraft (as defined by the Secretary). ``(g) Regional Jet Defined.--In this section, the term `regional jet' means a passenger, turbofan-powered aircraft carrying not fewer than 30 and not more than 50 passengers. ``(h) Preemption.--If the provisions of this section conflict with any other provision of law or regulation prescribed thereunder which a limitation is imposed on the number of slots available at any airport, then the provisions of this section shall take precedence.''. (b) Conforming Amendments.-- (1) Limited incumbent air carrier defined.--Section 40102 of title 49, United States Code, is amended by inserting after paragraph (28) the following: ``(28A) Limited incumbent air carrier.--The term `limited incumbent air carrier' has the meaning given that term in subpart S of part 93 of title 14, Code of Federal Regulations; except that `20' shall be substituted for `12' in sections 93.213(a)(5), 93.223(c)(32), and 93.226(h) as such sections were in effect on August 1, 1998.''. (2) Chapter analysis.--The analysis for chapter 417 of such title is amended by inserting after the item relating to section 41716 the following: ``41717. Slot exemptions for nonstop regional jet services.''. <all>

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2024-06-24T03:05:33.759911

BILLS-106hr1733ih

Paul E. Tsongas Fellowship Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1733 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1733 To establish doctoral fellowships designed to increase the pool of scientists and engineers trained specifically to address the global energy and environmental challenges of the 21st century. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Meehan (for himself, Mr. Delahunt, Mr. Capuano, Mr. Neal of Massachusetts, Mr. Moakley, Mr. Tierney, Mr. Markey, Mr. McGovern, Mr. Olver, and Mr. Frank of Massachusetts) introduced the following bill; which was referred to the Committee on Science _______________________________________________________________________ A BILL To establish doctoral fellowships designed to increase the pool of scientists and engineers trained specifically to address the global energy and environmental challenges of the 21st century. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Paul E. Tsongas Fellowship Act''. SEC. 2. STATEMENT OF PURPOSE. It is the purpose of this Act to encourage individuals of exceptional achievement and promise, especially members of traditionally underrepresented groups, to pursue careers in fields that confront the global energy and environmental challenges of the 21st century. SEC. 3. DOCTORAL FELLOWSHIPS AUTHORIZED. (a) Program Authorized.--The Secretary of Energy is authorized to award doctoral fellowships, to be known as Paul E. Tsongas Doctoral Fellowships, in accordance with the provisions of this Act for study and research in fields of science or engineering that relate to energy or the environment such as physics, mathematics, chemistry, biology, computer science, materials science, environmental science, behavioral science, and social sciences at institutions proposed by applicants for such fellowships. (b) Period of Award.--A fellowship under this section shall be awarded for a period of three succeeding academic years, beginning with the commencement of a program of doctoral study. (c) Fellowship Portability.--Each Fellow shall be entitled to use the fellowship in a graduate program at any accredited institution of higher education in which the recipient may decide to enroll. (d) Number of Fellowships.--As many fellowships as may be fully funded according to this Act shall be awarded each year. (e) Designation of Fellows.--Each individual awarded a fellowship under this Act shall be known as a ``Paul E. Tsongas Fellow'' (hereinafter in this Act referred to as a ``Fellow''). SEC. 4. ELIGIBILITY AND SELECTION OF FELLOWS. (a) Eligibility.--Only United States citizens are eligible to receive awards under this Act. (b) Fellowship Board.-- (1) Appointment.--The Secretary, in consultation with the Director of the National Science Foundation, shall appoint a Paul E. Tsongas Fellowship Board (hereinafter in this part referred to as the ``Board'') consisting of 5 representatives of the academic science and engineering communities who are especially qualified to serve on the Board. The Secretary shall assure that individuals appointed to the Board are broadly knowledgeable about and have experience in graduate education in relevant fields. (2) Duties.--The Board shall-- (A) establish general policies for the program established by this part and oversee its operation; (B) establish general criteria for awarding fellowships; (C) award fellowships; and (D) prepare and submit to the Congress at least once in every 3-year period a report on any modifications in the program that the Board determines are appropriate. (3) Term.--The term of office of each member of the Board shall be 3 years, except that any member appointed to fill a vacancy shall serve for the remainder of the term for which the predecessor of the member was appointed. No member may serve for a period in excess of 6 years. (4) Initial meeting; vacancy.--The Secretary shall call the first meeting of the Board, at which the first order of business shall be the election of a Chairperson and a Vice Chairperson, who shall serve until 1 year after the date of their appointment. Thereafter each officer shall be elected for a term of 2 years. In case a vacancy occurs in either office, the Board shall elect an individual from among the members of the Board to fill such vacancy. (5) Quorum; additional meetings.--(A) A majority of the members of the Board shall constitute a quorum. (B) The Board shall meet at least once a year or more frequently, as may be necessary, to carry out its responsibilities. (6) Compensation.--Members of the Board, while serving on the business of the Board, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding the rate of basic pay payable for level IV of the Executive Schedule, including traveltime, and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (c) Underrepresented Groups.--In designing selection criteria and awarding fellowships, the Board shall-- (1) consider the need to prepare a larger number of women and individuals from minority groups, especially from among such groups that have been traditionally underrepresented in the professional and academic fields referred to in section 2, but nothing contained in this or any other provision of this Act shall be interpreted to require the Secretary to grant any preference or disparate treatment to the members of any underrepresented group; and (2) take into account the need to expand access by women and minority groups to careers heretofore lacking adequate representation of women and minority groups. SEC. 5. PAYMENTS, STIPENDS, TUITION, AND EDUCATION AWARDS. (a) Amount of Award.-- (1) Stipends.--The Secretary shall pay to each individual awarded a fellowship under this Act a stipend in the amount of $15,000, $16,500, and $18,000 during the first, second, and third years of study, respectively. (2) Tuition.--The Secretary shall pay to the appropriate institution an amount adequate to cover the tuition, fees, and health insurance of each individual awarded a fellowship under this Act. (3) Administrative and travel allowance.--The Secretary shall pay to each host institution an annual $5,000 allowance for the purpose of covering-- (A) administrative expenses; (B) travel expenses associated with Fellow participation in academic seminars or conferences approved by the host institution; and (C) round-trip travel expenses associated with Fellow participation in the internship required by section 6 of this Act. SEC. 6. REQUIREMENT. Each Fellow shall participate in a 3-month internship related to the dissertation topic of the Fellow at a national laboratory, equivalent industrial laboratory, or any other institution or agency approved by the host institution. SEC. 7. FELLOWSHIP CONDITIONS. (a) Academic Progress Required.--No student shall receive support pursuant to an award under this Act-- (1) except during periods in which such student is maintaining satisfactory progress in, and devoting essentially full time to, study or research in the field in which such fellowship was awarded, or (2) if the student is engaging in gainful employment other than part-time employment involved in teaching, research, or similar activities determined by the institution to be in support of the student's progress toward a degree. (b) Reports From Recipients.--The Secretary is authorized to require reports containing such information in such form and filed at such times as the Secretary determines necessary from any person awarded a fellowship under the provisions of this Act. The reports shall be accompanied by a certificate from an appropriate official at the institution of higher education, or other research center, stating that such individual is fulfilling the requirements of this section. (c) Failure To Earn Degree.--A recipient of a fellowship under this Act found by the Secretary to have failed in or abandoned the course of study for which assistance was provided under this Act may be required, at the discretion of the Secretary, to repay a pro rata amount of such fellowship assistance received, plus interest and, where applicable, reasonable collection fees, on a schedule and at a rate of interest to be prescribed by the Secretary by regulations issued pursuant to this Act. SEC. 8. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated for this Act $5,000,000 for fiscal year 2000 and such sums as may be necessary for the succeeding fiscal years. SEC. 9. APPLICATION OF GENERAL EDUCATIONAL PROVISIONS ACT. Section 421 of the General Educational Provisions Act, pertaining to the availability of funds, shall apply to this Act. SEC. 10. DEFINITIONS. For purposes of this Act-- (1) The term ``Secretary'' means the Secretary of Energy. (2) The term ``host institution'' means an institution where a Paul E. Tsongas Fellow is enrolled for the purpose of pursuing doctoral studies for which support is provided under this Act. <all>

usgpo

2024-06-24T03:05:33.873064

BILLS-106hr1735ih

Empowering Parents to Fight Drugs Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1735 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1735 To establish a grant program to enable local educational agencies to develop and implement a random drug testing program for students in grades 7 through 12. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Peterson of Pennsylvania (for himself and Mr. Barton of Texas) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To establish a grant program to enable local educational agencies to develop and implement a random drug testing program for students in grades 7 through 12. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Empowering Parents to Fight Drugs Act of 1999''. SEC. 2. GRANT AUTHORIZATION. (a) State Grants.-- (1) In general.--The Secretary is authorized to provide grants to specially qualified agencies and to State educational agencies for use by local educational agencies in the State to develop and implement a random drug testing program for students in grades 7 through 12. (2) State application.--Any State educational agency desiring to receive a grant under this Act for any fiscal year shall submit an application to the Secretary at such time and in such manner as the Secretary may require. (b) Local Subgrants.-- (1) In general.--Each State educational agency that receives a grant award under this Act shall award not less than 99.75 of such amount to provide subgrants to local educational agencies. (2) Local application.--Each local educational agency desiring to receive a grant under this Act for any fiscal year, other than a specially qualified agency, shall submit an application to the State at such time and in such manner as the State may require. SEC. 3. ALLOCATION. (a) In General.-- (1) State allocation.--After reserving amounts for administrative costs in accordance with subsection (b)(1), from the total amount appropriated under section 7 in any fiscal year, the Secretary shall allocate to each State educational agency an amount that bears the same ratio to such total amount as the number of students enrolled in grades 7 through 12 in such State in the preceding fiscal year bears to the total number of such students for all States for that fiscal year. (2) Local allocation.--After reserving amounts for administrative costs in accordance with subsection (b)(2), of the amount made available to the State under this Act in any fiscal year, the State shall allocate to each local educational agency an amount that bears the same ratio to such remaining amount as the number of students enrolled in grades 7 through 12 in such agency bears to the total number of such students in all local educational agencies in the State for that fiscal year. (b) Administrative Costs .-- (1) Secretary.--The Secretary may reserve the lesser of $200,000 or 0.10 percent of the total amount appropriated to carry out this Act in each fiscal year for the costs of administration. (2) State educational agencies.--Each State educational agency may reserve not more than 0.25 percent of any grant funds received under this Act in each fiscal year for the costs of administration. (3) Local educational agencies.--Each local educational agency may reserve not more than 5 percent of any grant funds received under this Act in each fiscal year for the costs of administration. (c) Direct Grants to Specially Qualified Agencies.-- (1) In general.--If a State does not qualify or apply for funds reserved for allocation under subsection (a)(1) by the application deadline established by the Secretary, any specially qualified agency in such State desiring to receive a grant under this Act shall apply to the Secretary to receive a portion of the amount allocated to the State. (2) Award basis.--The Secretary may use the average amount allocated by the States to local educational agencies under subsection (a)(2) as a basis for awarding grants under this subsection. (3) Reallocation.--Any funds remaining in a fiscal year after the application of this subsection shall be redistributed to States which have a received a grant award under this Act for such fiscal year. SEC. 4. REQUIREMENTS AND OPTIONAL ACTIVITIES. (a) In General.--Each local educational agency that receives a grant under this Act, other than a specially qualified agency, shall certify to the State educational agency and each specially qualified agency shall certify to the Secretary that-- (1) funds received under this Act shall be used in accordance with subsection (b); (2) the agency shall develop a plan to implement a random drug testing program; (3) before implementation, any random drug testing plan or subsequent amendment to such plan shall be considered a public document and made available to the public for review, not later than 30 days after such plan or amendment is available; and (4) the agency shall provide, either directly or through private contributions, non-Federal matching funds equal to not less than 50 percent of the amount of the grant to carry out this Act. (b) Uses of Funds.-- (1) Required uses of funds.--A local educational agency that receives a grant under this Act shall, either directly or through contract with outside sources, provide for a random drug test of each student in grades 7 through 12 not less than once each year. Such test shall, at a minimum, include a drug screening for marijuana, amphetamines, phencyclidine (PCP), opiates, and cocaine. (2) Optional uses of funds.--After a local educational agency has complied with the requirements of paragraph (1), the agency may use any remaining funds available for the following: (A) Law enforcement assistance.--To contract with local law enforcement agencies to assist in drug detection in schools, including the use of drug sniffing dogs. (B) Additional tests.--To test students more than once during a school year. SEC. 5. GENERAL REQUIREMENTS. (a) Reporting of Test Results.--Each local educational agency that receives funds under this Act shall inform parents in detail about the random testing program and ensure that-- (1) at the beginning of each school year, parents are notified of their right to withdraw their child from participation in the random drug testing program; and (2) parents receive, on a timely basis, the positive results of any drug test of a child who participates in the program. (b) Confidentiality.--Each local educational agency shall develop and enforce standards designed to protect the confidentiality of all student drug test results. (c) Medical Review Officer.-- (1) In general.--Each local educational agency that receives a grant under this Act shall provide, either directly or through contract, for a medical review officer. (2) Duties.--Each medical review officer shall be designated to receive all student drug test results. (A) First positive result.--In the case of the first positive test result of a student, the medical review officer shall be responsible to inform only parents of the results by making every attempt feasible to meet with the parents of such student and inform the parents of the results and resources and services of rehabilitation and education available in the community. (B) Consecutive positive results.--In the case of a student who has 2 or more consecutive positive test results, the medical review officer shall be responsible to inform parents and school officials who may determine the appropriate action for the student based on school policy. SEC. 6. DEFINITIONS. For purposes of this Act-- (1) the term ``medical review officer'' means a licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by a local educational agency's random drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate a student's confirmed positive test result together with the student's medical history and any other relevant biomedical information; (2) the term ``parent'' includes a legal guardian or other person standing in loco parentis; (3) the term ``Secretary'' means the Secretary of Education; (4) the term ``specially qualified agency'' means a local educational agency, located in a State that did not receive a grant under this Act in a fiscal year, that applies directly to the Secretary for a grant in accordance with section 3(c) for such year; and (5) the term ``State'' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, and Guam. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 2000 through 2004. <all>

usgpo

2024-06-24T03:05:33.887307

BILLS-106hr1737ih

To prohibit United States reconstruction assistance for the Federal Republic of Yugoslavia (Serbia and Montenegro) as a result of Operation Allied Force.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1737 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1737 To prohibit United States reconstruction assistance for the Federal Republic of Yugoslavia (Serbia and Montenegro) as a result of Operation Allied Force. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Sweeney introduced the following bill; which was referred to the Committee on International Relations _______________________________________________________________________ A BILL To prohibit United States reconstruction assistance for the Federal Republic of Yugoslavia (Serbia and Montenegro) as a result of Operation Allied Force. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PROHIBITION ON RECONSTRUCTION ASSISTANCE FOR THE FEDERAL REPUBLIC OF YUGOSLAVIA (SERBIA AND MONTENEGRO). (a) Prohibition.--No funds appropriated or otherwise made available in any Act (for any fiscal year) may be obligated or expended for the provision of reconstruction assistance for the Federal Republic of Yugoslavia (Serbia and Montenegro) as a result of Operation Allied Force. (b) Operation Allied Force.--In this section, the term ``Operation Allied Force'' means operations of the North Atlantic Treaty Organization (NATO) conducted against the Federal Republic of Yugoslavia (Serbia and Montenegro) during the period beginning on March 24, 1999, and ending on such date as NATO may designate, to resolve the conflict with respect to Kosovo. <all>

usgpo

2024-06-24T03:05:33.904826

BILLS-106hr1740ih

To reliquidate certain entries of N,N-dicyolohexyll-2-benzothazole- sulfenamide.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1740 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1740 To reliquidate certain entries of N,N-dicyolohexyll-2-benzothazole- sulfenamide. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Ford introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To reliquidate certain entries of N,N-dicyolohexyll-2-benzothazole- sulfenamide. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN ENTRIES OF N,N- DICYOLOHEXYLL-2-BENZOTHAZOLE-SULFENAMIDE. (a) In General.--Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C. 15144), or any other provision of law, the Customs Service shall-- (1) not later than 90 days after receiving a request described in subsection (b), liquidate or reliquidate as free from duty the entries listed in subsection (c); and (2) within 90 days after such liquidation or reliquidation, refund any duties paid with respect to such entry, including interest from the date of entry. (b) Requests.--Reliquidation may be made under subsection (a) with respect to an entry described in subsection (c) only if a request therefor is filed with the Customs Service within 90 days after the date of the enactment of this Act. (c) Entries.--The entries referred to in subsection (a) are as follows: Entry Number Date of Entry 0359145-4....................... November 26, 1996 0359144-7....................... November 26, 1996 0358011-9....................... October 30, 1996 0358010-1....................... October 30, 1996 0357091-2....................... October 8, 1996 0356909-6....................... October 1, 1996 0356480-8....................... September 27, 1996 0356482-4....................... September 24, 1996 0354733-2....................... August 7, 1996 0355663-0....................... August 27, 1996 0355278-7....................... August 20, 1996 0353571-7....................... July 3, 1996 0354382-8....................... July 23, 1996 0354204-4....................... July 18, 1996 0353162-5....................... June 25, 1996 0351633-7....................... May 14, 1996 0351558-6....................... May 7, 1996 0351267-4....................... April 27, 1996 0350615-5....................... April 12, 1996 0349995-5....................... March 25, 1996 0349485-7....................... March 11, 1996 0349243-0....................... February 27, 1996 0348597-6....................... February 17, 1996 0347203-6....................... January 2, 1996 0347759-7....................... January 17, 1996 0346113-8....................... December 12, 1995 0346119-5....................... November 29, 1995 0345065-1....................... October 31, 1995 0345066-9....................... October 31, 1995 0343859-9....................... October 3, 1995 0343860-7....................... October 3, 1995 0342557-0....................... August 30, 1995 0342558-8....................... August 30, 1995 0341557-1....................... July 31, 1995 0341558-9....................... July 31, 1995 0340382-5....................... July 6, 1995 0340838-6....................... June 28, 1995 0339139-2....................... June 7, 1995 0339144-2....................... May 31, 1995 0337866-2....................... April 26, 1995 0337667-4....................... April 26, 1995 0347103-8....................... April 12, 1995 0336953-9....................... March 29, 1995 0336954-7....................... March 29, 1995 0335799-7....................... March 1, 1995 0335800-3....................... March 1, 1995 0335445-7....................... February 14, 1995 0335020-8....................... February 9, 1995 0335019-0....................... February 1, 1995 <all>

usgpo

2024-06-24T03:05:34.079699

BILLS-106hr1741ih

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel M/V SANDPIPER.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1741 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1741 To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel M/V SANDPIPER. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Graham introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel M/V SANDPIPER. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act of June 19, 1886 (46 App. U.S.C. 289), and section 12106 of title 46, United States Code, the Secretary of Transportation may issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel M/V SANDPIPER (United States official number 1079439). <all>

usgpo

2024-06-24T03:05:34.146310

BILLS-106hr1739ih

Clean Money, Clean Elections Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1739 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1739 To reform the financing of Federal elections. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 6, 1999 Mr. Tierney (for himself, Ms. Kaptur, Mr. George Miller of California, Mr. Lewis of Georgia, Mr. Nadler, Mr. DeFazio, Mr. Hoeffel, Mr. Waxman, Mr. Barrett of Wisconsin, Mr. Sanders, Ms. Pelosi, Ms. Lofgren, Mr. Delahunt, Ms. Woolsey, Ms. Schakowsky, Mr. Olver, Mr. McDermott, Mr. Blagojevich, Mr. Meehan, Mr. Blumenauer, Mr. Hinchey, Mr. Davis of Illinois, Mr. Stark, Mr. Markey, Mr. Jackson of Illinois, Ms. McKinney, Ms. DeLauro, Ms. Lee, Mr. Weygand, Mr. Kind, Mr. Gejdenson, Mrs. Maloney of New York, Mr. Ford, Mr. McGovern, Mr. Capuano, Mr. Rodriguez, Ms. Baldwin, Mr. Frank of Massachusetts, Mr. Kucinich, Mr. Moran of Virginia, Mr. Clay, Mr. Evans, Mr. Fattah, and Mr. Pascrell) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Commerce, and Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To reform the financing of Federal elections. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Clean Money, Clean Elections Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CLEAN MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS Sec. 101. Findings and declarations. Sec. 102. Eligibility requirements and benefits of clean money financing of House election campaigns. ``TITLE V--CLEAN MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS ``Sec. 501. Definitions. ``Sec. 502. Eligibility for clean money. ``Sec. 503. Requirements applicable to clean money candidates. ``Sec. 504. Seed money. ``Sec. 505. Certification by Commission. ``Sec. 506. Benefits for clean money candidates. ``Sec. 507. Administration of clean money. ``Sec. 508. Expenditures made from funds other than clean money. ``Sec. 509. Authorization of appropriations.'' Sec. 103. Reporting requirements for expenditures of private money candidates. Sec. 104. Transition rule for current election cycle. TITLE II--INDEPENDENT EXPENDITURES; COORDINATED POLITICAL PARTY EXPENDITURES Sec. 201. Reporting requirements for independent expenditures. Sec. 202. Definition of independent expenditure. Sec. 203. Limit on expenditures by political party committees. Sec. 204. Party independent expenditures and other coordinated expenditures. TITLE III--VOTER INFORMATION Sec. 301. Free broadcast time. Sec. 302. Broadcast rates and preemption. Sec. 303. Campaign advertising. Sec. 304. Limit on Congressional use of the franking privilege. TITLE IV--SOFT MONEY OF POLITICAL PARTIES Sec. 401. Soft money of political parties. Sec. 402. Increased contribution limits for State committees of political parties and aggregate contribution limit for individuals. Sec. 403. Reporting requirements. TITLE V--RESTRUCTURING AND STRENGTHENING OF THE FEDERAL ELECTION COMMISSION Sec. 501. Appointment and terms of Commissioners. Sec. 502. Audits. Sec. 503. Authority to seek injunction. Sec. 504. Standard for investigation. Sec. 505. Petition for certiorari. Sec. 506. Expedited procedures. Sec. 507. Promoting expedited availability of FEC reports. Sec. 508. Power to issue subpoena without signature of chairperson. TITLE VI--MISCELLANEOUS PROVISIONS Sec. 601. Severability. Sec. 602. Review of constitutional issues. Sec. 603. Effective date. TITLE I--CLEAN MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS SEC. 101. FINDINGS AND DECLARATIONS. (a) Undermining of Democracy by Campaign Contributions From Private Sources.--The Congress finds and declares that the current system of privately financed campaigns for election to the House of Representatives has the capacity, and is often perceived by the public, to undermine democracy in the United States by-- (1) violating the democratic principle of ``one person, one vote'' and diminishing the meaning of the right to vote by allowing monied interests to have a disproportionate and unfair influence within the political process; (2) diminishing or giving the appearance of diminishing a Member of the House of Representatives's accountability to constituents by compelling legislators to be accountable to the major contributors who finance their election campaigns; (3) creating a conflict of interest, perceived or real, by encouraging Members to take money from private interests that are directly affected by Federal legislation; (4) imposing large, unwarranted costs on taxpayers through legislative and regulatory outcomes shaped by unequal access to lawmakers for campaign contributors; (5) driving up the cost of election campaigns, making it difficult for qualified candidates without personal fortunes or access to campaign contributions from monied individuals and interest groups to mount competitive House of Representatives election campaigns; (6) disadvantaging challengers, because large campaign contributors tend to give their money to incumbent Members, thus causing House of Representatives elections to be less competitive; and (7) burdening incumbents with a preoccupation with fundraising and thus decreasing the time available to carry out their public responsibilities. (b) Enhancement of Democracy by Providing Clean Money.--Congress finds and declares that providing the option of the replacement of private campaign contributions with clean money financing for all primary, runoff, and general elections to the House of Representatives would enhance American democracy by-- (1) helping to eliminate access to wealth as a determinant of a citizen's influence within the political process and to restore meaning to the principle of ``one person, one vote''; (2) increasing the public's confidence in the accountability of Members to the constituents who elect them; (3) eliminating the potentially inherent conflict of interest caused by the private financing of the election campaigns of public officials, thus restoring public confidence in the fairness of the electoral and legislative processes; (4) reversing the escalating cost of elections and saving taxpayers billions of dollars that are (or that are perceived to be) currently misspent due to legislative and regulatory agendas skewed by the influence of contributions; (5) creating a more level playing field for incumbents and challengers, creating genuine opportunities for all Americans to run for the House of Representatives, and encouraging more competitive elections; and (6) freeing Members from the constant preoccupation with raising money, and allowing them more time to carry out their public responsibilities. SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF CLEAN MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS. The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following: ``TITLE V--CLEAN MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS ``SEC. 501. DEFINITIONS. ``In this title: ``(1) Allowable contribution.--The term `allowable contribution' means a qualifying contribution or seed money contribution. ``(2) Clean money.--The term `clean money' means funds that are made available by the Commission to a clean money candidate under this title. ``(3) Clean money candidate.--The term `clean money candidate' means a candidate for Member of or Delegate or Resident Commissioner to the Congress who is certified under section 505 as being eligible to receive clean money. ``(4) Clean money qualifying period.--The term `clean money qualifying period' means the period beginning on the date that is 180 days before the date of the primary election and ending on the date that is 30 days before the date of the general election. In the event of a special election, the clean money qualifying period shall begin on the earlier date of either the date that is 180 days before the date of the special election or on the date of announcement of such special election date if same as within 180 days of the date of the special election. It shall end on the date that is 30 days before the date of the special election. ``(5) General election period.--The term `general election period' means, with respect to a candidate, the period beginning on the day after the date of the primary or primary runoff election for the specific office that the candidate is seeking, whichever is later, and ending on the earlier of-- ``(A) the date of the general election; or ``(B) the date on which the candidate withdraws from the campaign or otherwise ceases actively to seek election. ``(6) General runoff election period.--The term `general runoff election period' means, with respect to a candidate, the period beginning on the day following the date of the last general election for the specific office that the candidate is seeking and ending on the date of the runoff election for that office. ``(7) House of representatives election fund.--The term `House of Representatives Election Fund' means the fund established by section 507(a). ``(8) Immediate family.--The term `immediate family' means-- ``(A) a candidate's spouse; ``(B) a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate's spouse; and ``(C) the spouse of any person described in subparagraph (B). ``(9) Major party candidate.--The term `major party candidate' means a candidate of a political party of which a candidate for Member of or Delegate or Resident Commissioner to the Congress, for President, or for Governor in the preceding 5 years received, as a candidate of that party, 25 percent or more of the total number of popular votes received in the State (or Congressional district, if applicable) by all candidates for the same office. ``(10) Personal funds.--The term `personal funds' means an amount that is derived from-- ``(A) the personal funds of the candidate or a member of the candidate's immediate family; and ``(B) proceeds of indebtedness incurred by the candidate or a member of the candidate's immediate family. ``(11) Personal use.-- ``(A) In general.--The term `personal use' means the use of funds to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the candidate's election campaign or individual's duties as a holder of Federal office. ``(B) Inclusions.--The term `personal use' includes, but is not limited to-- ``(i) a home mortgage, rent, or utility payment; ``(ii) a clothing purchase; ``(iii) a noncampaign-related automobile expense; ``(iv) a country club membership; ``(v) a vacation or other noncampaign- related trip; ``(vi) a household food item; ``(vii) a tuition payment; ``(viii) admission to a sporting event, concert, theater, or other form of entertainment not associated with an election campaign; and ``(ix) dues, fees, and other payments to a health club or recreational facility. ``(12) Primary election period.--The term `primary election period' means the period beginning on the date that is 90 days before the date of the primary election and ending on the date of the primary election. In the event of a special primary election, if applicable, the term `primary election period' means the period beginning on the date that is the longer of 90 days before the date of such special primary election, or the date of establishment by the appropriate election authority of the special primary election date and ending on the date of the special primary election. ``(13) Primary runoff election period.--The term `primary runoff election period' means, with respect to a candidate, the period beginning on the day following the date of the last primary election for the specific office that the candidate is seeking and ending on the date of the runoff election for that office. ``(14) Private money candidate.--The term `private money candidate' means a candidate for Member of or Delegate or Resident Commissioner to the Congress other than a clean money candidate. ``(15) Qualifying contribution.--The term `qualifying contribution' means a contribution that-- ``(A) is in the amount of $5 exactly; ``(B) is made by an individual who is registered to vote in the candidate's State; ``(C) is made during the clean money qualifying period; and ``(D) meets the requirements of section 502(a)(2)(D). ``(16) Seed money contribution.--The term `seed money contribution' means a contribution (or contributions in the aggregate made by any 1 person) of not more than $100. ``(17) State.--The term `State' includes the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, and Guam. ``SEC. 502. ELIGIBILITY FOR CLEAN MONEY. ``(a) Primary Election Period and Primary Runoff Election Period.-- ``(1) In general.--A candidate qualifies as a clean money candidate during the primary election period and primary runoff election period if the candidate files with the Commission a declaration, signed by the candidate and the treasurer of the candidate's principal campaign committee, that the candidate-- ``(A) has complied and will comply with all of the requirements of this title; ``(B) will not run in the general election as a private money candidate; and ``(C) meets the qualifying contribution requirement of paragraph (2). ``(2) Qualifying contribution requirement.-- ``(A) Major party candidates and certain independent candidates.--The requirement of this paragraph is met if, during the clean money qualifying period, a major party candidate (or an independent candidate who meets the minimum vote percentage required for a major party candidate under section 501(9)) receives 1,500 qualifying contributions. ``(B) Other candidates.--The requirement of this paragraph is met if, during the clean money qualifying period, a candidate who is not described in subparagraph (A) receives a number of qualifying contributions that is at least 150 percent of the number of qualifying contributions that a candidate described in subparagraph (A) in the same election is required to receive under subparagraph (A). ``(C) Receipt of qualifying contribution.--A qualifying contribution shall-- ``(i) be accompanied by the contributor's name and home address; ``(ii) be accompanied by a signed statement that the contributor understands the purpose of the qualifying contribution; ``(iii) be made by a personal check or money order payable to the House of Representatives Election Fund or by cash; and ``(iv) be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the candidate's State. ``(D) Deposit of qualifying contributions in house of representatives election fund.-- ``(i) In general.--Not later than the date that is 1 day after the date on which the candidate is certified under section 505, a candidate shall remit all qualifying contributions to the Commission for deposit in the House of Representatives Election Fund. ``(ii) Candidates that are not certified.-- Not later than the last day of the clean money qualifying period, a candidate who has received qualifying contributions and is not certified under section 505 shall remit all qualifying contributions to the Commission for deposit in the House of Representatives Election Fund. ``(3) Time to file declaration.--A declaration under paragraph (1) shall be filed by a candidate not later than the date that is 30 days before the date of the primary election. With respect to any special primary election, a declaration under paragraph (1) shall be filed by a candidate not later than the date that is 30 days before the special primary election. ``(b) General Election Period.-- ``(1) In general.--A candidate qualifies as a clean money candidate during the general election period if-- ``(A)(i) the candidate qualified as a clean money candidate during the primary election period (and primary runoff election period, if applicable); or ``(ii) the candidate files with the Commission a declaration, signed by the candidate and the treasurer of the candidate's principal committee, that the candidate-- ``(I) has complied and will comply with all the requirements of this title; and ``(II) meets the qualifying contribution requirement of subsection (a)(2); ``(B) the candidate files with the Commission a written agreement between the candidate and the candidate's political party in which the political party agrees not to make any expenditures in connection with the general election of the candidate in excess of the limit in section 315(d)(3)(C); and ``(C) the candidate's party nominated the candidate to be placed on the ballot for the general election or the candidate qualified to be placed on the ballot as an independent candidate, and the candidate is qualified under State law to be on the ballot. ``(2) Time to file declaration or statement.--A declaration or statement required to be filed under paragraph (1) shall be filed by a candidate not later than the date that is 30 days before the date of the general election. With respect to any special general election, a declaration or statement required to be filed under paragraph (1) shall be filed by a candidate not later than the date that is 30 days before the date of the special general election. ``(c) General Runoff Election Period.--A candidate qualifies as a clean money candidate during the general runoff election period if the candidate qualified as a clean money candidate during the general election period. ``SEC. 503. REQUIREMENTS APPLICABLE TO CLEAN MONEY CANDIDATES. ``(a) Contributions and Expenditures.-- ``(1) Prohibition of private contributions.--Except as otherwise provided in this title, during the election cycle of a clean money candidate, the candidate shall not accept contributions other than clean money from any source. ``(2) Prohibition of expenditures from private sources.-- Except as otherwise provided in this title, during the election cycle of a clean money candidate, the candidate shall not make expenditures from any amounts other than clean money amounts. ``(b) Use of Personal Funds.-- ``(1) In general.--A clean money candidate shall not use personal funds to make an expenditure except as provided in paragraph (2). ``(2) Exceptions.--A seed money contribution or qualifying contribution from the candidate or a member of the candidate's immediate family shall not be considered to be use of personal funds. ``SEC. 504. SEED MONEY. ``(a) Seed Money Limit.--A clean money candidate may accept seed money contributions in an aggregate amount not exceeding $35,000. ``(b) Contribution Limit.--Except as provided in section 502(a)(2), a clean money candidate shall not accept a contribution from any person except a seed money contribution (as defined in section 501). ``(c) Records.--A clean money candidate shall maintain a record of the contributor's name, street address, and amount of the contribution. ``(d) Use of Seed Money.-- ``(1) In general.--A clean money candidate may expend seed money for any election campaign-related costs, including costs to open an office, fund a grassroots campaign, or hold community meetings. ``(2) Prohibited uses.--A clean money candidate shall not expend seed money for-- ``(A) a television or radio broadcast; or ``(B) personal use. ``(e) Report.--Unless a seed money contribution or expenditure made with a seed money contribution has been reported previously under section 304, a clean money candidate shall file with the Commission a report disclosing all seed money contributions and expenditures not later than 48 hours after-- ``(1) the earliest date on which the Commission makes funds available to the candidate for an election period under paragraph (1) or (2) of section 506(b); or ``(2) the end of the clean money qualifying period, whichever occurs first. ``(f) Time To Accept Seed Money Contributions.--A clean money candidate may accept seed money contributions for an election from the day after the date of the previous general election for the office to which the candidate is seeking election through the earliest date on which the Commission makes funds available to the candidate for an election period under paragraph (1) or (2) of section 506(b). ``(g) Deposit of Unspent Seed Money Contributions.--A clean money candidate shall remit any unspent seed money to the Commission, for deposit in the House of Representatives Election Fund, not later than the earliest date on which the Commission makes funds available to the candidate for an election period under paragraph (1) or (2) of section 506(b). ``(h) Not Considered an Expenditure.--An expenditure made with seed money shall not be treated as an expenditure for purposes of section 506(f)(2). ``SEC. 505. CERTIFICATION BY COMMISSION. ``(a) In General.--Not later than 5 days after a candidate files a declaration under section 502, the Commission shall-- ``(1) determine whether the candidate meets the eligibility requirements of section 502; and ``(2) certify whether or not the candidate is a clean money candidate. ``(b) Revocation of Certification.--The Commission may revoke a certification under subsection (a) if a candidate fails to comply with this title. ``(c) Repayment of Benefits.--If certification is revoked under subsection (b), the candidate shall repay to the House of Representatives Election Fund an amount equal to the value of benefits received under this title. ``SEC. 506. BENEFITS FOR CLEAN MONEY CANDIDATES. ``(a) In General.--A clean money candidate shall be entitled to-- ``(1) a clean money amount for each election period to make or obligate to make expenditures during the election period for which the clean money is provided, as provided in subsection (c); ``(2) media benefits under section 315 of the Communications Act of 1934 (47 U.S.C. 315); and ``(3) an aggregate amount of increase in the clean money amount in response to certain independent expenditures and expenditures of a private money candidate under subsection (d) that, in the aggregate, are in excess of 125 percent of the clean money amount of the clean money candidate. ``(b) Payment of Clean Money Amount.-- ``(1) Primary election.--The Commission shall make funds available to a clean money candidate on the later of-- ``(A) the date on which the candidate is certified as a clean money candidate under section 505; or ``(B) the date on which the primary election period begins. ``(2) General election.--The Commission shall make funds available to a clean money candidate not later than 48 hours after-- ``(A) certification of the primary election or primary runoff election result; or ``(B) the date on which the candidate is certified as a clean money candidate under section 505 for the general election, whichever occurs first. ``(3) Runoff election.--The Commission shall make funds available to a clean money candidate not later than 48 hours after the certification of the primary or general election result (as applicable). ``(c) Clean Money Amounts.-- ``(1) In general.--Except as provided in paragraph (2), the clean money amount paid to a clean money candidate with respect to an election shall be equal to the applicable percentage of 80 percent of the base amount for the election cycle involved, except that in no event may the amount determined under this subsection for a clean money candidate for an election cycle be less than the amount determined under this subsection for the candidate for the previous election cycle. ``(2) Reduction for uncontested elections.--If a clean money candidate has no opposition in an election for which a payment is made under this section, the clean money amount paid shall be 40 percent of the amount otherwise determined under paragraph (1). ``(3) Definitions.-- ``(A) Applicable percentage.--In this subsection, the `applicable percentage' is as follows: ``(i) 25 percent, in the case of a candidate in a primary election who is not a major party candidate. ``(ii) 40 percent, in the case of a major party candidate in a primary election. ``(iii) 60 percent, in the case of any candidate in a general election. ``(B) Base amount.--In this subsection, the term `base amount' means (with respect to an election cycle) the national average of all amounts expended by winning candidates during the 3 most recent general elections for Member of, or Delegate or Resident Commissioner to, the Congress preceding the election cycle involved. ``(d) Matching Funds in Response to Independent Expenditures and Expenditures of Private Money Candidates.-- ``(1) In general.--If the Commission-- ``(A) receives notification under-- ``(i) subparagraphs (A) or (B) of section 304(c)(2) that a person has made or obligated to make an independent expenditure in an aggregate amount of $1,000 or more in an election period or that a person has made or obligated to make an independent expenditure in an aggregate amount of $500 or more during the 20 days preceding the date of an election in support of another candidate or against a clean money candidate; or ``(ii) section 304(d)(1) that a private money candidate has made or obligated to make expenditures in an aggregate amount in excess of 100 percent of the amount of clean money provided to a clean money candidate who is an opponent of the private money candidate in the same election; and ``(B) determines that the aggregate amount of expenditures reported under subparagraph (A) in an election period is in excess of 125 percent of the amount of clean money provided to a clean money candidate who is an opponent of the private money candidate in the same election or against whom the independent expenditure is made, the Commission shall make available to the clean money candidate, not later than 24 hours after receiving a notification under subparagraph (A), an aggregate amount of increase in clean money in an amount equal to the aggregate amount of expenditures that is in excess of 125 percent of the amount of clean money provided to the clean money candidate as determined under subparagraph (B). ``(2) Clean money candidates opposed by more than 1 private money candidate.--For purposes of paragraph (1), if a clean money candidate is opposed by more than 1 private money candidate in the same election, the Commission shall take into account only the amount of expenditures of the private money candidate that expends, in the aggregate, the greatest amount (as determined each time notification is received under section 304(d)(1)). ``(3) Clean money candidates opposed by clean money candidates.--If a clean money candidate is opposed by a clean money candidate, the increase in clean money amounts under paragraph (1) shall be made available to the clean money candidate if independent expenditures are made against the clean money candidate or in behalf of the opposing clean money candidate in the same manner as the increase would be made available for a clean money candidate who is opposed by a private money candidate. ``(e) Limits on Matching Funds.--The aggregate amount of clean money that a clean money candidate receives to match independent expenditures and the expenditures of private money candidates under subsection (d) shall not exceed 200 percent of the clean money amount that the clean money candidate receives under subsection (c). ``(f) Expenditures Made With Clean Money Amounts.-- ``(1) In general.--The clean money amount received by a clean money candidate shall be used only for the purpose of making or obligating to make expenditures during the election period for which the clean money is provided. ``(2) Expenditures in excess of clean money amount.--A clean money candidate shall not make expenditures or incur obligations in excess of the clean money amount. ``(3) Prohibited uses.--The clean money amount received by a clean money candidate shall not be-- ``(A) converted to a personal use; or ``(B) used in violation of law. ``(4) Repayment; civil penalties.-- ``(A) If the Commission determines that any benefit made available to a clean money candidate under this title was not used as provided for in this title, or that a clean money candidate has violated any of the spending limits or dates for remission of funds contained in this Act, the Commission shall so notify the candidate and the candidate shall pay to the House of Representatives' Election Fund an amount equal to the amount of benefits so used, or the amount spent in excess of the limits or the amount not timely remitted, as appropriate. ``(B) Any action by the Commission in accordance with this section shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title. ``(g) Remitting of Clean Money Amounts.--Not later than the date that is 14 days after the last day of the applicable election period, a clean money candidate shall remit any unspent clean money amount to the Commission for deposit in the House of Representatives Election Fund. ``SEC. 507. ADMINISTRATION OF CLEAN MONEY. ``(a) House of Representatives Election Fund.-- ``(1) Establishment.--There is established in the Treasury a fund to be known as the `House of Representatives Election Fund'. ``(2) Deposits.--The Commission shall deposit unspent seed money contributions, qualifying contributions, penalty amounts received under this title, and amounts appropriated for clean money financing in the House of Representatives Election Fund. ``(3) Funds.--The Commission shall withdraw the clean money amount for a clean money candidate from the House of Representatives Election Fund. ``(b) Regulations.--The Commission shall promulgate regulations to-- ``(1) effectively and efficiently monitor and enforce the limits on use of private money by clean money candidates; ``(2) effectively and efficiently monitor use of publicly financed amounts under this title; and ``(3) enable clean money candidates to monitor expenditures and comply with the requirements of this title. ``SEC. 508. EXPENDITURES MADE FROM FUNDS OTHER THAN CLEAN MONEY. ``If a clean money candidate makes an expenditure using funds other than funds provided under this title, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 10 times the amount of the expenditure. ``SEC. 509. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated to the House of Representatives Election Fund such sums as are necessary to carry out this title.''. SEC. 103. REPORTING REQUIREMENTS FOR EXPENDITURES OF PRIVATE MONEY CANDIDATES. Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following: ``(d) Private Money Candidates.-- ``(1) Expenditures in excess of clean money amounts.--Not later than 48 hours after making or obligating to make an expenditure, a private money candidate (as defined in section 501) that makes or obligates to make expenditures, in an aggregate amount in excess of 100 percent of the amount of clean money provided to a clean money candidate (as defined in section 501), during an election period (as defined by section 501) who is an opponent of the clean money candidate shall file with the Commission a report stating the amount of each expenditure (in increments of an aggregate amount of $100) made or obligated to be made. ``(2) Place of filing; notification.-- ``(A) Place of filing.--A report under this subsection shall be filed with the Commission. ``(B) Notification of clean money candidates.--Not later than 24 hours after receipt of a report under this subsection, the Commission shall notify each clean money candidate seeking nomination for election to, or election to, the office in question, of the receipt of the report. ``(3) Determinations by the commission.-- ``(A) In general.--The Commission may, on a request of a candidate or on its own initiative, make a determination that a private money candidate has made, or has obligated to make, expenditures in excess of the applicable amount in paragraph (1). ``(B) Notification.--In the case of such a determination, the Commission shall notify each clean money candidate seeking nomination for election to, or election to, the office in question, of the making of the determination not later than 24 hours after making the determination. ``(C) Time to comply with request for determination.--A determination made at the request of a candidate shall be made not later than 48 hours after the date of the request.''. SEC. 104. TRANSITION RULE FOR CURRENT ELECTION CYCLE. (a) In General.--During the election cycle in effect on the date of enactment of this Act, a candidate may be certified as a clean money candidate (as defined in section 501 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)), notwithstanding the acceptance of contributions or making of expenditures from private funds before the date of enactment that would, absent this section, disqualify the candidate as a clean money candidate. (b) Private Funds.--A candidate may be certified as a clean money candidate only if any private funds accepted and not expended before the date of enactment of this Act are-- (1) returned to the contributor; or (2) submitted to the Federal Election Commission for deposit in the House of Representatives Election Fund (as defined in section 501 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)). TITLE II--INDEPENDENT EXPENDITURES; COORDINATED POLITICAL PARTY EXPENDITURES SEC. 201. REPORTING REQUIREMENTS FOR INDEPENDENT EXPENDITURES. (a) Independent Expenditures.--Section 304(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(c)) is amended-- (1) by striking ``(c)(1) Every person'' and inserting the following: ``(c) Independent Expenditures.-- ``(1) In general.-- ``(A) Required filing.--Except as provided in paragraph (2), every person''; (2) in paragraph (2), by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and adjusting the margins accordingly; (3) by redesignating paragraphs (2) and (3) as subparagraphs (B) and (C), respectively, and adjusting the margins accordingly; (4) by adding at the end the following: ``(2) House of representatives elections with a clean money candidate.-- ``(A) Independent expenditures more than 20 days before an election.-- ``(i) In general.--Not later than 48 hours after making an independent expenditure, more than 20 days before the date of an election, in support of an opponent of or in opposition to a clean money candidate (as defined in section 501), a person that makes independent expenditures in an aggregate amount in excess of $1,000 during an election period (as defined in section 501) shall file with the Commission a statement containing the information described in clause (ii). ``(ii) Contents of statement.--A statement under subparagraph (A) shall include a certification, under penalty of perjury, that contains the information required by subsection (b)(6)(B)(iii). ``(iii) Additional statements.--An additional statement shall be filed for each aggregate of independent expenditures that exceeds $1,000. ``(B) Independent expenditures during the 20 days preceding an election.--Not later than 24 hours after making or obligating to make an independent expenditure in support of an opponent of or in opposition to a clean money candidate in an aggregate amount in excess of $500, during the 20 days preceding the date of an election, a person that makes or obligates to make the independent expenditure shall file with the Commission a statement stating the amount of each independent expenditure made or obligated to be made. ``(C) Place of filing; notification.-- ``(i) Place of filing.--A report or statement under this paragraph shall be filed with the Commission. ``(ii) Notification of clean money candidates.--Not later than 24 hours, but excluding the time from 5:00 p.m. Friday through and until 9:00 a.m. the following Monday, and legal holidays after receipt of a statement under this paragraph, the Commission shall notify each clean money candidate seeking nomination for election to, or election to, the office in question of the receipt of a statement. ``(D) Determination by the commission.-- ``(i) In general.--The Commission may, on request of a candidate or on its own initiative, make a determination that a person has made or obligated to make independent expenditures with respect to a candidate that in the aggregate exceed the applicable amount under subparagraph (A). ``(ii) Notification.--Not later than 24 hours after making a determination under clause (i), the Commission shall notify each clean money candidate in the election of the making of the determination. ``(iii) Time to comply with request for determination.--A determination made at the request of a candidate shall be made not later than 48 hours after the date of the request.''. SEC. 202. DEFINITION OF INDEPENDENT EXPENDITURE. (a) In General.--Section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by striking paragraph (17) and inserting the following: ``(17) Independent expenditure.-- ``(A) In general.--The term `independent expenditure' means an expenditure made by a person other than a candidate or candidate's authorized committee-- ``(i) that is made for a communication that contains express advocacy; and ``(ii) is made without the participation or cooperation of and without coordination with a candidate (within the meaning of section 301(8)(A)(iii)). ``(B) Express advocacy.--The term `express advocacy' means a communication that is made through a broadcast medium, newspaper, magazine, billboard, direct mail, or similar type of communication and that-- ``(i) advocates the election or defeat of a clearly identified candidate, including any communication that-- ``(I) contains a phrase such as `vote for', `re-elect', `support', `cast your ballot for', `(name of candidate) for Congress', `(name of candidate) in (year involved)', `vote against', `defeat', `reject', `put a stop to (name of candidate)', `send (name of candidate) home'; or ``(II) contains campaign slogans or individual words that in context can have no reasonable meaning other than to recommend the election or defeat of 1 or more clearly identified candidates; or ``(ii)(I) refers to a clearly identified candidate; ``(II) is made not more than 60 days before the date of a general election; and ``(III) is not solely devoted to a pending legislative issue before an open session of Congress.''. (b) Definition Applicable When Provision Not in Effect.--For purposes of the Federal Election Campaign Act of 1971, during any period beginning after the effective date of this Act in which the definition, or any part of the definition, under section 301(17)(B) of that Act (as added by subsection (a)) is not in effect, the definition of ``express advocacy'' shall mean, in addition to the part of the definition that is in effect, a communication that clearly identifies a candidate and taken as a whole and with limited reference to external events, such as proximity to an election, expresses unmistakable support for or opposition to 1 or more clearly identified candidates. SEC. 203. LIMIT ON EXPENDITURES BY POLITICAL PARTY COMMITTEES. Section 315(d)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(d)(3)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``in the case'' and inserting ``except as provided in subparagraph (C), in the case'', and (B) by striking ``and'' at the end; (2) in subparagraph (B)-- (A) by striking ``in the case'' and inserting ``except as provided in subparagraph (C), in the case'', and (B) by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(C) in the case of an election to the office of Representative in or Delegate or Resident Commissioner to the Congress in which 1 or more candidates is a clean money candidate (as defined in section 501), 10 percent of the amount of clean money that a clean money candidate is eligible to receive for the general election period.''. SEC. 204. PARTY INDEPENDENT EXPENDITURES AND OTHER COORDINATED EXPENDITURES. (a) Determination To Make Coordinated Expenditures.--Section 315(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended-- (1) in paragraph (1)-- (A) by inserting ``coordinated'' after ``make''; and (B) by striking ``(2) and (3)'' and inserting ``(2), (3), and (4)''; and (2) by adding at the end the following: ``(4)(A) Before a committee of a political party makes a coordinated expenditure in connection with a general election campaign for Federal office in excess of $5,000, the committee shall file with the Commission a certification, signed by the treasurer, that the committee has not made and will not make any independent expenditures in connection with that campaign for Federal office. A party committee that determines to make a coordinated expenditure shall not make any transfer of funds in the same election cycle to, or receive any transfer of funds in the same election cycle from, any other party committee that determines to make independent expenditures in connection with the same campaign for Federal office. ``(B) A committee of a political party shall be considered to be in coordination with a candidate of the party if the committee-- ``(i) makes a payment for a communication or anything of value in coordination with the candidate, as described in section 301(8)(A)(iii); ``(ii) makes a coordinated expenditure under this subsection on behalf of the candidate; ``(iii) participates in joint fundraising with the candidate or in any way solicits or receives a contribution on behalf of the candidate; ``(iv) communicates with the candidate, or an agent of the candidate (including a pollster, media consultant, vendor, advisor, or staff member), acting on behalf of the candidate, about advertising, message, allocation of resources, fundraising, or other campaign matters related to the candidate's campaign, including campaign operations, staffing, tactics or strategy; or ``(v) provides in-kind services, polling data, or anything of value to the candidate. ``(C) For purposes of this paragraph, all political committees established and maintained by a national political party (including all congressional campaign committees) and all political committees established by State political parties shall be considered to be a single political committee. ``(D) For purposes of subparagraph (A), any coordination between a committee of a political party and a candidate of the party after the candidate has filed a statement of candidacy constitutes coordination for the period beginning with the filing of the statement of candidacy and ending at the end of the election cycle.''. (b) Definitions.-- (1) Amendment of definition of contribution.--Section 301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)) is amended-- (A) in subparagraph (A)-- (i) by striking ``or'' at the end of clause (i); (ii) by striking the period at the end of clause (ii) and inserting ``; or''; and (iii) by adding at the end the following: ``(iii) a payment made for a communication or anything of value that is for the purpose of influencing an election for Federal office and that is made in coordination with a candidate (as defined in subparagraph (C)).''; and (B) by adding at the end the following: ``(C) For the purposes of subparagraph (A)(iii), the term `payment made in coordination with a candidate' includes-- ``(i) a payment made by a person in cooperation, consultation, or concert with, at the request or suggestion of, or pursuant to any general or particular understanding with a candidate, the candidate's authorized committee, or an agent acting on behalf of a candidate or authorized committee; ``(ii) a payment made by a person for the dissemination, distribution, or republication, in whole or in part, of any broadcast or any written, graphic, or other form of campaign material prepared by a candidate, a candidate's authorized committee, or an agent of a candidate or authorized committee (not including a communication described in paragraph (9)(B)(i) or a communication that expressly advocates the candidate's defeat); ``(iii) a payment made based on information about a candidate's plans, projects, or needs provided to the person making the payment by the candidate or the candidate's agent who provides the information with a view toward having the payment made; ``(iv) a payment made by a person if, in the same election cycle in which the payment is made, the person making the payment is serving or has served as a member, employee, fundraiser, or agent of the candidate's authorized committee in an executive or policymaking position; ``(v) a payment made by a person if the person making the payment has served in any formal policy or advisory position with the candidate's campaign or has participated in strategic or policymaking discussions with the candidate's campaign relating to the candidate's pursuit of nomination for election, or election, to Federal office, in the same election cycle as the election cycle in which the payment is made; and ``(vi) a payment made by a person if the person making the payment retains the professional services of an individual or person who has provided or is providing campaign-related services in the same election cycle to a candidate in connection with the candidate's pursuit of nomination for election, or election, to Federal office, including services relating to the candidate's decision to seek Federal office, and the payment is for services of which the purpose is to influence that candidate's election. ``(D) For purposes of subparagraph (C)(vi), the term `professional services' includes services in support of a candidate's pursuit of nomination for election, or election, to Federal office such as polling, media advice, direct mail, fundraising, or campaign research.''. (2) Definition of contribution in section 315(a)(7).-- Section 315(a)(7) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)) is amended by striking paragraph (B) and inserting the following: ``(B)(i) Except as provided in clause (ii), a payment made in coordination with a candidate (as described in section 301(8)(A)(iii)) shall be considered to be a contribution to the candidate, and, for the purposes of any provision of this Act that imposes a limitation on the making of expenditures by a candidate, shall be treated as an expenditure by the candidate for purposes of this paragraph. ``(ii) In the case of a clean money candidate (as defined in section 501), a payment made in coordination with a candidate by a committee of a political party shall not be treated as a contribution to the candidate for purposes of section 503(b)(1) or an expenditure made by the candidate for purposes of section 503(b)(2).''. (c) Meaning of Contribution or Expenditure for the Purposes of Section 316.--Section 316(b)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``shall include'' and inserting ``includes a contribution or expenditure (as those terms are defined in section 301) and also includes''. TITLE III--VOTER INFORMATION SEC. 301. FREE BROADCAST TIME. Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is amended-- (1) in subsection (a), in the third sentence, by striking ``within the meaning of this subsection'' and inserting ``within the meaning of this subsection or subsection (c)''; (2) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (3) by inserting after subsection (b) the following: ``(c) Free Broadcast Time.-- ``(1) Amount of time.--A clean money candidate shall be entitled to receive-- ``(A) 30 minutes of free broadcast time during each of the primary election period and the primary runoff election period; and ``(B) 75 minutes of free broadcast time during the general election period and general runoff election period. ``(2) Time during which the broadcast is shown.--The broadcast time under paragraph (1) shall be-- ``(A) with respect to a television broadcast, the time between 6:00 p.m. and 10:00 p.m. on any day that falls on Monday through Friday; ``(B) with respect to a radio broadcast, the time between 7:00 a.m. and 9:30 a.m. or between 4:30 p.m. and 7:00 p.m. on any day that falls on Monday through Friday; or ``(C) with respect to any broadcast, such other time to which the candidate and broadcaster may agree. ``(3) Maximum required of any station.--The amount of free broadcast time that any 1 station is required to make available to any 1 clean money candidate during each of the primary election period, primary runoff election period, and general election period shall not exceed 15 minutes.''; and (4) in subsection (d) (as redesignated by paragraph (1))-- (A) by striking ``and'' at the end of paragraph (1); (B) by striking the period at the end of paragraph (2) and inserting a semicolon, and by redesignating that paragraph as paragraph (4); (C) by inserting after paragraph (1) the following: ``(2) the term `clean money candidate' has the meaning given in section 501 of the Federal Election Campaign Act of 1971; ``(3) the terms `general election period' and `general runoff election period' have the meaning given in section 501 of the Federal Election Campaign Act of 1971;''; and (D) by adding at the end the following: ``(5) the term `primary election period' has the meaning given in section 501 of the Federal Election Campaign Act of 1971; ``(6) the term `private money candidate' has the meaning given in section 501 of the Federal Election Campaign Act of 1971; and ``(7) the term `primary runoff election period' has the meaning given in section 501 of the Federal Election Campaign Act of 1971.''. SEC. 302. BROADCAST RATES AND PREEMPTION. (a) Broadcast Rates.--Section 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b)) is amended-- (1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and adjusting the margins accordingly; (2) by striking ``The charges'' and inserting the following: ``(1) In general.--Except as provided in paragraph (2), the charges''; and (3) by adding at the end the following: ``(2) Clean money candidates.--In the case of a clean money candidate, the charges for the use of a television broadcasting station shall not exceed 50 percent of the lowest charge described in paragraph (1)(A) during-- ``(A) the 30 days preceding the date of a primary or primary runoff election in which the candidate is opposed; and ``(B) the 60 days preceding the date of a general or special election in which the candidate is opposed. ``(3) Other house candidates.--In the case of a candidate for election for Member of, or Delegate or Resident Commissioner to, the Congress who is not a clean money candidate, paragraph (1)(A) shall not apply. ``(4) Rate cards.--A licensee shall provide to a candidate for Member of or Delegate or Resident Commissioner to the Congress a rate card that discloses-- ``(A) the rate charged under this subsection; and ``(B) the method that the licensee uses to determine the rate charged under this subsection.''. (b) Preemption.--Section 315 of the Communications Act of 1934 (47 U.S.C. 315) (as amended by section 301) is amended-- (1) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (2) by inserting after subsection (c) the following: ``(d) Preemption.-- ``(1) In general.--Except as provided in paragraph (2), a licensee shall not preempt the use of a broadcasting station by a legally qualified candidate for Member of or Delegate or Resident Commissioner to the Congress who has purchased and paid for such use. ``(2) Circumstances beyond control of licensee.--If a program to be broadcast by a broadcasting station is preempted because of circumstances beyond the control of the broadcasting station, any candidate advertising spot scheduled to be broadcast during that program may also be preempted.''. (c) Revocation of License for Failure to Permit Access.--Section 312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is amended-- (1) by striking ``or repeated''; (2) by inserting ``or cable system'' after ``broadcasting station''; and (3) by striking ``his candidacy'' and inserting ``the candidacy of the candidate, under the same terms, conditions, and business practices as apply to the most favored advertiser of the licensee''. SEC. 303. CAMPAIGN ADVERTISING. (a) Contents of Campaign Advertisements.--Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is amended-- (1) in subsection (a)-- (A) in the matter preceding paragraph (1)-- (i) by striking ``Whenever'' and inserting ``Whenever a political committee makes a disbursement for the purpose of financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising, or whenever''; and (ii) by striking ``direct''; and (B) in paragraph (3), by inserting ``and permanent street address'' after ``name''; and (2) by adding at the end the following: ``(c) Any printed communication described in subsection (a) shall be-- ``(1) of sufficient type size to be clearly readable by the recipient of the communication; ``(2) contained in a printed box set apart from the other contents of the communication; and ``(3) consist of a reasonable degree of color contrast between the background and the printed statement. ``(d)(1) Any broadcast or cablecast communication described in subsection (a)(1) or subsection (a)(2) shall include, in addition to the requirements of those subsections, an audio statement that identifies the candidate and states that the candidate has approved the communication. ``(2) If a broadcast or cablecast communication described in paragraph (1) is broadcast or cablecast by means of television, the communication shall include, in addition to the audio statement under paragraph (1), a written statement which appears at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. ``(e) Any broadcast or cablecast communication described in subsection (a)(3) shall include, in addition to the requirements of those subsections, in a clearly spoken manner, the following statement: `________________ is responsible for the content of this advertisement.' (with the blank to be filled in with the name of the political committee or other person paying for the communication and the name of any connected organization of the payor). If broadcast or cablecast by means of television, the statement shall also appear in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds.''. (b) Reporting Requirements for Issue Advertisements.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by section 103) is amended by adding at the end the following: ``(e) Issue Advertisements.-- ``(1) In general.--A person that makes or obligates to make a disbursement to purchase an issue advertisement shall file a report with the Commission not later than 48 hours after making or obligating to make the disbursement, containing the following information-- ``(A) the amount of the disbursement; ``(B) the information required under subsection (b)(3)(A) for each person that makes a contribution, in an aggregate amount of $1,000 or greater in a calendar year, to the person who makes the disbursement; ``(C) the name and address of the person making the disbursement; and ``(D) the purpose of the issue advertisement. ``(2) Definition of issue advertisement.--In this subsection, the term `issue advertisement' means a communication through a broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising-- ``(A) the purchase of which is not an independent expenditure or a contribution; ``(B) that contains the name or likeness of a candidate for Member of or Delegate or Resident Commissioner to the Congress; ``(C) that is communicated during an election year; and ``(D) that recommends a position on a political issue.''. SEC. 304. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE. Section 3210(a)(6) of title 39, United States Code, is amended by striking subparagraph (A) and inserting the following: ``(A)(i) Except as provided in clause (ii), a Member of Congress shall not mail any mass mailing as franked mail during the period which begins on the first day of the primary election period (as described in section 501(12) of the Federal Election Campaign Act of 1971) and ends on the date of the general election for that office (other than any portion of such period between the date of the primary election and the first day of the general election period), unless the Member has made a public announcement that the Member will not be a candidate for reelection in that year or for election to any other Federal office. ``(ii) A Member of Congress may mail a mass mailing as franked mail if-- ``(I) the purpose of the mailing is to communicate information about a public meeting; and ``(II) the content of the mailed matter includes only the Representative's name, and the date, time, and place of the public meeting.''. TITLE IV--SOFT MONEY OF POLITICAL PARTIES SEC. 401. SOFT MONEY OF POLITICAL PARTIES. Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section: ``soft money of political parties ``Sec. 323. (a) National Committees.-- ``(1) In general.--A national committee of a political party (including a national congressional campaign committee of a political party) and any officers or agents of such party committees, shall not solicit, receive, or direct to another person a contribution, donation, or transfer of funds, or spend any funds, that are not subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Applicability.--This subsection shall apply to an entity that is directly or indirectly established, financed, maintained, or controlled by a national committee of a political party (including a national congressional campaign committee of a political party), or an entity acting on behalf of a national committee, and an officer or agent acting on behalf of any such committee or entity. ``(b) State, District, and Local Committees.-- ``(1) In general.--An amount that is expended or disbursed by a State, district, or local committee of a political party (including an entity that is directly or indirectly established, financed, maintained, or controlled by a State, district, or local committee of a political party and an officer or agent acting on behalf of such committee or entity) for Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(2) Federal election activity.-- ``(A) In general.--The term `Federal election activity' means-- ``(i) voter registration activity during the period that begins on the date that is 120 days before the date a regularly scheduled Federal election is held and ends on the date of the election; ``(ii) voter identification, get-out-the- vote activity, or generic campaign activity conducted in connection with an election in which a candidate for Federal office appears on the ballot (regardless of whether a candidate for State or local office also appears on the ballot); and ``(iii) a communication that refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and is made for the purpose of influencing a Federal election (regardless of whether the communication is express advocacy). ``(B) Excluded activity.--The term `Federal election activity' does not include an amount expended or disbursed by a State, district, or local committee of a political party for-- ``(i) campaign activity conducted solely on behalf of a clearly identified candidate for State or local office, provided the campaign activity is not a Federal election activity described in subparagraph (A); ``(ii) a contribution to a candidate for State or local office, provided the contribution is not designated or used to pay for a Federal election activity described in subparagraph (A); ``(iii) the costs of a State, district, or local political convention; ``(iv) the costs of grassroots campaign materials, including buttons, bumper stickers, and yard signs, that name or depict only a candidate for State or local office; ``(v) the non-Federal share of a State, district, or local party committee's administrative and overhead expenses (but not including the compensation in any month of an individual who spends more than 20 percent of the individual's time on Federal election activity) as determined by a regulation promulgated by the Commission to determine the non-Federal share of a State, district, or local party committee's administrative and overhead expenses; and ``(vi) the cost of constructing or purchasing an office facility or equipment for a State, district or local committee. ``(c) Fundraising Costs.--An amount spent by a national, State, district, or local committee of a political party, by an entity that is established, financed, maintained, or controlled by a national, State, district, or local committee of a political party, or by an agent or officer of any such committee or entity, to raise funds that are used, in whole or in part, to pay the costs of a Federal election activity shall be made from funds subject to the limitations, prohibitions, and reporting requirements of this Act. ``(d) Tax-Exempt Organizations.--A national, State, district, or local committee of a political party (including a national congressional campaign committee of a political party), an entity that is directly or indirectly established, financed, maintained, or controlled by any such national, State, district, or local committee or its agent, and an officer or agent acting on behalf of any such party committee or entity, shall not solicit any funds for, or make or direct any donations to, an organization that is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (or has submitted an application to the Commissioner of the Internal Revenue Service for determination of tax- exemption under such section). ``(e) Candidates.-- ``(1) In general.--A candidate, individual holding Federal office, agent of a candidate or individual holding Federal office, or an entity directly or indirectly established, financed, maintained or controlled by or acting on behalf of one or more candidates or individuals holding Federal office, shall not-- ``(A) solicit, receive, direct, transfer, or spend funds in connection with an election for Federal office, including funds for any Federal election activity, unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act; or ``(B) solicit, receive, direct, transfer, or spend funds in connection with any election other than an election for Federal office or disburse funds in connection with such an election unless the funds-- ``(i) are not in excess of the amounts permitted with respect to contributions to candidates and political committees under paragraphs (1) and (2) of section 315(a); and ``(ii) are not from sources prohibited by this Act from making contributions with respect to an election for Federal office. ``(2) State law.--Paragraph (1) does not apply to the solicitation, receipt, or spending of funds by an individual who is a candidate for a State or local office in connection with such election for State or local office if the solicitation, receipt, or spending of funds is permitted under State law for any activity other than a Federal election activity. ``(3) Fundraising events.--Notwithstanding paragraph (1), a candidate may attend, speak, or be a featured guest at a fundraising event for a State, district, or local committee of a political party.''. SEC. 402. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR INDIVIDUALS. (a) Contribution Limit for State Committees of Political Parties.-- Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is amended-- (1) in subparagraph (B), by striking ``or'' at the end; (2) in subparagraph (C)-- (A) by inserting ``(other than a committee described in subparagraph (D))'' after ``committee''; and (B) by striking the period at the end and inserting ``; or''; and (3) by adding at the end the following: ``(D) to a political committee established and maintained by a State committee of a political party in any calendar year that, in the aggregate, exceed $10,000''. (b) Aggregate Contribution Limit for Individual.--Section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking ``$25,000'' and inserting ``$30,000''. SEC. 403. REPORTING REQUIREMENTS. (a) Reporting Requirements.--Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434) (as amended by sections 103 and 303(b)) is amended by adding at the end the following: ``(f) Political Committees.-- ``(1) National and congressional political committees.--The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period. ``(2) Other political committees to which section 323 applies.--In addition to any other reporting requirements applicable under this Act, a political committee (not described in paragraph (1)) to which section 323(b)(1) applies shall report all receipts and disbursements made for activities described in paragraphs (2)(A) and (2)(B)(v) of section 323(b). ``(3) Itemization.--If a political committee has receipts or disbursements to which this subsection applies from any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b). ``(4) Reporting periods.--Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a).''. (b) Building Fund Exception to the Definition of Contribution.-- Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended-- (1) by striking clause (viii); and (2) by redesignating clauses (ix) through (xiv) as clauses (viii) through (xiii), respectively. TITLE V--RESTRUCTURING AND STRENGTHENING OF THE FEDERAL ELECTION COMMISSION SEC. 501. APPOINTMENT AND TERMS OF COMMISSIONERS. (a) In General.--Section 306(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)) is amended-- (1) in paragraph (1)-- (A) by striking ``(1) There is established'' and inserting ``(1)(A) There is established''; (B) by striking the second sentence and inserting the following: ``(B) Composition of commission.--The Commission is composed of 6 members appointed by the President, by and with the advice and consent of the United States Senate, and 1 member appointed by the President from among persons recommended by the Commission as provided in subparagraph (D).''; (C) by striking ``No more than'' and inserting the following: ``(C) Party affiliation.--Not more than''; and (D) by adding at the end the following: ``(D) Nomination by commission of additional member.-- ``(i) In general.--The members of the Commission shall recommend to the President, by a vote of 4 members, 3 persons for the appointment to the Commission. ``(ii) Vacancy.--On vacancy of the position of the member appointed under this subparagraph, a member shall be appointed to fill the vacancy in the same manner as provided in clause (i).''; and (2) in paragraphs (3) and (4), by striking ``(other than the Secretary of the Senate and the Clerk of the House of Representatives)''. (b) Transition Rule.--Not later than 90 days after the date of enactment of this Act, the Commission shall recommend persons for appointment under section 306(a)(1)(D) of the Federal Election Campaign Act of 1971, as added by section 501(a)(1)(D) of this Act. SEC. 502. AUDITS. (a) Random audit.--Section 311(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 438(b)) is amended-- (1) by inserting ``(1)'' before ``The Commission''; and (2) by adding at the end the following: ``(2) Random audits.-- ``(A) In general.--Notwithstanding paragraph (1), after every primary, general, and runoff election, the Commission may conduct random audits and investigations to ensure voluntary compliance with this Act. ``(B) Selection of subjects.--The subjects of audits and investigations under this paragraph shall be selected on the basis of impartial criteria established by a vote of at least 4 members of the Commission. ``(C) Exclusion.--This paragraph does not apply to an authorized committee of a candidate for President or Vice President subject to audit under chapter 95 or 96 of the Internal Revenue Code of 1986.''. SEC. 503. AUTHORITY TO SEEK INJUNCTION. Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended-- (1) by adding at the end the following: ``(13) Authority to seek injunction.-- ``(A) In general.--If, at any time in a proceeding described in paragraph (1), (2), (3), or (4), the Commission believes that-- ``(i) there is a substantial likelihood that a violation of this Act is occurring or is about to occur; ``(ii) the failure to act expeditiously will result in irreparable harm to a party affected by the potential violation; ``(iii) expeditious action will not cause undue harm or prejudice to the interests of others; and ``(iv) the public interest would be best served by the issuance of an injunction; the Commission may initiate a civil action for a temporary restraining order or preliminary injunction pending the outcome of proceedings under paragraphs (1), (2), (3), and (4). ``(B) Venue.--An action under subparagraph (A) shall be brought in the United States district court for the district in which the defendant resides, transacts business, or may be found, or in which the violation is occurring, has occurred, or is about to occur.''; (2) in paragraph (7), by striking ``(5) or (6)'' and inserting ``(5), (6), or (13)''; and (3) in paragraph (11), by striking ``(6)'' and inserting ``(6) or (13)''. SEC. 504. STANDARD FOR INVESTIGATION. Section 309(a)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437f(a)(2)) is amended by striking ``reason to believe that'' and inserting ``reason to open an investigation on whether''. SEC. 505. PETITION FOR CERTIORARI. Section 307(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437d(a)) is amended by inserting ``(including a proceeding before the Supreme Court on certiorari)'' after ``appeal''. SEC. 506. EXPEDITED PROCEDURES. Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) (as amended by section 503) is amended by adding at the end the following: ``(14) Expedited procedure.-- ``(A) 60 days before a general election.--If the complaint in a proceeding was filed within 60 days before the date of a general election, the Commission may take action described in this subparagraph. ``(B) Resolution before an election.--If the Commission determines, on the basis of facts alleged in the complaint and other facts available to the Commission, that there is clear and convincing evidence that a violation of this Act has occurred, is occurring, or is about to occur and it appears that the requirements for relief stated in clauses (ii), (iii), and (iv) of paragraph (13)(A) are met, the Commission may-- ``(i) order expedited proceedings, shortening the time periods for proceedings under paragraphs (1), (2), (3), and (4) as necessary to allow the matter to be resolved in sufficient time before the election to avoid harm or prejudice to the interests of the parties; or ``(ii) if the Commission determines that there is insufficient time to conduct proceedings before the election, immediately seek relief under paragraph (13)(A). ``(C) Meritless complaints.--If the Commission determines, on the basis of facts alleged in the complaint and other facts available to the Commission, that the complaint is clearly without merit, the Commission may-- ``(i) order expedited proceedings, shortening the time periods for proceedings under paragraphs (1), (2), (3), and (4) as necessary to allow the matter to be resolved in sufficient time before the election to avoid harm or prejudice to the interests of the parties; or ``(ii) if the Commission determines that there is insufficient time to conduct proceedings before the election, summarily dismiss the complaint.''. SEC. 507. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS. (a) Mandatory Electronic Filing.--Section 304(a)(11)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)(A)) is amended by striking ``permit reports required by'' and inserting ``require reports under''. (b) Requiring Reports for All Contributions Made to Any Political Committee Within 90 Days of Election; Requiring Reports To Be Made Within 24 Hours.--Section 304(a)(6) of such Act (2 U.S.C. 434(a)(6)) is amended to read as follows: ``(6)(A) Each political committee shall notify the Secretary or the Commission, and the Secretary of State, as appropriate, in writing, of any contribution received by the committee during the period which begins on the 90th day before an election and ends at the time the polls close for such election. This notification shall be made within 24 hours (or, if earlier, by midnight of the day on which the contribution is deposited) after the receipt of such contribution and shall include the name of the candidate involved (as appropriate) and the office sought by the candidate, the indentification of the contributor, and the date of receipt and amount of the contribution. ``(B) The notification required under this paragraph shall be in addition to all other reporting requirements under this Act.''. (c) Increasing Electronic Disclosure.--Section 304 of such Act (2 U.S.C. 434(a)), as amended by sections 103, 303(b), and 403(a), is further amended by adding at the end the following new subsection: ``(g)(1) The Commission shall make the information contained in the reports submitted under this section available on the Internet and publicly available at the offices of the Commission as soon as practicable (but in no case later than 24 hours) after the information is received by the Commission. ``(2) In this subsection, the term `Internet' means the international computer network of both Federal and non-Federal interoperable packet-switched data networks.''. SEC. 508. POWER TO ISSUE SUBPOENA WITHOUT SIGNATURE OF CHAIRPERSON. Section 307(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437d(a)(3)) is amended by striking ``, signed by the chairman or the vice chairman,''. TITLE VI--MISCELLANEOUS PROVISIONS SEC. 601. SEVERABILITY. If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. SEC. 602. REVIEW OF CONSTITUTIONAL ISSUES. An appeal may be taken directly to the Supreme Court of the United States from any final judgment, decree, or order issued by any court ruling on the constitutionality of any provision of this Act or amendment made by this Act. SEC. 603. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect on January 1, 2000. <all>

usgpo

2024-06-24T03:05:34.225383

BILLS-106hr1747ih

Conduit Contribution Prevention Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1747 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1747 To amend the Federal Election Campaign Act of 1971 to increase the penalties imposed for making or accepting contributions in the name of another and to prohibit foreign nationals from making any campaign- related disbursements. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Burton of Indiana (for himself, Mr. Shays, Mr. McHugh, Mr. Mica, Mr. McIntosh, Mr. Souder, Mr. LaTourette, Mr. Hutchinson, Mr. Traficant, Mr. Horn, Mr. Gilman, Mr. Barr of Georgia, and Mr. Ryan of Wisconsin) introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To amend the Federal Election Campaign Act of 1971 to increase the penalties imposed for making or accepting contributions in the name of another and to prohibit foreign nationals from making any campaign- related disbursements. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Conduit Contribution Prevention Act of 1999''. SEC. 2. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CONDUIT CONTRIBUTION BAN. (a) Increase in Civil Money Penalty for Knowing and Willful Violations.--Section 309(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is amended-- (1) in paragraph (5)(B), by inserting before the period at the end the following: ``(or, in the case of a violation of section 320, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1000 percent of the amount involved in the violation)''; and (2) in paragraph (6)(C), by inserting before the period at the end the following: ``(or, in the case of a violation of section 320, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1000 percent of the amount involved in the violation)''. (b) Increase in Criminal Penalty.-- (1) In general.--Section 309(d)(1) of such Act (2 U.S.C. 437g(d)(1)) is amended by adding at the end the following new subparagraph: ``(D) Any person who knowingly and willfully commits a violation of section 320 involving an amount aggregating $1,000 or more during a calendar year shall be fined, or imprisoned for not more than 2 years, or both. The amount of the fine shall not be less than 300 percent of the amount involved in the violation and shall not be more than the greater of $50,000 or 1000 percent of the amount involved in the violation.''. (2) Conforming amendment.--Section 309(d)(1)(A) of such Act (2 U.S.C. 437g(d)(1)(A)) is amended by inserting ``(other than section 320)'' after ``this Act''. (c) Mandatory Referral to Attorney General.--Section 309(a)(5)(C) of such Act (2 U.S.C. 437(a)(5)(C)) is amended by inserting ``(or, in the case of a violation of section 320, shall refer such apparent violation to the Attorney General of the United States)'' after ``United States''. (d) Effective Date.--The amendments made by this section shall apply with respect to violations occurring on or after the date of the enactment of this Act. SEC. 3. EXTENSION OF BAN ON FOREIGN CONTRIBUTIONS TO ALL CAMPAIGN- RELATED DISBURSEMENTS. (a) Prohibition on Disbursements by Foreign Nationals.--Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended-- (1) in the heading, by striking ``contributions'' and inserting ``disbursements''; (2) in subsection (a), by striking ``contribution'' each place it appears and inserting ``disbursement''; and (3) in subsection (a), by striking the semicolon and inserting the following: ``, including any disbursement to a political committee of a political party and any disbursement for an independent expenditure;''. (b) Effective Date.--The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act. <all>

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2024-06-24T03:05:34.470900

BILLS-106hr1745ih

To amend the Immigration and Nationality Act to provide for the removal of aliens who associate with known terrorists.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1745 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1745 To amend the Immigration and Nationality Act to provide for the removal of aliens who associate with known terrorists. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Andrews introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to provide for the removal of aliens who associate with known terrorists. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REMOVAL OF ALIENS WHO ASSOCIATE WITH KNOWN TERRORISTS. Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended to read as follows: ``(B) Terrorist activities.-- ``(i) In general.--Any alien who has engaged, is engaged, or at any time after admission engages in terrorist activity (as defined in section 212(a)(3)(B)(iii)) is deportable. ``(ii) Association with known terrorists.-- Any alien who at any time after admission associates with an individual who the alien knows, or has reasonable ground to believe, is designated as a terrorist in the Department of State publication entitled `Patterns of Global Terrorism' is deportable. For the purposes of the preceding sentence, an alien shall be considered to have associated with such an individual if the alien engaged in a pattern of conduct that, with respect to both the frequency and the nature of the conduct, gives rise to a reasonable suspicion that the alien knowingly aided and abetted such an individual to engage in terrorist activity (as defined in section 212(a)(3)(B)(iii)).''. <all>

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2024-06-24T03:05:34.502210

BILLS-106hr1744ih

National Institute of Standards and Technology Authorization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1744 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1744 To authorize appropriations for the National Institute of Standards and Technology for fiscal years 2000 and 2001, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 10, 1999 Mrs. Morella introduced the following bill; which was referred to the Committee on Science _______________________________________________________________________ A BILL To authorize appropriations for the National Institute of Standards and Technology for fiscal years 2000 and 2001, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute of Standards and Technology Authorization Act of 1999''. SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES. (a) Laboratory Activities.--There are authorized to be appropriated to the Secretary of Commerce for the Scientific and Technical Research and Services laboratory activities of the National Institute of Standards and Technology-- (1) $274,513,000 for fiscal year 2000, of which-- (A) $39,960,000 shall be for Electronics and Electrical Engineering; (B) $17,916,000 shall be for Manufacturing Engineering; (C) $34,061,000 shall be for Chemical Science and Technology; (D) $29,569,000 shall be for Physics; (E) $53,093,000 shall be for Material Science and Engineering; (F) $13,817,000 shall be for Building and Fire Research; (G) $37,058,000 shall be for Computer Science and Applied Mathematics; (H) $17,636,000 shall be for Technical Assistance; and (I) $31,403,000 shall be for Research Support; and (2) $285,152,000 for fiscal year 2001. (b) Malcolm Baldrige National Quality Program.--There are authorized to be appropriated to the Secretary of Commerce for the Malcolm Baldrige National Quality Program under section 17 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3711a)-- (1) $5,100,000 for fiscal year 2000; and (2) $5,100,000 for fiscal year 2001. (c) Construction and Maintenance.--(1) There are authorized to be appropriated to the Secretary of Commerce for construction and maintenance of facilities of the National Institute of Standards and Technology-- (A) $106,800,000 for fiscal year 2000; and (B) $31,800,000 for fiscal year 2001. (2) None of the funds authorized by paragraph (1)(B) for construction of facilities may be obligated unless the Secretary of Commerce has certified to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate that the obligation of funds is consistent with a plan for meeting the facilities needs of the National Institute of Standards and Technology that the Secretary has transmitted to those committees. SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR THE OFFICE OF THE UNDER SECRETARY FOR TECHNOLOGY. There are authorized to be appropriated to the Secretary of Commerce for the activities of the Under Secretary for Technology and the Office of Technology Policy-- (1) $7,500,000 for fiscal year 2000; and (2) $7,500,000 for fiscal year 2001. SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR INDUSTRIAL TECHNOLOGY SERVICES. There are authorized to be appropriated to the Secretary of Commerce for the Industrial Technology Services activities of the National Institute of Standards and Technology-- (1) $297,500,000 for fiscal year 2000, of which-- (A) $190,700,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n); and (B) $106,800,000 shall be for the Manufacturing Extension Partnerships program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l); and (2) $256,700,000 for fiscal year 2001, of which-- (A) $149,900,000 shall be for the Advanced Technology Program under section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n); and (B) $106,800,000 shall be for the Manufacturing Extension Partnerships program under sections 25 and 26 of the National Institute of Standards and Technology Act (15 U.S.C. 278k and 278l). SEC. 5. NATIONAL TECHNICAL INFORMATION SERVICE. There are authorized to be appropriated to the Secretary of Commerce for the National Technical Information Service $2,000,000 for fiscal year 2000. SEC. 6. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ACT AMENDMENTS. (a) Amendments.--Section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) is amended-- (1) by inserting ``and if the non-Federal participants in the joint venture agree to pay at least 60 percent of the total costs of the joint venture during the Federal participation period under this section, which shall not exceed 5 years,'' in subsection (b)(1)(B) after ``participation to be appropriate,''; (2) by striking ``(ii) provision of a minority share of the cost of such joint ventures for up to 5 years, and (iii)'' in subsection (b)(1)(B), and inserting in lieu thereof ``and (ii)''; (3) by striking ``, provided that emphasis is'' in subsection (b)(2) and inserting in lieu thereof ``on the condition that grant recipients (other than small businesses within the meaning of the Small Business Act) provide at least 60 percent of the costs of the project, with emphasis''; (4) in subsection (d)(1), by inserting ``and be of a nature and scope that would not be pursued in a timely manner without Federal assistance'' after ``technical merit''; and (5) by adding at the end the following new subsection: ``(k) The Secretary, acting through the Director, may vest title to tangible personal property in any recipient of financial assistance under this section if-- ``(1) the property is purchased with funds provided under this section; and ``(2) the Secretary, acting through the Director, determines that the vesting of such property furthers the objectives of the Institute. Vesting under this subsection shall be subject to such limitations as are prescribed by the Secretary, acting through the Director, and shall be made without further obligation to the United States Government.''. (b) Additional Amendment.--(1) Section 28 of the National Institute of Standards and Technology Act (15 U.S.C. 278n) is further amended by striking the period at the end of the first sentence of subsection (d)(11)(A) and inserting in lieu thereof the following: ``or any other participant in a joint venture receiving financial assistance under this section, as agreed by the parties, notwithstanding the requirements of section 202 (a) and (b) of title 35, United States Code.''. (2) The amendment made by this subsection shall be effective only with respect to assistance for which solicitations for proposals are made after the date of the enactment of this Act. SEC. 7. TECHNICAL AMENDMENTS. (a) Research Fellowships.--Section 18 of the National Institute of Standards and Technology Act (15 U.S.C. 278g-1) is amended by striking ``up to 1 per centum of the''. (b) Outdated Specifications.--Section 2 of the Act entitled ``An Act to authorize the Use of the Metric System of Weights and Measures'' enacted July 28, 1866 (15 U.S.C. 205) is amended to read as follows: ``Sec. 2. The metric system of measurement shall be defined as the International System of Units as established in 1960, and subsequently maintained, by the General Conference of Weights and Measures, and as interpreted or modified for the United States by the Secretary of Commerce.''. SEC. 8. ELIGIBILITY FOR AWARDS. (a) In General.--The Director of the National Institute of Standards and Technology shall exclude from consideration for grant agreements made by the Institute after fiscal year 1999 any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this section shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). <all>

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2024-06-24T03:05:34.591578

BILLS-106hr1746ih

Schools and Libraries Internet Access Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1746 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1746 To amend the Communications Act of 1934 to reduce telephone rates, provide advanced telecommunications services to schools, libraries, and certain health care facilities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Tauzin (for himself, Mr. Weller, Mr. Fossella, Mr. Shimkus, Mr. Whitfield, Mr. Sununu, Mr. Gary Miller of California, Mr. Boucher, Mr. Goss, Mr. Tancredo, and Mr. Rogan) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Communications Act of 1934 to reduce telephone rates, provide advanced telecommunications services to schools, libraries, and certain health care facilities, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Schools and Libraries Internet Access Act''. SEC. 2. REPEAL OF FEDERAL COMMUNICATIONS COMMISSION AUTHORITY. Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is amended-- (1) in subsection (b)-- (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6); (2) in subsection (c)-- (A) in paragraph (1)(A), by striking ``education, public health, or''; and (B) by striking paragraph (3); and (3) by striking subsection (h). SEC. 3. REDUCTION OF EXCISE TAX ON TELEPHONE AND OTHER COMMUNICATIONS SERVICES. (a) Phase-Out of Tax.--Section 4251(b)(2) of the Internal Revenue Code of 1986 is amended to read as follows: ``(2) Applicable percentage.--The term `applicable percentage' means-- ``(A) 3.0 percent with respect to amounts paid pursuant to bills first rendered before January 1, 2000; and ``(B) 1.0 percent with respect to amounts paid pursuant to bills first rendered on or after January 1, 2000, and before October 1, 2003.'' (b) Repeal of Tax.--Subchapter B of chapter 33 of the Internal Revenue Code of 1986 is repealed effective with respect to bills first rendered on or after October 1, 2004. SEC. 4. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND. (a) In General.--Chapter 98 of the Internal Revenue Code of 1986 is amended by inserting after section 9510 the following: ``SEC. 9511. TELECOMMUNICATIONS TECHNOLOGY TRUST FUND. ``(a) Creation of Trust Fund.--There is established in the Treasury of the United States a trust fund to be known as the ``Telecommunications Technology Trust Fund'', consisting of such amounts as may be appropriated or credited pursuant to this section or section 9602(b). ``(b) Transfer to Telecommunications Technology Trust Fund Amounts Equivalent to Certain Taxes.--There are hereby appropriated to the Telecommunications Technology Trust Fund amounts equivalent to 100 percent of the taxes received in the Treasury after December 31, 1998, under section 4251 (relating to tax on communications). ``(c) Expenditures From Telecommunications Technology Trust Fund.-- Amounts in the Telecommunications Technology Trust Fund shall be available for making expenditures to carry out the provisions of section 106 of the National Telecommunications and Information Administration Organization Act. ``(d) Sunset.--The provisions of this section shall cease to be effective on October 1, 2004.''. SEC. 5. PROVISION OF TELECOMMUNICATIONS SERVICES TO SCHOOLS, LIBRARIES, AND RURAL HEALTH CARE PROVIDERS. Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following new section: ``SEC. 106. PROVISION OF ADVANCED TELECOMMUNICATIONS SERVICES. ``(a) Provision of Certain Telecommunications and Related Services.-- ``(1) Grants authorized.--The Secretary (or the Secretary's designee) shall award a grant for a fiscal year to each State having an approved plan under paragraph (3) for the following purposes: ``(A) To assist in acquiring telecommunications and related services which are necessary for the provision of health care services, including instruction relating to such telecommunications and related services, by any public or nonprofit health care provider that serves persons who reside in a rural area, as defined in section 1886(d)(2)(D) of the Social Security Act (42 U.S.C. 1395ww(d)(2)(D)). ``(B) To assist in acquiring telecommunications and related services for elementary schools, secondary schools, and libraries for educational purposes. ``(2) Allocation of funds.--From amounts appropriated pursuant to subsection (b), the Secretary shall allocate to each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico as follows, except that no State shall receive less than \1/2\ of 1 percent of such amount: ``(A) Fifty percent shall be allocated among such jurisdictions on the basis of their relative populations of individuals aged five through 17, as determined by the Secretary on the basis of the most recent satisfactory data. ``(B) Fifty percent shall be allocated among such jurisdictions in accordance with the relative amounts such jurisdictions received under part A of title I of the Elementary and Secondary Education Act of 1965 for the preceding fiscal year. ``(3) State plans.--In order for a State to receive a grant or an allocation of funds under this part for any fiscal year, such State shall have in effect for such fiscal year a State plan. Such plan shall-- ``(A) designate the State educational agency (as such term is defined in section 14101 of the Elementary and Secondary Education Act of 1965) as the State agency responsible for the administration of the program assisted under this part; ``(B) set forth a program under which funds paid to the State in accordance with this section will be expended solely for-- ``(i) acquiring certain telecommunications and related services under subsection (a); and ``(ii) administration of the State plan, except that the amount used for administration of the State plan in any fiscal year shall not exceed 2 percent of the amount available to such State under this section for such fiscal year; ``(C) set forth criteria to be used in allotting funds among the eligible entities in the State, taking into consideration the relative economic need of the eligible entities, including the number of students or other persons who are-- ``(i) living in areas with high concentrations of low-income families; ``(ii) from or part of a low-income family; and ``(iii) living in sparsely populated areas; and ``(D) contain assurance that funds paid to the State in accordance with this section will be expended in accordance with the regulations prescribed by the Secretary under paragraph (5). ``(4) Terms and conditions.--Telecommunications and related services and network capacity provided to a school, library, or health care provider under this section may not be sold, resold, or otherwise transferred by such user in consideration for money or any other thing of value. ``(5) Rulemaking authority.--The Secretary (or the Secretary's designee) shall prescribe such regulations as may be necessary to establish qualifications and conditions to carry out the provisions of this section. Such regulations shall include criteria by which States shall determine, in the case of any acquisition of telecommunications and related services for elementary schools, secondary schools, and libraries for educational purposes that includes the installation of equipment within any such school or library, whether the installation is essential to permit such school or library to have access to advanced technologies. ``(6) Definitions.--For purposes of this section: ``(A) Elementary and secondary schools.--The terms `elementary schools' and `secondary schools' have the same meanings given those terms in paragraphs (14) and (25), respectively, of section 14101 of the Elementary and Secondary Education Act of 1965. ``(B) Health care provider.--The term `health care provider' includes-- ``(i) post-secondary educational institutions offering health care instructions, teaching hospitals, and medical schools; ``(ii) community health centers or health centers providing health care to migrants; ``(iii) local health departments or agencies; ``(iv) community mental health centers; ``(v) not-for-profit hospitals; ``(vi) rural health clinics; and ``(vii) consortia of health care providers consisting of 1 or more of the above described entities. ``(C) Eligible entities.--Notwithstanding subparagraph (A) or (B), no entity shall be entitled to receive grants authorized under this section if such entity operates as other than a not-for-profit business, is a school described in subparagraph (A) with an endowment of more than $50,000,000, or is a library or library consortium not eligible for assistance from a State library administrative agency under the Library Services and Technology Act. ``(b) Expenditure Authority.-- ``(1) Appropriations from trust fund.-- ``(A) Authorization.--Subject to subparagraphs (B) and (C), there are authorized to be appropriated from the Telecommunications Technology Trust Fund, established pursuant to section 9511 of the Internal Revenue Code of 1986, such funds as may be necessary for each of the fiscal years 2000 through 2004 to fund-- ``(i) the grants authorized by section (a)(1); and ``(ii) such expenditures as may be necessary to administer the programs established by this section. ``(B) Limitation based on collections.--No amount may be appropriated pursuant to subparagraph (A) for a fiscal year for grants pursuant to section (a)(1) that in the aggregate exceed 100 percent of the trust fund receipts credited to the Telecommunications Technology Trust Fund with respect to the preceding fiscal year. ``(C) Fiscal year 1999 limitation.--The amount appropriated under subparagraph (A) for fiscal year 2000 shall not exceed $1,700,000,000. ``(D) Unexpended balances.--Any balances in the Telecommunications Technology Trust Fund after deduction of the amount appropriated under subparagraph (A) for any fiscal year are authorized to be transferred to and deposited in the general fund of the Treasury, to the extent so provided in an appropriations Act. ``(2) Appropriations after expiration of tax receipts.--For fiscal year 2005 and each of the succeeding fiscal years, there are authorized to be appropriated, from funds in the Treasury not otherwise appropriated, not to exceed $500,000,000 to fund-- ``(A) the grants authorized by section (a)(1); and ``(B) such expenditures as may be necessary to administer the programs established by this section.''. SEC. 6. EFFECTIVE DATES. (a) Delayed Date.--The amendments made by sections 2 and 5 of this Act shall be effective 180 days after the date of enactment of this Act. (b) Immediate Effect.--The amendments made by sections 3 and 4 of this Act shall be effective on the date of enactment of this Act. <all>

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2024-06-24T03:05:34.603188

BILLS-106hr1743ih

Environmental Protection Agency Office of Air and Radiation Authorization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1743 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1743 To authorize appropriations for fiscal years 2000 and 2001 for the environmental and scientific and energy research, development, and demonstration and commercial application of energy technology programs, projects, and activities of the Office of Air and Radiation of the Environmental Protection Agency, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 10, 1999 Mr. Calvert introduced the following bill; which was referred to the Committee on Science _______________________________________________________________________ A BILL To authorize appropriations for fiscal years 2000 and 2001 for the environmental and scientific and energy research, development, and demonstration and commercial application of energy technology programs, projects, and activities of the Office of Air and Radiation of the Environmental Protection Agency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Environmental Protection Agency Office of Air and Radiation Authorization Act of 1999''. SEC. 2. DEFINITIONS. For the purposes of this Act-- (1) the term ``Administrator'' means the Administrator of the Agency; (2) the term ``Agency'' means the Environmental Protection Agency; and (3) the term ``Assistant Administrator'' means the Assistant Administrator for Air and Radiation of the Agency. SEC. 3. OFFICE OF AIR AND RADIATION. (a) In General.--There are authorized to be appropriated to the Administrator for the Office of Air and Radiation for environmental and scientific and energy research, development, and demonstration and commercial application of energy technology programs, projects, and activities for which specific sums are not authorized under other authority of law $230,116,100 for fiscal year 2000 and $237,019,600 for fiscal year 2001, to remain available until expended, of which-- (1) $124,282,600 for fiscal year 2000 and $128,011,100 for fiscal year 2001 shall be for Science and Technology; and (2) $105,833,500 for fiscal year 2000 and $109,008,500 for fiscal year 2001 shall be for the Climate Change Technology Initiative, including-- (A) $39,964,000 for fiscal year 2000 and $41,162,900 for fiscal year 2001 for Buildings; (B) $32,702,500 for fiscal year 2000 and $33,683,600 for fiscal year 2001 for Transportation; (C) $19,158,000 for fiscal year 2000 and $19,732,740 for fiscal year 2001 for Industry; (D) $3,400,000 for fiscal year 2000 and $3,502,000 for fiscal year 2001 for Carbon Removal; (E) $2,987,000 for fiscal year 2000 and $3,076,600 for fiscal year 2001 for State and Local Climate; and (F) $7,622,000 for fiscal year 2000 and $7,850,660 for fiscal year 2001 for International Capacity Building. (b) Limitation.--None of the amounts authorized under subsection (a) may be obligated until 30 days after the Administrator submits to the Committee on Science and the Committee on Appropriations of the House of Representatives, and the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, a report detailing, for fiscal year 2000 and each of the 2 previous fiscal years, for all Office of Air and Radiation environmental and scientific and energy research, development, and demonstration and commercial application of energy technology programs, projects, and activities authorized under this Act, by appropriation goal and objectives-- (1) a description of, and funding requested or allocated for, each such program, project, and activity; (2) an identification of all recipients of funds to conduct such programs, projects, and activities; and (3) an estimate of the amounts to be expended by each recipient of funds identified under paragraph (2). (c) Exclusion.--In the computation of the 30-day period described in subsection (b), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain. SEC. 4. NOTICE. (a) Reprogramming.--The Administrator may use for any authorized activities of the Office of Air and Radiation under this Act-- (1) up to the lesser of $250,000 or 5 percent of the total funding for a fiscal year of an environmental or scientific or energy research, development, or demonstration or commercial application of energy technology program, project, or activity of the Office of Air and Radiation; or (2) after the expiration of 60 days after transmitting to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, a report described in subsection (b), up to 25 percent of the total funding for a fiscal year of an environmental or scientific or energy research, development, or demonstration or commercial application of energy technology program, project, or activity of the Office of Air and Radiation. (b) Report.--(1) The report referred to in subsection (a)(2) is a report containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action. (2) In the computation of the 60-day period under subsection (a)(2), there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than 3 days to a day certain. (c) Limitations.--In no event may funds be used pursuant to subsection (a) for an environmental or scientific or energy research, development, or demonstration or commercial application of energy technology program, project, or activity for which funding has been requested to the Congress but which has not been funded by the Congress. (d) Annual Operating Plan.--The Administrator shall provide simultaneously to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, any annual operating plan or other operational funding document, including any additions or amendments thereto, provided to the Committee on Appropriations of the House of Representatives or to the Committee on Appropriations of the Senate. (e) Copy of Reports.--In addition to the documents required under subsection (d), the Administrator shall provide copies simultaneously to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, of any report relating to the environmental or scientific or energy research, development, or demonstration or commercial application of energy technology programs, projects, or activities of the Office of Air and Radiation prepared at the direction of any committee of Congress. (f) Notice of Reorganization.--The Administrator shall provide notice to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, not later than 15 days before any major reorganization of any environmental or scientific or energy research, development, or demonstration or commercial application of energy technology program, project, or activity of the Office of Air and Radiation. SEC. 5. BUDGET REQUEST FORMAT. The Administrator shall provide to the Congress, to be transmitted at the same time as the Agency's annual budget request submission, a detailed justification for budget authorization for the programs, projects, and activities for which funds are authorized by this Act. Each such document shall include, for the fiscal year for which funding is being requested and for the 2 previous fiscal years-- (1) a description of, and funding requested or allocated for, each such program, project, and activity; (2) an identification of all recipients of funds to conduct such programs, projects, and activities; and (3) an estimate of the amounts to be expended by each recipient of funds identified under paragraph (2). The document required by this section shall be presented in the format employed by, and with the level of detail included in, the document entitled ``Department of Energy FY 2000 Congressional Budget Request, DOE/CR-0062, Volume 3'', dated February 1999. SEC. 6. LIMITS ON USE OF FUNDS. (a) Travel.--Not more than 1 percent of the funds authorized by this Act may be used either directly or indirectly to fund travel costs of the Agency or travel costs for persons awarded grants, contracts, subcontracts, or any other form of financial assistance by the Agency. As part of the Agency's annual budget request submission to the Congress, the Administrator shall submit a report to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, that identifies-- (1) the estimated amount of travel costs by the Agency and for persons awarded grants, contracts, subcontracts, or any other form of financial assistance by the Agency for the fiscal year of such budget submission, as well as for the 2 previous fiscal years; (2) the major purposes for such travel; and (3) the sources of funds for such travel. (b) Trade Associations.--No funds authorized by this Act may be used either directly or indirectly to fund a grant, contract, subcontract, or any other form of financial assistance awarded by the Agency to a trade association on a noncompetitive basis. As part of the Agency's annual budget request submission to the Congress, the Administrator shall submit a report to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, that identifies-- (1) the estimated amount of funds provided by the Agency to trade associations, by trade association, for the fiscal year of such budget submission, as well as for the 2 previous fiscal years; (2) the services either provided or to be provided by each such trade association; and (3) the sources of funds for services provided by each such trade association. (c) Kyoto Protocol.--None of the funds authorized by this Act may be used either directly or indirectly for the purpose of implementation, or in preparation for implementation, of the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan, at the Third Conference of the Parties to the United Nations Framework Convention on Climate Change, unless it has been ratified by the Senate and has entered into force pursuant to article 25 of the Protocol. SEC. 7. LIMITATION ON DEMONSTRATIONS. The Agency shall provide funding for environmental or scientific or energy demonstration or commercial application of energy technology programs, projects, or activities of the Office of Air and Radiation only for technologies or processes that are substantially new, and not for incremental improvements to technologies or processes that exist in the marketplace. SEC. 8. FEDERAL ACQUISITION REGULATION. (a) Requirement.--None of the funds authorized to be appropriated by this Act may be used to award, amend, or modify a contract of the Office of Air and Radiation in a manner that deviates from the Federal Acquisition Regulation, unless the Administrator grants, on a case-by- case basis, a waiver to allow for such a deviation. The Administrator may not delegate the authority to grant such a waiver. (b) Congressional Notice.--At least 60 days before a contract award, amendment, or modification for which the Administrator intends to grant such a waiver, the Administrator shall submit to the Committee on Science and the Committee on Appropriations of the House of Representatives, and to the Committee on Environment and Public Works and the Committee on Appropriations of the Senate, a report notifying the committees of the waiver and setting forth the reasons for the waiver. SEC. 9. REQUESTS FOR PROPOSALS. None of the funds authorized to be appropriated by this Act may be used by the Agency to prepare or initiate Requests for Proposals (RFPs) for a program, project, or activity if the program, project, or activity has not been specifically authorized by Congress. SEC. 10. PRODUCTION OR PROVISION OF ARTICLES OR SERVICES. None of the funds authorized to be appropriated by this Act may be used by any program, project, or activity of the Office of Air and Radiation to produce or provide articles or services for the purpose of selling the articles or services to a person outside the Federal Government, unless the Administrator determines that comparable articles or services are not available from a commercial source in the United States. SEC. 11. ELIGIBILITY FOR AWARDS. (a) In General.--The Administrator shall exclude from consideration for grant agreements made after fiscal year 1999 by the Office of Air and Radiation, under the programs, projects, and activities for which funds are authorized under this Act, any person who received funds, other than those described in subsection (b), appropriated for a fiscal year after fiscal year 1999, under a grant agreement from any Federal funding source for a project that was not subjected to a competitive, merit-based award process, except as specifically authorized by this Act. Any exclusion from consideration pursuant to this section shall be effective for a period of 5 years after the person receives such Federal funds. (b) Exception.--Subsection (a) shall not apply to the receipt of Federal funds by a person due to the membership of that person in a class specified by law for which assistance is awarded to members of the class according to a formula provided by law. (c) Definition.--For purposes of this section, the term ``grant agreement'' means a legal instrument whose principal purpose is to transfer a thing of value to the recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and does not include the acquisition (by purchase, lease, or barter) of property or services for the direct benefit or use of the United States Government. Such term does not include a cooperative agreement (as such term is used in section 6305 of title 31, United States Code) or a cooperative research and development agreement (as such term is defined in section 12(d)(1) of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a(d)(1))). <all>

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2024-06-24T03:05:34.612387

BILLS-106hr1748ih

To amend title 5, United States Code, to increase the mandatory retirement age for law enforcement officers from 57 to 60 years of age.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1748 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1748 To amend title 5, United States Code, to increase the mandatory retirement age for law enforcement officers from 57 to 60 years of age. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mrs. Mink of Hawaii introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL To amend title 5, United States Code, to increase the mandatory retirement age for law enforcement officers from 57 to 60 years of age. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE IN MANDATORY RETIREMENT AGE. (a) Civil Service Retirement System.-- (1) In general.--Section 8335(b) of title 5, United States Code, is amended by inserting after the second sentence the following: ``A law enforcement officer who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which such officer becomes 60 years of age or completes 20 years of service if then over that age.''. (2) Conforming amendments.--Section 8335(b) of such title 5, as amended by paragraph (1), is further amended-- (A) in the second sentence-- (i) by striking ``law enforcement officer or''; and (ii) by striking ``officer or courier, as the case may be,'' and inserting ``courier''; and (B) in the sentence following the sentence added by paragraph (1) by striking ``age.'' and inserting ``age, or, in the case of a law enforcement officer, until that employee becomes 63 years of age.''. (b) Federal Employees' Retirement System.-- (1) In general.--Section 8425(b) of title 5, United States Code, is amended by inserting after the second sentence the following: ``A law enforcement officer who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which such officer becomes 60 years of age or completes 20 years of service if then over that age.''. (2) Conforming amendments.--Section 8412(b) of such title 5, as amended by paragraph (1), is further amended-- (A) in the second sentence by striking ``law enforcement officer or'' each place it appears; and (B) in the sentence following the sentence added by paragraph (1) by striking ``age.'' and inserting ``age, or, in the case of a law enforcement officer, until that employee becomes 63 years of age.''. <all>

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2024-06-24T03:05:34.619431

BILLS-106hr1749ih

To designate Wilson Creek in Avery and Caldwell Counties, North Carolina, as a component of the National Wild and Scenic Rivers System.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1749 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1749 To designate Wilson Creek in Avery and Caldwell Counties, North Carolina, as a component of the National Wild and Scenic Rivers System. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Ballenger introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To designate Wilson Creek in Avery and Caldwell Counties, North Carolina, as a component of the National Wild and Scenic Rivers System. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION OF WILSON CREEK IN NORTH CAROLINA AS A WILD, SCENIC, AND RECREATIONAL RIVER. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph: ``(161) Wilson Creek, North Carolina.--(A) The 23.3 mile segment of Wilson Creek in the State of North Carolina from its headwaters to its confluence with Johns River, to be administered by the Secretary of Agriculture in the following classifications: ``(i) The 2.9 mile segment from its headwaters below Calloway Peak downstream to the confluence of Little Wilson Creek, as a scenic river. ``(ii) The 4.6 segment from Little Wilson Creek downstream to the confluence of Crusher Branch, as a wild river. ``(iii) The 15.8 segment from Crusher Branch downstream to the confluence of Johns River, as a recreational river. ``(B) The Forest Service or any other agency of the Federal Government may not undertake condemnation proceedings for the purpose of acquiring public right-of-way or access to Wilson Creek against the private property of T. Henry Wilson (or his heirs or assigns) located in Avery County, North Carolina (within the area 36 deg., 4 min., 21 sec. North 81 deg., 47 min., 37 deg. West and 36 deg., 3 min., 13 sec. North and 81 deg. 45 min. 55 sec. West), in the area of Wilson Creek designated as a wild river.''. <all>

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2024-06-24T03:05:34.904759

BILLS-106hr1754ih

To require the Administrator of the National Aeronautics and Space Administration to develop and provide for the distribution of an educational curriculum in recognition of the 100th anniversary of the first powered flight.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1754 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1754 To require the Administrator of the National Aeronautics and Space Administration to develop and provide for the distribution of an educational curriculum in recognition of the 100th anniversary of the first powered flight. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Etheridge introduced the following bill; which was referred to the Committee on Science, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To require the Administrator of the National Aeronautics and Space Administration to develop and provide for the distribution of an educational curriculum in recognition of the 100th anniversary of the first powered flight. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. 100TH ANNIVERSARY OF FLIGHT EDUCATIONAL INITIATIVE. (a) Education Curriculum.--In recognition of the 100th anniversary of the first powered flight, the Administrator of the National Aeronautics and Space Administration, in coordination with the Secretary of Education, shall develop and provide for the distribution, for use in the 2000-2001 academic year and thereafter, of an age- appropriate educational curriculum, for use at the kindergarten, elementary, and secondary levels, on the history of flight, the contribution of flight to global development in the 20th century, the practical benefits of aeronautics and space flight to society, the scientific and mathematical principles used in flight, and any other topics the Administrator considers appropriate. The Administrator shall integrate into the educational curriculum plans for the development and flight of the Mars plane. (b) Report to Congress.--Not later than May 1, 2000, the Administrator shall transmit a report to the Committee on Science of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate on activities undertaken pursuant to this Act. <all>

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2024-06-24T03:05:35.098569

BILLS-106hr1753ih

Methane Hydrate Research and Development Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1753 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1753 To promote the research, identification, assessment, exploration, and development of methane hydrate resources, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Doyle (for himself, Mr. Calvert, and Mr. Costello) introduced the following bill; which was referred to the Committee on Science, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To promote the research, identification, assessment, exploration, and development of methane hydrate resources, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Methane Hydrate Research and Development Act of 1999''. SEC. 2. DEFINITIONS. In this Act: (1) Contract.--The term ``contract'' means a procurement contract within the meaning of section 6303 of title 31, United States Code. (2) Cooperative agreement.--The term ``cooperative agreement'' means a cooperative agreement within the meaning of section 6305 of title 31, United States Code. (3) Director.--The term ``Director'' means the Director of the National Science Foundation. (4) Grant.--The term ``grant'' means a grant awarded under a grant agreement, within the meaning of section 6304 of title 31, United States Code. (5) Institution of higher education.--The term ``institution of higher education'' means an institution of higher education, within the meaning of section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)). (6) Methane hydrate.--The term ``methane hydrate'' means a methane clathrate that-- (A) is in the form of a methane-water ice-like crystalline material; and (B) is stable and occurs naturally in deep-ocean and permafrost areas. (7) Secretary.--The term ``Secretary'' means the Secretary of Energy, acting through the Assistant Secretary for Fossil Energy. (8) Secretary of defense.--The term ``Secretary of Defense'' means the Secretary of Defense, acting through the Secretary of the Navy. (9) Secretary of the interior.--The term ``Secretary of the Interior'' means the Secretary of the Interior, acting through the Director of the United States Geological Survey. SEC. 3. METHANE HYDRATE RESEARCH AND DEVELOPMENT PROGRAM. (a) In General.-- (1) Commencement of program.--Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Defense, the Secretary of the Interior, and the Director, shall commence a program of methane hydrate research and development. (2) Designations.--The Secretary, the Secretary of Defense, the Secretary of the Interior, and the Director shall designate individuals to carry out this section. (3) Meetings.--The individuals designated under paragraph (2) shall meet not later than 120 days after the date on which all such individuals are designated and not less frequently than every 120 days thereafter to-- (A) review the progress of the program under paragraph (1); and (B) make recommendations on future activities to occur subsequent to the meeting. (b) Grants, Contracts, Cooperative Agreements, Interagency Funds Transfer Agreements, and Field Work Proposals.-- (1) Assistance and coordination.--The Secretary may award grants or contracts to, or enter into cooperative agreements with, institutions of higher education and industrial enterprises to-- (A) conduct basic and applied research to identify, explore, assess, and develop methane hydrate as a source of energy; (B) assist in developing technologies required for efficient and environmentally sound development of methane hydrate resources; (C) undertake research programs to provide safe means of transport and storage of methane produced from methane hydrates; (D) promote education and training in methane hydrate resource research and resource development; (E) conduct basic and applied research to assess and mitigate the environmental impacts of hydrate degassing (including both natural degassing and degassing associated with commercial development); and (F) develop technologies to reduce the risks of drilling through methane hydrates. (2) Competitive merit-based review.--Funds made available under paragraph (1) shall be made available based on a competitive merit-based process. (c) Consultation.--The Secretary may establish an advisory panel consisting of experts from industry, institutions of higher education, and Federal agencies to-- (1) advise the Secretary on potential applications of methane hydrate; and (2) assist in developing recommendations and priorities for the methane hydrate research and development program carried out under subsection (a)(1). (d) Limitations.-- (1) Administrative expenses.--Not more than 5 percent of the amount made available to carry out this section for a fiscal year may be used by the Secretary for expenses associated with the administration of the program carried out under subsection (a)(1). (2) Construction costs.--None of the funds made available to carry out this section may be used for the construction of a new building or the acquisition, expansion, remodeling, or alteration of an existing building (including site grading and improvement and architect fees). (e) Responsibilities of the Secretary.--In carrying out subsection (b)(1), the Secretary shall-- (1) facilitate and develop partnerships among government, industry, and institutions of higher education to research, identify, assess, and explore methane hydrate resources; (2) undertake programs to develop basic information necessary for promoting long-term interest in methane hydrate resources as an energy source; (3) ensure that the data and information developed through the program are accessible and widely disseminated as needed and appropriate; (4) promote cooperation among agencies that are developing technologies that may hold promise for methane hydrate resource development; and (5) report annually to Congress on accomplishments under this section. SEC. 4. AMENDMENTS TO THE MINING AND MINERALS POLICY ACT OF 1970. Section 201 of the Mining and Minerals Policy Act of 1970 (30 U.S.C. 1901) is amended-- (1) in paragraph (6)-- (A) in subparagraph (F), by striking ``and'' at the end; (B) by redesignating subparagraph (G) as subparagraph (H); and (C) by inserting after subparagraph (F) the following: ``(G) for purposes of this section and sections 202 through 205 only, methane hydrate; and''; (2) by redesignating paragraph (7) as paragraph (8); and (3) by inserting after paragraph (6) the following: ``(7) The term `methane hydrate' means a methane clathrate that-- ``(A) is in the form of a methane-water ice-like crystalline material; and ``(B) is stable and occurs naturally in deep-ocean and permafrost areas.''. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary of Energy to carry out this Act-- (1) $5,000,000 for fiscal year 2000; (2) $7,500,000 for fiscal year 2001; (3) $10,000,000 for fiscal year 2002; (4) $10,000,000 for fiscal year 2003; and (5) $10,000,000 for fiscal year 2004. Amounts authorized under this section shall remain available until expended. SEC. 6. SUNSET. Section 3 of this Act shall cease to be effective after the end of fiscal year 2004. <all>

usgpo

2024-06-24T03:05:35.153577

BILLS-106hr1751ih

Carrizo Plain National Conservation Area Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1751 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1751 To establish the Carrizo Plain National Conservation Area in the State of California, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mrs. Capps (for herself, Mr. Thomas, Mr. Dooley of California, Mr. Lewis of California, Mr. Filner, Ms. Lofgren, and Mr. Lantos) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To establish the Carrizo Plain National Conservation Area in the State of California, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Carrizo Plain National Conservation Area Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) The public lands administered by the Bureau of Land Management in the State of California within the Carrizo Plain contain the last remnants of the once vast San Joaquin Valley grasslands that covered a large expanse of central California. (2) As a remnant ecosystem, these lands provide the best remaining contiguous habitat for a number of State or federally listed endangered species or threatened species, including the San Joaquin kit fox, the blunt-nosed leopard lizard, the giant kangaroo rat, and the San Joaquin antelope squirrel, and numerous other federally or State listed or sensitive plant and animal species. Many other important species of native wildlife inhabit the area, such as pronghorn antelope and tule elk. (3) In addition to its biological diversity, Carrizo Plain contains nationally significant cultural and historical sites which are very important to indigenous peoples in the area for religious and traditional cultural purposes. (4) The Carrizo Plain area also contains one of the best and most visible exposures of the geologically unique San Andreas fault, which is the boundary between the Pacific Plate (on the west) which moves northward relative to the North American Plate (on the east) and has and will continue to play a critical role in the evolution and future of California. (5) The Carrizo Plain offers unique research, interpretive, and educational opportunities, and significant recreation opportunities for the public. (6) Since 1985, the Carrizo Plain has been cooperatively managed by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, each of which owns a part of the Carrizo Plain and all of which work closely together in a manner that makes jurisdictional differences among them nearly transparent. (7) A cooperative management plan has been prepared for the Carrizo Plain by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, with full public involvement, that sets the stage for long-term joint management of the area for public use and enjoyment. (8) This management plan is based on the agencies' joint primary mission as set forth in the plan to ``manage the Carrizo Plain . . . so indigenous species interact within a dynamic and fully functioning ecosystem in perpetuity while conserving unique natural and cultural resources and maintaining opportunities for compatible scientific, cultural, social, and recreational activities''. In this context, and under the basic principles of multiple use and sustained yield, other resource uses, such as livestock grazing and recreation use, are allowed under the management plan in the conservation area if they are managed in a manner compatible with that primary mission. SEC. 3. ESTABLISHMENT OF THE NATIONAL CONSERVATION AREA. (a) Establishment and Purposes.--To preserve the nationally significant biological, geological, cultural, and recreation values found in the Carrizo Plain, California, as an enduring legacy of our heritage, and to secure for future generations the opportunity to experience those values in an environment rich in biological diversity and natural beauty, the area described in subsection (b) is hereby designated as the Carrizo Plain National Conservation Area. (b) Area Described.-- (1) Boundary map.--The area referred to in subsection (a) consists of approximately 250,000 acres of lands and waters, and interests therein, as generally depicted on the map entitled ``Boundary Map, Carrizo Plain National Conservation Area'', dated February 1999. (2) Legal description.--As soon as practicable after the date of the enactment of this Act, the Secretary shall file a legal description of the conservation area with the Committee on Resources of the House of Representatives and with the Committee on Energy and Natural Resources of the Senate. Such legal description shall have the same force and effect as if included in this Act, subject to paragraph (3). (3) Revisions and corrections.--The Secretary may-- (A) make minor revisions in the boundary of the conservation area; and (B) correct clerical and typographical errors in the map and legal description referred to in paragraphs (1) and (2), respectively. (4) Public availability.--The Secretary shall keep the map and legal description referred to in paragraphs (1) and (2), respectively, on file and available for public inspection in the offices of the Director in the District of Columbia and in Sacramento and Bakersfield, California. SEC. 4. MANAGEMENT OF THE CONSERVATION AREA. (a) In General.--The Secretary, acting through the Director, shall manage the public lands within the conservation area in accordance with all applicable laws and the management plan. (b) Review and Revision of Management Plan.--The Secretary of the Interior, in cooperation with the Director, the California Department of Fish and Game, affected landowners, and The Nature Conservancy-- (1) shall, by not later than 1 year after the date of the enactment of this Act, review the management plan referred to in section 9(4) and make such revisions in that plan as are necessary to ensure that it is consistent with the this Act and with the conservation, enhancement, and protection of the conservation area; and (2) may from time to time thereafter make such revisions as are necessary to ensure that consistency. (c) Gifts.--The Secretary may accept, receive, hold, administer, and use any gift, devise, or bequest, absolutely or in trust, of real or personal property, including any income from or interest in property or any funds, for management of the conservation area for the purposes for which the conservation area is established under section 3(a). (d) Funding Account.-- (1) In general.--To fund management activities for the conservation area, there is established in the Treasury a separate account to be known as the Carizzo Plain National Conservation Area Management Fund. (2) Contents.--The account shall consist of-- (A) amounts received as fees for activities in the conservation area; (B) amounts received by the United States as a gift, devise, or bequest authorized by subsection (c); and (C) amounts appropriated to the account. (3) Use.--Amounts in the account shall be available to the Secretary for management of the conservation area pursuant to the purposes for which the conservation is established under section 3(a). SEC. 5. LAND ACQUISITION. (a) Land Acquisition.--The Secretary may acquire nongovernment, privately owned lands and interests therein within the conservation area by donation, by exchange, or by purchase with the consent of the owner thereof. (b) Management.--Lands or interests therein within the conservation area so acquired by the United States shall, after the date of the enactment of this Act, be incorporated into and managed as part of the conservation area. SEC. 6. WITHDRAWAL; MINERAL DEVELOPMENT. (a) Withdrawal.--Subject to valid existing rights, all Federal lands within the conservation area, including all lands or interests acquired by the United States after the date of enactment of this Act, are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws and from location, entry, and patent under the mining laws of the United States. (b) Mineral Development.-- (1) In general.--Except as provided in paragraph (2), mineral development may occur in the conservation area pursuant to the Act of February 25, 1920 (30 U.S.C. 181 et seq.; popularly known as the Mineral Leasing Act), and laws supplementary thereto, or the Act of July 31, 1947 (30 U.S.C. 601 et seq.; popularly known as the Materials Act of 1947), and laws supplementary thereto, only to the extent that development is consistent with the management plan. (2) State and private lands and interests not affected.-- This subsection shall not affect any State or privately owned lands or interests in lands. SEC. 7. COOPERATIVE AGREEMENTS. The Secretary may, consistent with the management plan, enter into any cooperative agreements or shared management arrangements with any person for the purposes of management, interpretation, and research of the conservation area's resources. SEC. 8. NATIVE AMERICAN USES. (a) Native American Uses.--The Secretary shall ensure nonexclusive access to and use of the public lands in the conservation area by Native Americans for traditional cultural and religious purposes consistent with the American Indian Religious Freedom Act (42 U.S.C. 1996). (b) Temporary Closure.--To implement this section, the Secretary may from time to time temporarily close to general public use any specific areas of public lands in the conservation area in order to protect the privacy of Native American religious activities in such areas. Any such closure shall be made in such manner as will affect the smallest practicable area for the minimum period necessary for such purposes. SEC. 9. DEFINITIONS. In this Act: (1) Conservation area.--The term ``conservation area'' means the Carrizo Plain National Conservation Area designated under section 3(a). (2) California department of fish and game.--The term ``California Department of Fish and Game'' means the public entity within the State of California's Resources Agency established by the laws of the State of California to administer the fish and wildlife resources in the State on behalf of the people of California. (3) Director.--The term ``Director'' means the Director of the Bureau of Land Management. (4) Management plan.--The term ``management plan'' means the management plan developed cooperatively by the Bureau of Land Management, the California Department of Fish and Game, and The Nature Conservancy, entitled ``The Carrizo Plain Natural Area Management Plan'' and dated November 1996, as such plan may be revised by the Secretary under section 4(b). (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (6) The nature conservancy.--The term ``The Nature Conservancy'' means the nonprofit organization established under laws of the State of Virginia and doing business in that name. <all>

usgpo

2024-06-24T03:05:35.161004

BILLS-106hr1752ih

Federal Courts Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1752 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1752 To make improvements in the operation and administration of the Federal courts, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Coble (for himself and Mr. Berman) (both by request) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To make improvements in the operation and administration of the Federal courts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Federal Courts Improvement Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: TITLE I--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS Sec. 101. Parties' consent to bankruptcy judge's findings and conclusions of law. TITLE II--JUDICIAL FINANCIAL ADMINISTRATION Sec. 201. Reimbursement of judiciary for civil and criminal forfeiture expenses. Sec. 202. Transfer of retirement funds. Sec. 203. Judiciary Information Technology Fund. Sec. 204. Bankruptcy fees. Sec. 205. Disposition of miscellaneous fees. Sec. 206. Repeal of statute setting Court of Federal Claims filing fee. Sec. 207. Renumbering of Bankruptcy Court fee schedule. Sec. 208. Increase in fee for converting a Chapter 7 or Chapter 13 bankruptcy case to a Chapter 11 bankruptcy case. Sec. 209. Increase in Chapter 9 Bankruptcy filing fee. Sec. 210. Creation of certifying officers in the judicial branch. Sec. 211. Fee authority for technology resources in the courts. TITLE III--JUDICIAL PROCESS IMPROVEMENTS Sec. 301. Removal of cases under the Employee Retirement Income Security Act. Sec. 302. Elimination of in-state plaintiff diversity jurisdiction. Sec. 303. Extension of statutory authority for magistrate judge positions to be established in the district courts of Guam and the Northern Mariana Islands. Sec. 304. Bankruptcy administrator authority to appoint trustees, examiners and committee of creditors. Sec. 305. Magistrate judge contempt authority. Sec. 306. Consent to magistrate judge authority in petty offense cases and magistrate judge authority in misdemeanor cases involving juvenile defendants. Sec. 307. Savings and loan data reporting requirements. Sec. 308. Place of holding court in the eastern district of Texas. Sec. 309. Federal substance abuse treatment program reauthorization. Sec. 310. Multidistrict Litigation. Sec. 311. Membership in circuit judicial councils. Sec. 312. Sunset of Civil Justice Expense and Delay Reduction Plans. Sec. 313. Technical Bankruptcy Correction. TITLE IV--JUDICIARY PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS Sec. 401. Judicial retirement matters. Sec. 402. Disability retirement and cost-of-living adjustments of annuities for territorial judges. Sec. 403. Federal Judicial Center personnel matters. Sec. 404. Judicial administrative officials retirement matters. Sec. 405. Judges' firearms training. Sec. 406. Deletion of automatic excuse from jury duty service for members of the armed services, members of fire and police departments, and public officers. Sec. 407. Expanded Workers' Compensation coverage for jurors. Sec. 408. Property damage, theft, and loss claims of jurors. Sec. 409. Elimination of the public drawing requirements for selection of juror wheels. Sec. 410. Annual leave limit for court unit executives. Sec. 411. Payments to Military Survivor Benefit Plan. Sec. 412. Authorization of a circuit executive for the Federal circuit. Sec. 413. Amendment to the jury selection process. Sec. 414. Supplemental attendance fee for petit jurors serving on lengthy trials. TITLE V--CRIMINAL JUSTICE ACT AMENDMENTS Sec. 501. Maximum amounts of compensation for attorneys. Sec. 502. Maximum amounts of compensation for services other than counsel. Sec. 503. Tort Claims Act amendments relating to liability of Federal public defenders. TITLE I--FEDERAL COURTS STUDY COMMITTEE RECOMMENDATIONS SEC. 101. PARTIES' CONSENT TO BANKRUPTCY JUDGE'S FINDINGS AND CONCLUSIONS OF LAW. Section 157(c)(1) of title 28, United States Code, is amended to read as follows: ``(c)(1) A bankruptcy judge may hear a proceeding that is not a core proceeding but that is otherwise related to a case under title 11. In such proceeding, the bankruptcy judge shall submit proposed findings of fact and conclusions of law to the district court, and any final order or judgment shall be entered by the district judge after considering the bankruptcy judge's proposed findings and conclusions and after reviewing de novo those matters to which any party has timely and specifically objected. A party shall be deemed to consent to the findings of fact and conclusions of law submitted by a bankruptcy judge unless the party files a timely objection. If a timely objection is not filed, the proposed findings of fact and conclusions of law submitted by the bankruptcy judge shall become final and the bankruptcy judge shall enter an appropriate order thereon.''. TITLE II--JUDICIAL FINANCIAL ADMINISTRATION SEC. 201. REIMBURSEMENT OF JUDICIARY FOR CIVIL AND CRIMINAL FORFEITURE EXPENSES. (a) Section 524(c) of title 28, United States Code, is amended-- (1) by inserting after paragraph ``(11)'' the following paragraph ``(12)'': ``(12)(A) In the fiscal year subsequent to the fiscal year in which this act is enacted and each fiscal year thereafter, an amount as specified in subparagraph (9)(B) shall be transferred annually to the Judiciary into the fund established under section 1931 of this title, for expenses incurred in-- ``(i) adjudication of civil and criminal forfeiture proceedings that result in deposits into the Fund (except the expense of salaries of judges); ``(ii) representation, pursuant to the provisions of 18 U.S.C. Sec. 3006A, or 21 U.S.C. Sec. 848(q) of defendants whose assets have been seized in such forfeiture proceedings, to the extent that such expenses of representation could have been recovered through an order for payment or for reimbursement of the Defender Services appropriation pursuant to 18 U.S.C. Sec. 3006A(f); and ``(iii) supervision by United States probation officers of offenders under home detention or other forms of confinement outside of Bureau of Prison facilities. ``(B) The amount to be transferred-- ``(i) shall be a portion of the total amount to be transferred from the combined fiscal year deposits into both the Fund and the Department of Treasury Asset Forfeiture Fund established by section 9703 of title 31, United States Code (hereafter referred to as `both Funds'), which total amount shall not exceed the statement of costs incurred by the Judiciary in providing the services identified in subparagraph (A), as set forth by the Director of the Administrative Office of the United States Courts in a report to the Attorney General and the Secretary of the Treasury no later than 90 days after the end of the fiscal year in which the expenses were incurred; except that (I) provided that the total amount to be transferred from both Funds shall not exceed $50,000,000, or 10 percent of the total combined deposits into both Funds, whichever is less; (II) the proportion of the amount transferred from the Fund to the total amount to be transferred shall be equal to the proportion of the fiscal year deposits into the Fund to the combined fiscal year deposits in both Funds; (III) the total amount to be transferred from both Funds may exceed the limits set out in this subparagraph subject to the discretion of the Attorney General and the Secretary of the Treasury. ``(ii) shall be paid from revenues deposited into the Fund during the fiscal year in which the expenses were incurred and are not required to be specified in appropriations acts.''. (b) Treasury Forfeiture Fund.--Section 9703 of title 31, United States Code, is amended-- (1) by redesignating subsection ``(p)'' as subsection ``(q)''; and (2) by inserting after subsection ``(o)'' the following new subsection ``(p)'': ``(p) Transfer to the Federal Judiciary.--In the fiscal year subsequent to the fiscal year in which this Act is enacted and each fiscal year thereafter, an amount necessary to meet the transfer requirements of section 524(c)(9) of title 28, United States Code, shall be transferred to the Judiciary, and shall be subject to the same limitations, terms, and conditions specified in that section for transfers to the Judiciary from the Department of Justice Asset Forfeiture Fund.''. (c) Section 1931(a) of title 28 is amended by inserting ``or other judicial services including services provided pursuant to 18 U.S.C. Sec. 3006A, or 21 U.S.C. Sec. 848(q)'' after ``courts of the United States.''. (d) Conforming Amendment.--Section 1931(a) of title 28, United States Code, is amended by inserting ``or other judicial services, including services provided pursuant to section 3006A of title 18 or section 408(q) of the Controlled Substances Act (21 U.S.C. 848(q))'' after ``courts of the United States.''. SEC. 202. TRANSFER OF RETIREMENT FUNDS. Section 377 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: ``(p) Upon election by a bankruptcy judge or a magistrate judge under subsection (f) of this section, all of the accrued employer contributions and accrued interest on those contributions made on behalf of the bankruptcy judge or magistrate judge to the Civil Service Retirement and Disability Fund as defined under section 8348 of title 5, United States Code, shall be transferred to the fund established under section 1931 of this title except that if the bankruptcy judge or magistrate judge elects under section 2(c) of the Retirement and Survivor's Annuities for Bankruptcy Judges and Magistrates Act of 1988, Public Law 100-659, to receive a retirement annuity under both this section and title 5, United States Code, only the accrued employer contributions and accrued interest on such contributions made on behalf of the bankruptcy judge or magistrate judge for service credited under this section may be transferred.''. SEC. 203. JUDICIARY INFORMATION TECHNOLOGY FUND. Section 612 of title 28, United States Code, is amended-- (1) by striking ``equipment'' each place it appears and inserting ``resources''; (2) by striking subsection (f) and redesignating subsequent subsections accordingly; (3) in subsection (g), as so redesignated, by striking paragraph (3); and (4) in subsection (i), as so redesignated-- (A) by striking ``Judiciary'' and inserting ``judiciary''; (B) by striking ``subparagraph (c)(1)(B)'' and inserting ``subsection (c)(1)(B)''; and (C) by striking ``under (c)(1)(B)'' and inserting ``under subsection (c)(1)(B)''. SEC. 204. BANKRUPTCY FEES. Subsection (a) of section 1930 of title 28, United States Code, is amended by adding the following new subsection: ``(7) In districts that are not part of a United States trustee region as defined in section 581 of this title, the Judicial Conference of the United States may require the debtor in a case under chapter 11 of title 11 to pay fees equal to those imposed by paragraph 6 of this subsection. Such fees shall be deposited as offsetting receipts to the fund established under section 1931 of this title and shall remain available until expended.''. SEC. 205. DISPOSITION OF MISCELLANEOUS FEES. For fiscal year 2000 and thereafter, any portion of miscellaneous fees collected as prescribed by the Judicial Conference of the United States pursuant to sections 1913, 1914(b), 1926(a), 1930(b), and 1932 of title 28, United States Code exceeding the amount of such fees established on the date of enactment of this provision shall be deposited into the special fund of the Treasury established under section 1931 of title 28, United States Code. SEC. 206. REPEAL OF STATUTE SETTING COURT OF FEDERAL CLAIMS FILING FEE. Section 2520 of title 28, United States Code, and the item relating to such section in the table of contents for chapter 165 of such title, are repealed. SEC. 207. RENUMBERING OF BANKRUPTCY COURT FEE SCHEDULE. Section 406(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101-162; 103 Stat. 1016) is amended in the first sentence by striking ``for any service enumerated after item 18'' and inserting ``for any fee implemented after November 21, 1989''. SEC. 208. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR CHAPTER 13 BANKRUPTCY CASE TO A CHAPTER 11 BANKRUPTCY CASE. (a) Conversion Fee Increase.--Section 1930(a) of title 28, United States Code, is amended by striking ``$400'' at the end of subsection (6) and inserting in lieu thereof: ``an amount equal to the difference between the filing fee paid under the original chapter and the amount of the filing fee prescribed in section 1930(a)(3) of title 28, for filing a case under chapter 11''. SEC. 209. INCREASE IN CHAPTER 9 BANKRUPTCY FILING FEE. (a) Filing Fee Increase.--Section 1930(a)(2) of title 28, United States Code, is amended by striking ``$300'' and inserting in lieu thereof ``the same amount as the filing fee prescribed in section 1930(a)(3) of title 28, for filing a case under chapter 11. Any portion of the fee exceeding $300 shall be deposited into the special fund of the Treasury established under section 1931 of title 28, United States Code''. SEC. 210. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL BRANCH. (a) Appointment of Disbursing and Certifying Officers.--Chapter 41 of title 28, United States Code, is amended by adding at the end the following new section: ``Sec. 613. Disbursing and certifying officers ``(a) Disbursing Officers.--The Director may designate in writing officers and employees of the judicial branch of the Government, including the courts as defined in section 610 other than the Supreme Court, to be disbursing officers in such numbers and locations as the Director considers necessary. Such dispersing officers shall-- ``(1) disburse moneys appropriated to the judicial branch and other funds only in strict accordance with payment requests certified by the Director or in accordance with subsection (b); ``(2) examine payment requests as necessary to ascertain whether they are in proper form, certified, and approved; and ``(3) be held accountable for their actions as provided by law, except such a disbursing officer shall not be held accountable or responsible for any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificate for which a certifying officer is responsible under subsection (b). ``(b) Certifying Officers.--(1) The Director may designate in writing officers and employees of the judicial branch of the Government, including the courts as defined in section 610 other than the Supreme Court, to certify payment requests payable from appropriations and funds. These certifying officers shall be responsible and accountable for-- ``(A) the existence and correctness of the facts recited in the certificate or other request for payment or its supporting papers; ``(B) the legality of the proposed payment under the appropriation or fund involved; and ``(C) the correctness of the computations of certified payment requests. ``(2) The liability of a certifying officer shall be enforced in the same manner and to the same extent as provided by law with respect to the enforcement of the liability of disbursing and other accountable officers. A certifying officer shall be required to make restitution to the United States for the amount of any illegal, improper, or incorrect payment resulting from any false, inaccurate, or misleading certificates made by the certifying officer, as well as for any payment prohibited by law or which did not represent a legal obligation under the appropriation or fund involved. ``(c) Rights.--A certifying or disbursing officer-- ``(1) has the right to apply for and obtain a decision by the Comptroller General on any question of law involved in a payment request presented for certification; and ``(2) is entitled to relief from liability arising under this section in accordance with title 31. ``(d) Other Authority Not Affected.--Nothing in this section affects the authority of the courts with respect to moneys deposited with the courts under chapter 129 of this title.''. (b) Conforming Amendment.--The table of sections for chapter 41 of title 28, United States Code, is amended by adding at the end the following item: ``613. Disbursing and certifying officers.''. (c) Duties of Director.--Paragraph (8) of subsection (a) of section 604 of title 28, United States Code, is amended to read as follows: ``(8) Disburse appropriations and other funds for the maintenance and operation of the courts;''. SEC. 211. FEE AUTHORITY FOR TECHNOLOGY RESOURCES IN THE COURTS. (a) In General.--Chapter 41 of title 28, United States Code is amended by adding at the end the following: ``Sec. 614. Authority to prescribe fees for technology resources in the courts ``The Judicial Conference is authorized to prescribe reasonable fees pursuant to sections 1913, 1914, 1926, 1930, and 1932, for use of information technology resources provided by the judiciary to improve the efficiency of and access to the courts. Fees collected pursuant to this section are to be deposited in the Judiciary Information Technology Fund to be available to the Director without fiscal year limitation for reinvestment in information technology resources which will advance the purposes of this section.''. (b) Conforming Amendment.--The table of sections for chapter 41 of title 28, United States Code, is amended by adding at the end the following new item: ``614. Authority to prescribe fees for technology resources in the courts.''. TITLE III--JUDICIAL PROCESS IMPROVEMENTS SEC. 301. REMOVAL OF CASES UNDER THE EMPLOYEE RETIREMENT INCOME SECURITY ACT. Section 1445 of title 28, United States Code is amended by adding a new subsection: ``(e) A civil action in any State court may not be removed to any district court of the United States solely on the basis of concurrent jurisdiction over a claim under section 1132(a)(1)(B) of title 29.''. SEC. 302. ELIMINATION OF IN-STATE PLAINTIFF DIVERSITY JURISDICTION. Section 1332 of title 28, United States Code is amended by redesignating existing subsection (d) as subsection (e), and by adding a new subsection (d) as follows: ``(d) The original jurisdiction of the district courts otherwise conferred by this section may not be invoked if any plaintiff joined in the complaint is a citizen of the State in which is located the district court in which the suit is filed. For purposes of this subsection only, the District of Wyoming shall be deemed located solely within the State of Wyoming. This subsection does not apply to or limit the applicability of the right of removal under section 1441(a) of an action that would otherwise be within the original jurisdiction of the district courts.''. SEC. 303. EXTENSION OF STATUTORY AUTHORITY FOR MAGISTRATE JUDGE POSITIONS TO BE ESTABLISHED IN THE DISTRICT COURTS OF GUAM AND THE NORTHERN MARIANA ISLANDS. Section 631 of title 28, United States Code, is amended-- (1) by striking the first two sentences of subsection (a) and inserting in lieu thereof the following: ``The judges of each United States district court and the district courts of the Virgin Islands, Guam, and the Northern Mariana Islands shall appoint United States magistrate judges in such numbers and to serve at such locations within the judicial districts as the Conference may determine under this chapter. In the case of a magistrate judge appointed by the district court of the Virgin Islands, Guam, or the Northern Mariana Islands, this chapter shall apply as though the court appointing such a magistrate judge were a United States district court.''; and (2) by inserting in the first sentence of paragraph (1) of subsection (b) after ``Commonwealth of Puerto Rico,'' the language ``the Territory of Guam, the Commonwealth of the Northern Mariana Islands,''. SEC. 304. BANKRUPTCY ADMINISTRATOR AUTHORITY TO APPOINT TRUSTEES, EXAMINERS AND COMMITTEE OF CREDITORS. (a) Appointment of Trustees.--Until the amendments made by subtitle A of title II of the Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. Sec. 581 note; Public Law 99-554; 100 Stat. 3123) become effective in a judicial district and apply to a case, a bankruptcy administrator appointed to serve in the district pursuant to section 302(d)(3)(I) of the Act, as amended by section 317(a) of the Federal Courts Study Committee Implementation Act of 1990 (Public Law 101-650; 104 Stat. 5115) shall appoint the trustees, examiners, and standing trustees notwithstanding the references in those sections of title 11 of appointments by the court. (b) Standing Trustees.--A bankruptcy administrator who has appointed a standing trustee pursuant to subsection (a) of this section shall fix the standing trustee's maximum annual compensation and percentage fee, subject to the limitations set out in sections 1202 and 1302 of title 11 as amended by section 110 of the Federal Employee Pay Comparability Act of 1990, Public Law 101-509, 104 Stat. 1427, 1452. The bankruptcy administrator shall fix the maximum annual compensation and percentage fee notwithstanding the references in those sections of title 11 of the court's authority to fix them. (c) Service as Trustee.--A bankruptcy administrator may serve as and perform the duties of a trustee in a case under chapter 7 of title 11 if none of the members of the panel of private trustees is disinterested and willing to serve as trustee in the case. The bankruptcy administrator may serve as and perform the duties of a trustee of a trustee or standing trustee in cases under chapter 12 or chapter 13 of title 11 if necessary. (d) Appointment of Committees.--Until the amendments made by subtitle A of title II of the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 become effective in a judicial district and apply to a case, the bankruptcy administrator appointed to serve in the district shall appoint the committees of creditors and equity security holders provided in section 1102 of title 11. The bankruptcy administrator shall appoint the committees notwithstanding the references in those sections of title 11 to appointments by the court. SEC. 305. MAGISTRATE JUDGE CONTEMPT AUTHORITY. Section 636(e) of the Federal Magistrates Act (28 U.S.C. Sec. 636) is amended to read as follows: ``(1) Contempt authority.--A United States magistrate judge serving under this chapter shall have within the territorial jurisdiction prescribed by his or her appointment the power to exercise contempt authority as set forth in this subsection. ``(2) Summary criminal contempt authority.--A magistrate judge shall have the power to punish summarily by fine or imprisonment such contempt of his or her authority constituting misbehavior of any person in the magistrate judge's presence so as to obstruct the administration of justice. The order of contempt shall be issued pursuant to Federal Rules of Criminal Procedure. ``(3) Additional criminal contempt authority in civil consent and misdemeanor cases.--In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge shall have the power to punish by fine or imprisonment such criminal contempt constituting disobedience or resistance to the magistrate judge's lawful, writ, process, order, rule, decree, or command. Disposition of such contempt shall be conducted upon notice and hearing pursuant to the Federal Rules of Criminal Procedure. ``(4) Civil contempt authority in civil consent and misdemeanor cases.--In any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, and in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, the magistrate judge may exercise the civil contempt authority of the district court. This paragraph shall not be construed to limit the authority of a magistrate judge to order sanctions pursuant to any other statute, the Federal Rules of Civil Procedure, or the Federal Rules of Criminal Procedure. ``(5) Criminal contempt penalties.--The sentence imposed by a magistrate judge for any criminal contempt set forth in paragraphs (2) and (3) of this subsection shall not exceed the penalties for a Class C misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6) of title 18. ``(6) Certification of other contempts to the district court.--Upon the commission of any act-- ``(A) in any case in which a United States magistrate judge presides with the consent of the parties under subsection (c) of this section, or in any misdemeanor case proceeding before a magistrate judge under section 3401 of title 18, that may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in subsection (5) of this section, or ``(B) in any other case or proceeding under subsection (a) or (b) of this section, or any other statute, where-- ``(i) the act committed in the magistrate judge's presence may, in the opinion of the magistrate judge, constitute a serious criminal contempt punishable by penalties exceeding those set forth in subsection (5) of this subsection; or ``(ii) the act that constitutes a criminal contempt occurs outside the presence of the magistrate judge, or ``(iii) the act constitutes a civil contempt, the magistrate judge shall forthwith certify the facts of a district judge and may serve or cause to be served upon any person whose behavior is brought into question under this paragraph an order requiring such person to appear before a district judge upon a day certain to show cause why he or she should not be adjudged in contempt by reason of the facts so certified. The district judge shall thereupon hear the evidence as to the act of conduct complained of and, if it is such as to warrant punishment, punish such person in the same manner and to the same extent as for a contempt committed before a district judge. ``(7) Appeals of magistrate judge contempt orders.--The appeal of an order of contempt issued pursuant to this section shall be made to the court of appeals in cases proceeding under subsection (c) of this section. The appeal of any other order to contempt issued pursuant to this section shall be made to the district court.''. SEC. 306. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN PETTY OFFENSE CASES AND MAGISTRATE JUDGE AUTHORITY IN MISDEMEANOR CASES INVOLVING JUVENILE DEFENDANTS. (a) Amendments to Title 18.-- (1) Petty offense cases.--Section 3401(b) of title 28, United States Code, is amended by striking ``that is a class B misdemeanor charging a motor vehicle offense, a class C misdemeanor, or an infraction,'' after ``petty offense''. (2) Cases involving juveniles.--Section 3401(g) of title 18, United States Code, is amended: (A) by striking the first sentence and inserting in lieu thereof the following: ``The magistrate judge may, in a petty offense case involving a juvenile, exercise all powers granted to the district court under chapter 403 of this title.''; (B) by striking in the second sentence the phrase ``any other class B or C misdemeanor case'' and inserting ``the case of any misdemeanor, other than a petty offense,''; and (C) by striking the last sentence. (b) Amendments to Title 28.--Section 636(a) of title 28, United States Code, is amended by striking paragraphs (4) and (5) and inserting the following: ``(4) the power to enter a sentence for a petty offense; and ``(5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.''. SEC. 307. SAVINGS AND LOAN DATA REPORTING REQUIREMENTS. Section 604 of title 28, United States Code, is amended in subsection (a) by striking the second paragraph designated (24). SEC. 308. PLACE OF HOLDING COURT IN THE EASTERN DISTRICT OF TEXAS. (a) Texas.--The second sentence of section 124(c)(3) of title 28, United States Code, is amended by inserting ``and Plano'' after ``held at Sherman''. (b) Texarkana.--Sections 83(b)(1) and 124(c)(6) of title 28, United States Code, are amended by adding to the end of the last sentence: ``, and may be held anywhere within the Federal courthouse in Texarkana that is located astride the State line between Texas and Arkansas''. SEC. 309. FEDERAL SUBSTANCE ABUSE TREATMENT PROGRAM REAUTHORIZATION. Section 4(a) of the Contract Services for Drug Dependent Federal Offenders Treatment Act of 1978 (Public Law 95-537; 93 Stat. 2038), as amended, is amended by striking all that follows ``there are authorized to be appropriated'' and inserting in lieu thereof ``for fiscal year 2000 and each fiscal year thereafter such sums as may be necessary to carry out this Act.''. SEC. 310. MULTIDISTRICT LITIGATION. (a) Section 1407 of title 28, United States Code, is amended-- (1) in subsection (a) after ``terminated'' by inserting ``or ordered transferred by the transferee judge to the transferee or other district under subsection (i) of this section''; and (2) by adding at the end the following new subsection: ``(i) Any action transferred under this section by the panel may be transferred by the transferee judge for trial purposes to the transferee or other district in the interest of justice and for the convenience of the parties and witnesses.''. (b) The amendments made by this section shall apply to any civil action pending on or after the date of enactment of this Act. SEC. 311. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS. Section 332 of title 28, United States Code, is amended in subsection (a)-- (1) by striking out paragraph (3) and inserting in lieu thereof the following: ``(3) Except for the chief judge of the circuit, either judges in regular active service or judges retired from regular active service under section 371(b) of this title may serve as members of the council.''; and (2) by striking out ``retirement,'' in paragraph (5) and inserting in lieu thereof ``retirement pursuant to section 371(a) or section 372(a) of this title,''. SEC. 312. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION PLANS. Section 103(b)(2)(A) of the Civil Justice Reform Act of 1990 (Public Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 note), as amended by Public Law 105-53 (111 Stat. 1173), is amended by inserting ``471,'' after ``sections''. SEC. 313. TECHNICAL BANKRUPTCY CORRECTION. Section 1228 of title 11, United States Code, is amended by striking ``1222(b)(10)'' each place it appears and inserting ``1222(b)(9).''. TITLE IV--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS SEC. 401. JUDICIAL RETIREMENT MATTERS. (a) Section 371 of title 28, United States Code, is amended-- (1) in subsection (a) by inserting ``(1)'' after ``subsection (c)''; (2) in subsection (b)(1) by inserting ``(2)'' after ``subsection (c)''; and (3) in subsection (c)-- (A) by inserting ``(1)'' after ``(c)''; (B) by striking out ``this section'' and inserting in lieu thereof ``subsection (a)''; and (C) by adding at the end of that subsection the following new paragraph: ``(2) The age and service requirements for retirement under subsection (b)(1) are as follows: ``Attained age: Years of service: 60..................................................... 20 61..................................................... 19 62..................................................... 18 63..................................................... 17 64..................................................... 16 65..................................................... 15 66..................................................... 14 67..................................................... 13 68..................................................... 12 69..................................................... 11 70..................................................... 10''. SEC. 402. DISABILITY RETIREMENT AND COST-OF-LIVING ADJUSTMENTS OF ANNUITIES FOR TERRITORIAL JUDGES. Section 373 of title 28, is amended-- (1) by amending subsection (c)(4) to read as follows-- ``(4) Any senior judge performing judicial duties pursuant to recall under paragraph (2) of this subsection shall be paid, while performing such duties, the same compensation (in lieu of the annuity payable under this section) and the same allowances for travel and other expenses as a judge on active duty with the court being served.''; (2) by amending subsection (e) to read-- ``(e)(1) any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who is not reappointed (as judge of such court) shall be entitled, upon attaining the age of sixty-five years or upon relinquishing office if the judge is then beyond the age of sixty-five years-- ``(A) if the judicial service of such judge, continuous or otherwise, aggregates fifteen years or more, to receive during the remainder of such judge's life an annuity equal to the salary received when the judge left office, or ``(B) if such judicial service, continuous or otherwise, aggregated less then fifteen years, to receive during the remainder of such judge's life an annuity equal to that proportion of such salary which the aggregate number of such judge's years of service bears to fifteen. ``(2) Any judge of the District Court of Guam, the District Court of the Northern Mariana Islands, or the District Court of the Virgin Islands who has served at least five years, continuously or otherwise, and who retires or is removed upon the sole ground of mental or physical disability, shall be entitled to receive during the remainder of such judge's life an annuity equal to 40 percent of the salary received when the judge left office or, in the case of a judge who has served at least ten years, continuously or otherwise, an annuity equal to that proportion of such salary which the aggregate number of such judge's years of judicial service bears to fifteen.''; and (3) amending subsection (g) to read-- ``(g) Any retired judge who is entitled to receive an annuity under this section shall be entitled to a cost-of-living adjustment in the amount computed as specified in section 8340(b) of title 5, except that in no case may the annuity payable to such retired judge, as increased under this subsection, exceed the salary of a judge in regular active service with the court on which the retired judge served before retiring.''. SEC. 403. FEDERAL JUDICIAL CENTER PERSONNEL MATTERS. Section 625 of title 28, United States Code, is amended-- (1) in subsection (b)-- (A) by striking ``, United States Code,''; (B) by striking ``pay rates, section 5316, title 5, United States Code'' and inserting ``under section 5316 of title 5, except that the Director may fix the compensation of 4 positions of the Center at a level not to exceed the annual rate of pay in effect for level IV of the Executive Schedule under section 5315 of title 5''; and (C) by striking ``the Civil Service'' and all that follows through ``Code'' and inserting ``subchapter III of chapter 83 of title 5 shall be adjusted pursuant to the provisions of section 8344 of such title, and the salary of a reemployed annuitant under chapter 84 of title 5 shall be adjusted pursuant to the provisions of section 8468 of such title''; and (2) in subsections (c) and (d) by striking ``, United States Code,'' each place it appears. SEC. 404. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT MATTERS. (a) Creditable Service for Certain Judicial Administrative Officials.-- (1) Sections 611(d) and 627(e) of title 28, United States Code, are each amended-- (A) by inserting ``a congressional employee in the capacity of primary administrative assistant to a Member of Congress or in the capacity of staff director or chief counsel for the majority or the minority of a committee or subcommittee of the Senate or House of Representatives,'' after ``Congress.''; (B) in paragraph (b), by striking out ``who has served at least fifteen years and'' and inserting in lieu thereof ``who has at least fifteen years of service and has''; and (C) in the first undesignated paragraph, by striking out ``who has served at least ten years,'' and inserting in lieu thereof ``who has at least ten years of service,''. (2) Sections 611(c) and 627(d) of such title are each amended-- (A) by striking out ``served at least fifteen years,'' and inserting in lieu thereof ``at least fifteen years of service,''; and (B) by striking out ``served less than fifteen years,'' and inserting in lieu thereof ``less than fifteen years of service,''. SEC. 405. JUDGES' FIREARMS TRAINING. (a) In General.--Chapter 21 of title 28, United States Code, is amended by adding at the end thereof the following new section: ``Sec. 464. Carrying of firearms by judicial officers ``(a) A judicial officer of the United States is authorized to carry a firearm, whether concealed or not, under regulations promulgated by the Judicial Conference of the United States. The authority granted by this section shall extend only to (1) those states in which the carrying of firearms by judicial officers of the state is permitted by state law, or (2) regardless of state law, to any place where the judicial officer of the United States sits, resides, or is present on official travel status. ``(b) Implementation.-- ``(1) The regulations promulgated by the Judicial Conference under subsection (a) shall-- ``(A) require a demonstration of a judicial officer's proficiency in the use and safety of firearms as a prerequisite to carrying of firearms under the authority of this section; and ``(B) ensure that the carrying of a firearm by a judicial officer under the protection of the United States Marshals Service while away from United States courthouses is consistent with Marshals Service policy on carrying of firearms by persons receiving such protection. ``(2) Assistance by other agencies.--At the request of the Judicial Conference, the Department of Justice and appropriate law enforcement components of the Department shall assist the Judicial Conference in developing and providing training to assist judicial officers in securing the proficiency referred to in subsection (b)(1). ``(c) Definition.--For purposes of this section, the term ``judicial officer of the United States'' means-- ``(1) a justice or judge of the United States as defined in section 451 of this title in regular active service or retired from regular active service; ``(2) a justice or judge of the United States who has retired from the judicial office under section 371(a) of this title for-- ``(A) a 1-year period following such justice's or judge's retirement; or ``(B) a longer period of time if approved by the Judicial Conference of the United States when exceptional circumstances warrant; ``(3) a United States bankruptcy judge; ``(4) a full-time or part-time United States magistrate judge; ``(5) a judge of the United States Court of Federal Claims; ``(6) a judge of the United States District Court of Guam; ``(7) a judge of the United States District Court for the Northern Mariana Islands; ``(8) a judge of the United States District Court of the Virgin Islands; or ``(9) an individual who is retired from one of the judicial positions described under paragraphs (3) through (8) to the extent provided for in regulations of the Judicial Conference of the United States. ``(d) Exception.--Notwithstanding section 46303(c)(1) of title 49, nothing in this section authorizes a judicial officer of the United States to carry a dangerous weapon on an aircraft or other common carrier.''. (b) Technical and Conforming Amendment.--The table of sections for chapter 21 of title 28, United States Code, is amended by adding at the end thereof the following: ``464. Carrying of firearms by judicial officers.''. (c) Effective Date.--The amendments made by this section shall take effect upon the earlier of the promulgation of regulations by the Judicial Conference under this section or one year after the date of the enactment of this Act. SEC. 406. DELETION OF AUTOMATIC EXCUSE FROM JURY SERVICE FOR MEMBERS OF THE ARMED SERVICES, MEMBERS OF FIRE AND POLICE DEPARTMENTS, AND PUBLIC OFFICERS. (a) Section 1863 of title 28, United States Code, is amended by repealing subsection (b)(6) and redesignating subsequent subsections accordingly. (b) Conforming Amendment.--Section 1869 of title 28 United States Code, is amended by repealing subsection (i) and redesignating subsequent subsections accordingly. (c) Section 982 of title 10 United States Code, is amended-- (1) by inserting the term ``Federal,'' in the title immediately following the term ``service on''; and (2) by inserting the term ``Federal'' in subsection (a) immediately following the term ``required to serve on a''. SEC. 407. EXPANDED WORKERS' COMPENSATION COVERAGE FOR JURORS. Paragraph (2) of section 1877(b) of title 28, United States Code, is amended-- (1) by striking ``or'' at the end of clause (C); and (2) by inserting before the period at the end of clause (D) ``, or (E) traveling to or from the courthouse pursuant to a jury summons or sequestration order, or as otherwise necessitated by order of the court''. SEC. 408. PROPERTY DAMAGE, THEFT, AND LOSS OF JURORS. Section 604 of title 28, United States Code, is amended by adding at the end thereof the following new subsection: ``(i) The Director may pay a claim by a person summoned to serve or serving as a grand juror or petit juror for loss of, or damage to, personal property that occurs incident to that person's performance of duties in response to the summons or at the direction of an officer of the court. With respect to claims, the Director shall have the authority granted to the head of an agency by section 3721 of title 31, for consideration of employee's personal property claims. The Director shall prescribe guidelines for the consideration of claims under this subsection.''. SEC. 409. ELIMINATION OF THE PUBLIC DRAWING REQUIREMENTS FOR SELECTION OF JUROR WHEELS. (a) Section 1864(a) of title 28, United States Code, is amended-- (1) by striking the term ``publicly'' from the first sentence; and (2) by inserting the sentence ``The clerk or jury commission shall post a general notice for public review in the clerk's office explaining the process by which names are periodically and randomly drawn.'' immediately following first sentence. (b) Section 1866(a) of title 28, United States Code, is amended-- (1) by striking the term ``publicly'' from the second sentence; and (2) by inserting the sentence ``The clerk or jury commission shall post a general notice for public review in the clerk's office explaining the process by which names are periodically and randomly drawn.'' immediately following the second sentence. (c) Conforming Amendment.--Section 1869(k) of title 28, United States Code, is repealed. SEC. 410. ANNUAL LEAVE LIMIT FOR COURT UNIT EXECUTIVES. Section 6304(f)(1) of title 5 is amended to add at the end thereof: ``(F) the Judicial Branch designated as a court unit executive position by the Judicial Conference of the United States.''. SEC. 411. PAYMENTS TO MILITARY SURVIVOR BENEFIT PLAN. Section 371(e) of title 28, United States Code, is amended by inserting after ``such retired or retainer pay'' the following: ``, except such pay as is deductible from the retired or retainer pay as a result of participation in any survivor's benefits plan in connection with the retired pay,''. SEC. 412. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE FEDERAL CIRCUIT. Section 332 of title 28, United States Code, is amended by inserting the following new subsection after subsection (g): ``(h)(1) The United States Court of Appeals for the Federal Circuit may appoint a circuit executive, who shall serve at the pleasure of the court. In appointing a circuit executive, the court shall take into account experience in administrative and executive positions, familiarity with court procedures, and special training. The circuit executive shall exercise such administrative powers and perform such duties as may be delegated by the court. The duties delegated to the circuit executive may include but need not be limited to the duties specified in subsection (e) of this section, insofar as they are applicable to the Court of Appeals for the Federal Circuit. ``(2) The circuit executive shall be paid the salary for circuit executives established under subsection (f) of this section. ``(3) The circuit executive may appoint, with the approval of the court, necessary employees in such number as may be approved by the Director of the Administrative Office of the United States Courts. ``(4) The circuit executive and staff shall be deemed to be officers and employees of the United States within the meaning of the statutes specified in subsection (f). ``(5) The court may appoint either a circuit executive or a clerk under section 711 of title 28, but not both, or may appoint a combined circuit executive/clerk who shall be paid the salary of a circuit executive.''. SEC. 413. AMENDMENT TO THE JURY SELECTION PROCESS. (a) Section 1865 of title 28, United States Code, is amended-- (1) in subsection (a) by inserting the phrase ``or the clerk under supervision of the court if the court's jury selection plan so authorizes,'' following the term ``jury commission''; and (2) in subsection (b) by inserting the phrase ``or the clerk if the court's jury selection plan so provides,'' following the term ``may provide''. SEC. 414. SUPPLEMENTAL ATTENDANCE FEE FOR PETIT JURORS SERVING ON LENGTHY TRIALS. Section 1871(b)(2) of title 28, United States Code, is amended by striking out ``thirty'' in each place it occurs, and inserting in lieu thereof ``five''. TITLE V--CRIMINAL JUSTICE ACT AMENDMENTS SEC. 501. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS. Paragraph (2) of subsection (d) of section 3006A of title 18, United States Code, is amended-- (1) in the first sentence-- (A) by striking out ``3,500'' and inserting ``5,400''; (B) by striking out ``1,000'' and inserting ``1,600''; (2) in the second sentence by striking out ``2,500'' and inserting ``3,900''; (3) in the third sentence-- (A) by striking out ``750'' and inserting ``1,200''; (B) by striking out ``2,500'' and inserting ``3,900''; (4) by inserting after the second sentence, a new sentence: ``For representation of a petitioner in a non-capital habeas corpus proceeding, the compensation for each attorney shall not exceed the amount applicable to a felony in this paragraph for representation of a defendant before a United States magistrate or the district court, or both. For representation of such petitioner in an appellate court, the compensation for each attorney shall not exceed the amount applicable for representation of a defendant in an appellate court.''; and (5) in the final sentence by striking out ``750'' and inserting ``1,200''. SEC. 502. MAXIMUM AMOUNTS OF COMPENSATION FOR SERVICES OTHER THAN COUNSEL. (a) Paragraph (2) of subsection (e) of section 3006A of title 18, United States Code, is amended-- (1) in subparagraph (A) by striking out ``300'' and inserting ``500''; and (2) in subparagraph (B) by striking out ``300'' and inserting ``500''. (b) Paragraph (3) of subsection (e) in the first sentence is amended by striking out ``1,000'' and inserting ``1,600''. SEC. 503. TORT CLAIMS ACT AMENDMENTS RELATING TO LIABILITY OF FEDERAL PUBLIC DEFENDERS. Section 2671 of title 28, United States Code, is amended in the second undersigned paragraph-- (1) by inserting ``(1)'' after ``includes''; and (2) by striking the period at the end and inserting the following: ``, and (2) any officer or employee of a Federal Public Defender Organization, except when such officer or employee performs professional services in the course of providing representation under section 3006A of title 18.''. <all>

usgpo

2024-06-24T03:05:35.265953

BILLS-106hr1750ih

Community Revitalization and Brownfield Cleanup Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1750 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1750 To assist local governments in assessing and remediating brownfield sites, to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to encourage State voluntary response programs for remediating such sites, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Towns (for himself, Mr. Borski, Mr. Gephardt, Mr. Dingell, Mr. Oberstar, Ms. DeGette, Mr. Reyes, Mr. Rangel, Mr. LaFalce, Mr. Brown of California, Mr. Clyburn, Ms. Roybal-Allard, Mr. Klink, Mr. Menendez, Mr. Brown of Ohio, Mr. Rahall, Mr. Pallone, Mr. Blumenauer, Mr. Green of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. Strickland, Ms. Millender-McDonald, Ms. Eshoo, Mr. Mascara, Mr. Waxman, Mr. Clement, Mr. Markey, Mrs. Tauscher, Mr. Rush, Mr. DeFazio, Mr. Hall of Texas, Ms. Brown of Florida, Ms. McCarthy of Missouri, Mr. Lipinski, Mr. Gordon, Mr. Pascrell, Mr. Deutsch, Mr. Cummings, Mr. Wynn, Mr. Shows, Mr. Engel, Mr. Holden, Mr. Boucher, Mr. Costello, Mr. Stupak, Mr. Nadler, Mr. Barrett of Wisconsin, Mr. Barcia, Mr. Luther, Mr. Filner, Mrs. Capps, Mr. Sandlin, Mr. Sawyer, Mr. McGovern, Mr. Lampson, Mr. Baldacci, Mr. Baird, Mr. Wise, Ms. Norton, Mr. Crowley, Mr. Clay, Mr. Hinchey, Mr. Owens, Mr. Doyle, Ms. Jackson-Lee of Texas, Mr. McDermott, Mr. Kildee, Ms. Rivers, Ms. DeLauro, Mr. Hilliard, Mr. Jefferson, Mr. Serrano, Mr. Thompson of Mississippi, Mrs. Jones of Ohio, Ms. Kilpatrick, Mr. Olver, Mr. Kanjorski, Ms. Carson, Mr. Ackerman, Mrs. Maloney of New York, Mr. Meeks of New York, Mr. Coyne, Mr. Fattah, Mr. Matsui, Mr. Lewis of Georgia, Mrs. Meek of Florida, Mr. Vento, Mrs. Lowey, Mr. Andrews, Ms. Pelosi, Mr. Cardin, Mrs. Christensen, Mr. Brady of Pennsylvania, Mr. Hoeffel, Mr. Jackson of Illinois, Mr. Davis of Illinois, Mr. Martinez, Ms. Stabenow, Mr. Maloney of Connecticut, Mr. Stark, Mr. Gutierrez, Mr. George Miller of California, Ms. Kaptur, Mr. Meehan, Ms. Velazquez, Ms. McKinney, Mr. Sisisky, Mr. Kennedy of Rhode Island, Ms. Lee, Mr. Capuano, Mr. Evans, Ms. Berkley, Mr. Larson, Ms. Sanchez, Mr. Gonzalez, Mrs. Thurman, Mr. Frost, Mr. Abercrombie, Mr. Rothman, Mr. Udall of Colorado, Mr. Levin, Ms. Danner, Mr. Pastor, Mrs. Napolitano, Mr. Romero-Barcelo, Mr. Farr of California, Mr. Moran of Virginia, Mr. Boswell, Mr. Ortiz, Mr. Moore, Mr. Visclosky, Mr. Payne, Mr. Becerra, Mr. Ford, Mr. Berry, Mr. Bonior, Mr. Bishop, Mr. Holt, Mr. Weygand, Mrs. Clayton, Mr. Hastings of Florida, and Mr. Hoyer) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To assist local governments in assessing and remediating brownfield sites, to amend the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 to encourage State voluntary response programs for remediating such sites, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Community Revitalization and Brownfield Cleanup Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title and table of contents. Sec. 2. Findings. TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP Sec. 101. Definitions. Sec. 102. Inventory and site assessment. Sec. 103. Grants for revolving loan programs. Sec. 104. Limitations on use of funds. Sec. 105. Reports. Sec. 106. Effect on other laws. Sec. 107. Regulations. Sec. 108. Authorizations of appropriations. TITLE II--INNOCENT LANDOWNER, PROSPECTIVE PURCHASER, AND CONTIGUOUS PROPERTY OWNER LIABILITY Sec. 201. Innocent landowners. Sec. 202. Limitations on liability for response costs for prospective purchasers. Sec. 203. Contiguous or nearby properties. TITLE III--SELLER LIABILITY RELIEF AND STATE VOLUNTARY RESPONSE PROGRAMS Sec. 301. State voluntary response programs. SEC. 2. FINDINGS. Congress finds the following: (1) Brownfields are parcels of land that contain or contained abandoned or under-used commercial or industrial facilities, the expansion or redevelopment of which is complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. (2) Brownfields, which may number in the hundreds of thousands nationwide, threaten the environment, devalue surrounding property, erode local tax bases, and prevent job growth. (3) Despite potentially great productive value, prospective developers may avoid brownfields because of the uncertainty of cleanup and development costs, which leads to construction on undeveloped so-called greenfield sites, creating infrastructure problems and reducing the amount of open spaces. (4) Cleanup and redevelopment of brownfields would reduce environmental contamination, encourage job growth, and curb the development of greenfields. (5) State voluntary programs to address environmental contamination, and addressing liability concerns to encourage developers and current owners to invest in brownfield sites, can be very effective in promoting the cleanup and redevelopment of brownfields. TITLE I--BROWNFIELD REMEDIATION AND ENVIRONMENTAL CLEANUP SEC. 101. DEFINITIONS. In this title: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Brownfield site.--The term ``brownfield site'' means a parcel of land that contains or contained abandoned or under- used commercial or industrial facilities, the expansion or redevelopment of which may be complicated by the presence or potential presence of hazardous substances, pollutants, or contaminants. (3) Environment.--The term ``environment'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (4) Facility.--The term ``facility'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (5) Grant.--The term ``grant'' includes a cooperative agreement. (6) Hazardous substance.--The term ``hazardous substance'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (7) Indian tribe.--The term ``Indian tribe'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (8) Local government.--The term ``local government'' means any city, county, town, township, parish, village, regional council, or other general purpose political subdivision of a State; any Indian tribe; Guam, the Northern Mariana Islands, the Virgin Islands, American Samoa, the District of Columbia, and the Trust Territory of the Pacific Islands, or any general purpose political subdivision thereof; any redevelopment agency that is chartered or otherwise sanctioned by a State or other unit of local government; or any combination of local governments. (9) Person.--The term ``person'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (10) Pollutant or contaminant.--The term ``pollutant or contaminant'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (11) Release.--The term ``release'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (12) Response action.--The term ``response action'' has the meaning given the term ``response'' in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (13) Site assessment.-- (A) In general.--The term ``site assessment'' means an investigation that determines the nature and extent of a release or potential release of a hazardous substance or pollutant or contaminant at a brownfield site and meets the requirements of subparagraph (B). (B) Investigation.--For the purposes of this paragraph, an investigation that meets the requirements of this subparagraph-- (i) shall include-- (I) an onsite evaluation; and (II) if necessary, sufficient testing, sampling, and other field- data-gathering activities to accurately determine whether the brownfield site is contaminated and whether threats to human health and the environment are posed by the release of hazardous substances, pollutants, or contaminants at the brownfield site; and (ii) may include-- (I) review of such information regarding the brownfield site and previous uses as is available at the time of the review; (II) an offsite evaluation, if appropriate; and (III) a marketing analysis. (14) State.--The term ``State'' has the meaning given the term in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). SEC. 102. INVENTORY AND SITE ASSESSMENT. (a) In General.--The Administrator shall establish a program to award grants to local governments to inventory brownfield sites, which may include associated rivers, streams, or lakes or mine-scarred land, and to conduct site assessments of such brownfield sites. (b) Scope of Program.-- (1) Grant awards.--To carry out subsection (a), the Administrator may, on approval of an application, provide financial assistance to a local government. (2) Grant application procedure.--The Administrator shall establish a grant application procedure for this section. The Administrator may include in such procedure requirements of the National Contingency Plan, to the extent that those requirements are relevant and appropriate to the program under this section. (3) Approval of application.-- (A) In general.--In making a decision whether to approve an application under this subsection, the Administrator shall-- (i) consider the need of the local government for financial assistance to carry out inventories and site assessments under this section; (ii) consider the ability of the applicant to carry out inventories and site assessments under this section; (iii) consider the ability of the applicant to manage a grant; and (iv) consider such other factors as the Administrator considers relevant to carry out this section. (B) Grant conditions.--As a condition of awarding a grant under this section, the Administrator-- (i) shall require the recipient of the grant to notify the State in which the recipient is located of the receipt of the grant; and (ii) may, on the basis of the criteria considered under subparagraph (A), attach such other conditions to the grant as the Administrator determines appropriate. (4) Grant amount.--The amount of a grant awarded to any local government under this section for inventory and site assessment of one or more brownfield sites shall not exceed $500,000. (5) Termination of grants.--If the Administrator determines that a local government that receives a grant under this section is in violation of a condition of a grant, the Administrator may terminate the grant made to the local government and require full or partial repayment of the grant. (6) Authority to award grants to states.--The Administrator may award a grant to a State under the program established under this section if the Administrator determines that a grant to the State is necessary in order to facilitate the receipt of funds by one or more local governments that otherwise do not have the capabilities, such as personnel and other resources, to manage grants under the program. (c) Training and Technical Assistance.--The Administrator may provide training and technical assistance to individuals and organizations, as appropriate, to inventory brownfield sites and conduct site assessments or cleanup of brownfield sites. SEC. 103. GRANTS FOR REVOLVING LOAN PROGRAMS. (a) In General.-- (1) Establishment.--The Administrator shall establish a program to award grants to be used by local governments to capitalize revolving loan funds for the cleanup of brownfield sites. (2) Loans.--The loans may be provided by the local government to finance cleanups of eligible brownfield sites by the local government, or by an owner or developer of an eligible brownfield site (including a local government). (b) Scope of Program.-- (1) In general.-- (A) Grants.--In carrying out subsection (a), the Administrator may award a grant to a local government that submits an application that is approved by the Administrator. (B) Use of grant.--The grant shall be used by the local government to capitalize a revolving loan fund to be used for cleanup of one or more brownfield sites, which may include associated rivers, streams, or lakes or mine-scarred land. (C) Grant application procedure.--The Administrator shall establish a grant application procedure for this section. The Administrator may include in such procedure requirements of the National Contingency Plan, to the extent that those requirements are relevant and appropriate to the program under this section. (2) Grant approval.--In determining whether to award a grant under this section, the Administrator shall consider-- (A) the need of the local government for financial assistance to clean up brownfield sites, taking into consideration the financial resources available to the local government; (B) the ability of the local government to ensure that the applicants repay the loans in a timely manner; (C) the extent to which the cleanup of brownfield sites would reduce health and environmental risks caused by the release of hazardous substances, pollutants, or contaminants at, or from, brownfield sites; (D) the demonstrable potential of brownfield sites for stimulating economic development or creation of recreational areas on completion of cleanup; (E) the demonstrated ability of the local government to administer such a loan program; (F) the demonstrated experience of the local government regarding brownfield sites and the reuse of contaminated land, including whether the local government has received any grant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to assess brownfield sites, except that applicants who have not previously received such a grant may be considered for awards under this section; (G) the experience of administering any loan programs by the entity, including the loan repayment rates; and (H) such other factors as the Administrator considers relevant to carry out this section. (3) Grant amount.--The amount of a grant made to an applicant under this section shall not exceed $500,000. The Administrator may make an award under this section in an amount up to $1,000,000 if the Administrator determines that such action would achieve particularly significant environmental and economic benefits. (c) Grant Agreements.--Each grant under this section for a revolving loan fund shall be made pursuant to a grant agreement. At a minimum, the grant agreement shall include provisions that ensure the following: (1) Compliance with law.--The local government will include in all loan agreements a requirement that the loan recipient shall comply with all laws applicable to the cleanup, and shall ensure that the cleanup protects human health and the environment. (2) Repayment.--The local government will require repayment of the loan consistent with this section. (3) Use of funds.--The local government will use the funds, including repayment of principal, interest, and fees, solely for purposes of establishing and capitalizing a loan program in accordance with this title and of cleaning up brownfield sites. (4) Repayment of funds.--The local government will require in each loan agreement, and take necessary steps to ensure, that the loan recipient will use the loan funds solely for cleaning up brownfield sites, and will require the return of any excess funds immediately on a determination by the appropriate local official that the cleanup has been completed. (5) Nontransferability.--A local government receiving a grant under this section may not transfer funds received under the grant to any other local government unless the Administrator agrees to the transfer in writing. (6) Notice to state.--The local government will notify the State in which the local government is located of the receipt of the grant and of the identity of recipients of loans made under the revolving loan fund. (d) Audits.-- (1) In general.--The Inspector General of the Environmental Protection Agency shall audit a portion of the grants awarded under this section to ensure that all funds provided under those grants are used for the purposes set forth in this section. (2) Future grants.--The result of the audit shall be taken into account in awarding any future grants to the local government. (e) Termination of Grants.--If the Administrator determines that a local government that receives a grant under this section is in violation of a condition of a grant, the Administrator may terminate the grant made to the local government and require full or partial repayment of the grant. (f) Authority To Award Grants to States.--The Administrator may award a grant to a State under the program established under this section at the request of a local government in the State if the Administrator determines that a grant to the State is necessary in order to facilitate the receipt of funds by one or more local governments that otherwise do not have the capabilities, such as personnel and other resources, to manage grants under the program. SEC. 104. LIMITATIONS ON USE OF FUNDS. (a) Excluded Facilities.-- (1) Facilities.--A grant for site inventory and assessment under section 102 or to capitalize a revolving loan fund under section 103 may not be used for any activity involving-- (A) a facility or portion of a facility that is the subject of an order or other action under section 106(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9606(a)), or a response action under section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604); (B) a facility included, or proposed for inclusion, on the National Priorities List maintained by the President under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (C) an NPL-caliber facility, as defined in paragraph (2); (D) a facility that is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u) or 6928(h)) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; (E) any land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted and closure requirements have been specified in a closure plan or permit; (F) a facility at which there has been a release of a polychlorinated biphenyl and that is subject to the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); (G) a facility with respect to which an administrative or judicial order or decree requiring cleanup has been issued or entered into by the President under-- (i) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (iv) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or (v) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (H) the portion of a facility at which assistance for response activities may be obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue Code of 1986; or (I) a facility owned or operated by a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe. (2) Definition.--For purposes of paragraph (1), the term ``NPL-caliber facility'' means a facility for which the President, in consultation with the State concerned, has prepared or is preparing a hazardous ranking system scoring package or that satisfies such other definition as the Administrator may promulgate by regulation. The term does not include a facility for which the President-- (A) has obtained a score under the hazardous ranking system; and (B) based on that score, has made a determination not to list on the National Priorities List. (3) Exception.--Notwithstanding paragraph (1), the President may, on a facility-by-facility basis, allow a grant under section 102 to be used for an activity involving any facility listed in subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph (1) if the President finds that such use would promote economic development while still protecting human health and the environment. In the case of a facility listed in subparagraph (I), the President may use the authority in the preceding sentence only if the facility is not a facility described in subparagraph (A), (B), (C), or (G)(i). (b) Fines and Cost-Sharing.--A grant made under this title may not be used to pay any fine or penalty owed to a State or the Federal Government, or to meet any Federal cost-sharing requirement. (c) Responsibility for Cleanup Action.--Funds made available under this title may not be used to relieve a local government of the commitment or responsibilities of the local government under State law to assist or carry out cleanup actions at brownfield sites. SEC. 105. REPORTS. (a) In General.--Not later than one year after the date of enactment of this Act, and not later than January 31 of each of the 3 calendar years thereafter, the Administrator shall prepare and submit a report describing the results of each program established under this title to-- (1) the Committees on Commerce and on Transportation and Infrastructure of the House of Representatives; and (2) the Committee on Environment and Public Works of the Senate. (b) Contents of Report.--Each report shall, with respect to each of the programs established under this title, include a description of-- (1) the number of applications received by the Administrator during the preceding calendar year; (2) the number of applications approved by the Administrator during the preceding calendar year; and (3) the allocation of assistance under sections 102 and 103 among the local governments. SEC. 106. EFFECT ON OTHER LAWS. Nothing in this title changes, modifies, or otherwise affects the liability of any person or the obligations imposed or authorities provided under any other law or regulation, including-- (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and (5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.). SEC. 107. REGULATIONS. (a) In General.--The Administrator may issue such regulations as are necessary to carry out this title. (b) Procedures and Standards.--The regulations shall include such procedures and standards as the Administrator considers necessary, including procedures and standards for evaluating an application for a grant submitted under this title or for a loan under a revolving loan program for which a grant is provided under section 103. SEC. 108. AUTHORIZATIONS OF APPROPRIATIONS. (a) Site Assessment Program.--To carry out section 102, there is authorized to be appropriated to the Administrator $35,000,000 for each of fiscal years 2000 through 2004. (b) Grants for Revolving Loan Programs.--To carry out section 103, there is authorized to be appropriated to the Administrator $65,000,000 for each of fiscal years 2000 through 2004. (c) State Voluntary Response Programs.--For each of the first 5 fiscal years commencing after the date of enactment of this Act, $15,000,000 is authorized to be appropriated to the Administrator for assistance to States to develop or enhance State voluntary response programs pursuant to title III. (d) Availability of Funds.--Amounts appropriated under this section shall remain available until expended. TITLE II--INNOCENT LANDOWNER, PROSPECTIVE PURCHASER, AND CONTIGUOUS PROPERTY OWNER LIABILITY SEC. 201. INNOCENT LANDOWNERS. (a) Environmental Site Assessment.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by adding at the end the following new subsection: ``(o) Innocent Landowners.-- ``(1) Conduct of environmental assessment.--A person who has acquired real property after April 15, 1994, shall have made all appropriate inquiry within the meaning of subparagraph (B) of section 101(35) only if such person establishes that, within 180 days prior to the time of acquisition, an environmental site assessment of the real property was conducted which meets the requirements of paragraph (2). ``(2) Definition of environmental site assessment.--For purposes of this subsection, the term `environmental site assessment' means an assessment conducted in accordance with the standards set forth in the American Society for Testing and Materials (ASTM) Standard E1527-94, titled `Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process' or with alternative standards issued by rule by the Administrator or promulgated or developed by others and designated by rule by the Administrator. Before issuing or designating alternative standards, the Administrator shall first conduct a study of commercial and industrial practices concerning environmental site assessments in the transfer of real property in the United States. Any such standards issued or designated by the Administrator shall also be deemed to constitute commercially reasonable and generally accepted standards and practices for purposes of this title. In issuing or designating any such standards, the Administrator shall consider requirements governing each of the following: ``(A) Interviews of owners, operators, and occupants of the property to determine information regarding the potential for contamination. ``(B) Review of historical sources as necessary to determine previous uses and occupancies of the property since the property was first developed. For purposes of this subparagraph, the term `historical sources' means any of the following, if they are reasonably ascertainable: recorded chain of title documents regarding the real property, including all deeds, easements, leases, restrictions, and covenants, aerial photographs, fire insurance maps, property tax files, USGS 7.5 minutes topographic maps, local street directories, building department records, zoning/land use records, and any other sources that identify past uses and occupancies of the property. ``(C) Determination of the existence of recorded environmental cleanup liens against the real property which have arisen pursuant to Federal, State, or local statutes. ``(D) Review of reasonably ascertainable Federal, State, and local government records of sites or facilities that are likely to cause or contribute to contamination at the real property, including, as appropriate, investigation reports for such sites or facilities; records of activities likely to cause or contribute to contamination at the real property, including landfill and other disposal location records, underground storage tank records, hazardous waste handler and generator records and spill reporting records; and such other reasonably ascertainable Federal, State, and local government environmental records which could reflect incidents or activities which are likely to cause or contribute to contamination at the real property. ``(E) A visual site inspection of the real property and all facilities and improvements on the real property and a visual inspection of immediately adjacent properties, including an investigation of any hazardous substance use, storage, treatment, and disposal practices on the property. ``(F) Any specialized knowledge or experience on the part of the landowner. ``(G) The relationship of the purchase price to the value of the property if uncontaminated. ``(H) Commonly known or reasonably ascertainable information about the property. ``(I) The obviousness of the presence or likely presence of contamination at the property, and the ability to detect such contamination by appropriate investigation. If a copy or reasonable facsimile of a record is publicly available by request (within reasonable time and cost constraints) and the record is practically reviewable, the record shall be considered to be reasonably ascertainable for purposes of this paragraph. ``(3) Appropriate inquiry.--A person shall not be treated as having made all appropriate inquiry under paragraph (1) unless-- ``(A) the person has maintained a compilation of the information reviewed and gathered in the course of the environmental site assessment; ``(B) the person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to stop on-going releases, prevent threatened future releases of hazardous substances, and prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; and ``(C) the person provides full cooperation, assistance, and facility access to persons authorized to conduct response actions or natural resource restoration at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the facility.''. (b) Exception.--Section 107(b)(3)(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9606(b)(3)(a)) is amended by inserting ``(except as provided in subsection (o))'' after ``exercised due care''. (c) Conforming Amendments.--Section 101(35) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(35)) is amended-- (1) in subparagraph (A), by striking ``, unless the real property'' and inserting ``. A defendant owner or operator of a facility may only assert under section 107(b)(3) that an act or omission of a previous owner or operator of that facility did not occur in connection with a contractual relationship if the real property''; and (2) in subparagraph (B)-- (A) by inserting ``(as specified in section 107(o))'' after ``all appropriate inquiry''; and (B) by striking ``For purposes of the preceding sentence'' and inserting ``For purposes of the application of the preceding sentence to acquisitions occurring on or before April 15, 1994,''. SEC. 202. LIMITATIONS ON LIABILITY FOR RESPONSE COSTS FOR PROSPECTIVE PURCHASERS. (a) Limitations on Liability.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection: ``(p) Limitations on Liability for Prospective Purchasers.--To the extent the liability of a person, with respect to a release or the threat of a release from a facility, is based solely on subsection (a)(1), the person shall not be liable under this Act if the person-- ``(1) is a bona fide prospective purchaser of the facility or an operator of a facility owned by such a bona fide prospective purchaser; ``(2) does not impede the performance of any response action or natural resource restoration at a facility; ``(3) provided all legally required notices with respect to the discovery or release of any hazardous substances at the facility; ``(4) exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to-- ``(A) stop ongoing releases; ``(B) prevent threatened future releases of hazardous substances; and ``(C) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment; ``(5) provides full cooperation, assistance, and facility access to such persons as are authorized to conduct response actions at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility; and ``(6) is not liable, or is not affiliated with any other person that is liable, for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the facility is conveyed or financed.''. (b) Prospective Purchaser and Windfall Lien.--Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (as amended by subsection (a)) is amended by adding after subsection (p) the following new subsection: ``(q) Prospective Purchaser and Windfall Lien.-- ``(1) In general.--In any case in which the United States has incurred unrecovered costs of response not inconsistent with the National Contingency Plan at a facility for which an owner of the facility is not liable by reason of subsection (p), and the conditions described in paragraph (3) are met, the United States shall have a lien on the facility, or may obtain, from the appropriate responsible party or parties, a lien on other property or other assurances of payment satisfactory to the Administrator, for the unrecovered costs. ``(2) Amount; duration.--The lien-- ``(A) shall be for an amount not to exceed the lesser of the amount of the United States costs of response not inconsistent with the National Contingency Plan or the amount of the increase in fair market value of the property attributable to the response action at the time of a subsequent sale or other disposition of the property; ``(B) shall arise at the time costs are first incurred by the United States with respect to a response action at the facility; ``(C) shall be subject to the requirements for notice and validity specified in subsection (l)(3); and ``(D) shall continue until the earlier of satisfaction of the lien or recovery of all United States costs of response not inconsistent with the National Contingency Plan incurred at the facility, notwithstanding any statute of limitations provided in section 113. Nothing in this subsection prevents the United States and a purchaser from entering into a settlement at any time that extinguishes a lien under this subsection. ``(3) Conditions.--The conditions referred to in paragraph (1) are the following: ``(A) Response action.--An action for which the United States has incurred unrecovered costs of response not inconsistent with the National Contingency Plan is carried out at the facility. ``(B) Fair market value.--The response action increases the fair market value of the facility.''. (c) Definition of Bona Fide Prospective Purchaser.--Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601) is amended by adding at the end the following: ``(39) Bona fide prospective purchaser.--The term `bona fide prospective purchaser' means a person who acquires ownership of a facility after the date of enactment of the Community Revitalization and Brownfield Cleanup Act of 1999 who can establish each of the following by a preponderance of the evidence: ``(A) Disposal prior to acquisition.--All active disposal of hazardous substances at the facility occurred before the person acquired the facility. ``(B) Inquiry.-- ``(i) In general.--The person made all appropriate inquiry as provided in section 101(35)(B) into the previous ownership and uses of the facility in accordance with generally accepted good commercial and customary standards and practices. ``(ii) Standards.--The ASTM standards described in section 107(o)(2) or the alternative standards issued or designated by the President pursuant to that section shall satisfy the requirements of this subparagraph. ``(iii) Residential property.--In the case of property in residential or other similar use at the time of purchase by a nongovernmental or noncommercial entity, a site inspection and title search that reveal no basis for further investigation shall satisfy the requirements of this subparagraph.''. ``(C) Notices.--The person provided all legally required notices with respect to the discovery or release of any hazardous substances at the facility. ``(D) Care.--The person exercised appropriate care with respect to hazardous substances found at the facility by taking reasonable steps to-- ``(i) stop ongoing releases; ``(ii) prevent threatened future releases of hazardous substances; and ``(iii) prevent or limit human or natural resource exposure to hazardous substances previously released into the environment. ``(E) Cooperation, assistance, and access.--The person provides full cooperation, assistance, and facility access to such persons as are authorized to conduct response actions at the facility, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action at the facility. ``(F) Relationship.--The person is not potentially liable, or is not affiliated with any other person that is potentially liable, for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the facility is conveyed or financed.''. SEC. 203. CONTIGUOUS OR NEARBY PROPERTIES. Section 107 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is further amended by adding at the end the following new subsection: ``(r) Contiguous Properties.--(1) A person who owns or operates real property, that is contiguous to or otherwise similarly situated with respect to other real property not owned or operated by that person, and that is or may be contaminated by a release or threatened release of hazardous substances from such other real property, shall not be considered to be an owner or operator of a facility under subsection (a)(1) or (2) solely by reason of such contamination, if such person establishes by a preponderance of the evidence that-- ``(A) such person exercised appropriate care with respect to those hazardous substances on or under such person's property by taking reasonable steps to-- ``(i) stop ongoing releases; ``(ii) prevent threatened future releases of hazardous substances; and ``(iii) prevent or limit human, environmental, or natural resource exposure to hazardous substances previously released into the environment; ``(B) such person did not cause, contribute to, consent to, or exacerbate the release; ``(C) such person provided all legally required notices with respect to the discovery of the release; ``(D) such person is not otherwise potentially liable and is not affiliated with any other person that is potentially liable for response costs at the facility, through any direct or indirect familial relationship, or any contractual, corporate, or financial relationship other than that created by the instruments by which title to the real property is conveyed or financed; ``(E) at the time the person acquired the property, the person conducted all appropriate inquiry within the meaning of subparagraph (B) of section 101(35) and did not know and had no reason to know of the presence of such contamination on the property being acquired; and ``(F) such person provides full cooperation, assistance, and access to such other persons as are authorized to conduct response actions or natural resource restoration at the real property, including the cooperation and access necessary for the installation, integrity, operation, and maintenance of any complete or partial response action or natural resource restoration at the real property. ``(2) With respect to hazardous substances in groundwater beneath such person's property solely as a result of subsurface migration in an aquifer from a source or sources outside the property, appropriate care under paragraph (1)(A) shall not require that such person either conduct groundwater investigations or install groundwater remediation systems, except in accordance with the Environmental Protection Agency's May 24, 1995, ``Policy Toward Owners of Property Containing Contaminated Aquifers''. ``(3) Any person who at the time of acquisition of real property had, or had reason to have had, the knowledge specified in paragraph (1)(E) may nonetheless qualify as a bona fide prospective purchaser under section 101(39) if such person otherwise would fall within that definition. ``(4) Nothing in this subsection shall limit defenses to liability that otherwise may be available to such persons nor shall be construed to impose liability not otherwise imposed by section 107(a) on such persons. ``(5) The President may issue an assurance of no enforcement action under this Act to any such person and may grant any such person protection against cost recovery, and contribution actions pursuant to section 113(f)(2).''. TITLE III--SELLER LIABILITY RELIEF AND STATE VOLUNTARY RESPONSE PROGRAMS SEC. 301. STATE VOLUNTARY RESPONSE PROGRAMS. Title I of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at the end the following new section: ``SEC. 127. STATE VOLUNTARY RESPONSE PROGRAMS. ``(a) Purposes and Objectives.--The purposes and objectives of this section are-- ``(1) to significantly increase the pace of response activities at contaminated sites by promoting and encouraging the creation, development, and enhancement of State voluntary response programs; and ``(2) to benefit the public health and welfare and the environment by cleaning up and returning contaminated sites to economically productive or other beneficial uses. ``(b) Assistance to States.--The Administrator shall provide technical, financial, and other assistance to States to establish and enhance voluntary response programs. The Administrator shall encourage the States to develop risk sharing pools, indemnity pools, or insurance mechanisms to provide financing for response actions under their voluntary response programs. ``(c) Limitation on Federal Authority To List on National Priorities List.--Except as provided in subsection (e), the President shall not list on the National Priorities List the portion of a facility subject to a response action plan approved under a State program qualified under subsection (i)-- ``(1) while substantial and continuous voluntary response activities are being conducted in compliance with the plan at that portion of the facility; or ``(2) after response activities conducted in compliance with the plan at that portion of the facility have been certified by the State as complete. ``(d) Limitation on Federal Authority To Recover Costs.--(1) Except as provided in subsection (e), if substantial and continuous voluntary response activities are being conducted at a voluntary response action site in compliance with a response action plan approved under a State program qualified under subsection (i) or if response activities conducted at such a site in compliance with the plan have been certified by the State as complete, then the Administrator may not bring a claim under section 107(a) for response costs incurred with respect to a release or substantial threat of release of a hazardous substance addressed by the response action plan unless one or more of the following conditions is met: ``(A) The Administrator determines that the release or threat of release may present an imminent and substantial endangerment to the public health or welfare or the environment. ``(B) The State requests the Administrator to take action. ``(C) Conditions at the site that were unknown to the State at the time the response action plan was approved by the State are discovered, and such conditions indicate, as determined by the Administrator or the State, that the response action does not protect human health or the environment. ``(D) The cleanup of the site under the response action plan of the State program no longer protects human health or the environment, as determined by the Administrator or the State, because of a change or a proposed change in the use of the site. ``(2) For purposes of this subsection, the term `voluntary response action site' means a site subject to a response action plan under a State program qualified under subsection (i). ``(3) Nothing in this subsection shall preclude the Administrator from recovering costs incurred by the Administrator at a site before State approval of a response action plan for that site. ``(e) Facilities Ineligible for Limitations.-- ``(1) Facilities.--The limitations on Federal authority provided under subsections (c) and (d) do not apply to any of the following facilities: (A) a facility or portion of a facility that is the subject of an order or other action under section 106(a) of this Act, or a response action under section 104 of this Act; ``(B) A facility included, or proposed for inclusion, on the National Priorities List maintained by the President under this Act. ``(C) An NPL-caliber facility, as defined in paragraph (2). ``(D) A facility that is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u) or 6928(h)) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures. ``(E) Any land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted and closure requirements have been specified in a closure plan or permit. ``(F) A facility at which there has been a release of a polychlorinated biphenyl and that is subject to the Toxic Substances Control Act (15 U.S.C. 2601 et seq.). ``(G) A facility with respect to which an administrative or judicial order or decree requiring cleanup has been issued or entered into by the President under-- ``(i) this Act; ``(ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); ``(iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); ``(iv) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or ``(v) the Safe Drinking Water Act (42 U.S.C. 300f et seq.). ``(H) The portion of a facility at which assistance for response activities may be obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue Code of 1986. ``(I) A facility owned or operated by a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe. ``(2) Definition.--For purposes of paragraph (1), the term `NPL-caliber facility' means a facility for which the President, in consultation with the State concerned, has prepared or is preparing a hazardous ranking system scoring package or that satisfies such other definition as the Administrator may promulgate by regulation. The term does not include a facility for which the President-- ``(A) has obtained a score under the hazardous ranking system; and ``(B) based on that score, has made a determination not to list on the National Priorities List. ``(3) Exception.--Notwithstanding paragraph (1), the President may, on a facility-by-facility basis and pursuant to an agreement with the State concerned, apply the limitations on authority provided under subsections (c) and (d) to any facility listed in subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph (1) if the President finds that such use would promote economic development while still protecting human health and the environment. In the case of a facility listed in subparagraph (I), the President may use the authority in the preceding sentence only if the facility is not a facility described in subparagraph (A), (B), (C), or (G)(i). ``(f) EPA Assistance to States for State Voluntary Response Programs.--The Administrator shall assist States to establish and administer State voluntary response programs that-- ``(1) provide for voluntary response actions that ensure adequate site assessment and protect human health and the environment; ``(2) provide opportunities for technical assistance with respect to voluntary response actions; ``(3) provide meaningful opportunities for public participation on issues that affect the community, which shall include prior notice and opportunity for comment in the selection or significant modification of response actions and which may include involvement of State and local health officials during site assessment; ``(4) provide streamlined procedures to ensure expeditious voluntary response actions; ``(5) provide adequate oversight, enforcement authorities, resources, and practices-- ``(A) to ensure that voluntary response actions protect human health and the environment and are conducted in a timely manner in accordance with a State-approved response action plan or other instrument; and ``(B) to ensure completion of voluntary response actions if the person conducting the voluntary response action fails or refuses to complete the necessary voluntary response actions that protect human health and the environment, including operation and maintenance or long-term monitoring activities; ``(6) provide mechanisms for the approval of a response action plan or other instrument; and ``(7) provide mechanisms for a certification or similar documentation to the person who conducted the response action indicating that the response is complete. ``(g) Financial Assistance for Development and Enhancement of State Voluntary Response Programs and Reporting Requirement.-- ``(1) Public record.--To assist the Administrator in determining the needs of States for assistance under this section, the Administrator shall encourage the States to maintain a public record of facilities, by name and location, that have been or are planned to be addressed under a State voluntary response program. ``(2) Reporting requirement.--Each State receiving financial assistance under this section shall submit to the Administrator a report at the end of each calendar year on the progress of its voluntary response program, which shall include the following information with respect to that calendar year: ``(A) The number of sites, if any, undergoing voluntary cleanup, with the number of sites in each stage of such cleanup set forth separately. ``(B) The number of sites, if any, entering voluntary cleanup. ``(C) The number of sites, if any, that received a certification from the State indicating that a response action is complete. ``(h) EPA Review of State Programs.--At any time after the date of enactment of this section, a State may submit, for review by the Administrator, documentation that the State considers appropriate to describe a State voluntary response program, together with a certification that the program is consistent with the elements set forth in subsection (f), and, if such program is developed by administrative action, executive order, or regulation, documentation of public comment and State response to comment on the adequacy of the State voluntary response program. ``(i) Qualification of State Program.-- ``(1) Approval or disapproval.--(A) The Administrator shall approve a State voluntary response program submitted under subsection (h) within 180 days after the Administrator receives documentation and certification under subsection (h) if the Administrator determines that the State's submission is consistent with the elements set forth in subsection (f). A program so approved by the Administrator shall be considered a qualified program under this section. ``(B) The Administrator shall publish in the Federal Register the reasons for the approval or disapproval of any such program. ``(C) If the Administrator needs additional information, the 180-day time period referred to in subparagraph (A) shall be extended until 30 days after the Administrator is satisfied that enough additional information has been obtained in order to make a determination. ``(2) Withdrawal of qualification.--Whenever the Administrator determines that a State is not administering and enforcing a qualified program in accordance with subsection (f), the Administrator shall notify the State in writing of such determination. If appropriate corrective action is not taken by the State within 120 days after receipt of the notice, the Administrator shall propose within 60 days thereafter to withdraw approval of the program and publish a notice of such proposed withdrawal in the Federal Register. The Administrator shall not withdraw approval of any such program unless the Administrator provides to the State in writing and publishes in the Federal Register the reasons for such withdrawal. If the State subsequently completes the necessary corrective measures as determined by the Administrator, the Administrator shall reinstate the program as a qualified program under this section. ``(j) Effect of Response.--Performance of a voluntary response action pursuant to this section shall not constitute an admission of liability under any Federal, State, or local law or regulation or in any citizens suit or other private action. ``(k) Compliance With NCP.--Solely for the purpose of private cost recovery and contribution claims under this Act, response actions conducted pursuant to a qualified program shall be presumed to be consistent with the National Contingency Plan. ``(l) Annual Reporting.-- ``(1) Reports by state.--Each State with a qualified program under this section shall submit to the Administrator a report at the end of each calendar year describing whether the program continues to be consistent with the elements set forth in subsection (f). ``(2) Report by administrator.--The Administrator shall report, not later than two years after the enactment of this section, and annually thereafter, to the Congress on the status of State voluntary response programs. The report shall include an analysis of whether qualified State voluntary response programs continue to be consistent with the elements set forth in subsection (f). ``(m) Effect on Existing State Programs.--This section is not intended to impose any requirement on any State voluntary response program, including a program existing on or before the date of the enactment of the Community Revitalization and Brownfield Cleanup Act of 1999. A program shall not be considered to be a qualified program under this section unless the program is approved in accordance with this section. ``(n) Effect on Agreements Between State and EPA.--This section is not intended to modify or otherwise affect a memorandum of agreement, or a cooperative agreement, under this Act between a State agency and the Environmental Protection Agency in effect on or before the date of the enactment of the Community Revitalization and Brownfield Cleanup Act of 1999. Such an agreement shall remain in effect, subject to the terms of the agreement. This section is not intended to restrict or limit the President's discretionary authority to enter into or modify an agreement with a State or other person relating to the President's implementation of authorities under this Act, nor to modify or otherwise affect an existing agreement between the President and any person relating to the President's implementation of those authorities. ``(o) Effect on Other Laws.--Except as provided in subsections (c) and (d), this section does not change, modify, or otherwise affect the liability of any person or the obligations imposed or authorities provided under any law or regulation, including this Act, the Solid Waste Disposal Act, the Federal Water Pollution and Control Act, the Toxic Substances Control Act, and title XIV of the Public Health Service Act (the Safe Drinking Water Act). ``(p) Relationship to Innocent Landowner and Prospective Purchaser.--(1) The successful completion of a response action at a facility pursuant to a response action plan or other instrument approved under a qualified program under this section shall be evidence to be considered for purposes of section 107(o)(3)(B) and section 101(39)(D). ``(2) Nothing in this section shall be construed to require any person to participate in a qualified voluntary response program under this section or in any other voluntary response program in order to qualify as an innocent landowner or bona fide prospective purchaser for purposes of subsections (o) and (p) of section 107.''. <all>

usgpo

2024-06-24T03:05:35.290219

BILLS-106hr1755ih

Border Smog Reduction Accountability Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1755 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1755 To provide for reimbursing the States for the cost incurred by the States in implementing the Border Smog Reduction Act of 1998. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Filner introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To provide for reimbursing the States for the cost incurred by the States in implementing the Border Smog Reduction Act of 1998. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Border Smog Reduction Accountability Act''. SEC. 2. FINDINGS. The Congress finds as follows: (1) The Clean Air Act provides for the establishment of national primary ambient air quality standards. The standards are Federal regulatory provisions, but are implemented, maintained, and enforced under State plans. (2) The States incur costs in administering such plans. In the case of ozone nonattainment areas, the States incur increased administrative costs because the Clean Air Act requires the operation of inspection and maintenance programs to control vehicle emissions. Even greater administrative costs are incurred for serious, severe, or extreme ozone nonattainement areas, as the States are required to have enhanced inspection and maintenance programs. (3) For a State that borders a foreign country, an additional factor in the problem of ozone nonattainment is presented by vehicles that enter the State from the foreign country and are registered in such country. (4) The Border Smog Reduction Act of 1998 (Public Law 105- 286) was enacted in response to such problem. Notwithstanding estimates of the Congressional Budget Office to the contrary, the States have determined that the implementation of Public Law 105-286 will cause the States to incur significant administrative costs. (5) Public Law 105-286 is therefore an unfunded mandate within the spirit of the Unfunded Mandates Reform Act of 1995 (``UMRA'') (Public Law 104-4), even though State expenditures under Public Law 105-286 may not meet the intergovernmental- mandate threshold amount of $50,000,000 established under UMRA regarding the congressional procedural process. UMRA establishes congressional and administrative procedures to control the imposition of Federal mandates on the States and the private sector. (6) The Federal Government should make grants to the States in order to reimburse the costs of the States in implementing Public Law 105-286. SEC. 3. REIMBURSEMENT OF STATES FOR COSTS OF IMPLEMENTING BORDER SMOG REDUCTION ACT OF 1998. Of the amounts appropriated for carrying out the Clean Air Act for fiscal year 2000 and each subsequent fiscal year, the Administrator of the Environmental Protection Agency shall make available such sums as may be necessary to make grants to the States in amounts sufficient to reimburse the States for the costs incurred by the States in implementing section 183(h) of the Clean Air Act, as added by section 2 of the Border Smog Reduction Act of 1998 (Public Law 105-286). <all>

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2024-06-24T03:05:35.370627

BILLS-106hr1757ih

Spring Mountain Exchange Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1757 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1757 To provide for the orderly disposal of certain Federal lands in Clark County, Nevada, and to provide for the acquisition by the Secretary of the Interior of environmentally sensitive lands in the State of Nevada. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Gibbons (for himself and Mr. Young of Alaska) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To provide for the orderly disposal of certain Federal lands in Clark County, Nevada, and to provide for the acquisition by the Secretary of the Interior of environmentally sensitive lands in the State of Nevada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Spring Mountain Exchange Act of 1999''. SEC. 2. EXCHANGE OF LANDS AND MINERAL INTERESTS. (a) Conveyance by United States.-- (1) In general.--Subject to subsections (b), (c), and (d) and notwithstanding any other provision of law, not later than 90 days after the final determination of lands and interests subject to exchange under this section, the Secretary of the Interior shall convey to Rhodes Design and Development Corporation, subject to any valid existing rights and in exchange for lands and interests conveyed by the Corporation in accordance with subsection (b), all right, title, and interest of the United States in and to approximately 1,463 acres of Federal lands in the State of Nevada depicted on the map entitled ``Spring Mountain Land Exchange, Map 1 dated __________''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (2) Determination of lands and interests.--The Secretary shall determine the lands and interests that are subject to exchange under this section not later than 90 days after the date of the enactment of this Act. (b) Offer and Acceptance.--The Secretary shall make the conveyance to the Corporation under subsection (a) only if the Corporation conveys to the United States all right, title, and interest of the Corporation in and to approximately 490 acres of lands in the State of Nevada depicted on a map entitled ``Spring Mountain Land Exchange Map 2 dated __________''. The Secretary shall make that map available for public inspection in the offices of the Director of the Las Vegas District of the Bureau of Land Management. (c) Equalization Payments.-- (1) In general.--If the fair market values of lands and interests exchanged under this section are not equal, the Secretary shall ensure that they are equalized by the payment of money to the Secretary or to the Corporation as appropriate in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (2) Valuation.--The value of lands and interests shall be determined for purposes of this section-- (A) utilizing nationally recognized appraisal standards; (B) in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); and (C) without regard to the presence of any species listed as threatened species or endangered species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (d) Payments to State and Local Government.-- (1) In general.--The Secretary shall require, as a term of any conveyance under this section, that the Corporation shall make direct payments to the State of Nevada and the Southern Nevada Water Authority in accordance with paragraph (2). Such payments shall be considered to be a cost incurred by the Corporation and shall be compensated by the Secretary. (2) Amount of payment.-- (A) Payment to state.--The amount paid by the Corporation to the State of Nevada shall be equal to 5 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the State only in the general education program of the State. (B) Payment to authority.--The amount paid by the Corporation to the Southern Nevada Water Authority shall be equal to 10 percent of the fair market value of the Federal lands conveyed by the United States under this section (as determined under subsection (b)), and shall be used by the Authority only for water treatment and transmission facility infrastructure in Clark County, Nevada. (e) Adjustments to Maps.--The Secretary may make such minor corrections in the maps referred to in this section as may be agreed upon by the Secretary and the Corporation, after the Secretary notifies the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives of any such minor corrections. (f) Administration of Lands.-- (1) Cancellation.--If, before the exchange has been carried out pursuant to subsections (a) and (b), the Corporation provides written notification to the Secretary that the Corporation no longer intends to complete the exchange, the status of the lands and interests otherwise subject to the exchange shall revert to the status of such lands and interests as of the day before the date of enactment of this Act, and the lands and interests shall be managed in accordance with applicable law and management plans. (2) Administration of lands acquired by the united states.--On acceptance of title by the United States, all land and interests acquired by the United States under this section that are located within the boundaries of a unit of the National Forest System, National Park System, National Wildlife Refuge System, National Wild and Scenic Rivers System, National Trails System, National Wilderness Preservation System, or any other system established by an Act of Congress, or within the boundaries of any national conservation area or national recreation area established by an Act of Congress-- (A) shall become part of the unit or area without further administrative or legislative action; and (B) shall be managed in accordance with all laws, regulations, and land use plans applicable to the unit or area. (g) Definitions.--As used in this section: (1) Corporation.--The term ``Corporation'' means the Rhodes Design and Development Corporation (a corporation established under the laws of the State of Nevada). (2) Secretary.--The term ``Secretary'' means the Secretary of the Interior. <all>

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2024-06-24T03:05:35.546782

BILLS-106hr1759ih

Hanford Reach National Salmon Preserve and Recreational Area Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1759 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1759 To ensure the long-term protection of the resources of the portion of the Columbia River known as the Hanford Reach. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Hastings of Washington (for himself, Mr. Nethercutt, and Ms. Dunn) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To ensure the long-term protection of the resources of the portion of the Columbia River known as the Hanford Reach. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hanford Reach National Salmon Preserve and Recreational Area Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) The 51-mile stretch of the Columbia River, known as the ``Hanford Reach'', provides 80 percent of the fall Chinook salmon in the river system, critical habitat for wildlife, a high-quality waterfowl sanctuary, as well as numerous scenic, historic, and recreational opportunities for the public. (2) In 1996 Congress, through Public Law 104-333, prohibited damming, dredging, channeling, or other such activities along the Hanford Reach in order to help preserve and protect the unique environmental benefits of the region. (3) The lands surrounding the Hanford Reach area of the Columbia River, Washington, should be properly managed in order to protect plant, fish, wildlife, cultural, recreational, and scenic resources, while preserving access to these lands. (4) Recognizing the unique and pristine values of the area, local citizens in cooperation with Federal and State authorities have developed a comprehensive protection plan which has enhanced salmon habitat along the Hanford Reach. This plan, known as the Vernita Bar Agreement, has preserved the free flowing, riparian character of the Hanford Reach, and serves as a blueprint for further successful management along the Columbia River. (5) Although dozens of local, State, and Federal environmental protection and management laws and regulations exist for the Hanford Reach, management efforts can be better integrated and can lead to more efficient use of public resources and improved habitat and recreation management. (6) Inasmuch as Federal financial resources are constrained, joint partnerships among Federal, State, and local entities can provide long-term habitat and wildlife management, maintain recreational opportunities, and develop a responsible and environmentally sound management plan for the Hanford Reach. (7) The people and the governments of Benton, Franklin, and Grant Counties desire to enter into such a partnership with the State of Washington and the United States to ensure the continued protection of plant, fish, wildlife, cultural, recreational, and scenic resources on the lands surrounding the Hanford Reach. (8) Such a cooperative partnership will provide a forum for public input from the entire region and ensure the long-term protection of the river as wild, scenic, and accessible. (9) Congress recommends the formation of a commission, with Federal, State and local members, to manage the Reach in accordance with the above goals. (10) The commission will be structured to ensure that each entity will have equal standing to make or reject management decisions. SEC. 3. PURPOSE. The purpose of this Act is to protect and enhance the plant resources, fish and wildlife resources, cultural resources, recreational access and other uses of the Hanford Reach through a joint partnership with Federal, State and local governments. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Commission.--The term ``Commission'' means the Hanford Reach Protection and Management Commission. (2) Hanford reach.--The term ``Hanford Reach'' refers to the portion of the Columbia River from river mile 353 to river mile 392. (3) Hanford site.--The term ``Hanford Site'' means the property represented as ``Department of Energy'' under the Land Status Legend on the Bureau of Land Management topographic map of Priest Rapids, Washington, Edition-1991. (4) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 5. GENERAL AUTHORITY; PROPERTY DESCRIPTIONS. (a) Authority.--As soon as practicable after the date of the enactment of this Act, the Secretary for no consideration shall convey to the governmental entities referred to in subsection (c) all right, title, and interest of the United States in and to the properties described in subsection (c). (b) Environmental Safety.--The conveyance made under subsection (c) shall be made only after the Administrator of the Environmental Protection Agency certifies to the Secretary that-- (1) the properties described in section 5(c) are clean of hazardous, toxic, or radioactive materials or substances; (2) all corrective, remedial, or response actions have been completed; and (3) all obligations of the Secretary at the Hanford Site under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) and other applicable laws have been fulfilled. (c) Conveyance to the State of Washington.--The Secretary shall convey to the State of Washington the property that consists of the portion of the Hanford Site that runs along both banks of the Columbia River and lies within the one quarter mile to the north of the mean high water mark on the north bank of the Columbia River, and that lies within the one quarter mile to the south of the mean high water mark on the south bank of the Columbia River. (d) Water Rights and Utility Easements.--The conveyances under subsection (c) shall be made subject to all existing water rights and all easements and rights of any public and private utility districts which operate and maintain transmission and generation facilities along the lands described under section 5. SEC. 6. DESIGNATION OF THE HANFORD REACH CORRIDOR. Upon passage of this Act, the lands conveyed under section 5(c) and the Columbia River corridor adjacent to such lands shall be referred to the ``Hanford Reach National Salmon Preserve and Recreational Area.'' SEC. 7. ESTABLISHMENT OF HANFORD REACH PROTECTION AND MANAGEMENT COMMISSION. Not later than 6 months after the conveyances under section 5(b)(1) are made, the Department of Energy and the State of Washington shall enter into a written joint agreement with the governments of Benton, Franklin, and Grant Counties to establish the Hanford Reach Protection and Management Commission as follows: (1) Membership appointment.--The Commission shall be composed of 9 members. As soon as practicable, but not more than 6 months after the date of the enactment of this Act, the members shall be appointed as follows: (A) Local panel.-- (i) One member who shall be a resident of Benton County, appointed by the government of such county. (ii) One member who shall be a resident of Franklin County, appointed by the government of such county. (iii) One member who shall be a resident of Grant County, appointed by the government of such county. (B) State panel.--Three members who shall each be residents of the State of Washington, appointed by the Governor of the State of Washington. (C) Federal panel.-- (i) One Member who shall be a resident of the State of Washington, appointed by the Secretary of Energy. (ii) One member who shall be a resident of the State of Washington, appointed by the Secretary of the Interior. (iii) One member who shall be a resident of the State of Washington, appointed by the Bureau of Indian Affairs. (2) Voting requirements.--Each issue before the Commission shall be deemed approved only if a majority of each panel has voiced approval. (3) Nonvoting members.--The Commission should seek the advice and technical expertise from state and Federal agencies, public utility districts, irrigators, academics, biologists, and others, on matters before the Commission. (4) Terms of office.--The length of the terms of office of the members appointed under paragraph (1) shall not exceed 4 years. Terms shall be staggered within each panel. (5) Vacancy.--Any vacancy that may occur prior to the expiration of a member's term shall be filled for the balance of such term by appointment made by the entity which appointed the vacating member. (6) Establishment of commission authority.--As soon as practicable after the appointment of a majority of the members of the Commission, such members shall be authorized to convene meetings of the Commission and to adopt rules and provisions governing the administration, voting, meeting, terms of service, and finances of the Commission. The first meeting shall be held no later than 1 year from the date of the establishment of the Commission. (7) Development of hanford reach protection and management plan.-- (A) The primary duty of the Commission shall be to develop and implement a plan to manage the lands conveyed pursuant to section 5(c) consistent with the purposes of this Act. (B) From the date the conveyances under section 5(c) are made until such time as a permanent protection and management plan is approved by the Commission, the lands conveyed pursuant to such section shall be managed under an interim management plan approved by the governments of Benton, Franklin, and Grant Counties, which shall be consistent with the purposes of this Act. (8) Use of federal resources authorized.--The Secretary of the Interior may enter into agreements with the State of Washington and the governments of Benton, Franklin, and Grant Counties to allow the utilization of personnel, and the provision of technical and financial assistance from the United States Fish and Wildlife Service to assist the county governments in the administration and management of the lands transferred under this Act. <all>

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2024-06-24T03:05:35.579168

BILLS-106hr1761ih

Copyright Damages Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1761 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1761 To amend provisions of title 17, United States Code. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Rogan (for himself and Mr. Coble) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend provisions of title 17, United States Code. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Copyright Damages Improvement Act of 1999''. SEC. 2. STATUTORY DAMAGES ENHANCEMENT. Section 504(c) of title 17, United States Code, is amended-- (1) in paragraph (1)-- (A) by striking ``$500'' and inserting ``$750''; and (B) by striking ``$20,000'' and inserting ``$30,000''; and (2) in paragraph (2)-- (A) by inserting ``(A)'' after ``(2)''; (B) by striking ``$100,000'' and inserting ``$150,000''; (C) by inserting after the second sentence the following: ``(B) In a case where the copyright owner demonstrates that the infringement was part of a repeated pattern or practice of infringement, the court may increase the award of statutory damages to a sum of not more than $250,000 per work.''; and (D) by striking ``The court shall remit statutory damages'' and inserting the following: ``(C) The court shall remit statutory damages''. SEC. 3. STATUTORY DAMAGES CLARIFICATION. Section 504(c) of title 17, United States Code, is amended by inserting at the end the following new sentence: ``For purposes of chapter 5 of title 11, `willful' infringement shall be considered to be willful and malicious injury to the property of another.''. <all>

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2024-06-24T03:05:35.751318

BILLS-106hr1758ih

Dairy Revenue Protection Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1758 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1758 To amend the Agricultural Market Transition Act to extend the milk price support program through 2002 at an increased price support rate. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Gutknecht introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Agricultural Market Transition Act to extend the milk price support program through 2002 at an increased price support rate. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Dairy Revenue Protection Act of 1999''. SEC. 2. MILK PRICE SUPPORT PROGRAM. (a) Extension of Program.--Subsection (h) of section 141 of the Agricultural Market Transition Act (7 U.S.C. 7251) is amended-- (1) by striking ``1999'' both places it appears and inserting ``2002''; and (2) by adding at the end the following new sentence: ``During the period of effectiveness of the program, section 201 of the Agricultural Act of 1949 (7 U.S.C. 1446), including subsection (c) of such section, shall not apply to milk.''. (b) Price Support Rate.--Subsection (b) of such section is amended by adding at the end the following new paragraph: ``(5) During calendar years 2000 through 2002, $10.35.''. (c) Repeal of Recourse Loan Program for Processors.--Section 142 of the Agricultural Market Transition Act (7 U.S.C. 7252) is repealed. <all>

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2024-06-24T03:05:35.791658

BILLS-106hr1762ih

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to expand the scope of the respite care program of the Department of Veterans Affairs.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1762 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1762 To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to expand the scope of the respite care program of the Department of Veterans Affairs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Smith of New Jersey (for himself, Mr. Bilirakis, Mr. Stearns, and Mr. Saxton) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to expand the scope of the respite care program of the Department of Veterans Affairs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DEPARTMENT OF VETERANS AFFAIRS RESPITE CARE PROGRAM. Section 1720B of title 38, United States Code, is amended-- (1) in subsection (a), by striking ``eligible'' and inserting ``enrolled''; (2) in subsection (b)-- (A) by striking ``the term `respite care' means hospital or nursing home care'' and inserting ``the term `respite care services' means care and services''; (B) by striking ``is'' at the beginning of each of paragraphs (1), (2), and (3) and inserting ``are''; and (C) by striking ``in a Department facility'' in paragraph (2); and (3) by adding at the end the following new subsection: ``(c) In furnishing respite care services, the Secretary may enter into contract arrangements.''. <all>

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2024-06-24T03:05:35.923854

BILLS-106hr1763ih

Reasonable Mitigation Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1763 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1763 To amend the Endangered Species Act of 1973 to provide that the cost of mitigation required under that Act for a public construction project may not exceed 10 percent of the total project costs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Calvert introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To amend the Endangered Species Act of 1973 to provide that the cost of mitigation required under that Act for a public construction project may not exceed 10 percent of the total project costs. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Reasonable Mitigation Act of 1999''. SEC. 2. LIMITATION ON COST OF MITIGATION REQUIRED UNDER ENDANGERED SPECIES ACT OF 1973 FOR PUBLIC PROJECTS. (a) Mitigation Required With Respect to Federal Agency Actions.-- Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is amended by adding at the end the following: ``(q) Limitation on Required Mitigation.-- ``(1) Mitigation pursuant to opinion of secretary.--This section does not require mitigation for any covered agency action, and the Secretary may not specify any measure under clause (ii) or (iii) of subsection (b)(4)(C) and may not require compliance with any term or condition under paragraph subsection (b)(4)(C)(iv) for any covered agency action, if the aggregate of the cost of all such mitigation, implementing all such measures, and complying with all such terms and conditions, respectively, for the covered agency action will exceed 10 percent of the total project costs of activities comprising or (in the case of a covered agency action consisting of issuance of a permit or license) authorized by the covered agency action. ``(2) Mitigation pursuant to committee exemption.--The Committee may not establish any mitigation and enhancement measures under subsection (h)(1)(B) for any covered agency action if the cost of implementing such measures will exceed 10 percent of the total project costs of activities comprising or (in the case of a covered agency action involving a permit or license applicant) authorized by the covered agency action. ``(3) Definitions.--In this subsection-- (A) the term `covered agency action' means-- ``(i) any construction project that is carried out or funded (in whole or in part) by a Federal agency; and ``(ii) the issuance by any Federal agency of a license or permit that would authorize any construction project that is carried out or funded (in whole or in part) by a State or local government agency; and ``(B) the term `total project costs' means the aggregate costs of acquiring land and carrying out construction.''. (b) Mitigation Required for Incidental Take Permits.--Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end the following: ``(k) Limitation on Required Mitigation.-- ``(1) In general.--Subsection (a)(2) does not require, and the Secretary may not require as a term or condition of a permit under subsection (a)(1)(B), that a permittee for a public project take any measures to minimize or mitigate impacts of a taking under the permit if the costs of implementing such measures will exceed 10 percent of the total project costs of the public project. ``(2) Definitions.--In this subsection-- ``(A) the term `public project' means any construction project that is carried out or funded (in whole or in part) by a Federal, State, or local agency; and ``(B) the term `total project costs' means the aggregate costs of acquiring land and carrying out construction.''. <all>

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2024-06-24T03:05:35.971320

BILLS-106hr1760ih

America's Better Classrooms Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1760 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1760 To amend the Internal Revenue Code of 1986 to expand the incentives for the construction, repair, rehabilitation, and renovation of public schools. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mrs. Johnson of Connecticut introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to expand the incentives for the construction, repair, rehabilitation, and renovation of public schools. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``America's Better Classrooms Act of 1999''. SEC. 2. FINDINGS. The Congress hereby finds: (1) Public school buildings in urban, suburban, and rural school districts across the United States need extensive repair, rehabilitation, and renovation. (2) New buildings will be needed in many school districts as a result of a surge in student enrollments. (3) The General Accounting Office has found that more than 14 million children attend schools in need of extensive repair or replacement, 7 million children attend schools with safety code violations, and 12 million children attend schools with leaky roofs. (4) Many public schools do not have the appropriate infrastructure to be able to use computers and other technology needed to adequately prepare students to meet the challenges of the 21st Century. (5) The Federal Government can support public school repair, modernization, and construction without interfering with local control. SEC. 3. CREDIT TO HOLDERS OF QUALIFIED PUBLIC SCHOOL CONSTRUCTION BONDS. (a) In General.--Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: ``SEC. 30B. CREDIT TO HOLDERS OF QUALIFIED PUBLIC SCHOOL CONSTRUCTION BONDS. ``(a) Allowance of Credit.--In the case of a taxpayer who holds a qualified school construction bond on a credit allowance date of such bond which occurs during the taxable year, there shall be allowed as a credit against the tax imposed by this chapter for such taxable year an amount equal to the sum of the credits determined under subsection (b) with respect to credit allowance dates during such year on which the taxpayer holds such bond. ``(b) Amount of Credit.-- ``(1) In general.--The amount of the credit determined under this subsection with respect to any credit allowance date for a qualified school construction bond is 25 percent of the annual credit determined with respect to such bond. ``(2) Annual credit.--The annual credit determined with respect to any qualified school construction bond is the product of-- ``(A) the applicable credit rate, multiplied by ``(B) the outstanding face amount of the bond. ``(3) Applicable credit rate.--For purposes of paragraph (1), the applicable credit rate with respect to an issue is the rate equal to an average market yield (as of the day before the date of issuance of the issue) on outstanding long-term corporate debt obligations (determined under regulations prescribed by the Secretary). ``(4) Special rule for issuance and redemption.--In the case of a bond which is issued during the 3-month period ending on a credit allowance date, the amount of the credit determined under this subsection with respect to such credit allowance date shall be a ratable portion of the credit otherwise determined based on the portion of the 3-month period during which the bond is outstanding. A similar rule shall apply when the bond is redeemed. ``(c) Qualified School Construction Bond.--For purposes of this section-- ``(1) In general.--The term `qualified school construction bond' means any bond issued as part of an issue if-- ``(A) 95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land on which such a facility is to be constructed with part of the proceeds of such issue, ``(B) the bond is issued by a State or local government within the jurisdiction of which such school is located, ``(C) the issuer designates such bond for purposes of this section, and ``(D) the term of each bond which is part of such issue does not exceed 15 years. ``(2) Limitation on amount of bonds designated.--The maximum aggregate face amount of bonds issued during any calendar year which may be designated under paragraph (1) by any issuer shall not exceed the limitation amount allocated under paragraph (3) for such calendar year to such issuer. ``(3) National limitation on amount of bonds designated.-- There is a national qualified school construction bond limitation for each calendar year. Such limitation is-- ``(A) $12,500,000,000 for 2000, ``(B) $12,500,000,000 for 2001, and ``(C) except as provided in paragraph (5), zero after 2001. ``(4) Allocation of limitation among states.-- ``(A) In general.--The limitation applicable under paragraph (3) for any calendar year shall be allocated among the States by the Secretary. The amount allocated to a State for a calendar year shall be equal to the sum of-- ``(i) the amount allocated to the State for such year under subparagraph (B), and ``(ii) the amount allocated to the State for such year under subparagraph (C). The limitation amount allocated to a State under the preceding sentence shall be allocated by the State education agency to issuers within such State and such allocations may be made only if there is an approved State application. ``(B) Allocation on basis of basic grants under title i of the elementary and secondary education act of 1965.--One-half of the limitation applicable under paragraph (3) for any calendar year shall be allocated among the States in proportion to the respective amounts each such State received for basic grants under subpart 2 of part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6331 et seq.) for the most recent fiscal year ending before such calendar year. ``(C) Allocation on basis of total elementary and secondary school age population.--One-half of the limitation applicable under paragraph (3) for any calendar year shall be allocated among the States in proportion to the respective numbers of children in each State who have attained age 5 but not age 18 for the most recent fiscal year ending before such calendar year. ``(D) Minimum allocations to states.-- ``(i) In general.--The Secretary shall adjust the allocations under this paragraph for any calendar year for each State to the extent necessary to ensure that the amount allocated to such State under this paragraph for such year is not less than an amount equal to such State's minimum percentage of one-half of the amount to be allocated under subparagraph (A) for the calendar year. ``(ii) Minimum percentage.--A State's minimum percentage for any calendar year is the minimum percentage described in section 1124(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6334(d)) for such State for the most recent fiscal year ending before such calendar year. ``(E) Allocations to certain possessions.--The amount to be allocated under subparagraph (A) to any possession of the United States other than Puerto Rico shall be the amount which would have been allocated if all allocations under subparagraph (A) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under subparagraph (A) shall be reduced by the aggregate amount allocated under this subparagraph to possessions of the United States. ``(F) Approved state application.--For purposes of subparagraph (A), the term `approved State application' means an application which is approved by the Secretary of Education and which includes-- ``(i) the results of a recent publicly- available survey (undertaken by the State with the involvement of local education officials, members of the public, and experts in school construction and management) of such State's needs for public school facilities, including descriptions of-- ``(I) health and safety problems at such facilities, ``(II) the capacity of public schools in the State to house projected enrollments, and ``(III) the extent to which the public schools in the State offer the physical infrastructure needed to provide a high-quality education to all students, and ``(ii) a description of how the State will allocate to local educational agencies, or otherwise use, its allocation under this subsection to address the needs identified under subparagraph (A), including a description of how it will-- ``(I) give high priority to localities with the greatest needs, as demonstrated by inadequate school facilities coupled with a low level of resources to meet those needs, ``(II) use its allocation under this subsection to assist localities that lack the fiscal capacity to issue bonds on their own, ``(III) ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such allocation, and ``(IV) ensure that the needs of both rural and urban areas are recognized. Any allocation under subparagraph (A) by a State education agency shall be binding if such agency reasonably determined that the allocation was in accordance with the plan approved under this subparagraph. ``(5) Carryover of unused limitation.--If for any calendar year-- ``(A) the amount allocated under paragraph (4) to any State, exceeds ``(B) the amount of bonds issued during such year which are designated under paragraph (1) pursuant to such allocation, the limitation amount under paragraph (4) for such State for the following calendar year shall be increased by the amount of such excess. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed under subsection (a) for any taxable year shall not exceed the excess of-- ``(A) the sum of the regular tax liability (as defined in section 26(b)) plus the tax imposed by section 55, over ``(B) the sum of the credits allowable under part IV of subchapter A (other than subpart C thereof, relating to refundable credits). ``(2) Carryover of unused credit.--If the credit allowable under subsection (a) exceeds the limitation imposed by paragraph (1) for such taxable year, such excess shall be carried to the succeeding taxable year and added to the credit allowable under subsection (a) for such taxable year. ``(e) Other Definitions.--For purposes of this section-- ``(1) Credit allowance date.--The term `credit allowance date' means-- ``(A) March 15, ``(B) June 15, ``(C) September 15, and ``(D) December 15. Such term includes the last day on which the bond is outstanding. ``(2) Local educational agency.--The term `local educational agency' has the meaning given to such term by section 14101 of the Elementary and Secondary Education Act of 1965. Such term includes the local educational agency that serves the District of Columbia but does not include any other State agency. ``(3) Bond.--The term `bond' includes any obligation. ``(4) State.--The term `State' includes the District of Columbia and any possession of the United States. ``(5) Public school facility.--The term `public school facility' shall not include-- ``(A) any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public, or ``(B) any facility which is not owned by a State or local government or any agency or instrumentality of a State or local government. ``(f) Credit Included in Gross Income.--Gross income includes the amount of the credit allowed to the taxpayer under this section (determined without regard to subsection (d)) and the amount so included shall be treated as interest income. ``(g) Bonds Held by Regulated Investment Companies.--If any qualified school construction bond is held by a regulated investment company, the credit determined under subsection (a) shall be allowed to shareholders of such company under procedures prescribed by the Secretary. ``(h) Credits May be Stripped.--Under regulations prescribed by the Secretary-- ``(1) In general.--There may be a separation (including at issuance) of the ownership of a qualified school construction bond and the entitlement to the credit under this section with respect to such bond. In case of any such separation, the credit under this section shall be allowed to the person who on the credit allowance date holds the instrument evidencing the entitlement to the credit and not to the holder of the bond. ``(2) Certain rules to apply.--In the case of a separation described in paragraph (1), the rules of section 1286 shall apply to the qualified school construction bond as if it were a stripped bond and to the credit under this section as if it were a stripped coupon. ``(i) Treatment for Estimated Tax Purposes.--Solely for purposes of sections 6654 and 6655, the credit allowed by this section to a taxpayer by reason of holding a qualified school construction bond on a credit allowance date shall be treated as if it were a payment of estimated tax made by the taxpayer on such date. ``(j) Credit May Be Transferred.--Nothing in any law or rule of law shall be construed to limit the transferability of the credit allowed by this section through sale and repurchase agreements. ``(k) Reporting.--Issuers of qualified school construction bonds shall submit reports similar to the reports required under section 149(e). ``(l) Termination.--This section shall not apply to any bond issued after December 31, 2004.'' (b) Reporting.--Subsection (d) of section 6049 of such Code (relating to returns regarding payments of interest) is amended by adding at the end the following new paragraph: ``(8) Reporting of credit on qualified school construction bonds.-- ``(A) In general.--For purposes of subsection (a), the term `interest' includes amounts includible in gross income under section 30B(f) and such amounts shall be treated as paid on the credit allowance date (as defined in section 30B(e)(1)). ``(B) Reporting to corporations, etc.--Except as otherwise provided in regulations, in the case of any interest described in subparagraph (A) of this paragraph, subsection (b)(4) of this section shall be applied without regard to subparagraphs (A), (H), (I), (J), (K), and (L)(i). ``(C) Regulatory authority.--The Secretary may prescribe such regulations as are necessary or appropriate to carry out the purposes of this paragraph, including regulations which require more frequent or more detailed reporting.'' (c) Conforming Amendments.-- (1) Subchapter U of chapter 1 of such Code is amended by striking part IV, by redesignating part V as part IV, and by redesignating section 1397F as section 1397E. (2) The table of parts of subchapter U of chapter 1 of such Code is amended by striking the last 2 items and inserting the following item: ``Part IV. Regulations.'' (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 30B. Credit to holders of qualified public school construction bonds.'' (d) Effective Date.--The amendments made by this section shall apply to obligations issued after December 31, 1999. SEC. 4. APPLICATION OF CERTAIN LABOR STANDARDS ON CONSTRUCTION PROJECTS FINANCED UNDER PUBLIC SCHOOL CONSTRUCTION PROGRAM. Section 439 of the General Education Provisions Act (relating to labor standards) is amended-- (1) by inserting ``(a)'' before ``All laborers and mechanics'', and (2) by adding at the end the following: ``(b)(1) For purposes of this section, the term `applicable program' also includes the qualified zone academy bond provisions enacted by section 226 of the Taxpayer Relief Act of 1997 and the program established by section 3 of the America's Better Classrooms Act of 1999. ``(2) A State or local government participating in a program described in paragraph (1) shall-- ``(A) in the awarding of contracts, give priority to contractors with substantial numbers of employees residing in the local education area to be served by the school being constructed; and ``(B) include in the construction contract for such school a requirement that the contractor give priority in hiring new workers to individuals residing in such local education area. ``(3) In the case of a program described in paragraph (1), nothing in this subsection or subsection (a) shall be construed to deny any tax credit allowed under such program. If amounts are required to be withheld from contractors to pay wages to which workers are entitled, such amounts shall be treated as expended for construction purposes in determining whether the requirements of such program are met.''. SEC. 5. EMPLOYMENT AND TRAINING ACTIVITIES RELATING TO CONSTRUCTION OR RECONSTRUCTION OF PUBLIC SCHOOL FACILITIES. (a) In General.--Section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864) is amended by adding at the end the following: ``(f) Local Employment and Training Activities Relating to Construction or Reconstruction of Public School Facilities.-- ``(1) In general.--In order to provide training services related to construction or reconstruction of public school facilities receiving funding assistance under an applicable program, each State shall establish a specialized program of training meeting the following requirements: ``(A) The specialized program provides training for jobs in the construction industry. ``(B) The program is designed to provide trained workers for projects for the construction or reconstruction of public school facilities receiving funding assistance under an applicable program. ``(C) The program is designed to ensure that skilled workers (residing in the area to be served by the school facilities) will be available for the construction or reconstruction work. ``(2) Coordination.--The specialized program established under paragraph (1) shall be integrated with other activities under this Act, with the activities carried out under the National Apprenticeship Act of 1937 by the State Apprenticeship Council or through the Bureau of Apprenticeship and Training in the Department of Labor, as appropriate, and with activities carried out under the Carl D. Perkins Vocational and Technical Education Act of 1998. Nothing in this subsection shall be construed to require services duplicative of those referred to in the preceding sentence. ``(3) Applicable program.--In this subsection, the term `applicable program' has the meaning given the term in section 439(b) of the General Education Provisions Act (relating to labor standards).''. (b) State Plan.--Section 112(b)(17)(A) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)(17)(A)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) by redesignating clause (iv) as clause (v); and (3) by inserting after clause (iii) the following: ``(iv) how the State will establish and carry out a specialized program of training under section 134(f); and''. <all>

usgpo

2024-06-24T03:05:36.024959

BILLS-106hr1756ih

Brownfield Redevelopment and Environmental Revitalization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1756 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1756 To provide for comprehensive brownfields assessment, cleanup, and redevelopment. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 11, 1999 Mr. Franks of New Jersey (for himself, Mr. Meehan, Mr. Hoeffel, Mr. Brown of Ohio, Mr. Maloney of Connecticut, and Mr. Capuano) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, and Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for comprehensive brownfields assessment, cleanup, and redevelopment. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Brownfield Redevelopment and Environmental Revitalization Act of 1999''. SEC. 2. TABLE OF CONTENTS. The table of contents is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings and purpose. TITLE I--FINANCIAL SUPPORT FOR BROWNFIELD SITE REMEDIATION Sec. 101. Grants for inventories, site assessments, and other pre- cleanup activities. Sec. 102. Grants for revolving loan programs. Sec. 103. Environmental cleanup grants. Sec. 104. Limitations on use of funds. Sec. 105. Effect on other laws. Sec. 106. Regulations. Sec. 107. Authorizations of appropriations. TITLE II--FINANCIAL SUPPORT FOR BROWNFIELD SITE PREVENTION AND REDEVELOPMENT Sec. 201. Environmental remediation tax credit. Sec. 202. Brownfields IRA. Sec. 203. Issuance of bond to finance tax-exempt environmental remediation of contaminated sites. Sec. 204. Small business administration set-aside for brownfield prevention and redevelopment projects under section 504 development company program. Sec. 205. Promotion of small business investment companies for brownfield activities. SEC. 3. FINDINGS AND PURPOSE. (a) Findings.--Congress finds the following: (1) Abandoned and underutilized commercial and industrial property is often avoided by investors and developers because of real or perceived contamination on-site. (2) Reuse of these sites requires pre-cleanup assistance as well as financial support for redevelopment activities. (b) Purpose.--The purpose of this Act is to provide public sector support for brownfield redevelopment and to further enable the private sector to invest and conduct cleanup and redevelopment activities. TITLE I--FINANCIAL SUPPORT FOR BROWNFIELD SITE REMEDIATION SEC. 101. GRANTS FOR INVENTORIES, SITE ASSESSMENTS, AND OTHER PRE- CLEANUP ACTIVITIES. (a) In General.--The Administrator shall establish a program to award grants to States and local governments to inventory brownfield sites and to conduct site assessments and other pre-cleanup activities relating to such sites, including site identification, site characterization, and the planning and design of response actions for such sites. (b) Scope of Program.-- (1) Grant awards.--To carry out subsection (a), the Administrator may, on approval of an application, provide financial assistance to a State or local government. (2) Grant application.--An application for a grant under this section shall include, to the extent practicable, each of the following: (A) An identification of the brownfield sites for which assistance is sought and a description of the effect of the brownfield sites on the community. (B) A description of the need of the applicant for Federal financial assistance to inventory brownfield sites and to conduct site assessments or other pre- cleanup activities at such sites. (C) A demonstration of the potential of the grant assistance to stimulate economic development or create recreational space. (D) A description of the local commitment as of the date of the application, which shall include a community involvement plan that demonstrates meaningful community involvement. (E) A plan that shows how the site identification, site assessment, or other pre-cleanup activities will be implemented. (F) A statement on the long-term benefits of the proposed project. (G) Such other factors as the Administrator considers relevant to carry out this title. (3) Approval of application.-- (A) In general.--In making a decision whether to approve an application under paragraph (1), the Administrator shall-- (i) consider the need of the State or local government for Federal financial assistance to carry out this section; (ii) consider the ability of the applicant to carry out or ensure an inventory, site assessment, or other pre-cleanup activity under this section; and (iii) consider such other factors as the Administrator considers relevant to carry out this section. (B) Grant conditions.--As a condition of awarding a grant under this section, the Administrator may, on the basis of the criteria considered under subparagraph (A), attach such conditions to the grant as the Administrator determines appropriate. (4) Grant amount.--The amount of a grant awarded to any State or local government under subsection (a) for inventory, site assessment, and other pre-cleanup activities with respect to 1 or more brownfield sites shall not exceed $200,000, except that the Administrator may increase the amount in special circumstances as determined by the Administrator. (5) Termination of grants.--If the Administrator determines that a State or local government that receives a grant under this subsection is in violation of a condition of a grant referred to in paragraph (3)(B), the Administrator may terminate the grant made to the State or local government and require full or partial repayment of the grant. SEC. 102. GRANTS FOR REVOLVING LOAN PROGRAMS. (a) In General.-- (1) Establishment.--The Administrator shall establish a program to award grants to be used by States and local governments to capitalize revolving loan funds for the cleanup of brownfield sites. (2) Loans.--The loans may be provided by the local government, or by the State on behalf of a local government, to finance cleanups of brownfield sites by the local government, or by an owner or a prospective purchaser of a brownfield site (including a local government) at which a cleanup is being conducted or is proposed to be conducted. (b) Scope of Program.-- (1) In general.-- (A) Grants.--In carrying out subsection (a), the Administrator may award a grant to a State or local government that submits an application to the Administrator that is approved by the Administrator. (B) Use of grant.--The grant shall be used by the State or local government to capitalize a revolving loan fund to be used for cleanup of one or more brownfield sites. (C) Grant application.--An application for a grant under this section shall be in such form as the Administrator determines appropriate. The application shall include the following: (i) Evidence that the grant applicant has the financial controls and resources to administer a revolving loan fund in accordance with this title. (ii) Provisions that-- (I) ensure that the grant applicant has the ability to monitor the use of funds provided to loan recipients under this title; (II) ensure that any cleanup conducted by the applicant is protective of human health and the environment; and (III) ensure that any cleanup funded under this Act will comply with all laws that apply to the cleanup. (iii) Identification of the criteria to be used by the State or local government in providing for loans under the program. The criteria shall include the financial standing of the applicants for the loans, the use to which the loans will be put, the provisions to be used to ensure repayment of the loan funds, the proposed method and anticipated period of time required to clean up the environmental contamination at the brownfield site, and such other criteria as the Administrator considers appropriate. (2) Grant approval.--In determining whether to award a grant under this section, the Administrator shall consider-- (A) the need of the local government for financial assistance to clean up brownfield sites that are the subject of the application, taking into consideration the financial resources available to the local government; (B) the ability of the State or local government to ensure that the applicants repay the loans in a timely manner; (C) the extent to which the cleanup of the brownfield site or sites would reduce health and environmental risks caused by the release of hazardous substances, pollutants, or contaminants at, or from, the brownfield site or sites; (D) the demonstrable potential of the brownfield site or sites for stimulating economic development or creation of recreational areas on completion of the cleanup; (E) the demonstrated ability of the grant recipient to administer such a loan program; (F) the demonstrated experience of the local government regarding brownfield sites and the reuse of contaminated land, including whether the government has received any grant under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) to assess brownfield sites, except that applicants who have not previously received such a grant may be considered for awards under this section; (G) the efficiency of having the loan administered by the level of government represented by the applicant entity; (H) the experience of administering any loan programs by the entity, including the loan repayment rates; (I) the demonstrations made regarding the ability of the local government to ensure a fair distribution of grant funds among brownfield sites within the jurisdiction of the local government; and (J) such other factors as the Administrator considers relevant to carry out this section. (3) Grant amount.--The amount of a grant made to an applicant under this section shall not exceed $500,000, except that the Administrator may increase the amount in special circumstances as determined by the Administrator. (4) Revolving loan fund approval.--Each application for a grant to capitalize a revolving loan fund under this section shall, as a condition of approval by the Administrator, include a written statement by the local government that cleanups to be funded under the loan program of the local government shall be conducted under the auspices of, and in compliance with, the State voluntary response program or State Superfund program or Federal authority. (c) Grant Agreements.--Each grant under this section for a revolving loan fund shall be made pursuant to a grant agreement. At a minimum, the grant agreement shall include provisions that ensure the following: (1) Compliance with law.--The local government will include in all loan agreements a requirement that the loan recipient shall comply with all laws applicable to the cleanup and shall ensure that the cleanup is protective of human health and the environment. (2) Repayment.--The State or local government will require repayment of the loan consistent with this title. (3) Use of funds.--The State or local government will use the funds solely for purposes of establishing and capitalizing a loan program in accordance with this title and of cleaning up the environmental contamination at the brownfield site or sites. (4) Repayment of funds.--The State or local government will require in each loan agreement, and take necessary steps to ensure, that the loan recipient will use the loan funds solely for the purposes stated in paragraph (3), and will require the return of any excess funds immediately on a determination by the appropriate local official that the cleanup has been completed. (5) Nontransferability.--The funds will not be transferable, unless the Administrator agrees to the transfer in writing. (6) Liens.-- (A) Definitions.--In this paragraph, the terms ``security interest'' and ``purchaser'' have the meanings given the terms in section 6323(h) of the Internal Revenue Code of 1986. (B) Liens.--A lien in favor of the grant recipient shall arise on the contaminated property subject to a loan under this section. (C) Coverage.--The lien shall cover all real property included in the legal description of the property at the time the loan agreement provided for in this section is signed, and all rights to the property, and shall continue until the terms and conditions of the loan agreement have been fully satisfied. (D) Timing.--The lien shall-- (i) arise at the time a security interest is appropriately recorded in the real property records of the appropriate office of the State, county, or other governmental subdivision, as designated by State law, in which the real property subject to the lien is located; and (ii) be subject to the rights of any purchaser, holder of a security interest, or judgment lien creditor whose interest is or has been perfected under applicable State law before the notice has been filed in the appropriate office of the State, county, or other governmental subdivision, as designated by State law, in which the real property subject to the lien is located. (7) Notice to state.--When a local government is a grant recipient, the local government will notify the State in which the local government is located of the receipt of the grant and of the identity of recipients of loans made under the revolving loan fund. (d) Audits.-- (1) In general.--The Inspector General of the Environmental Protection Agency shall audit a portion of the grants awarded under this section to ensure that all funds are used for the purposes set forth in this section. (2) Future grants.--The result of the audit shall be taken into account in awarding any future grants to the local government. (e) Authority To Award Grants to States.--The Administrator may award a grant to a State under the program established under this section at the request of a local government in the State if the Administrator determines that a grant to the State is necessary in order to facilitate the receipt of funds by one or more local governments that otherwise do not have the capabilities, such as personnel and other resources, to manage grants under the program. SEC. 103. ENVIRONMENTAL CLEANUP GRANTS. (a) Expenditures From the Superfund.--Amounts in the Hazardous Substance Superfund established by section 9507 of the Internal Revenue Code of 1986 shall be made available consistent with, and for the purposes of carrying out, the grant programs established under sections 101 and 102. (b) Authority To Award Grants.--There is authorized to be appropriated from the Hazardous Substance Superfund for grants to local governments under sections 101 and 102, $45,000,000 for each of fiscal years 2000 through 2002. SEC. 104. LIMITATIONS ON USE OF FUNDS. (a) Excluded Facilities.--(1) A grant for site inventory and assessment under section 101 or to capitalize a revolving loan fund under section 102 may not be used for any activity involving-- (A) a facility or portion of a facility that is the subject of a response action (including a facility or portion of a facility with respect to which a record of decision, other than a no-action record of decision, has been issued) under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), unless a preliminary assessment, site investigation, or response action has been completed at such facility or portion of a facility and the President has decided not to take further response action at such facility or portion of a facility; (B) a facility included, or proposed for inclusion, on the National Priorities List maintained by the President under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (C) an NPL-caliber facility, as defined in paragraph (2); (D) a facility that is subject to corrective action under section 3004(u) or 3008(h) of the Solid Waste Disposal Act (42 U.S.C. 6924(u) or 6928(h)) to which a corrective action permit or order has been issued or modified to require the implementation of corrective measures; (E) any land disposal unit with respect to which a closure notification under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) has been submitted and closure requirements have been specified in a closure plan or permit; (F) a facility at which there has been a release of a polychlorinated biphenyl and that is subject to the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); (G) a facility with respect to which an administrative or judicial order or decree requiring cleanup has been issued or entered into by the President under-- (i) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (iii) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (iv) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); or (v) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); (H) the portion of a facility at which assistance for response activities may be obtained under subtitle I of the Solid Waste Disposal Act (42 U.S.C. 6991 et seq.) from the Leaking Underground Storage Tank Trust Fund established by section 9508 of the Internal Revenue Code of 1986; and (I) a facility owned or operated by a department, agency, or instrumentality of the United States, except for land held in trust by the United States for an Indian tribe. (2) For purposes of paragraph (1), the term ``NPL-caliber facility'' means a facility for which the President, in consultation with the State concerned, has prepared or is preparing a hazardous ranking system scoring package or that satisfies such other definition as the Administrator may promulgate by regulation. The term does not include a facility for which the President-- (A) has obtained a score under the hazardous ranking system; and (B) based on that score, has made a determination not to list on the National Priorities List. (3) Notwithstanding paragraph (1), the President may, on a facility-by-facility basis, allow a grant under section 101 or section 102 to be used for an activity involving any facility listed in subparagraph (D), (E), (F), (G)(ii), (G)(iii), (G)(iv), (G)(v), (H), or (I) of paragraph (1). In the case of a facility listed in subparagraph (I), the President may use the authority in the preceding sentence only if the facility is not a facility described in subparagraph (A), (B), (C), or (G)(i). (b) Fines and Cost-Sharing.--A grant made under this title may not be used to pay any fine or penalty owed to a State or the Federal Government, or to meet any Federal cost-sharing requirement. (c) Other Limitations.-- (1) In general.--Funds made available to a local government under the grant programs established under section 101 shall be used only to inventory and assess brownfield sites as authorized by this title. Funds made available to a local government under the grant programs established under section 102 shall be used only for capitalizing a revolving loan fund as authorized by this title. (2) Responsibility for cleanup action.--Funds made available under this title may not be used to relieve a local government of the commitment or responsibilities of the local government under State law to assist or carry out cleanup actions at brownfield sites. SEC. 105. EFFECT ON OTHER LAWS. Nothing in this title changes, modifies, or otherwise affects the liability of any person or the obligations imposed or authorities provided under any other law or regulation, including-- (1) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); (2) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); (3) the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); (4) the Toxic Substances Control Act (15 U.S.C. 2601 et seq.); and (5) the Safe Drinking Water Act (42 U.S.C. 300f et seq.). SEC. 106. REGULATIONS. (a) In General.--The Administrator may issue such regulations as are necessary to carry out this title. (b) Procedures and Standards.--The regulations shall include such procedures and standards as the Administrator considers necessary, including procedures and standards for evaluating an application for a grant or loan submitted under this title. SEC. 107. AUTHORIZATIONS OF APPROPRIATIONS. (a) Site Assessment Program.--There is authorized to be appropriated to carry out section 101 $15,000,000 for each of fiscal years 2000 through 2002. (b) Economic Redevelopment Assistance Program.--There is authorized to be appropriated to carry out section 102 $30,000,000 for each of fiscal years 2000 through 2002. (c) Availability of Funds.--The amounts appropriated under this section shall remain available until expended. TITLE II--FINANCIAL SUPPORT FOR BROWNFIELD SITE PREVENTION AND REDEVELOPMENT SEC. 201. ENVIRONMENTAL REMEDIATION TAX CREDIT. (a) General Rule.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits allowable) is amended by adding at the end thereof the following new subpart: ``Subpart H--Environmental Remediation Credit ``Sec. 54. Amount of environmental remediation credit. ``Sec. 54A. Definitions and special rules. ``SEC. 54. AMOUNT OF ENVIRONMENTAL REMEDIATION CREDIT. ``(a) General Rule.--For purposes of section 38, the environmental remediation credit determined under this section is 50 percent of the costs-- ``(1) which are paid or incurred by the taxpayer for environmental remediation with respect to any qualified contaminated site which is owned by the taxpayer, and ``(2) which are incurred by the taxpayer pursuant to an environmental remediation plan for such site which was approved by the Administrator of the Environmental Protection Agency or by the head of any State or local government agency designated by the Administrator to carry out the Administrator's functions under this subpart with respect to such site. ``(b) Remediation Plan Must Be Completed.-- ``(1) In general.--Except as otherwise provided in paragraph (2)-- ``(A) no environmental remediation credit shall be determined under this section with respect to any qualified contaminated site unless the Administrator of the Environmental Protection Agency (or such Administrator's designee under subsection (a)(2)) certifies the environmental remediation plan for such site has been completed, and ``(B) if such Administrator (or designee) certifies that such plan has been completed, such credit shall be taken into account under subsection (a) ratably over the 5 taxable year period beginning with the taxable year in which such plan was completed. ``(2) Special rule where extraordinary cost increases.-- If-- ``(A) the taxpayer determines that due to unforeseen circumstances the cost of completing the remediation plan for any qualified contaminated site exceeds 200 percent of the estimated costs of completing such plan, and ``(B) the State or local official administering the remediation credit program agrees with such determination, the taxpayer may cease the implementation of such plan and shall be entitled to an environmental remediation credit with respect to costs incurred before such cessation. Such credit shall be taken into account under subsection (a) ratably over the 5-taxable-year period beginning with the taxable year in which such cessation occurs. ``(c) Certain Parties Not Eligible.-- ``(1) In general.--A taxpayer shall not be eligible for any credit determined under this section with respect to any qualified contaminated site if-- ``(A) at any time on or before the date of the enactment of this subpart, such taxpayer was the owner or operator of any business on such site, ``(B) at any time before, on, or after such date of enactment such taxpayer-- ``(i) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(ii) had accepted any hazardous materials for transport to such site, or ``(C) the taxpayer is related to any taxpayer referred to in subparagraph (A) or (B). ``(2) Exceptions.-- ``(A) Acquisition of business or site by foreclosure, etc.--Paragraph (1) shall not apply to a taxpayer who became described therein by reason of the acquisition of the business or site through foreclosure (or the equivalent) of a security interest held by the taxpayer or a related party if the taxpayer undertakes to sell or otherwise dispose of such business or site in a reasonably expeditious manner on commercially reasonable terms. ``(B) Use of site remediated by taxpayer.-- Subparagraph (B) of paragraph (1) shall not apply to a taxpayer with respect to any site if-- ``(i) the only actions described in such subparagraph of the taxpayer (or a related person) with respect to such site occur after such taxpayer (or person) carry out an environmental remediation plan for such site (and the completion of such plan is certified under subsection (b)(1)), and ``(ii) such actions are part of a bona fide manufacturing process (or other industrial activity at such site) of such taxpayer (or person) which complies with all Federal environmental laws and regulations. ``(d) Qualified Contaminated Site.--For purposes of this subpart, the term `qualified contaminated site' means any contaminated site if-- ``(1) the condition of the contaminated site is such that without participation in the environmental remediation credit program redevelopment is unlikely, ``(2) there is a strong likelihood of redevelopment of the site for industrial or commercial use that will result in creation of jobs and expansion of the tax base, and ``(3) environmental remediation and redevelopment are likely to be completed within a reasonable period of time. ``SEC. 54A. DEFINITIONS AND SPECIAL RULES. ``(a) Contaminated Site.--For purposes of this subpart-- ``(1) In general.--The term `contaminated site' means any site if at least 1 of the following environmental conditions is present on such site: ``(A) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(B) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(C) Any illegal disposal of solid waste. ``(2) Hazardous, toxic, or dangerous substance.--Any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) as in effect on the date of the enactment of this section, or ``(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.) as so in effect. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, and lead paint. ``(b) Environmental Remediation.--For purposes of this subpart, the term `environmental remediation' means-- ``(1) removal or remediation activity in accordance with the plan approved under section 54(a)(2), ``(2) restoration of natural, historic or cultural resources at the site, or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(3) health assessments or health effects studies related to the site, ``(4) remediation of off-site contamination caused by activity on the site (other than remediation activities of a type not permitted for the site), and ``(5) any other costs specified in the plan approved under section 54(a)(2), including demolition of existing contaminated structures, site security, permit fees necessary for remediation, and environmental audits. ``(c) Related Person.--For purposes of this subpart, persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). ``(d) Coordination With Expensing of Environmental Remediation Costs.--The costs taken into account under section 54(a) do not include any costs for which an election is in effect under section 198.''. (b) Credit Made Part of General Business Credit.--Subsection (b) of section 38 of such Code is amended by striking ``plus'' at the end of paragraph (11), by striking the period at the end of paragraph (12) and inserting ``, plus'', and by adding at the end thereof the following new paragraph: ``(13) the environmental remediation credit under section 54(a).''. (c) Limitation on Carryback.--Subsection (d) of section 39 of such Code is amended by adding at the end thereof the following new paragraph: ``(9) No carryback of environmental remediation credit before effective date.--No portion of the unused business credit for any taxable year which is attributable to the credit under section 54 may be carried back to a taxable year beginning on or before the date of the enactment of section 54.''. (d) Deduction for Unused Credit.--Subsection (c) of section 196 of such Code is amended by striking ``and'' at the end of paragraph (7), by striking the period at the end of paragraph (8) and inserting ``, and'', and by adding at the end thereof the following new paragraph: ``(9) the environmental remediation credit determined under section 54.''. (e) Clerical Amendment.--The table of subparts for part IV of subchapter A of chapter 1 of such Code is amended by adding at the end thereof the following new item: ``Subpart H. Environmental remediation credit.''. (f) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 202. BROWNFIELDS IRA. (a) In General.--Subpart C of part II of subchapter E of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 468B the following new section: ``SEC. 468C. SPECIAL RULES FOR HAZARDOUS WASTE REMEDIATION RESERVES. ``(a) In General.--There shall be allowed as a deduction for any taxable year the amount of payments made by the taxpayer to a Hazardous Waste Remediation Reserve (hereinafter referred to as the `Reserve') during such taxable year. ``(b) Limitation on Amounts Paid Into Reserve.--The amount which a taxpayer may pay into the Reserve for any taxable year shall not exceed the lesser of-- ``(1) $5,000,000, or ``(2) the excess (if any) of $5,000,000 over the amount paid into the Reserve for all prior taxable years. ``(c) Income and Deductions of the Taxpayer.-- ``(1) Inclusion of amounts distributed.--There shall be includible in the gross income of the taxpayer for any taxable year-- ``(A) any amount distributed from the Reserve during such taxable year, and ``(B) any deemed distribution under subsection (e). ``(2) Deduction when economic performance occurs.--In addition to any deduction under subsection (a), there shall be allowable as a deduction for any taxable year the amount of the qualified hazardous waste costs with respect to which economic performance (within the meaning of section 461(h)(2)) occurs during such taxable year. ``(d) Hazardous Waste Remediation Reserve.-- ``(1) In general.--For purposes of this section, the term `Hazardous Waste Remediation Reserve' means a reserve established by the taxpayer for purposes of this section. ``(2) Reserve exempt from taxation.--Any Hazardous Waste Remediation Reserve is exempt from taxation under this subtitle unless such Reserve has ceased to be a Hazardous Waste Remediation Reserve by reason of subsection (e). Notwithstanding the preceding sentence, any such Reserve shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(3) Contributions to reserve.--The Reserve shall not accept any payments (or other amounts) other than payments with respect to which a deduction is allowable under subsection (a). ``(4) Use of reserve.--The Reserve shall be used exclusively to pay the qualified hazardous waste costs of the taxpayer. ``(5) Prohibitions against self-dealing.--Under regulations prescribed by the Secretary, for purposes of section 4951 (and so much of this title as relates to such section), the Reserve shall be treated in the same manner as a trust described in section 501(c)(21). ``(e) Deemed Distributions.-- ``(1) Disqualification of reserve for self-dealing.--In any case in which a Reserve violates any provision of this section or section 4951, the Secretary may disqualify such Reserve from the application of this section. In any case to which this paragraph applies, the Reserve shall be treated as having distributed all of its funds on the date such determination takes effect. ``(2) Failure to spend funds.--A Reserve shall be treated as having distributed all of its funds-- ``(A) on the date which is 10 years after the date such Reserve was established unless, as of such date-- ``(i) it has been determined that some property of the taxpayer is contaminated with hazardous waste, and ``(ii) a remediation plan has been prepared for such site, and ``(B) except as otherwise provided by the Secretary, on the date which is 10 years after the date such Reserve was established unless, as of such date, it is reasonably anticipated that the remaining funds in the Reserve will be distributed before the date which is 15 years after the date such Reserve was established. ``(f) Penalty for Distributions Not Used for Qualified Hazardous Waste Costs.--The tax imposed by this chapter for any taxable year in which any amount distributed from a Reserve is not used exclusively to pay qualified hazardous waste costs shall be increased by 10 percent of such amount. ``(g) Qualified Hazardous Waste Costs.--For purposes of this section, the term `qualified hazardous waste costs' means-- ``(1) the costs paid or incurred by the taxpayer in connection with the assessment of-- ``(A) the extent of the environmental contamination of a site which is owned by the taxpayer, and ``(B) the expected cost of environmental remediation required for such site, and ``(2) the costs paid or incurred by the taxpayer to remediate such contamination. ``(h) Controlled Groups.--All persons treated as a single employer under subsection (a) or (b) of section 52 shall be treated as one person for purposes of subsection (b), and the dollar amount contained in such subsection shall be allocated among such persons in such manner as the Secretary shall prescribe. ``(i) Time When Payments Deemed Made.--For purposes of this section, a taxpayer shall be deemed to have made a payment to the Reserve on the last day of a taxable year if such payment is made on account of such taxable year and is made within 2\1/2\ months after the close of such taxable year.''. (b) Clerical Amendment.--The table of sections for subpart C of part II of subchapter E of chapter 1 of such Code is amended by inserting after the item relating to section 468B the following new item: ``Sec. 468C. Special rules for hazardous waste remediation reserves.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 203. ISSUANCE OF BOND TO FINANCE TAX-EXEMPT ENVIRONMENTAL REMEDIATION OF CONTAMINATED SITES. (a) In General.--Subsection (e) of section 141 of the Internal Revenue Code of 1986 (defining qualified bond) is amended by striking ``or'' at the end of subparagraph (F), by redesignating subparagraph (G) as subparagraph (H), and by inserting after subparagraph (F) the following new subparagraph: ``(G) a qualified contaminated site remediation bond, or''. (b) Qualified Contaminated Site Remediation Bond.--Section 144 of such Code is amended by adding at the end thereof the following new subsection: ``(d) Qualified Contaminated Site Remediation Bond.--For purposes of this part-- ``(1) In general.--The term `qualified contaminated site remediation bond' means any bond issued as part of an issue 95 percent or more of the proceeds of which are to finance-- ``(A) the acquisition of a qualified contaminated site, or ``(B) the costs of environmental remediation with respect to such a site which is owned by the person incurring such costs. ``(2) Limitations.-- ``(A) In general.--Such term shall not include any bond issued to provide financing with respect to a qualified contaminated site if-- ``(i) any amount of such financing is provided directly or indirectly to any ineligible person, ``(ii) less than 60 percent of the amount of the financing so provided with respect to such site is for costs described in paragraph (1)(B), or ``(iii) the amount of the financing so provided to acquire such site exceeds the excess of-- ``(I) the fair market value of the site after the completion of the environmental remediation, over ``(II) the amount of the financing so provided with respect to such site for costs described in paragraph (1)(B). ``(B) Ineligible person.--For purposes of subparagraph (A), a person is an ineligible person with respect to any site if-- ``(i) at any time on or before the date of the enactment of this subsection such person was the owner or operator of any business on such site, ``(ii) at any time before, on, or after such date of enactment such person-- ``(I) had (by contract, agreement, or otherwise) arranged for the disposal or treatment of any hazardous materials at such site or arranged with a transporter for transport for disposal or treatment of any hazardous materials at such site, or ``(II) had accepted any hazardous materials for transport to such site, or ``(iii) the person is related to any person referred to in clause (i) or (ii). ``(C) Related person.--For purposes of this paragraph, persons shall be treated as related to each other if such persons are treated as a single employer under the regulations prescribed under section 52(b) or such persons bear a relationship to each other specified in section 267(b) or 707(b). ``(3) Restriction on land acquisition not to apply.-- Section 147(c) shall not apply to any qualified contaminated site remediation bond. ``(4) Qualified contaminated site.-- ``(A) In general.--For purposes of this subsection, the term `qualified contaminated site' means any site if the appropriate agency certifies that at least 1 of the following environmental conditions is present on such site: ``(i) A release or threatened release of any hazardous, toxic, or dangerous substance. ``(ii) Any storage tanks which contain any hazardous, toxic, or dangerous substance. ``(iii) Any illegal disposal of solid waste. Such term shall not include any site listed on the National Priorities List under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980. ``(B) Appropriate agency.--For purposes of subparagraph (A), the appropriate agency is-- ``(i) the agency of the State in which the site is located which is designated by the Administrator of the Environmental Protection Agency for purposes of this paragraph, or ``(ii) if the agency described in clause (i) designates an agency of the local government in which the site is located for purposes of this paragraph, such local government agency. ``(5) Hazardous, toxic, or dangerous substance.--For purposes of this subsection, any substance, waste, or material shall be treated as a hazardous, toxic, or dangerous substance if it is so treated under-- ``(A) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.), ``(B) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or ``(C) any State or local environmental law or ordinance. The following materials shall in any event be treated as such a substance: petroleum or crude oil or any derivative thereof, friable asbestos or any asbestos containing material, polychlorinated biphenyls, or urea formaldehyde foam insulation. ``(6) Environmental remediation.--For purposes of this subsection, the term `environmental remediation' means-- ``(A) removal or remediation activity, including soil and ground water remediation, ``(B) restoration of natural, historic, or cultural resources at the site or the mitigation of unavoidable losses of such resources incurred in connection with the remediation or response activity, ``(C) health assessments or health effects studies, ``(D) environmental investigations, ``(E) remediation of off-site contamination caused by activity on the site, and ``(F) any other costs reasonably required by reason of the environmental conditions of the site including demolition of existing contaminated structures, site security, and permit fees necessary for remediation.''. (c) Clerical Amendments.--The section heading for section 144 of such Code is amended by inserting before the period ``; qualified contaminated site remediation bond''. SEC. 204. SMALL BUSINESS ADMINISTRATION SET-ASIDE FOR BROWNFIELD PREVENTION AND REDEVELOPMENT PROJECTS UNDER SECTION 504 DEVELOPMENT COMPANY PROGRAM. Section 504 of the Small Business Investment Act of 1958 (15 U.S.C. 697a) is amended by adding at the end the following new subsection: ``(c) Set-Aside for Brownfield Prevention and Redevelopment Projects.-- ``(1) Purpose.--The purpose of this subsection is to make capital available to small, polluting industries, or to the prospective purchasers of such industries, that have limited or no access to capital from conventional sources for the purposes of assessing and cleaning up their sites and facilities or acquiring new, clean technologies and production equipment. ``(2) Set-aside.--The Administration shall set aside the lesser of $50,000,000 or 10 percent of the amount available for the development company program in a fiscal year for local development companies to use to finance projects that-- ``(A) assist existing businesses to carry out site assessment and cleanup activities; or ``(B) assist prospective new business owners or operators to carry out site assessment and cleanup activities in order to facilitate the transition to new ownership or encourage industrial succession. ``(3) Definition.--In this subsection, the term `site assessment', with respect to a brownfield site, means any investigation of the site determined appropriate by the President and undertaken pursuant to section 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9604(b)).''. SEC. 205. PROMOTION OF SMALL BUSINESS INVESTMENT COMPANIES FOR BROWNFIELD ACTIVITIES. Title III of the Small Business Investment Act of 1958 (15 U.S.C. 681 et seq.) is amended by adding at the end the following new section: ``SEC. 321. SMALL BUSINESS INVESTMENT COMPANIES FOR BROWNFIELD ACTIVITIES. ``(a) Promotion of Certain Small Business Investment Companies.-- The Administration shall promote the formation of one or more small business investment companies devoted to-- ``(1) brownfield site cleanup activities, including those that use innovative or experimental cleanup technologies; or ``(2) projects that help existing companies clean up their facilities and adopt new, clean technologies. ``(b) Authority To Waive Certain Fee.--For any small business investment company described in subsection (a), the Administration may waive the filing fee usually imposed by the Administration. ``(c) Set-Aside.--The Small Business Administration shall set aside the lesser of $2,000,000 or 10 percent of the amount available for the small business investment company program under this title to use to provide leverage to any small business investment company described in subsection (a). ``(d) Definition.--In this section, the term `brownfield site' means an abandoned, idled, or underused commercial or industrial facility, the expansion or redevelopment of which is complicated by real or perceived environmental contamination.''. <all>

usgpo

2024-06-24T03:05:36.040221

BILLS-106hr1765ih

Veterans' Compensation Cost-of- Living Adjustment Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1765 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1765 To increase, effective as of December 1, 1999, the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Stump (for himself, Mr. Evans, Mr. Quinn, and Mr. Filner) introduced the following bill; which was referred to the Committee on Veterans' Affairs _______________________________________________________________________ A BILL To increase, effective as of December 1, 1999, the rates of disability compensation for veterans with service-connected disabilities and the rates of dependency and indemnity compensation for survivors of certain service-connected disabled veterans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Cost-of- Living Adjustment Act of 1999''. SEC. 2. INCREASE IN RATES OF DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION. (a) Rate Adjustment.--The Secretary of Veterans Affairs shall, effective on December 1, 1999, increase the dollar amounts in effect for the payment of disability compensation and dependency and indemnity compensation by the Secretary, as specified in subsection (b). (b) Amounts To Be Increased.--The dollar amounts to be increased pursuant to subsection (a) are the following: (1) Compensation.--Each of the dollar amounts in effect under section 1114 of title 38, United States Code. (2) Additional compensation for dependents.--Each of the dollar amounts in effect under sections 1115(1) of such title. (3) Clothing allowance.--The dollar amount in effect under section 1162 of such title. (4) New dic rates.--The dollar amounts in effect under paragraphs (1) and (2) of section 1311(a) of such title. (5) Old dic rates.--Each of the dollar amounts in effect under section 1311(a)(3) of such title. (6) Additional dic for surviving spouses with minor children.--The dollar amount in effect under section 1311(b) of such title. (7) Additional dic for disability.--The dollar amounts in effect under sections 1311(c) and 1311(d) of such title. (8) DIC for dependent children.--The dollar amounts in effect under sections 1313(a) and 1314 of such title. (c) Determination of Increase.--(1) The increase under subsection (a) shall be made in the dollar amounts specified in subsection (b) as in effect on November 30, 1999. (2) Except as provided in paragraph (3), each such amount shall be increased by the same percentage as the percentage by which benefit amounts payable under title II of the Social Security Act (42 U.S.C. 401 et seq.) are increased effective December 1, 1999, as a result of a determination under section 215(i) of such Act (42 U.S.C. 415(i)). (3) Each dollar amount increased pursuant to paragraph (2) shall, if not a whole dollar amount, be rounded down to the next lower whole dollar amount. (d) Special Rule.--The Secretary may adjust administratively, consistent with the increases made under subsection (a), the rates of disability compensation payable to persons within the purview of section 10 of Public Law 85-857 (72 Stat. 1263) who are not in receipt of compensation payable pursuant to chapter 11 of title 38, United States Code. SEC. 3. PUBLICATION OF ADJUSTED RATES. At the same time as the matters specified in section 215(i)(2)(D) of the Social Security Act (42 U.S.C. 415(i)(2)(D)) are required to be published by reason of a determination made under section 215(i) of such Act during fiscal year 1999, the Secretary of Veterans Affairs shall publish in the Federal Register the amounts specified in subsection (b) of section 2, as increased pursuant to that section. <all>

usgpo

2024-06-24T03:05:36.167744

BILLS-106hr1764ih

Veterans' Compensation Equity Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1764 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1764 To amend title 10, United States Code, to provide limited authority for concurrent receipt of military retired pay and veterans' disability compensation in the case of certain disabled military retirees who are over the age of 65. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Evans (for himself, Mr. Bilirakis, Mr. Filner, Mr. Gutierrez, Ms. Brown of Florida, Ms. Carson, Mr. Reyes, Mr. Rodriguez, Mr. Shows, Mr. Meehan, Mr. Oberstar, Ms. Rivers, Mr. Farr of California, Ms. McKinney, Mr. Green of Texas, Mr. Pomeroy, Mr. Frost, and Ms. Kilpatrick) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 10, United States Code, to provide limited authority for concurrent receipt of military retired pay and veterans' disability compensation in the case of certain disabled military retirees who are over the age of 65. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans' Compensation Equity Act of 1999''. SEC. 2. LIMITED AUTHORITY FOR CONCURRENT RECEIPT OF MILITARY RETIRED PAY AND VETERANS' DISABILITY COMPENSATION BY CERTAIN DISABLED MILITARY RETIREES. (a) In General.--(1) Chapter 71 of title 10, United States Code, is amended by adding at the end the following new section: ``Sec. 1413. Concurrent receipt of retired pay and veterans' disability compensation ``(a) The prohibition on concurrent award of veterans' disability compensation and retired pay set forth in section 5304(a)(1) of title 38 does not apply in the case of a person who has a service-connected disability if-- ``(1) the person has completed at least 20 years of service in the uniformed services that are creditable for purposes of computing the amount of retired pay to which the person is entitled; ``(2) the disability was incurred or aggravated in the performance of duty as a member of a uniformed service, as determined by the Secretary concerned; and ``(3) the person has attained the age of 65. ``(b) The amount of retired pay paid in accordance with subsection (a) concurrently with the payment of disability compensation to any person for any month shall be the following amount (which shall be in addition to any amount of retired pay to which that person is otherwise entitled under any other provision of law): ``(1) In the case of a person who has attained age 65 but not age 70, 50 percent of the amount of disability compensation payable to that person for that month. ``(2) In the case of a person who has attained age 70, 100 percent of the amount of disability compensation payable to that person for that month. ``(c) Notwithstanding section 1463(a) of this title, retired pay paid for a fiscal year to a retired or former member of the Army, Navy, Air Force, or Marine Corps in accordance with subsection (a) concurrently with the payment of disability compensation to that individual shall be paid out of funds appropriated for the Department of Defense for that fiscal year. ``(d) In this section: ``(1) The terms `compensation' and `service-connected' have the meanings given those terms in section 101 of title 38. ``(2) The term `retired pay' includes retainer pay, emergency officers' retirement pay, and naval pension.''. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ``1413. Concurrent receipt of retired pay and veterans' disability compensation.''. (b) Effective Date.--Section 1413 of title 10, United States Code, as added by subsection (a), shall take effect on October 1, 1998, and shall apply to months that begin on or after that date. (c) Prohibition of Retroactive Benefits.--No benefit may be paid to any person by reason of section 1413 of title 10, United States Code, as added by subsection (a), for any period before the effective date specified in subsection (b). <all>

usgpo

2024-06-24T03:05:36.346101

BILLS-106hr1767ih

To amend the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code of 1986, and to apply the wage requirements of the Davis-Bacon Act to projects financed with such bonds.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1767 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1767 To amend the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code of 1986, and to apply the wage requirements of the Davis-Bacon Act to projects financed with such bonds. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Andrews introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Elementary and Secondary Education Act of 1965 to provide for the allocation of any limitation imposed on school construction bonds with respect to which the holders are allowed a credit under the Internal Revenue Code of 1986, and to apply the wage requirements of the Davis-Bacon Act to projects financed with such bonds. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. ALLOCATION OF NATIONAL LIMITATION ON QUALIFIED SCHOOL CONSTRUCTION BONDS; APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH BONDS. (a) In General.--Title XII of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8501 et seq.) is amended-- (1) by redesignating sections 12004 through 12013 as sections 12101 through 12110, respectively; (2) by inserting before section 12101 (as so redesignated) the following: ``PART A--GRANTS FOR IMPROVEMENT OF PUBLIC ELEMENTARY AND SECONDARY EDUCATION FACILITIES''; and (3) by adding at the end the following: ``PART B--QUALIFIED SCHOOL CONSTRUCTION BONDS ``SEC. 12201. ALLOCATION WITH RESPECT TO QUALIFIED SCHOOL CONSTRUCTION BONDS. ``(a) Qualified School Construction Bond.-- ``(1) In general.--For purposes of this part, the term `qualified school construction bond' means any bond issued as part of an issue if-- ``(A) a taxpayer who holds the bond is allowed a credit under the Internal Revenue Code of 1986; ``(B) 95 percent or more of the proceeds of such issue are to be used for the construction, rehabilitation, or repair of a public school facility; ``(C) the bond is issued by a State or local government within the jurisdiction of which such school is located; and ``(D) the issuer designates such bond for purposes of this section and the Internal Revenue Code of 1986. ``(2) Temporary period exception.--A bond shall not be treated as failing to meet the requirement of paragraph (1)(B) solely by reason of the fact that the proceeds of the issue of which such bond is a part are invested for a reasonable temporary period (but not more than 36 months) until such proceeds are needed for the purpose for which such issue was issued. Any earnings on such proceeds during such period shall be treated as proceeds of the issue for purposes of applying paragraph (1)(B). ``(b) National Limitation on Amount of Bonds Designated.--In any case in which there is imposed a national limitation on the maximum aggregate face amount of bonds issued during any calendar year which may be designated as qualified school construction bonds, such limitation shall be allocated in accordance with this section. ``(c) One-Third of Limitation Allocated Among States.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated among the States under paragraph (2) by the Secretary. The limitation amount allocated to a State under the preceding sentence shall be allocated by the State educational agency to issuers within such State and such allocations may be made only if there is an approved State application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among the States in proportion to the respective amounts each such State received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. For purposes of the preceding sentence, Basic Grants attributable to large local educational agencies (as defined in subsection (d)), and Basic Grants attributable to high-growth local educational agencies (as defined in subsection (e)), shall be disregarded. ``(3) Minimum allocations to states.-- ``(A) In general.--The Secretary shall adjust the allocations under this subsection for any calendar year for each State to the extent necessary to ensure that the sum of-- ``(i) the amount allocated to such State under this subsection for such year; and ``(ii) the aggregate amounts allocated under subsections (d) and (e) to local educational agencies in such State for such year; is not less than an amount equal to such State's minimum percentage of one-third of the national qualified school construction bond limitation referred to in subsection (b) for the calendar year. ``(B) Minimum percentage.--A State's minimum percentage for any calendar year is the minimum percentage described in section 1124(d) for such State for the most recent fiscal year ending before such calendar year. ``(4) Allocations to certain possessions.--The amount to be allocated under paragraph (1) to any possession of the United States (as such term is used in the Internal Revenue Code of 1986) other than Puerto Rico shall be the amount which would have been allocated if all allocations under paragraph (1) were made on the basis of respective populations of individuals below the poverty line (as defined by the Office of Management and Budget). In making other allocations, the amount to be allocated under paragraph (1) shall be reduced by the aggregate amount allocated under this paragraph to possessions of the United States. ``(5) Approved state application.--For purposes of paragraph (1), the term `approved State application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly available survey (undertaken by the State with the involvement of local education officials, members of the public, and experts in school construction and management) of such State's needs for public school facilities, including descriptions of-- ``(i) health and safety problems at such facilities; ``(ii) the capacity of public schools in the State to house projected enrollments; and ``(iii) the extent to which the public schools in the State offer the physical infrastructure needed to provide a high-quality education to all students; and ``(B) a description of how the State will allocate to local educational agencies, or otherwise use, its allocation under this subsection to address the needs identified under subparagraph (A), including a description of how it will-- ``(i) give highest priority to localities with the greatest needs, as demonstrated by inadequate school facilities coupled with a low level of resources to meet those needs; ``(ii) use its allocation under this subsection to assist localities that lack the fiscal capacity to issue bonds on their own; and ``(iii) ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, and repair in the State that would have occurred in the absence of such allocation. Any allocation under paragraph (1) by a State education agency shall be binding if such agency reasonably determined that the allocation was in accordance with the plan approved under this paragraph. ``(d) One-Third of Limitation Allocated Among Largest School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are large local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a large local educational agency under the preceding sentence unless such agency has an approved local application. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among large local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) Large local educational agency.--For purposes of this section, the term `large local educational agency' means, with respect to a calendar year, any local educational agency (other than a high-growth local educational agency, as defined in subsection (e)) if such agency is-- ``(A) among the 100 local educational agencies with the largest numbers of children aged 5 through 17 from families living below the poverty level, as determined by the Secretary using the most recent data available from the Department of Commerce that are satisfactory to the Secretary; or ``(B) 1 of not more than 25 local educational agencies (other than those described in clause (i)) that the Secretary determines (based on the most recent data available satisfactory to the Secretary) are in particular need of assistance, based on a low level of resources for school construction, a high level of enrollment growth, or such other factors as the Secretary deems appropriate. ``(4) Approved local application.--For purposes of paragraph (1), the term `approved local application' means an application which is approved by the Secretary and which includes-- ``(A) the results of a recent publicly-available survey (undertaken by the local educational agency with the involvement of school officials, members of the public, and experts in school construction and management) of such agency's needs for public school facilities, including descriptions of-- ``(i) the overall condition of the local educational agency's school facilities, including health and safety problems; ``(ii) the capacity of the agency's schools to house projected enrollments; and ``(iii) the extent to which the agency's schools offer the physical infrastructure needed to provide a high-quality education to all students; ``(B) a description of how the local educational agency will use its allocation under this subsection to address the needs identified under subparagraph (A); and ``(C) a description of how the local educational agency will ensure that its allocation under this subsection is used only to supplement, and not supplant, the amount of school construction, rehabilitation, or repair in the locality that would have occurred in the absence of such allocation. A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(e) One-Third of Limitation Allocated Among High-Growth School Districts.-- ``(1) In general.--One-third of the limitation applicable under subsection (b) for any calendar year shall be allocated under paragraph (2) by the Secretary among local educational agencies which are high-growth local educational agencies for such year. No qualified school construction bond may be issued by reason of an allocation to a high-growth local educational agency under the preceding sentence unless such agency has an approved local application (as defined in subsection (d)(4)). A rule similar to the rule of the last sentence of subsection (c)(5) shall apply for purposes of this subsection. ``(2) Allocation formula.--The amount to be allocated under paragraph (1) for any calendar year shall be allocated among high-growth local educational agencies in proportion to the respective amounts each such agency received for Basic Grants under subpart 2 of part A of title I of this Act for the most recent fiscal year ending before such calendar year. ``(3) High-growth local educational agency.--For purposes of this section, the term `high-growth local educational agency' means, with respect to a calendar year, any local educational agency if-- ``(A) there has been at least a 7.5 percent increase in such agency's enrollment during the 5-year period ending with the preceding calendar year; and ``(B) such enrollment increase exceeds 150 students. ``(f) Carryover of Unused Limitation.--If for any calendar year-- ``(1) the amount allocated under subsection (c) to any State; exceeds ``(2) the amount of bonds issued during such year which are designated as qualified school construction bonds pursuant to such allocation; the limitation amount under such subsection for such State for the following calendar year shall be increased by the amount of such excess. A similar rule shall apply to the amounts allocated under subsections (d) and (e). ``(g) Other Definitions.--For purposes of this section: ``(1) Local educational agency.--The term `local educational agency' has the meaning given to such term by section 14101. Such term includes the local educational agency that serves the District of Columbia but does not include any other State agency. ``(2) Bond.--The term `bond' includes any obligation. ``(3) Public school facility.--The term `public school facility' shall not include any stadium or other facility primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public. ``SEC. 12202. APPLICATION OF DAVIS-BACON ACT TO PROJECTS FINANCED WITH QUALIFIED SCHOOL CONSTRUCTION BONDS. ``The wage requirements of the Act of March 3, 1931 (40 U.S.C. 276a et seq.) (commonly referred to as the `Davis-Bacon Act') shall apply with respect to individuals employed on school construction, rehabilitation, or repair projects financed with the proceeds from an issuance of qualified school construction bonds.''. (b) Conforming Amendments.--Title XII of such Act is amended-- (1) in sections 12101 through 12110 (as so redesignated), by striking ``this title'' each place it appears and inserting ``this part''; (2) in section 12101(a)(1) (as so redesignated)-- (A) by striking ``section 12013'' and inserting ``section 12110''; (B) by striking ``section 12005'' and inserting ``section 12102''; and (C) by striking ``section 12007'' and inserting ``section 12104''; (3) in section 12101(a)(2) (as so redesignated), by striking ``section 12013'' and inserting ``section 12110''; and (4) in section 12109(3)(C) (as so redesignated), by striking ``section 12006'' and inserting ``section 12103''. <all>

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2024-06-24T03:05:36.418524

BILLS-106hr1766ih

To amend the Internal Revenue Code of 1986 to increase the amount of the deduction allowed for meal and entertainment expenses associated with the performing arts.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1766 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1766 To amend the Internal Revenue Code of 1986 to increase the amount of the deduction allowed for meal and entertainment expenses associated with the performing arts. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Abercrombie 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 the deduction allowed for meal and entertainment expenses associated with the performing arts. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASE IN DEDUCTION FOR MEAL AND ENTERTAINMENT EXPENSES ASSOCIATED WITH THE PERFORMING ARTS. (a) In General.--Subsection (n) of section 274 of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended by adding at the end the following new paragraph: ``(4) Special rule for performing arts.-- ``(A) In general.--In the case of any amount paid or incurred for a ticket to a legitimate attraction of the performing arts, paragraph (1) shall be applied by substituting `80 percent of the first $60 of the face amount of the ticket and 50 percent of the remaining amount' for `50 percent of the amount'. ``(B) Legitimate attraction.--For purposes of subparagraph (A), the term `legitimate attraction' means any stage attraction performed in person by professional actors, dancers, or musicians, including plays, musicals, symphony concerts, stock company performances, and instrumental performances (including jazz, ballet, and operettas). Such term shall not include radio or television performances, vaudeville, burlesque, or any band performance.''. (b) Effective Date.--The amendment made by subsection (a) shall take effect for taxable years beginning after December 31, 1999. <all>

usgpo

2024-06-24T03:05:36.427440

BILLS-106hr1770ih

To amend title 5, United States Code, to revise the overtime pay limitation for Federal employees, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1770 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1770 To amend title 5, United States Code, to revise the overtime pay limitation for Federal employees, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Cummings (for himself, Mr. Davis of Virginia, and Mrs. Morella) introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL To amend title 5, United States Code, to revise the overtime pay limitation for Federal employees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited s the ``Federal Employees' Overtime Pay Limitation Amendments Act of 1999''. Sec. 2. (a) Title 5, United States Code, is amended-- (1) in section 5542(a)-- (A) by amending paragraph (2) to read as follows: ``(2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of-- ``(A) one and one-half times the minimum hourly rate of basic pay for GS-10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or ``(B) the hourly rate of basic pay of the employee, and all that amount is premium pay.''; and (B) by repealing paragraph (4); and (2) in section 5547-- (A) by amending subsection (a) to read as follows: ``(a) An employee may be paid premium pay under sections 5542, 5545(a), (b), and (c), 5545a, and 5546(a) and (b) only to the extent that the payment does not cause the aggregate rate of pay for any pay period for such employee to exceed the lesser of-- ``(1) 150 percent of the minimum rate of basic pay payable for GS-15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or ``(2) the rate payable for level V of the Executive Schedule.''; (B) by amending subsection (b)(2) to read as follows: ``(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the lesser of-- ``(A) 150 percent of the minimum rate of basic pay payable for GS-15 in effect at the end of such calendar year (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or ``(B) the rate payable for level V of the Executive Schedule in effect at the end of such calendar year.''; and (C) by amending subsection (c) to read as follows: ``(c) This section shall not apply to any employee of the Federal Aviation Administration or the Department of Defense who is paid premium pay under section 5546a of this title.''. (b) The amendments made by subsection (a) shall take effect on the first day of the first pay period beginning on or after 180 days following the date of enactment of this Act. <all>

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2024-06-24T03:05:36.460849

BILLS-106hr1769ih

To eliminate certain inequities in the Civil Service Retirement System and the Federal Employees' Retirement System with respect to the computation of benefits for law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, and their survivors, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1769 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1769 To eliminate certain inequities in the Civil Service Retirement System and the Federal Employees' Retirement System with respect to the computation of benefits for law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, and their survivors, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Cummings introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL To eliminate certain inequities in the Civil Service Retirement System and the Federal Employees' Retirement System with respect to the computation of benefits for law enforcement officers, firefighters, air traffic controllers, nuclear materials couriers, and their survivors, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the ``Federal Employees' Benefits Equity Act of 1999.'' civil service retirement system Sec. 2. (a) Section 8339 of title 5, United States Code, is amended-- (1) in subsection (d)(1)-- (A) by striking ``(d)(1)'' and inserting ``(d)(1)(A)''; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; and (C) by adding at the end the following new subparagraph: ``(B) If, at any age and after completing 20 years of service as a law enforcement officer, firefighter, or nuclear materials courier, or any combination of such service totaling at least 20 years, an employee retires under section 8336(d)(1) or 8337, the annuity of such employee shall be computed under subparagraph (A).''; (2) in subsection (e)-- (A) by striking ``(e)'' and inserting ``(e)(1)''; and (B) by adding at the end the following new paragraph: ``(2) If, at any age and after completing 20 years of service as an air traffic controller, an employee retires under section 8336(d)(1) or 8337, paragraph (1) shall be applied in computing the annuity of such employee.''; and (3) in subsection (q)-- (A) by striking ``(q)'' and inserting ``(q)(1)''; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively; and (C) by adding at the end the following new paragraph: ``(2) If, at any age and after completing 20 years of service as a member of the Capitol Police or as a law enforcement officer (or any combination of such service totaling at least 20 years), a member or former member of the Capitol Police retires under section 8336(d)(1) or 8337, the annuity of such member or former member shall be computed under paragraph (1).''. (b) Section 8341(d) of title 5, United States Code, is amended-- (1) by inserting the following immediately after the first sentence: ``For purposes of the preceding sentence, subsections (b)-(e) and (q) of section 8339 may be considered as applying with respect to the employee or Member only if the employee or Member satisfied the age and service requirements for application of such subsections to the employee or Member at the date of death. For this purpose, the decedent shall be deemed to have been disabled for purposes of retirement under section 8337 at the time of death.''; and (2) by striking ``Notwithstanding the preceding sentence'' and inserting ``Notwithstanding the first sentence of this subsection''. (c) Section 8342 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(k) When an employee-- ``(1) has service as a law enforcement officer, firefighter, nuclear materials courier, or member of the Capitol Police for which retirement deductions were withheld under section 8334(a) or deposited under section 8334(c) at a higher percentage rate than that applicable to employees generally; and ``(2)(A) begins to receive an annuity which is not computed under section 8339(d) or (q) and, in the case of a member of the Capitol Police, also does not have his or her service as a member of the Capitol Police credited in the computation of an annuity under section 8339(b) or (c); or ``(B) dies before retiring under this subchapter but who leaves a survivor entitled to an annuity under section 8341 based on the deceased employee's service, provided that-- ``(i) such survivor annuity is not based on an employee annuity computed under section 8339(d) or (q); and ``(ii) where the decedent was a member or former member of the Capitol Police, such survivor annuity is not based on an annuity computed under section 8339(b) or (c) which includes credit for service as a member of the Capitol Police-- the difference between the employee deductions for such service at the higher percentage rate and the employee deductions that would have been withheld at the rate applicable to employees generally under section 8334(a)(1), together with interest computed in accordance with paragraphs (2) and (3) of section 8334(e) and applicable regulations prescribed by the Office, shall be paid to the annuitant or, in the case of a deceased employee, to the individual entitled to a lump-sum benefit under subsection (c).''. federal employees' retirement system Sec. 3. (a) Section 8415(d) of title 5, United States Code, is amended to read as follows-- ``(d)(1) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 is-- ``(A) 1\7/10\ percent of that individual's average pay multiplied by so much of such individual's total service as a law enforcement officer, firefighter, member of the Capitol Police, nuclear materials courier, or air traffic controller as does not exceed 20 years; plus ``(B) 1 percent of that individual's average pay multiplied by the remainder of such individual's total service. ``(2) If, at any age and after completing 20 years of service as a law enforcement officer, firefighter, member of the Capitol Police, or nuclear materials courier, or any combination of such service totaling at least 20 years, an employee retires under section 8414(b)(1)(A) or 8451, the annuity of such employee shall be computed under paragraph (1). ``(3) If, at any age and after completing 20 years of service as an air traffic controller, an employee retires under section 8414(b)(1)(A) or 8451, the annuity of such employee shall be computed under paragraph (1).''. (b) Section 8424 of title 5, United States Code, is amended by adding at the end the following new subsection: ``(i) When an employee-- ``(1) has service as a law enforcement officer, firefighter, member of the Capitol Police, air traffic controller, or nuclear materials courier for which retirement deductions were withheld under section 8422(a) at a higher percentage rate than that applicable to employees generally; and ``(2)(A) begins to receive an annuity which is not computed under section 8415(d) and, in the case of a member of the Capitol Police, also does not have his or her service as a member of the Capitol Police credited in the computation of an annuity under section 8415(b) or (c); or ``(B) dies before having retired under this chapter but who leaves a survivor entitled to an annuity under subchapter IV based on the deceased employee's service provided that-- ``(i) such survivor annuity is not based on an employee annuity computed under section 8415(d); and ``(ii) where the decedent was a member or former member of the Capitol Police, such survivor annuity is not based on an annuity computed under section 8415 (b) or (c) which includes service as a member of the Capitol Police-- the difference between the employee deductions for such service at the higher percentage rate and the employee deductions that would have been withheld at the rate applicable to employees generally under section 8422(a)(2), together with interest computed in accordance with paragraphs (2) and (3) of section 8334(e) and applicable regulations prescribed by the Office, shall be paid to the annuitant or, in the case of a deceased employee, to the individual entitled to a lump-sum benefit under subsection (d).''. (c) Section 8442 of title 5, United States Code, is amended-- (1) in subsection (b)(1) by adding at the end the following: ``For purposes of the preceding sentence, section 8415(b)-(d) and (g) may be considered as applying with respect to the employee or Member only if the employee or Member satisfied the age and service requirements for application of such subsections to the employee or Member at the date of death. For this purpose, the decedent shall be deemed to have been disabled for purposes of retirement under section 8451 at the time of death.''; and (2) in subsection (c)(2)(A)(i) by striking ``section 8415'' and inserting ``section 8415, but without regard to subsection (d) of such section,''. effective dates Sec. 4. (a)(1) Except as provided in paragraph (2), the amendments made by sections 2(a) and 3(a) shall take effect on the date of enactment of this Act and shall apply only with respect to individuals who separate from the service on or after such date of enactment. (2) Notwithstanding paragraph (1), a survivor annuity based on the service of a law enforcement officer who died as an employee after October 19, 1969, or a firefighter who died as an employee after August 13, 1972, shall be computed as if the amendments made by section 2(a)(1) had been in effect as of the commencing date of such survivor annuity. However, any such survivor annuity commencing before the date of enactment of this Act shall be adjusted, retroactive to the commencing date of annuity, only upon application by the survivor annuitant. (b) The amendments made by section 2(b) shall take effect on the date of enactment of this Act, and also, in the case of an individual whose death occurred prior to such date of enactment, shall apply effective at the commencing date of the annuity to any annuity payable under section 8341(d) of title 5, United States Code, or similar predecessor provisions of law applicable to survivor annuities based on the service of employees or Members who died before retiring. (c) The amendments made by sections 2(c) and 3(b) shall take effect on the date of enactment of this Act and shall apply only with respect to individuals who separate from the service or die in service on or after such date of enactment. (d) The amendments made by section (3)(c) shall take effect on January 1, 1987. <all>

usgpo

2024-06-24T03:05:36.496976

BILLS-106hr1772ih

Notch Baby Health Care Relief Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1772 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1772 To amend the Internal Revenue Code of 1986 to allow a refundable credit to certain senior citizens for premiums paid for coverage under Medicare Part B. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mrs. Emerson introduced 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 consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to allow a refundable credit to certain senior citizens for premiums paid for coverage under Medicare Part B. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Baby Health Care Relief Act''. SEC. 2. PREMIUMS PAID BY CERTAIN SENIOR CITIZENS FOR MEDICARE PART B. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. PREMIUMS PAID BY CERTAIN SENIOR CITIZENS FOR MEDICARE PART B. ``(a) Allowance of Credit.--In the case of an eligible individual, there shall be allowed as a credit against the tax imposed by this subtitle for the taxable year an amount equal to the aggregate premiums paid under section 1840 of the Social Security Act by the taxpayer during the taxable year for enrollment of the eligible individual under part B of title XVIII of such Act. ``(b) Eligible Individual.--For purposes of subsection (a), the term `eligible individual' means-- ``(1) an individual born after 1916 and before 1927 who had wages or self-employment income credited for one or more years prior to 1979 and who was not eligible for an old-age or disability insurance benefit, and did not die, prior to January 1979, ``(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 PENALTY. (a) In General.--Section 1839(b) of the Social Security 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 subsection 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 beginning after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:36.556261

BILLS-106hr1771ih

Notch Baby Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1771 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1771 To amend title II of the Social Security Act to provide for an improved benefit computation formula for workers affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who attain age 65 during the 10-year period after 1981 and before 1992 (and related beneficiaries) and to provide prospectively for increases in their benefits accordingly. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mrs. Emerson introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend title II of the Social Security Act to provide for an improved benefit computation formula for workers affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who attain age 65 during the 10-year period after 1981 and before 1992 (and related beneficiaries) and to provide prospectively for increases in their benefits accordingly. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Notch Baby Act of 1999''. SEC. 2. NEW GUARANTEED MINIMUM PRIMARY INSURANCE AMOUNT WHERE ELIGIBILITY ARISES DURING TRANSITIONAL PERIOD. Section 215(a) of the Social Security Act is amended-- (1) in paragraph (4)(B), by inserting ``(with or without the application of paragraph (8))'' after ``would be made''; and (2) by adding at the end the following: ``(8)(A) In the case of an individual described in paragraph (4)(B) (subject to subparagraph (F) of this paragraph) who becomes eligible for old-age insurance benefits after 1978 and before 1989, the amount of the individual's primary insurance amount as computed or recomputed under paragraph (1) shall be deemed equal to the sum of-- ``(i) such amount, and ``(ii) the applicable transitional increase amount (if any). ``(B) For purposes of subparagraph (A)(ii), the term `applicable transitional increase amount' means, in the case of any individual, the product derived by multiplying-- ``(i) the excess under former law, by ``(ii) the applicable percentage in relation to the year in which the individual becomes eligible for old-age insurance benefits, as determined by the following table: ``If the individual becomes eligible for The applicable such benefits in: percentage is: 1979 or 1980....................... 60 percent 1981 or 1982....................... 35 percent 1983 or 1984....................... 30 percent 1985 or 1986....................... 25 percent 1987 or 1988....................... 10 percent. ``(C) For purposes of subparagraph (B), the term `excess under former law' means, in the case of any individual, the excess of-- ``(i) the applicable former law primary insurance amount, over ``(ii) the amount which would be such individual's primary insurance amount if computed or recomputed under this section without regard to this paragraph and paragraphs (4), (5), and (6). ``(D) For purposes of subparagraph (C)(i), the term `applicable former law primary insurance amount' means, in the case of any individual, the amount which would be such individual's primary insurance amount if it were-- ``(i) computed or recomputed (pursuant to paragraph (4)(B)(i)) under section 215(a) as in effect in December 1978, or ``(ii) computed or recomputed (pursuant to paragraph (4)(B)(ii)) as provided by subsection (d), (as applicable) and modified as provided by subparagraph (E). ``(E) In determining the amount which would be an individual's primary insurance amount as provided in subparagraph (D)-- ``(i) subsection (b)(4) shall not apply; ``(ii) section 215(b) as in effect in December 1978 shall apply, except that section 215(b)(2)(C) (as then in effect) shall be deemed to provide that an individual's `computation base years' may include only calendar years in the period after 1950 (or 1936 if applicable) and ending with the calendar year in which such individual attains age 61, plus the 3 calendar years after such period for which the total of such individual's wages and self-employment income is the largest; and ``(iii) subdivision (I) in the last sentence of paragraph (4) shall be applied as though the words `without regard to any increases in that table' in such subdivision read `including any increases in that table'. ``(F) This paragraph shall apply in the case of any individual only if such application results in a primary insurance amount for such individual that is greater than it would be if computed or recomputed under paragraph (4)(B) without regard to this paragraph.''. SEC. 3. EFFECTIVE DATE AND RELATED RULES. (a) Applicability of Amendments.-- (1) In general.--Except as provided in paragraph (2), the amendments made by this Act shall be effective as though they had been included or reflected in section 201 of the Social Security Amendments of 1977. (2) Prospective applicability.--No monthly benefit or primary insurance amount under title II of the Social Security Act shall be increased by reason of such amendments for any month before January 2000. (b) Recomputation To Reflect Benefit Increases.--In any case in which an individual is entitled to monthly insurance benefits under title II of the Social Security Act for December 1999, if such benefits are based on a primary insurance amount computed-- (1) under section 215 of such Act as in effect (by reason of the Social Security Amendments of 1977) after December 1978, or (2) under section 215 of such Act as in effect prior to January 1979 by reason of subsection (a)(4)(B) of such section (as amended by the Social Security Amendments of 1977), the Commissioner of Social Security (notwithstanding section 215(f)(1) of the Social Security Act) shall recompute such primary insurance amount so as to take into account the amendments made by this Act. <all>

usgpo

2024-06-24T03:05:36.727770

BILLS-106hr1774ih

Illegal Alien Employment Disincentive Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1774 Introduced in House (IH)] 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 Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Illegal Alien Employment Disincentive Act of 1999''. SEC. 2. NOT COUNTING WORK EXPERIENCE AS AN UNAUTHORIZED ALIEN FOR PURPOSES OF ADMISSION AS A WORKER. (a) For Admission as an Employment-Based Immigrant.--Section 203(b) of the Immigration and Nationality 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 employment 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, except that work experience described in subparagraph (B) shall not be considered work experience 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 nonimmigrant status; and ``(ii) with respect to which (and during the period for which) the alien relied in good faith on an otherwise valid work authorization, issued to the alien notwithstanding the alien's failure to pursue a full course of study.''. (b) For Classification as an H-1B Nonimmigrant.--Section 214 of such Act (8 U.S.C. 1184) is amended by adding at the end the following new subsection: ``(n) Work experience obtained in employment 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 in determining eligibility to be classified as a nonimmigrant 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. <all>

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2024-06-24T03:05:36.902047

BILLS-106hr1777ih

Emergency Ambulance Services Access Assurance Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1777 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1777 To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to assure access to covered emergency hospital services and emergency ambulance services under a prudent layperson test under group health plans and health insurance coverage. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Upton (for himself, Mr. Towns, and Mrs. Emerson) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to assure access to covered emergency hospital services and emergency ambulance services under a prudent layperson test under group health plans and health insurance coverage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Emergency Ambulance Services Access Assurance Act of 1999''. SEC. 2. ASSURING ACCESS TO EMERGENCY SERVICES. (a) Group Health Plans.-- (1) Public health service act amendments.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARD RELATING TO ACCESS TO EMERGENCY SERVICES AND EMERGENCY AMBULANCE SERVICES. ``(a) Coverage of Emergency Services.-- ``(1) In general.--If a group health plan, or health insurance coverage offered in connection with a health insurance issuer, provides any benefits with respect to emergency services (as defined in paragraph (2)(B)), the plan or issuer shall cover emergency services furnished under the plan or coverage-- ``(A) without the need for any prior authorization determination; ``(B) whether or not the health care provider furnishing such services is a participating provider with respect to such services; ``(C) in a manner so that, if such services are provided to a participant, beneficiary, or enrollee by a nonparticipating health care provider without prior authorization by the plan or issuer, the participant, beneficiary, or enrollee is not liable for amounts that exceed the amounts of liability that would be incurred if the services were provided by a participating health care provider with prior authorization by the plan or issuer; and ``(D) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under section 2701 of this Act, section 701 of the Employee Retirement Income Security Act of 1974, or section 9801 of the Internal Revenue Code of 1986, and other than applicable cost-sharing). ``(2) Definitions.--In this section: ``(A) Emergency medical condition based on prudent layperson standard.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act. ``(B) Emergency services.--The term `emergency services' means-- ``(i) a medical screening examination (as required under section 1867 of the Social Security Act) that is within the capability of the emergency department of a hospital, including ancillary services routinely available to the emergency department to evaluate an emergency medical condition (as defined in subparagraph (A)), and ``(ii) within the capabilities of the staff and facilities available at the hospital, such further medical examination and treatment as are required under section 1867 of such Act to stabilize the patient. ``(C) Nonparticipating.--The term `nonparticipating' means, with respect to a health care provider that provides health care items and services to a participant, beneficiary, or enrollee under group health plan or health insurance coverage, a health care provider that is not a participating health care provider with respect to such items and services. ``(D) Participating.--The term `participating' means, with respect to a health care provider that provides health care items and services to a participant, beneficiary, or enrollee under group health plan or health insurance coverage offered by a health insurance issuer, a health care provider that furnishes such items and services under a contract or other arrangement with the plan or issuer. ``(b) Coverage of Emergency Ambulance Services.-- ``(1) In general.--If a group health plan, or health insurance coverage offered in connection with a group health plan by a health insurance issuer, provides any benefits with respect to ambulance services and emergency services, the plan or issuer shall cover emergency ambulance services (as defined in paragraph (2))) furnished under the plan or coverage under the same terms and conditions under subparagraphs (A) through (D) of subsection (a)(1) under which coverage is provided for emergency services. ``(2) Emergency ambulance services.--For purposes of this subsection, the term `emergency ambulance services' means ambulance services (as defined for purposes of section 1861(s)(7) of the Social Security Act) furnished to transport an individual who has an emergency medical condition (as defined in subsection (a)(2)(A)) to a hospital for the receipt of emergency services (as defined in subsection (a)(2)(B)) in a case in which the emergency services are covered under the plan or coverage pursuant to subsection (a)(1) and a prudent layperson, with an average knowledge of health and medicine, could reasonably expect that the absence of such transport would result in placing the health of the individual in serious jeopardy, serious impairment of bodily function, or serious dysfunction of any bodily organ or part. ``(c) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (2) Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)) is amended by striking ``section 2704'' and inserting ``sections 2704 and 2707''. (3) ERISA amendments.--(A) Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARD RELATING TO ACCESS TO EMERGENCY SERVICES AND EMERGENCY AMBULANCE SERVICES. ``(a) Coverage of Emergency Services.-- ``(1) In general.--If a group health plan, or health insurance coverage offered in connection with a health insurance issuer, provides any benefits with respect to emergency services (as defined in paragraph (2)(B)), the plan or issuer shall cover emergency services furnished under the plan or coverage-- ``(A) without the need for any prior authorization determination; ``(B) whether or not the health care provider furnishing such services is a participating provider with respect to such services; ``(C) in a manner so that, if such services are provided to a participant, beneficiary, or enrollee by a nonparticipating health care provider without prior authorization by the plan or issuer, the participant, beneficiary, or enrollee is not liable for amounts that exceed the amounts of liability that would be incurred if the services were provided by a participating health care provider with prior authorization by the plan or issuer; and ``(D) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under section 2701 of the Public Health Service Act, section 701 of this Act, or section 9801 of the Internal Revenue Code of 1986, and other than applicable cost-sharing). ``(2) Definitions.--In this section: ``(A) Emergency medical condition based on prudent layperson standard.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act. ``(B) Emergency services.--The term `emergency services' means-- ``(i) a medical screening examination (as required under section 1867 of the Social Security Act) that is within the capability of the emergency department of a hospital, including ancillary services routinely available to the emergency department to evaluate an emergency medical condition (as defined in subparagraph (A)), and ``(ii) within the capabilities of the staff and facilities available at the hospital, such further medical examination and treatment as are required under section 1867 of such Act to stabilize the patient. ``(C) Nonparticipating.--The term `nonparticipating' means, with respect to a health care provider that provides health care items and services to a participant, beneficiary, or enrollee under group health plan or health insurance coverage, a health care provider that is not a participating health care provider with respect to such items and services. ``(D) Participating.--The term `participating' means, with respect to a health care provider that provides health care items and services to a participant, beneficiary, or enrollee under group health plan or health insurance coverage offered by a health insurance issuer, a health care provider that furnishes such items and services under a contract or other arrangement with the plan or issuer. ``(b) Coverage of Emergency Ambulance Services.-- ``(1) In general.--If a group health plan, or health insurance coverage offered in connection with a group health plan by a health insurance issuer, provides any benefits with respect to ambulance services and emergency services, the plan or issuer shall cover emergency ambulance services (as defined in paragraph (2))) furnished under the plan or coverage under the same terms and conditions under subparagraphs (A) through (D) of subsection (a)(1) under which coverage is provided for emergency services. ``(2) Emergency ambulance services.--For purposes of this subsection, the term `emergency ambulance services' means ambulance services (as defined for purposes of section 1861(s)(7) of the Social Security Act) furnished to transport an individual who has an emergency medical condition (as defined in subsection (a)(2)(A)) to a hospital for the receipt of emergency services (as defined in subsection (a)(2)(B)) in a case in which the emergency services are covered under the plan or coverage pursuant to subsection (a)(1) and a prudent layperson, with an average knowledge of health and medicine, could reasonably expect that the absence of such transport would result in placing the health of the individual in serious jeopardy, serious impairment of bodily function, or serious dysfunction of any bodily organ or part. ``(c) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (B) Section 731(c) of such Act (29 U.S.C. 1191(c)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (C) The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standard relating to access to emergency services and emergency ambulance services.''. (4) Internal revenue code amendments.-- (A) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by inserting after section 9812 the following new section: ``SEC. 9813. STANDARD RELATING TO ACCESS TO EMERGENCY SERVICES AND EMERGENCY AMBULANCE SERVICES. ``(a) Coverage of Emergency Services.-- ``(1) In general.--If a group health plan provides any benefits with respect to emergency services (as defined in paragraph (2)(B)), the plan shall cover emergency services furnished under the plan-- ``(A) without the need for any prior authorization determination; ``(B) whether or not the health care provider furnishing such services is a participating provider with respect to such services; ``(C) in a manner so that, if such services are provided to a participant or beneficiary by a nonparticipating health care provider without prior authorization by the plan, the participant or beneficiary is not liable for amounts that exceed the amounts of liability that would be incurred if the services were provided by a participating health care provider with prior authorization by the plan; and ``(D) without regard to any other term or condition of such coverage (other than exclusion or coordination of benefits, or an affiliation or waiting period, permitted under section 2701 of the Public Health Service Act, section 701 of the Employee Retirement Income Security Act of 1974, or section 9801 of this Code, and other than applicable cost-sharing). ``(2) Definitions.--In this section: ``(A) Emergency medical condition based on prudent layperson standard.--The term `emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that a prudent layperson, who possesses an average knowledge of health and medicine, could reasonably expect the absence of immediate medical attention to result in a condition described in clause (i), (ii), or (iii) of section 1867(e)(1)(A) of the Social Security Act. ``(B) Emergency services.--The term `emergency services' means-- ``(i) a medical screening examination (as required under section 1867 of the Social Security Act) that is within the capability of the emergency department of a hospital, including ancillary services routinely available to the emergency department to evaluate an emergency medical condition (as defined in subparagraph (A)), and ``(ii) within the capabilities of the staff and facilities available at the hospital, such further medical examination and treatment as are required under section 1867 of such Act to stabilize the patient. ``(C) Nonparticipating.--The term `nonparticipating' means, with respect to a health care provider that provides health care items and services to a participant or beneficiary under group health plan, a health care provider that is not a participating health care provider with respect to such items and services. ``(D) Participating.--The term `participating' means, with respect to a health care provider that provides health care items and services to a participant or beneficiary under group health plan, a health care provider that furnishes such items and services under a contract or other arrangement with the plan. ``(b) Coverage of Emergency Ambulance Services.-- ``(1) In general.--If a group health plan provides any benefits with respect to ambulance services and emergency services, the plan shall cover emergency ambulance services (as defined in paragraph (2))) furnished under the coverage under the same terms and conditions under subparagraphs (A) through (D) of subsection (a)(1) under which coverage is provided for emergency services. ``(2) Emergency ambulance services.--For purposes of this subsection, the term `emergency ambulance services' means ambulance services (as defined for purposes of section 1861(s)(7) of the Social Security Act) furnished to transport an individual who has an emergency medical condition (as defined in subsection (a)(2)(A)) to a hospital for the receipt of emergency services (as defined in subsection (a)(2)(B)) in a case in which the emergency services are covered under the plan pursuant to subsection (a)(1) and a prudent layperson, with an average knowledge of health and medicine, could reasonably expect that the absence of such transport would result in placing the health of the individual in serious jeopardy, serious impairment of bodily function, or serious dysfunction of any bodily organ or part.''. (B) Clerical amendment.--The table of sections of such subchapter is amended by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standard relating to access to emergency services and emergency ambulance services.''. (b) Individual Health Insurance.--(1) Part B of title XXVII of the Public Health Service Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARD RELATING TO ACCESS TO EMERGENCY SERVICES AND EMERGENCY AMBULANCE SERVICES. ``(a) In General.--The provisions of subsections (a) and (b) of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as they apply to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (2) Section 2762(b)(2) of such Act (42 U.S.C. 300gg-62(b)(2)) is amended by striking ``section 2751'' and inserting ``sections 2751 and 2753''. (c) Effective Dates.-- (1) Group health plans and group health insurance coverage.--Subject to paragraph (3), the amendments made by subsection (a) apply with respect to group health plans for plan years beginning on or after January 1, 2000. (2) Individual health insurance coverage.--The amendments made by subsection (b) apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date. (3) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsection (a) shall not apply to plan years beginning before the later of-- (A) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (B) January 1, 2000. For purposes of subparagraph (A), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a) shall not be treated as a termination of such collective bargaining agreement. (4) Limitation on enforcement actions.--No enforcement action shall be taken, pursuant to the amendments made by this subsections (a) and (b), against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by such amendments, to the extent that violation or failure occurs before the date of issuance of regulations issued in connection with such requirement, if the plan or issuer has sought to comply in good faith with such requirement. (d) Coordination of Administration.--The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. <all>

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2024-06-24T03:05:36.924688

BILLS-106hr1778ih

Federal Election Law Integrity Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1778 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1778 To prohibit certain election-related activities by foreign nationals. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Gillmor (for himself, Mr. Tanner, Mrs. Kelly, Mr. Price of North Carolina, Mr. Duncan, Mr. Etheridge, Mr. Chabot, Mr. Clement, Mr. Hobson, Mrs. Tauscher, Mr. Franks of New Jersey, Mr. Gordon, Mr. Frelinghuysen, Mr. Minge, Mr. Taylor of North Carolina, Mr. Berry, Mr. Oxley, Mr. Pastor, Mr. Bryant, Mr. Kildee, Mr. Walden of Oregon, Mr. Goode, Mr. Houghton, Mr. Smith of Washington, Mr. Hefley, Mr. Phelps, Mr. Tancredo, and Ms. Stabenow) introduced the following bill; which was referred to the Committee on House Administration _______________________________________________________________________ A BILL To prohibit certain election-related activities by foreign nationals. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. 1. SHORT TITLE. This Act may be cited as the ``Federal Election Law Integrity Act of 1999''. SEC. 2. FINDINGS AND DECLARATIONS. Congress finds and declares that-- (1) Congress does not intend, and has never intended, to permit foreign nationals to make political contributions or donations to any candidate for local, state, or Federal public office in the United States or to any political party in the United States, directly or indirectly, or to support or participate in the activities of political committees established pursuant to the Federal Election Campaign Act of 1971; (2) to this end, section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) makes it ``unlawful for a foreign national directly or through another person to make any contribution of money or other thing of value . . . in connection with'' any election to political office or proceeding to select a political candidate; (3) despite this statutory prohibition, its applicability to certain donations by foreign nationals to accounts of political parties has recently been questioned; (4) on October 9, 1998, the United States District Court for the District of Columbia Circuit dismissed portions of a criminal indictment against Yah Lin Trie, in United States v. Yah Lin Trie, based on a judicial determination that the prohibition on political contributions by foreign nationals established by section 319 of the Federal Election Campaign Act does not clearly prohibit all political contributions by foreign nationals, particularly, donations by foreign nationals to United States political party accounts not made ``in connection with'' an election or primary; and (5) it is the intent of Congress and this Act to reaffirm that foreign nationals may not make any donation of money or other thing of value to any United States candidate, political committee or party account, directly or indirectly and whether or not made ``in connection with'' an election or primary. SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES BY FOREIGN NATIONALS. Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended-- (1) by redesignating subsection (b) as subsection (h); (2) by amending subsection (a) to read as follows: ``(a) It shall be unlawful for a foreign national directly or through any other person to make any contribution or donation, or to promise expressly or impliedly to make any such contribution or donation, to any candidate for political office, any political committee, or any organization or account created or controlled by any United States political party or candidate, including but not limited to contributions or donations made in connection with any election to any political office or in connection with any primary election, convention, or caucus held to select candidates for any political office.''; and (3) by inserting after subsection (a) the following new subsections: ``(b) It shall be unlawful for any person to solicit, accept, or receive any contribution or donation prohibited under subsection (a). ``(c) It shall be unlawful for any person organized under or created by the laws of the United States or of any State or other place subject to the jurisdiction of the United States to make any contribution to any candidate for political office, or to make any contribution or donation to any political committee or to any organization or account created or controlled by any United States political party, unless such contribution or donation (as the case may be) is derived solely from funds generated from such person's own business activities in the United States. ``(d) A foreign national shall not direct, dictate, control, or directly or indirectly participate in the decisionmaking process of any person organized under or created by the laws of the United States or any State or other place subject to the jurisdiction of the United States with regard to-- ``(1) any decisionmaking concerning the administration of a political committee; ``(2) the making of any contributions or expenditures to or on behalf of any candidate for political office; or ``(3) the making of any contributions, donations, or expenditures to or on behalf of any political committee, or to or on behalf of any organization or account created or controlled by any United States political party. ``(e) Nothing in this Act may be construed to prohibit any individual eligible to vote in an election for Federal office from making contributions, donations, or expenditures in support of a candidate for such an election (including voluntary contributions or expenditures made through a separate segregated fund established by the individual's employer or labor organization) or otherwise participating in any campaign for such an election in the same manner and to the same extent as any other individual eligible to vote in an election for such office. ``(f) As used in this section, the term `donation' means money or any other thing of value (other than a contribution) which is given to a candidate for public office, political committee, or organization or account created or controlled by any United States political party.''. <all>

usgpo

2024-06-24T03:05:36.934722

BILLS-106hr1779ih

Overseas Special Supplemental Food Program Amendments of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1779 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1779 To amend title 10, United States Code, to make changes to the overseas special supplemental food program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Goodling introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title 10, United States Code, to make changes to the overseas special supplemental food program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Overseas Special Supplemental Food Program Amendments of 1999''. SEC. 2. AMENDMENTS TO OVERSEAS SPECIAL SUPPLEMENTAL FOOD PROGRAM. (a) Program Required.--Subsection (a) of section 1060a of title 10, United States Code, is amended by striking ``Authority.--The Secretary of Defense may'' and inserting ``Program Required.--The Secretary of Defense shall''. (b) Funding Source.--Subsection (b) of such section is amended to read as follows: ``(b) Funding Mechanism.--The Secretary of Defense shall use funds available for the Department of Defense to carry out the program under subsection (a).''. (c) Program Administration.--Subsection (c) of such section is amended-- (1) in paragraph (1)(B) to read as follows: ``(B) In determining income eligibility standards for families of individuals participating in the program under this section, the Secretary of Defense shall, to the extent practicable, use the criterion described in subparagraph (A).''; (2) in paragraph (2), by adding at the end before the period the following: ``, particularly with respect to nutrition education and counseling''; and (3) by adding at the end the following: ``(3) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the program under subsection (a).''. (b) Conforming Amendment.--Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended by adding at the end the following: ``(q) The Secretary of Agriculture shall provide technical assistance to the Secretary of Defense, if so requested by the Secretary of Defense, for the purpose of carrying out the overseas special supplemental food program established under section 1060a(a) of title 10, United States Code.''. <all>

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2024-06-24T03:05:36.943992

BILLS-106hr1783ih

To amend the Internal Revenue Code of 1986 to extend the deadline for filing estate tax returns from 9 months to 24 months after a decedent's death.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1783 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1783 To amend the Internal Revenue Code of 1986 to extend the deadline for filing estate tax returns from 9 months to 24 months after a decedent's death. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Isakson 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 extend the deadline for filing estate tax returns from 9 months to 24 months after a decedent's death. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXTENSION OF DEADLINE FOR FILING ESTATE TAX RETURN FROM 9 MONTHS TO 24 MONTHS. (a) In General.--Section 6075 of the Internal Revenue Code of 1986 (relating to time for filing estate and gift tax returns) is amended by striking ``9 months'' and inserting ``24 months''. (b) Effective Date.--The amendment made by subsection (a) shall apply to decedents dying after December 31, 1999. <all>

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2024-06-24T03:05:37.111084

BILLS-106hr1780ih

To provide for the settlement of claims of the Menominee Indian Tribe of Wisconsin.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1780 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1780 To provide for the settlement of claims of the Menominee Indian Tribe of Wisconsin. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Green of Wisconsin introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To provide for the settlement of claims of the Menominee Indian Tribe of Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PAYMENT. The Secretary of the Treasury shall pay to the Menominee Indian Tribe of Wisconsin, out of any funds in the Treasury of the United States not otherwise appropriated, $32,052,547 for damages sustained by the Menominee Indian Tribe of Wisconsin by reason of-- (1) the enactment and implementation of the Act entitled ``An Act to provide for a per capita distribution of Menominee tribal funds and authorize the withdrawal of the Menominee Tribe from Federal jurisdiction''; approved June 17, 1954 (68 Stat. 250 et seq., chapter 303); and (2) the mismanagement by the United States of assets of the Menominee Indian Tribe held in trust by the United States before April 30, 1961, the effective date of termination of Federal supervision of the Menominee Indian Tribe of Wisconsin. SEC. 2. EFFECT OF PAYMENT. Payment of the amount referred to in section 1 shall be in full satisfaction of any claims that the Menominee Indian Tribe of Wisconsin may have against the United States with respect to the damages referred to in that section. SEC. 3. REQUIREMENTS FOR PAYMENT. The payment to the Menominee Indian Tribe of Wisconsin under section 1 shall-- (1) have the status of a judgment of the United States Court of Federal Claims for the purposes of the Indian Tribal Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); (2) be made in accordance with the requirements of that Act on the condition that after payment of attorneys fees and expenses of litigation, of the remaining amount-- (A) not less than 30 percent shall be distributed on a per capita basis; and (B) no more than 70 percent shall be set aside and programmed to serve tribal needs, including-- (i) educational, economic development, and health care programs; and (ii) other programs as the circumstances of the Menominee Tribe of Wisconsin may justify; and (3) not be used to purchase land for the purpose of having such land taken into trust for the benefit of the Menominee Tribe of Wisconsin. <all>

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2024-06-24T03:05:37.149791

BILLS-106hr1785ih

Graduate Medical Education Payment Restoration Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1785 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1785 To amend title XVIII of the Social Security Act to stabilize indirect graduate medical education payments. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Rangel introduced 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 consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title XVIII of the Social Security Act to stabilize indirect graduate medical education payments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Graduate Medical Education Payment Restoration Act''. SEC. 2. TERMINATION OF MULTIYEAR REDUCTION OF INDIRECT GRADUATE MEDICAL EDUCATION PAYMENTS. Section 1886(d)(5)(B)(ii) of the Social Security Act (42 U.S.C. 1395ww(d)(5)(B)(ii) is amended-- (1) by adding ``and'' at the end of subclause (II); and (2) by striking subclauses (III), (IV), and (V) and inserting the following: ``(III) on or after October 1, 1998, `c' is equal to 1.6.'' <all>

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2024-06-24T03:05:37.397309

BILLS-106hr1786ih

Education for the 21st Century (E- 21) Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1786 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1786 To enable America's schools to use their computer hardware to increase student achievement and prepare students for the 21st century workplace. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Rothman (for himself and Mrs. Roukema) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To enable America's schools to use their computer hardware to increase student achievement and prepare students for the 21st century workplace. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Education for the 21st Century (E- 21) Act''. SEC. 2. PURPOSE. It is the purpose of this Act to enable America's schools to use their computer hardware to increase student achievement and prepare students for the 21st century workplace. SEC. 3. FINDINGS. Congress makes the following findings: (1) Establishing computer literacy programs for students will help ensure that our children are receiving the skills needed for advanced education and for securing employment in the 21st century. (2) Computer literacy skills, such as information gathering, critical analysis and communication with the latest technology, build upon the necessary basics of reading, writing, mathematics, and other core subject areas. (3) According to a study conducted by the Educational Testing Service (ETS), eighth grade mathematics students whose teachers used computers for simulations and applications outperformed students whose teachers did not use such educational technology. (4) Although an ever increasing amount of schools are obtaining the latest computer hardware, schools will not be able to take advantage of the benefits of computer-based learning unless teachers are effectively trained in the latest educational software applications. (5) The Educational Testing Service (ETS) study showed that students whose teachers received training in computers performed better than other students. The study also found that schools that provide teachers with professional development in computers enjoyed higher staff morale and lower absenteeism rates. (6) Some of the most exciting applications in educational technology are being developed not only by commercial software companies, but also by secondary school and college students. The fruit of this academic talent should be channeled more effectively to benefit our Nation's elementary and secondary schools. SEC. 4. COMPUTER LITERACY CHALLENGE. (a) Grants Authorized.-- (1) In general.--The Secretary of Education is authorized to award grants to States that integrate into the State curriculum the goal of making all middle school graduates in the State technology literate. (2) Priority.--The Secretary shall give preference in awarding grants under this section to States which place a priority on training middle school teachers. (b) Uses.--Grants awarded under this section shall be used for teacher training in technology, with an emphasis on programs that prepare 1 or more teachers in each elementary, middle, and secondary school in the State to become technology leaders who then serve as experts and train other teachers. (c) Matching Funds.--Each State shall encourage schools that receive assistance under this section to provide matching funds, with respect to the cost of teacher training in technology to be assisted under this section, in order to enhance the impact of the teacher training and to help ensure that all middle school graduates in the State are computer literate. (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $30,000,000 for each of the fiscal years 2000 through 2004. SEC. 5. HIGH-QUALITY EDUCATIONAL SOFTWARE FOR ALL SCHOOLS. (a) Competition Authorized.--The Secretary of Education is authorized to award grants, on a competitive basis, to secondary school and college students working with university faculty, software developers, and experts in educational technology for the development of high-quality educational software and Internet web sites by such students, faculty, developers, and experts. (b) Recognition.-- (1) In general.--The Secretary of Education shall recognize outstanding educational software and Internet web sites developed with assistance provided under this section. (2) Certificates.--The President is requested to, and the Secretary shall, issue an official certificate signed by the President and Secretary, to each student and faculty member who develops outstanding educational software or an Internet web site recognized under this section. (c) Focus.--The educational software or Internet web sites that are recognized under this section shall focus on core curriculum areas. (d) Priority.-- (1) First year.--For the first year that the Secretary awards grants under this section, the Secretary shall give priority to awarding grants for the development of educational software or Internet web sites in the areas of mathematics, science, and reading. (2) Second and third years.--For the second and third years that the Secretary awards grants under this section, the Secretary shall give priority to awarding grants for the development of educational software or Internet web sites in the areas described in paragraph (1) and in social studies, the humanities, and the arts. (e) Judges.--The Secretary shall designate official judges to recognize outstanding educational software or Internet web sites assisted under this section. (f) Downloading.--Educational software recognized under this section shall be made available to local educational agencies for free downloading from the Department of Education's Internet web site. Internet web sites recognized under this section shall be accessible to any user of the World Wide Web. (g) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $5,000,000 for each of the fiscal years 2000 through 2004. <all>

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2024-06-24T03:05:37.403894

BILLS-106hr1787ih

Deschutes Resources Conservancy Reauthorization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1787 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1787 To reauthorize the participation of the Bureau of Reclamation in the Deschutes Resources Conservancy, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Walden of Oregon introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To reauthorize the participation of the Bureau of Reclamation in the Deschutes Resources Conservancy, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Deschutes Resources Conservancy Reauthorization Act of 1999''. SEC. 2. EXTENSION OF PARTICIPATION OF BUREAU OF RECLAMATION IN DESCHUTES RESOURCES CONSERVANCY. Section 301 of the Oregon Resource Conservation Act of 1996 (division B of Public Law 104-208; 110 Stat. 3009-534) is amended-- (1) in subsection (b)(3), by inserting before the period at the end the following: ``, and up to a total amount of $2,000,000 during each of fiscal years 2002 through 2006''; and (2) in subsection (h), by inserting before the period at the end the following: ``and $2,000,000 for each of fiscal years 2002 through 2006''. <all>

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2024-06-24T03:05:37.414075

BILLS-106hr1784ih

To terminate certain sanctions with respect to India and Pakistan.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1784 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1784 To terminate certain sanctions with respect to India and Pakistan. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 12, 1999 Mr. Pallone introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on Banking and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To terminate certain sanctions with respect to India and Pakistan. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. TERMINATION OF CERTAIN SANCTIONS WITH RESPECT TO INDIA AND PAKISTAN. (a) India and Pakistan.--Effective on the date of the enactment of this Act, the sanctions contained in the following provisions of law shall not apply to India and Pakistan, with respect to any grounds for the imposition of sanctions under those provisions arising before such date of enactment: (1) Section 101 of the Arms Export Control Act (22 U.S.C. 2799aa). (2) Section 102 of the Arms Export Control Act (22 U.S.C. 2799aa-1). (3) Section 2(b)(4) of the Export-Import Bank Act of 1945 (12 U.S.C. 635(b)(4)). (b) Certain Persons.--Effective on the date of the enactment of this Act, the sanctions contained in sections 821 and 824 of the Nuclear Proliferation Prevention Act (22 U.S.C. 3201 note) shall not apply to any person, with respect to any grounds for the imposition of sanctions under those provisions arising before such date of enactment, relating to the detonation by India or Pakistan of nuclear explosive devices. (c) Statutory Construction.--Nothing in this Act prohibits the imposition of sanctions by the President under any provision of law specified in subsections (a) and (b) by reason of any grounds for the imposition of sanctions under that provision of law arising on or after the date of the enactment of this Act. SEC. 2. REPEALS. The India-Pakistan Relief Act of 1988 (title IX of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 1999, as contained in section 101(a) of Public Law 105-277), is repealed. <all>

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2024-06-24T03:05:37.518814

BILLS-106hr1789ih

Market Process Restoration Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1789 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1789 To restore the inherent benefits of the market economy by repealing the Federal body of statutory law commonly referred to as ``antitrust law'', and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Paul introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To restore the inherent benefits of the market economy by repealing the Federal body of statutory law commonly referred to as ``antitrust law'', and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Market Process Restoration Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--The Congress finds the following: (1) Antitrust statutes governmentally facilitate interference in the voluntary market transactions of individuals. (2) Evaluation of the antitrust laws has not proceeded from an analysis of their nature or of their necessary consequences, but from an impressionistic reaction to their announced gain. (3) It is the dynamic model of competition under which only ``free'' entry is required that insures maximization of consumer welfare within the nature-given condition of scarcity and reconciles the ideal of pure liberty with that of economic efficiency. (4) The free market in the world of production may be termed ``free competition'' or ``free entry'', meaning that in a free society anyone is free to compete and produce in any field he chooses. ``Free competition'' is the application of liberty to the sphere of production: the freedom to buy, sell, and transform one's property without violent interference by an external power. (5) The Sherman Act was a tool used to regulate some of the most competitive industries in America, which were rapidly expanding their output and reducing their prices, much to the dismay of their less efficient (but politically influential) competitors. The Sherman Act, moreover, was used as a political fig leaf to shield the real cause of monopoly in the late 1880's--protectionism. The chief sponsor of the 1890 tariff bill, passed just three months after the Sherman Act, was none other than Senator Sherman himself. (6) One function of the Sherman Act was to divert public attention from the certain source of monopoly--Government's grant of exclusive privilege. (7) Obscure, incoherent, and vague legislation such as antitrust statutes can make legality unattainable by anyone, or at least unattainable without an unauthorized revision which itself impairs legality. (b) Purpose.--The purpose of this Act is to restore the inherent benefits of the market economy by repealing the Federal body of statutory law commonly referred to as ``antitrust law'', and for other purposes. SEC. 3. REPEAL OF ANTITRUST ACTS. (a) Sherman.--The Sherman Act (15 U.S.C. 1 et seq.) is repealed. (b) Clayton Act.--The Clayton Act (15 U.S.C. 12 et seq.) is repealed. (c) Antitrust Civil Process Act.--The Antitrust Civil Process Act (15 U.S.C. 1311 et seq.) is repealed. (d) International Antitrust Enforcement Assistance Act of 1994.-- The International Antitrust Enforcement Assistance Act of 1994 (15 U.S.C. 6201 et seq.) is repealed. (e) Federal Trade Commission Act.--Section 5(a) of the Federal Trade Commission Act (15(a) U.S.C. 45) is amended by striking ``methods of competition in or affecting commerce and unfair''. <all>

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2024-06-24T03:05:37.527686

BILLS-106hr1788ih

Nazi Benefits Termination Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1788 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1788 To deny Federal public benefits to individuals who participated in Nazi persecution. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Franks of New Jersey (for himself, Mr. Frelinghuysen, and Mr. Lantos) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Government Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To deny Federal public benefits to individuals who participated in Nazi persecution. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Nazi Benefits Termination Act of 1999''. SEC. 2. DENIAL OF FEDERAL PUBLIC BENEFITS TO NAZI PERSECUTORS. (a) In General.--Notwithstanding any other provision of law, an individual who is determined under this Act to have been a participant in Nazi persecution is not eligible for any Federal public benefit. (b) Definitions.--In this Act: (1) Federal public benefit.--The term ``Federal public benefit'' shall have the meaning given such term by section 401(c)(1) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, but shall not include any benefit described in section 401(b)(1) of such Act (and, for purposes of applying such section 401(b)(1), the term ``alien'' shall be considered to mean ``individual''). (2) Participant in nazi persecution.--The term ``participant in Nazi persecution'' means an individual who-- (A) if an alien, is shown by a preponderance of the evidence to fall within the class of persons who (if present within the United States) would be deportable under section 237(a)(4)(D) of the Immigration and Nationality Act; or (B) if a citizen, is shown by a preponderance of the evidence-- (i) to have procured citizenship illegally or by concealment of a material fact or willful misrepresentation within the meaning of section 340(a) of the Immigration and Nationality Act; and (ii) to have participated in Nazi persecution within the meaning of section 212(a)(3)(E) of the Immigration and Nationality Act. SEC. 3. DETERMINATIONS. (a) Hearing by Immigration Judge.--If the Attorney General has reason to believe that an individual who has applied for or is receiving a Federal public benefit may have been a participant in Nazi persecution (within the meaning of section 2 of this Act), the Attorney General may provide an opportunity for a hearing on the record with respect to the matter. The Attorney General may delegate the conduct of the hearing to an immigration judge appointed by the Attorney General under section 101(b)(4) of the Immigration and Nationality Act. (b) Procedure.-- (1) Right of respondents to appear.-- (A) Citizens, permanent resident aliens, and persons present in the united states.--At a hearing under this section, each respondent may appear in person if the respondent is a United States citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated. (B) Others.--A respondent who is not a citizen, a permanent resident alien, or present within the United States when the proceeding under this section is initiated may appear by video conference. (C) Rule of interpretation.--This Act shall not be construed to permit the return to the United States of an individual who is inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act. (2) Other rights of respondents.--At a hearing under this section, each respondent may be represented by counsel at no expense to the Federal Government, present evidence, cross- examine witnesses, and obtain the issuance of subpoenas for the attendance of witnesses and presentation of evidence. (3) Rules of evidence.--Unless otherwise provided in this Act, rules regarding the presentation of evidence in the hearing shall apply in the same manner in which such rules would apply in a removal proceeding before a United States immigration judge under section 240 of the Immigration and Nationality Act. (c) Hearings, Findings and Conclusions, and Order.-- (1) Findings and conclusions.--Within 60 days after the end of a hearing conducted under this section, the immigration judge shall make findings of fact and conclusions of law with respect to whether the respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act). (2) Order.-- (A) Finding that respondent has been a participant in nazi persecution.--If the immigration judge finds, by a preponderance of the evidence, that the respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act), the immigration judge shall promptly issue an order declaring the respondent to be ineligible for any Federal public benefit, and prohibiting any person from providing such a benefit, directly or indirectly, to the respondent, and shall transmit a copy of the order to any governmental entity or person known to be so providing such a benefit. (B) Finding that respondent has not been a participant in nazi persecution.--If the immigration judge finds that there is insufficient evidence for a finding under subparagraph (A) that a respondent has been a participant in Nazi persecution (within the meaning of section 2 of this Act), the immigration judge shall issue an order dismissing the proceeding. (C) Effective date; limitation of liability.-- (i) Effective date.--An order issued pursuant to subparagraph (A) shall be effective on the date of issuance. (ii) Limitation of liability.-- Notwithstanding clause (i), a person or entity shall not be found to have provided a benefit to an individual in violation of this Act until the person or entity has received actual notice of the issuance of an order under subparagraph (A) with respect to the individual and has had a reasonable opportunity to comply with the order. (d) Review by Attorney General; Service of Final Order.-- (1) Review by attorney general.--The Attorney General may, in her discretion, review any finding or conclusion made, or order issued, under subsection (c), and shall complete the review not later than 30 days after the finding or conclusion is so made, or order is so issued. Otherwise, the finding, conclusion, or order shall be final. (2) Service of final order.--The Attorney General shall cause the findings of fact and conclusions of law made with respect to any final order issued under this section, together with a copy of the order, to be served on the respondent involved. (e) Judicial Review.--Any party aggrieved by a final order issued under this section may obtain a review of the order by the United States Court of Appeals for the Federal Circuit, by filing a petition for such review not later than 30 days after the final order is issued. (f) Issue and Claim Preclusion.--In any administrative or judicial proceeding under this Act, the ordinary rules of issue preclusion and claim preclusion shall apply. SEC. 4. JURISDICTION OF UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT OVER APPEALS UNDER THIS ACT. Section 1295(a) of title 28, United States Code, is amended-- (1) by striking ``and'' at the end of paragraph (13); (2) by striking the period at the end of paragraph (14) and inserting ``; and''; and (3) by adding at the end the following: ``(15) of an appeal from a final order issued under the Nazi Benefits Termination Act of 1999.''. <all>

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2024-06-24T03:05:37.763811

BILLS-106hr1792ih

Bipartisan Rural Law Enforcement Crime-Fighting Scholarship Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1792 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1792 To provide crime-fighting scholarships to certain law enforcement officers. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Thompson of Mississippi (for himself, Mr. Hutchinson, Mr. Shows, Mr. Etheridge, and Mr. Holden) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide crime-fighting scholarships to certain law enforcement officers. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Bipartisan Rural Law Enforcement Crime-Fighting Scholarship Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) the organization of illegal gangs and many systems of illegal drug trafficking and distribution have become increasingly similar in both urban and rural areas of the United States; (2) crime- and drug-ridden neighborhoods in both urban and rural areas demonstrate many of the same characteristics; (3) many law enforcement agencies in urban areas utilize the most modern technology and cutting-edge police tactics to fight gangs, abolish illegal drug trafficking and distribution systems, and create safer neighborhoods and communities; and (4) law enforcement agencies in rural areas may improve their efforts in the community if officers have an opportunity to participate in a program permitting them to conduct firsthand observations of the strategies and technologies utilized by Federal and urban law enforcement agencies to fight gangs, abolish illegal drug trafficking and distribution systems, and create safer neighborhoods and communities. SEC. 3. ESTABLISHMENT OF THE RURAL LAW ENFORCEMENT CRIME-FIGHTING SCHOLARSHIP PROGRAM. (a) In General.--The Attorney General, through the Office of Justice Programs and in consultation with the National Center for Rural Law Enforcement at the University of Arkansas, shall establish a rural law enforcement scholarship program by providing grants to rural law enforcement agencies and consortia of law enforcement agencies. The grants shall be used to allow law enforcement officers to observe the advanced strategies and technologies employed by Federal and urban law enforcement agencies to fight gangs, abolish illegal drug trafficking and distribution systems, and create safer neighborhoods and communities. (b) Site Identification and Notification.-- (1) Identification.--Before grants are awarded and not later than 90 days after the date of the enactment of this Act, the Attorney General shall identify Federal and urban law enforcement agencies willing to allow rural law enforcement officers to observe the strategies and technologies used for fighting crime and creating safer neighborhoods and communities. (2) Notification.--Not later than 120 days after the date of the enactment of this Act, the Attorney General shall publish in the Federal Register a list of the urban and Federal agencies identified under paragraph (1). (c) Grant Amounts.-- (1) In general.--The Attorney General shall determine the appropriate amount of each grant award after considering the relative costs associated with each observation opportunity. (2) Maximum grant award.--Each grant award may not exceed $2,500 for an individual rural law enforcement agency and $7,500 for a consortium of law enforcement agencies. (d) Participation Requirements.--Officers selected for a rural law enforcement scholarship may participate in a particular observation opportunity for a maximum period of 1 month. Not more than 1 officer from the same rural law enforcement agency may participate. In cases in which 1 or more rural law enforcement agencies establish a consortium, not more than 1 officer from each agency in the consortium may participate. (e) Uses of Funds.--Subject to subsections (c) and (d), a grant received under this Act may be used to pay the costs of official travel, lodging, and expenses that law enforcement officers incur while participating in the program. SEC. 4. ELIGIBILITY AND SELECTION. (a) Eligibility.--To be eligible to receive a grant under this Act, a rural law enforcement agency, on its own behalf or for a consortium of law enforcement agencies shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (b) Selection.--The Attorney General shall select grant recipients by using the following criteria: (1) Criminal activities.--The extent of violent crime, drug trafficking and distribution, drug use, and other major indicators of crime that threaten the public safety in the area served by the rural law enforcement agency, as identified in studies conducted by the Department of Justice and in State applications submitted under part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 for the Edward Bryne Memorial State and Local Law Enforcement Assistance Programs. (2) Program benefits.--The extent to which the observation opportunity is likely to provide law enforcement officers who participate in the scholarship program with knowledge or skills that can be successfully employed in the area that the rural law enforcement agency serves. SEC. 5. REPORTING. Not later than 3 years after the date of the enactment of this Act, the Attorney General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report regarding the success of participating rural law enforcement agencies in employing strategies or technology observed during participation in the rural law enforcement scholarship program. SEC. 6. DEFINITIONS. For purposes of this Act: (1) The term ``consortium of law enforcement agencies'' means not less than 1 rural law enforcement agency that executes an agreement with other law enforcement agencies which may include sheriff, highway patrol, and police departments that seek to organize more comprehensive crime-fighting strategies in rural areas. (2) The term ``law enforcement officer'' has the same meaning given such term in section 1204(5) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796b(5). (3) The term ``metropolitan statistical area'' has the same meaning given such term by the Bureau of the Census. (4) The term ``rural law enforcement agency'' means a law enforcement agency that serves-- (A) a city, town, township, borough, or village outside a metropolitan statistical area; (B) a city, town, township, borough, or village of less than 10,000 residents; or (C) a county or parish of less than 80,000 residents. SEC. 7. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $12,000,000 to carry out this Act for each of the fiscal years 2000 through 2005. <all>

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2024-06-24T03:05:37.870299

BILLS-106hr1791ih

Federal Law Enforcement Animal Protection Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1791 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1791 To amend title 18, United States Code, to provide penalties for harming animals used in Federal law enforcement. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Weller (for himself, Mr. Rothman, and Mr. Chabot) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to provide penalties for harming animals used in Federal law enforcement. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Federal Law Enforcement Animal Protection Act of 1999''. SEC. 2. HARMING ANIMALS USED IN LAW ENFORCEMENT. (a) In General.--Chapter 65 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1368. Harming animals used in law enforcement ``(a) Whoever willfully harms any police animal, or attempts to conspires to do so, shall be fined under this title and imprisoned not more than one year. If the offense disables or disfigures the animal, or causes the death of the animal, the maximum term of imprisonment shall be 10 years. ``(b) In this section, the term `police animal' means a dog or horse employed by a Federal agency (whether in the executive, legislative, or judicial branch) for the principal purpose of aiding in the detection of criminal activity, enforcement of laws, or apprehension of criminal offenders''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 65 of title 18, United States Code, is amended by adding at the end the following new item: ``1368. Harming animals used in law enforcement.''. <all>

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2024-06-24T03:05:37.878982

BILLS-106hr1790ih

Chemical Safety Information and Site Security Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1790 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1790 To provide for public disclosure of accidental release scenario information in risk management plans, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Bliley (by request) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Government Reform, and the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To provide for public disclosure of accidental release scenario information in risk management plans, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Chemical Safety Information and Site Security Act of 1999''. SEC. 2. PUBLIC AVAILABILITY OF ANALYSIS. (a) Definitions.-- (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Risk management plan.--The term ``risk management plan'' means a risk management plan submitted by an owner or operator of a stationary source pursuant to section 112(r)(7)(B) of the Clean Air Act. (3) Off-site consequence analysis information.--The term ``off-site consequence analysis information'' means those portions of a risk management plan, excluding the executive summary of such plan, consisting of an evaluation of one or more worst-case scenario or alternative scenario accidental releases of extremely hazardous substances listed pursuant to section 112(r)(3) of the Clean Air Act. (4) State.--The term ``State'' means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and Indian tribes as defined in section 102(2) of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a(2)). (b) Exemption From Freedom of Information Act.--Off-site consequence analysis information or information derived therefrom, shall not be made available under section 552 of title 5, United States Code. Nothing in this section shall affect the obligation of the Administrator under section 112(r)(7)(B)(iii) of the Clean Air Act to make available off-site consequence analysis information, or information derived therefrom, except as provided in subsection (c) of this section. (c) Distribution of Off-Site Consequence Analysis Information.-- (1) No officer or employee of the United States shall make available in an electronic form off-site consequence analysis information except as provided in paragraphs (2), (6), and (7) of this subsection and subsection (e) of this section. (2) The Administrator may make available in an electronic form off-site consequence analysis information to a State or local government officer or employee only for official use. (3)(A) In response to any request for off-site consequence analysis information, including a request for risk management plans, the Administrator shall provide a copy of off-site consequence analysis information, but only in paper form. The conditions under which it shall be made available, including, but not limited to, the maximum number of requests any single requester can make, and the maximum number of stationary sources for which off-site consequence analysis information may be made available in response to any single request, shall be determined by the Administrator in implementing guidance, pursuant to subsection (d)(1) of this section. An officer or employee of the United States may not otherwise distribute off- site consequence analysis information in paper form, except as provided in paragraphs (4) and (6) of this subsection, and subsection (e) of this section. (B) Consistent with this paragraph, the Administrator shall promptly respond to off-site consequence analysis information requests. The Administrator may levy a fee applicable to processing requests that recovers the Administrator's cost of processing such requests and reproducing such information in paper form. (4) At the request of a State or local government officer acting in his or her official capacity, the Administrator may provide to such officer in paper form, only for official use, the off-site consequence analysis information submitted for the stationary sources located in the State in which the State or local government officer serves. (5) Notwithstanding any provision of State or local law, and except as provided in subsection (e)(2) of this section, an officer or employee of a State or local government may make off-site consequence analysis information available only to the extent officers or employees of the United States would be permitted to make such information available, consistent with the guidance and any regulations issued pursuant to this section, except that a State or local government officer or employee may only make available such information that concerns stationary sources located in the State in which the officer or employee serves. (6) The Administrator shall ensure that every risk management plan submitted to the Environmental Protection Agency is available in paper or electronic form for public inspection, but not copying, during normal business hours, including in Government Printing Office depository libraries. For purposes of this paragraph, the Administrator may make risk management plans available in electronic form only if the electronic form does not provide an electronic means of ranking stationary sources based on off-site consequence analysis information. The Government Printing Office shall assist the Administrator in implementing this paragraph. There are authorized to be appropriated to the Administrator and to the Government Printing Office such sums as may be necessary, to be available until expended, to carry out this paragraph. (7) After consulting with other appropriate Federal agencies, the Administrator may make off-site consequence analysis information available to the public in an electronic form that does not include information concerning the identity or the location of the stationary sources for which the information was submitted. No other officer or employee of the United States, nor any officer or employee of a State or local government, may make off-site consequence analysis information available to the public in such form except as authorized by the Administrator. (8) Any officer or employee of the United States, or any officer or employee of a State or local government, who knowingly violates a restriction or prohibition established by this subsection shall be fined under section 3571 of title 18, United States Code, imprisoned for not more than one year, or both. (9) The Administrator may collect and maintain records that reflect the identity of individuals and persons seeking access to information under this section only to the extent that such collection and maintenance is relevant and necessary to accomplish a legal purpose of the Environmental Protection Agency that is required to be accomplished by statute or by executive order of the President. Any such records shall be subject to section 552a of title 5, United States Code. An officer or employee of a State or local government may collect and maintain records identifying individuals and persons seeking access to information under this section only to the extent that such collection and maintenance is relevant and necessary to accomplish a legal purpose of their employing agency that is required to be accomplished by State statute. (d) Implementing Guidance and Additional Authorities.-- (1) Within 60 days of the enactment of this provision, the Administrator shall issue guidance setting forth procedures and methods for making off-site consequence analysis information available to the public consistent with the provisions of this section. The Administrator shall consult with other appropriate Federal agencies in developing the guidance. The Administrator may revise such guidance, as circumstances warrant, in consultation with the appropriate Federal agencies. Guidance issued pursuant to this subsection, and any revision thereof, shall not be subject to judicial review. The Administrator may issue regulations in place of such guidance to the extent the Administrator deems appropriate. (2) The Administrator is authorized to prescribe such regulations as are necessary to carry out the Administrator's functions under this section. The Administrator may delegate to any officer or employee of the Environmental Protection Agency such of the Administrator's powers or duties under this section as the Administrator may deem necessary or expedient. Regulations issued pursuant to this subsection shall be subject to judicial review to the same extent and in the same manner as regulations issued pursuant to section 112(r)(7) of the Clean Air Act. (e) Agents and Contractors.-- (1) An officer or employee of the United States may make off-site consequence analysis information available in any form to officers and employees of agents and contractors of a Federal Government office only for official use. For purposes of this section, such officers and employees of agents and contractors shall be treated as officers and employees of the United States and shall be subject to the same restrictions and sanctions as apply to officers and employees of the United States under this section. (2) An officer or employee of a State or local government may make off-site consequence analysis information available in any form to officers and employees of agents and contractors of the State or local government only for official use. For purposes of this section, such officers and employees of agents and contractors shall be treated as officers and employees of the State or local government and shall be subject to the same restrictions and sanctions as apply to officers and employees of the State or local government under this section. (f) Order Authority.--The Administrator may exercise the authority provided under section 112(r)(9) of the Clean Air Act to withhold, or prevent the release of, off-site consequence analysis information when the Administrator determines that release of such information may present an imminent and substantial endangerment to human health or welfare or the environment. (g) Separability of Provisions.--If any provision of this section is held invalid, the remainder of this section shall not be affected thereby. SEC. 3. SITE SECURITY STUDY AND RECOMMENDATIONS. Subject to the availability of appropriations, the Attorney General, utilizing available data to the extent possible and in consultation with appropriate governmental agencies, affected industry, and the public, may review current industry practices regarding site security and the effectiveness of this Act. The Attorney General may periodically report to Congress regarding recommendations related to enhancing site security practices and the need for continued implementation or modification of this Act. <all>

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2024-06-24T03:05:37.934118

BILLS-106hr1794ih

Concerning the participation of Taiwan in the World Health Organization (WHO).

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1794 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1794 Concerning the participation of Taiwan in the World Health Organization (WHO). _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Brown of Ohio (for himself and Mr. Chabot) introduced the following bill; which was referred to the Committee on International Relations _______________________________________________________________________ A BILL Concerning the participation of Taiwan in the World Health Organization (WHO). Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH ORGANIZATION (WHO). (a) Findings.--The Congress makes the following findings: (1) Good health is a basic right for every citizen of the world and access to the highest standards of health information and services is necessary to help guarantee this right. (2) Direct and unobstructed participation in international health cooperation forums and programs is therefore crucial, especially with today's greater potential for the cross-border spread of various infectious diseases such as AIDS. (3) The World Health Organization (WHO) set forth in the first chapter of its charter the objective of attaining the highest possible level of health for all people. (4) In 1977, the World Health Organization established ``Health For All By The Year 2000'' as its overriding priority and reaffirmed that central vision with the initiation of its ``Health For All'' renewal process in 1995. (5) Taiwan's population of 21,000,000 people is larger than that of 3/4 of the member states already in the World Health Organization. (6) Taiwan's achievements in the field of health are substantial, including one of the highest life expectancy levels in Asia, maternal and infant mortality rates comparable to those of western countries, the eradication of such infectious diseases as cholera, smallpox, and the plague, and the first to be rid of polio and provide children with free hepatitis B vaccinations. (7) The World Health Organization was unable to assist Taiwan with an outbreak of enterovirus 71 which killed 70 Taiwanese children and infected more than 1,100 Taiwanese children in 1998. (8) In recent years Taiwan has expressed a willingness to assist financially or technically in WHO-supported international aid and health activities, but has ultimately been unable to render such assistance. (9) The World Health Organization allows observers to participate in the activities of the organization. (10) The United States, in the 1994 Taiwan Policy Review, declared its intention to support Taiwan's participation in appropriate international organizations. (11) In light of all of the benefits that Taiwan's participation in the World Health Organization could bring to the state of health not only in Taiwan, but also regionally and globally, Taiwan and its 21,000,000 people should have appropriate and meaningful participation in the World Health Organization. (b) Report.--Not later than September 21, 1999, the Secretary of State shall submit a report to the Congress on the efforts of the Secretary to fulfill the commitment made in the 1994 Taiwan Policy Review to more actively support Taiwan's participation in international organizations, in particular the World Health Organization (WHO). <all>

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2024-06-24T03:05:37.947797

BILLS-106hr1793ih

21st Century Retirement Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1793 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1793 To amend title II of the Social Security Act to provide for individual security accounts funded by employee and employer Social Security payroll deductions, to extend the solvency of the old-age, survivors, and disability insurance program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Kolbe (for himself, Mr. Stenholm, Mr. Smith of Michigan, Mr. Dooley of California, Mr. Sanford, Ms. McCarthy of Missouri, and Mr. Greenwood) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend title II of the Social Security Act to provide for individual security accounts funded by employee and employer Social Security payroll deductions, to extend the solvency of the old-age, survivors, and disability insurance program, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``21st Century Retirement Act''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Individual security accounts. Sec. 3. Minimum social security benefit. Sec. 4. Elimination of earnings test for individuals who have attained retirement age. Sec. 5. Reduction in the amount of certain transfers to Medicare Trust Fund. Sec. 6. Increase in number of years taken into account in determining average indexed monthly earnings. Sec. 7. Actuarial adjustment for retirement. Sec. 8. Improvements in process for cost-of-living adjustments. Sec. 9. Adjustment to upper 2 benefit formula factors. Sec. 10. Phased-in increase in social security retirement ages. Sec. 11. Modifications in PIA formula to reflect changes in life expectancy. Sec. 12. Mechanism for remedying unforeseen deterioration in social security solvency. SEC. 2. INDIVIDUAL SECURITY ACCOUNTS. (a) Establishment and Maintenance of Individual Security Accounts.--Title II of the Social Security Act (42 U.S.C. 401 et seq.) is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following: ``Part B--Individual Security Accounts ``individual security accounts ``Sec. 251. (a) Establishment.-- ``(1) In general.--The Commissioner of Social Security, within 30 days of the receipt of the first contribution received pursuant to subsection (b) with respect to an eligible individual, shall establish in the name of such individual an individual security account. The individual security account shall be identified to the account holder by means of the account holder's Social Security account number. ``(2) Definition of eligible individual.--In this part, the term `eligible individual' means any individual born after December 31, 1944. ``(b) Contributions.-- ``(1) Amounts transferred from the trust fund.--The Secretary of the Treasury shall transfer from the Federal Old- Age and Survivors Insurance Trust Fund, for crediting by the Commissioner of Social Security to an individual security account of an eligible individual, an amount equal to the sum of any amount received by such Secretary on behalf of such individual under section 3101(a)(2) or 1401(a)(2) of the Internal Revenue Code of 1986. ``(2) Other contributions.--For provisions relating to additional contributions credited to individual security accounts, see sections 531(c)(2) and 6402(l) of the Internal Revenue Code of 1986. ``(c) Designation of Investment Type of Individual Security Account.-- ``(1) Designation.--Each eligible individual who is employed or self-employed shall designate the investment type of individual security account to which the contributions described in subsection (b) on behalf of such individual are to be credited. ``(2) Form of designation.--The designation described in paragraph (1) shall be made in such manner and at such intervals as the Commissioner of Social Security may prescribe in order to ensure ease of administration and reductions in burdens on employers. ``(3) Special rule for 2000.--Not later than January 1, 2000, any eligible individual that is employed or self-employed as of such date shall execute the designation required under paragraph (1). ``(4) Designation in absence of designation by eligible individual.--In any case in which no designation of the individual security account is made, the Commissioner of Social Security shall make the designation of the individual security account in accordance with regulations that take into account the competing objectives of maximizing returns on investments and minimizing the risk involved with such investments. ``definition of individual security account; treatment of accounts ``Sec. 252. (a) Individual Security Account.--In this part, the term `individual security account' means any individual security account in the Individual Security Fund (established under section 254) which is administered by the Individual Security Fund Board. ``(b) Treatment of Account.--Except as otherwise provided in this part and in section 531 of the Internal Revenue Code of 1986, any individual security account described in subsection (a) shall be treated in the same manner as an individual account in the Thrift Savings Fund under subchapter III of chapter 84 of title 5, United States Code. ``individual security account distributions ``Sec. 253. (a) Date of Initial Distribution.--Except as provided in subsection (c), distributions may only be made from an individual security account of an eligible individual on and after the earliest of-- ``(1) the date the eligible individual attains normal retirement age, as determined under section 216 (or early retirement age (as so determined) if elected by such individual), or ``(2) the date on which funds in the eligible individual's individual security account are sufficient to provide a monthly payment over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) which, when added to the eligible individual's monthly benefit under part A (if any), is at least equal to an amount equal to \1/12\ of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2) and determined on such date for a family of the size involved) and adjusted annually thereafter by the adjustment determined under section 215(i). ``(b) Forms of Distribution.-- ``(1) Required monthly payments.--Except as provided in paragraph (2), beginning with the date determined under subsection (a), the balance in an individual security account available to provide monthly payments not in excess of the amount described in subsection (a)(2) shall be paid, as elected by the account holder (in such form and manner as shall be prescribed in regulations of the Individual Security Fund Board), by means of the purchase of annuities or equal monthly payments over the life expectancy of the eligible individual (determined under reasonable actuarial assumptions) in accordance with requirements (which shall be provided in regulations of the Board) similar to the requirements applicable to payments of benefits under subchapter III of chapter 84 of title 5, United States Code, and providing for indexing for inflation. ``(2) Payment of excess funds.--To the extent funds remain in an eligible individual's individual security account after the application of paragraph (1) and to the extent not inconsistent with the provisions of subchapter III of chapter 84 of title 5, United States Code, such funds shall be payable to the eligible individual in such manner and in such amounts as determined by the eligible individual. ``(c) Distribution in the Event of Death Before the Date of Initial Distribution.--If the eligible individual dies before the date determined under subsection (a), the balance in such individual's individual security account shall be distributed in a lump sum, under rules established by the Individual Security Fund Board, to the individual's heirs. ``individual security fund ``Sec. 254. (a) Establishment.--There is established and maintained in the Treasury of the United States an Individual Security Fund in the same manner as the Thrift Savings Fund under sections 8437, 8438, and 8439 (but not section 8440) of title 5, United States Code. ``(b) Individual Security Fund Board.-- ``(1) In general.--There is established and operated in the Social Security Administration an Individual Security Fund Board in the same manner as the Federal Retirement Thrift Investment Board under subchapter VII of chapter 84 of title 5, United States Code. ``(2) Specific investment and reporting duties.-- ``(A) In general.--The Individual Security Fund Board shall manage and report on the activities of the Individual Security Fund and the individual security accounts of such Fund in the same manner as the Federal Retirement Thrift Investment Board manages and reports on the Thrift Savings Fund and the individual accounts of such Fund under subchapter VII of chapter 84 of title 5, United States Code. ``(B) Study and report on increased investment options.-- ``(i) Study.--The Individual Security Fund Board shall conduct a study regarding ways to increase an eligible individual's investment options with respect to such individual's individual security account and with respect to rollovers or distributions from such account. ``(ii) Report.--Not later than 2 years after the date of enactment of the 21st Century Retirement Act of 1999, the Individual Security Fund Board shall submit a report to the President and Congress that contains a detailed statement of the results of the study conducted pursuant to clause (i), together with the Board's recommendations for such legislative actions as the Board considers appropriate. ``budgetary treatment of individual security fund and accounts ``Sec. 255. The receipts and disbursements of the Individual Security Fund and any accounts within such fund shall not be included in the totals of the budget of the United States Government as submitted by the President or of the congressional budget and shall be exempt from any general budget limitation imposed by statute on expenditures and net lending (budget outlays) of the United States Government.''. (b) Modification of FICA Rates.-- (1) Employees.--Section 3101(a) of the Internal Revenue Code of 1986 (relating to tax on employees) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.-- ``(1) In general.-- ``(A) Individuals covered under part a of title ii of the social security act.--In addition to other taxes, there is hereby imposed on the income of every individual who is not a part B eligible individual a tax equal to 6.2 percent of the wages (as defined in section 3121(a)) received by him with respect to employment (as defined in section 3121(b)). ``(B) Individuals covered under part b of title ii of the social security act.--In addition to other taxes, there is hereby imposed on the income of every part B eligible individual a tax equal to 4.2 percent of the wages (as defined in section 3121(a)) received by such individual with respect to employment (as defined in section 3121(b)). ``(2) Contribution of oasdi tax reduction to individual security accounts.-- ``(A) In general.--In addition to other taxes, there is hereby imposed on the income of every part B eligible individual an individual security account contribution equal to the sum of-- ``(i) 2 percent of the wages (as so defined) received by such individual with respect to employment (as so defined), plus ``(ii) so much of such wages (not to exceed $2,000) as designated by the individual in the same manner as described in section 251(c) of the Social Security Act. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any calendar year beginning after 2000, the dollar amount in subparagraph (A)(ii) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year, determined by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any dollar amount after being increased under clause (i) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10.''. (2) Self-employed.--Section 1401(a) of the Internal Revenue Code of 1986 (relating to tax on self-employment income) is amended to read as follows: ``(a) Old-Age, Survivors, and Disability Insurance.-- ``(1) In general.-- ``(A) Individuals covered under part a of the social security act.--In addition to other taxes, there shall be imposed for each taxable year, on the self- employment income of every individual who is not a part B eligible individual for the calendar year ending with or during such taxable year, a tax equal to 12.40 percent of the amount of the self-employment income for such taxable year. ``(B) Individuals covered under part b of title ii of the social security act.--In addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every part B eligible individual, a tax equal to 10.4 percent of the amount of the self-employment income for such taxable year. ``(2) Contribution of oasdi tax reduction to individual security accounts.-- ``(A) In general.--In addition to other taxes, there is hereby imposed for each taxable year, on the self-employment income of every individual, an individual security account contribution equal to the sum of-- ``(i) 2 percent of the amount of the self- employment income for each individual for such taxable year; and ``(ii) so much of such self-employment income (not to exceed $2,000) as designated by the individual in the same manner as described in section 251(c) of the Social Security Act. ``(B) Inflation adjustment.-- ``(i) In general.--In the case of any taxable year beginning after 2000, the dollar amount in subparagraph (A)(ii) shall be increased by an amount equal to-- ``(I) such dollar amount, multiplied by ``(II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any dollar amount after being increased under clause (i) is not a multiple of $10, such dollar amount shall be rounded to the nearest multiple of $10.''. (3) Part b eligible individual.-- (A) Taxes on employees.--Section 3121 of such Code (relating to definitions) is amended by inserting after subsection (s) the following new subsection: ``(t) Part B Eligible Individual.--For purposes of this chapter, the term `part B eligible individual' means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year.''. (B) Self-employment tax.--Section 1402 of such Code (relating to definitions) is amended by adding at the end the following new subsection: ``(k) Part B Eligible Individual.--The term `part B eligible individual' means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year.''. (4) Effective dates.-- (A) Employees.--The amendments made by paragraphs (1) and (3)(A) apply to remuneration paid after December 31, 1999. (B) Self-employed individuals.--The amendments made by paragraphs (2) and (3)(B) apply to taxable years beginning after December 31, 1999. (c) Matching Contributions.-- (1) In general.--Part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to credits against tax) is amended by adding at the end the following new subpart: ``Subpart H--Individual Security Account Credits ``Sec. 54. Individual security account credit.''. ``SEC. 54. INDIVIDUAL SECURITY ACCOUNT CREDIT. ``(a) Allowance of Credit.--Each part B eligible individual is entitled to a credit for the taxable year in an amount equal to the sum of-- ``(1) $150, ``(2) 50 percent of the designated wages of such individual for the taxable year, ``(3) 50 percent of the designated self-employment income of such individual for the taxable year, and ``(4) 50 percent of the designated earned income credit. ``(b) Limitations.-- ``(1) Amount.--The amount determined under subparagraphs (A) and (B) of paragraph (1) with respect to such individual for any taxable year may not exceed the excess (if any) of-- ``(A) $600, over ``(B) the sum of the amounts received by the Secretary on behalf of such individual under sections 3101(a)(2)(A)(i) and 1401(a)(2)(A)(i) for the taxable year. ``(2) Failure to make voluntary contributions.--In the case of a part B eligible individual with respect to whom the amount of wages designated under section 3101(a)(2)(A)(ii) plus the amount self-employment income designated under section 1401(a)(2)(A)(ii) for the taxable year is zero, the credit to which such individual is entitled under this section shall be equal to zero. ``(c) Definitions.--For purposes of this section-- ``(1) Part b eligible individual.--The term `part B eligible individual' means, for any calendar year, an individual who is an eligible individual (as defined in section 251(a)(2) of the Social Security Act) for such calendar year. ``(2) Designated wages.--The term `designated wages' means with respect to any taxable year the amount designated under section 3101(a)(2)(A)(ii). ``(3) Designated self-employment income.--The term `designated self-employment income' means with respect to any taxable year the amount designated under section 1401(a)(2)(A)(ii) for such taxable year. ``(4) Designated earned income credit.--The term `designated earned income credit' means the amount of the credit allowed under section 32 for the taxable year that is designated by the part B eligible individual in the same manner as described in section 251(c) of the Social Security Act. ``(d) Credit Used Only for Individual Security Account.--For purposes of this title, the credit allowed 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 individual 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 individual security accounts.--Section 32 of such Code (relating to earned income) is amended by adding at the end the following new subsection: ``(o) Contribution to Individual Security Account.-- ``(1) In general.--An eligible part B individual who is allowed a credit under this section may designate all or a portion of such credit as a contribution to the individual security account established on behalf of such individual. ``(2) Credit used only for individual security account.-- For purposes of this title, the amount designated under paragraph (1) with respect to any part B eligible individual-- ``(A) shall not be treated as a credit allowed under this section, but ``(B) 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 individual security account established under part B of title II of the Social Security Act with respect to such individual.''. (3) Contribution of credited amounts to individual security account.-- (A) Credited amounts treated as overpayment of tax.--Subsection (b) of section 6401 (relating to excessive credits) is amended by adding at the end the following new paragraph: ``(3) Special rule for credit under sections 32 and 54.-- Subject to the provisions of section 6402(l), the following sum shall be considered an overpayment-- ``(A) Section 54 credit.--The amount of any credit allowed under section 54 for any taxable year, plus ``(B) Section 32 designated earned income credit contribution.--The amount of the earned income credit designated as a contribution to an individual security account under section 32(o) for the taxable year.''. (B) Transfer of credit amount to individual security account.--Section 6402 of such Code (relating to authority to make credits or refunds) is amended by adding at the end the following new subsection: ``(l) Overpayments Attributable to Individual Security Account Credit.--In the case of any overpayment described in section 6401(b)(3) with respect to any individual, the Secretary shall transfer for crediting by the Commissioner of Social Security to the individual security account of an such individual, an amount equal to the amount of such overpayment.''. (4) Notice to eitc recipients of matching contributions to individual security accounts.--In connection with information and tax forms relating to the credit allowed under section 32 of the Internal Revenue Code of 1986, the Secretary of the Treasury shall provide notice of the availability of matching contributions pursuant to section 54 of such Code (as added by subsection (a) of this section) to individual security accounts under part B of title II of the Social Security Act. (5) Conforming amendments.-- (A) Section 1324(b)(2) of title 31, United States Code, is amended by inserting before the period at the end ``, or enacted by the 21st Century Retirement Act''. (B) The table of subparts for part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new item: ``Subpart H. Individual Security Account Credits.''. (6) Effective date.--The amendments made by this subsection shall apply to refunds payable after December 31, 1999. (d) Tax Treatment of Individual Security Accounts.-- (1) In general.--Subchapter F of chapter 1 of the Internal Revenue Code of 1986 (relating to exempt organizations) is amended by adding at the end the following new part: ``PART IX--INDIVIDUAL SECURITY FUND AND ACCOUNTS ``Sec. 531. Individual Security Fund and Accounts. ``SEC. 531. INDIVIDUAL SECURITY FUND AND ACCOUNTS. ``(a) General Rule.--The Individual Security Fund and individual security accounts shall be exempt from taxation under this subtitle. ``(b) Individual Security Fund and Accounts Defined.--For purposes of this section, the terms `Individual Security Fund' and `individual security account' means the fund and account established under sections 254 and 251, respectively, of part B of title II of the Social Security Act. ``(c) Contributions.-- ``(1) In general.--No deduction shall be allowed for contributions credited to an individual security account under section 251 of the Social Security Act or section 6402(l). ``(2) Rollover of inheritance.--Any portion of a distribution to an heir from an individual security account made by reason of the death of the beneficiary of such account may be rolled over to the individual security account of the heir. ``(d) Distributions.-- ``(1) In general.--Any distribution from an individual security account under section 253 of the Social Security Act shall be included in gross income under section 72. ``(2) Period in which distributions must be made from account of decedent.--In the case of amounts remaining in an individual security account from which distributions began before the death of the beneficiary, rules similar to the rules of section 401(a)(9)(B) shall apply to distributions of such remaining amounts. ``(3) Rollovers.--Paragraph (1) shall not apply to amounts rolled over under subsection (c)(2) in a direct transfer by the Commissioner of Social Security, under regulations which the Commissioner shall prescribe.''. (2) Clerical amendment.--The table of parts for subchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding after the item relating to part VIII the following new item: ``Part IX. Individual security fund and accounts.''. (3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 1999. SEC. 3. MINIMUM SOCIAL SECURITY BENEFIT. Section 215 of the Social Security Act (42 U.S.C. 415) is amended by adding at the end the following: ``Minimum Monthly Insurance Benefit ``(j)(1) Notwithstanding the preceding provisions of this section-- ``(A) the primary insurance amount of a qualified individual shall be equal to the greater of-- ``(i) the primary insurance amount determined under this section (without regard to this subsection), or ``(ii) \1/12\ of the applicable percentage of the applicable amount, and ``(B) any recomputation of the primary insurance amount of a qualified individual shall not result in a primary insurance amount less than the primary insurance amount as in effect immediately prior to such recomputation. ``(2) For purposes of this subsection-- ``(A) The term `qualified individual' means an individual-- ``(i) who initially becomes eligible for old-age or disability insurance benefits, or dies (before becoming eligible for such benefits) for a month beginning after December 31, 2005, and ``(ii) who has at least 80 quarters of coverage. ``(B) The term `applicable amount' means, in connection with an individual, $7,992 adjusted annually-- ``(i)(I) with respect to an individual whose initial month of eligibility occurs in a year prior to 2011, by the CPI increase percentage determined under section 215(i) for 1996 through the year prior to such year of eligibility; and ``(II) with respect to an individual whose initial month of eligibility occurs in a year after 2010, by the CPI increase percentage determined under such section for 1996 through 2009, and by the wage increase percentage determined under such section for 2009 through the second year prior to the year of such eligibility; and ``(ii) by the CPI increase percentage determined under such section for all years beginning with the year of an individual's initial eligibility. ``(C)(i) The term `applicable percentage' means, for computations and recomputations of a qualified individual's primary insurance amount under this section whose initial eligibility occurs in any calendar year specified in the table under clause (ii), the sum of-- ``(I) the applicable base percentage specified in such table in connection with such year, plus ``(II) the product derived by multiplying the applicable percentage increment specified in such table in connection with such year by the ratio of the number of such individual's quarters of coverage (if any) in excess of the minimum number of quarters required under subparagraph (A)(ii) but not in excess of twice such minimum, to such minimum. ``(ii) For purposes of clause (i), the applicable base percentages and applicable percentage increments are set forth in connection with calendar years in the following table: ``If the calendar year is: The applicable base And the applicable percentage increment is: percentage is: 2006................................. 12 percent............. 8 percent 2007................................. 24 percent............. 16 percent 2008................................. 36 percent............. 24 percent 2009................................. 48 percent............. 32 percent After 2009........................... 60 percent............. 40 percent.'' SEC. 4. ELIMINATION OF EARNINGS TEST FOR INDIVIDUALS WHO HAVE ATTAINED RETIREMENT AGE. (a) In General.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (1) in subsection (c)(1), by striking ``the age of seventy'' and inserting ``retirement age (as defined in section 216(l))''; (2) in paragraphs (1)(A) and (2) of subsection (d), by striking ``the age of seventy'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; (3) in subsection (f)(1)(B), by striking ``was age seventy or over'' and inserting ``was at or above retirement age (as defined in section 216(l))''; (4) in subsection (f)(3)-- (A) by striking ``33\1/3\ percent'' and all that follows through ``any other individual,'' and inserting ``50 percent of such individual's earnings for such year in excess of the product of the exempt amount as determined under paragraph (8),''; and (B) by striking ``age 70'' and inserting ``retirement age (as defined in section 216(l))''; (5) in subsection (h)(1)(A), by striking ``age 70'' each place it appears and inserting ``retirement age (as defined in section 216(l))''; and (6) in subsection (j)-- (A) in the heading, by striking ``Age Seventy'' and inserting ``Retirement Age''; and (B) by striking ``seventy years of age'' and inserting ``having attained retirement age (as defined in section 216(l))''. (b) Conforming Amendments Eliminating the Special Exempt Amount for Individuals Who Have Attained Retirement Age.-- (1) Uniform exempt amount.--Section 203(f)(8)(A) of the Social Security Act (42 U.S.C. 403(f)(8)(A)) is amended by striking ``the new exempt amounts (separately stated for individuals described in subparagraph (D) and for other individuals) which are to be applicable'' and inserting ``a new exempt amount which shall be applicable''. (2) Conforming amendments.--Section 203(f)(8)(B) of such Act (42 U.S.C. 403(f)(8)(B)) is amended-- (A) in the matter preceding clause (i), by striking ``Except'' and all that follows through ``whichever'' and inserting ``The exempt amount which is applicable for each month of a particular taxable year shall be whichever''; (B) in clauses (i) and (ii), by striking ``corresponding'' each place it appears; and (C) in the last sentence, by striking ``an exempt amount'' and inserting ``the exempt amount''. (3) Repeal of basis for computation of special exempt amount.--Section 203(f)(8)(D) of such Act (42 U.S.C. 403(f)(8)(D)) is repealed. (c) Additional Conforming Amendments.-- (1) Elimination of redundant references to retirement age.--Section 203 of the Social Security Act (42 U.S.C. 403) is amended-- (A) in subsection (c), in the last sentence, by striking ``nor shall any deduction'' and all that follows and inserting ``nor shall any deduction be made under this subsection from any widow's or widower's insurance benefit if the widow, surviving divorced wife, widower, or surviving divorced husband involved became entitled to such benefit prior to attaining age 60.''; and (B) in subsection (f)(1), by striking subparagraph (D) and inserting the following: ``(D) for which such individual is entitled to widow's or widower's insurance benefits if such individual became so entitled prior to attaining age 60,''. (2) Conforming amendment to provisions for determining amount of increase on account of delayed retirement.--Section 202(w)(2)(B)(ii) of such Act (42 U.S.C. 402(w)(2)(B)(ii)) is amended-- (A) by striking ``either''; and (B) by striking ``or suffered deductions under section 203(b) or 203(c) in amounts equal to the amount of such benefit''. (3) Provisions relating to earnings taken into account in determining substantial gainful activity of blind individuals.--The second sentence of section 223(d)(4) of such Act (42 U.S.C. 423(d)(4)) is amended by striking ``if section 102 of the Senior Citizens' Right to Work Act of 1996 had not been enacted'' and inserting the following: ``if the amendments to section 203 made by section 102 of the Senior Citizens' Right to Work Act of 1996 and by the Strengthening Social Security Act of 1998 had not been enacted''. (d) Effective Date.--The amendments and repeals made by this section shall apply with respect to taxable years ending after December 31, 1999. SEC. 5. REDUCTION IN THE AMOUNT OF CERTAIN TRANSFERS TO MEDICARE TRUST FUND. Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (42 U.S.C. 401 note), as amended by section 13215(c)(1) of the Omnibus Budget Reconciliation Act of 1993, is amended-- (1) in clause (ii), by striking ``the amounts'' and inserting ``the applicable percentage of the amounts''; and (2) by adding at the end the following: ``For purposes of clause (ii), the applicable percentage for a year is equal to 100 percent, reduced (but not below zero) by 10 percentage points for each year after 2009.''. SEC. 6. INCREASE IN NUMBER OF YEARS TAKEN INTO ACCOUNT IN DETERMINING AVERAGE INDEXED MONTHLY EARNINGS. (a) In General.--Section 215(b) of the Social Security Act (42 U.S.C. 415(b)(1)) is amended-- (1) by striking subparagraph (B) of paragraph (1) and inserting the following: ``(B) the product derived by multiplying-- ``(i) the number of elapsed years, reduced (in any case to which paragraph (2)(A)(i) applies) to the extent provided in paragraph (2)(C), by ``(ii) 12.''; (2) in subparagraph (A) of paragraph (2), by striking all of such subparagraph as precedes ``Clause (ii),'' and inserting the following: ``(2)(A) The number of an individual's benefit computation years equals-- ``(i) in the case of an individual who is entitled to old- age insurance benefits (except as provided in the second sentence of this subparagraph), or who has died, the number of his computation base years, and ``(ii) in the case of an individual who is entitled to disability insurance benefits, the number of elapsed years reduced by the number of years equal to one-fifth of the number of elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years.''; and (3) by adding at the end of paragraph (2) the following new subparagraph: ``(C)(i) For purposes of clause (i) of paragraph (1)(B), the number of elapsed years shall be reduced pursuant to such clause by the number of years specified in connection with the calendar year in which such individual becomes eligible for old-age insurance benefits, or dies (before becoming eligible for such benefits), as set forth in the following table: ``If such calendar year is: The applicable number of years is: 2000 or 2001........................................... 5. 2002 or 2003........................................... 4. 2004 or 2005........................................... 3. 2006 or 2007........................................... 2. 2008 or 2009........................................... 1. After 2009............................................. 0. ``(ii) The reduction provided in clause (i) of paragraph (1)(B) shall not apply in any case in which-- ``(I) the individual is married at the time the individual becomes eligible for old-age insurance benefits or dies (before becoming eligible for such benefits), and ``(II) the total of the wages paid in and self- employment income credited to the preceding calendar year with respect to the individual is less than the total of the wages paid in and self-employment income credited to such year with respect to the individual's spouse.''. (c) Effective Date.--The amendments made by this section shall apply with respect to individuals attaining early retirement age (as defined in section 216(l)(2) of the Social Security Act) or dying after December 31, 1999. SEC. 7. ACTUARIAL ADJUSTMENT FOR RETIREMENT. (a) Early Retirement.-- (1) In general.--Section 202(q) of the Social Security Act (42 U.S.C. 402(q)) is amended-- (A) in paragraph (1)(A), by striking ``\5/9\'' and inserting ``the applicable fraction (determined under paragraph (12))''; and (B) by adding at the end the following: ``(12) For purposes of paragraph (1)(A), the `applicable fraction' for an individual who attains the age of 62 in-- ``(A) any year before 2001, is \5/9\; ``(B) 2001, is \7/12\; ``(C) 2002, is \11/18\; ``(D) 2003, is \23/36\; ``(E) 2004, is \2/3\; and ``(F) 2005 or any succeeding year, is \25/36\.''. (2) Months beyond first 36 months.--Section 202(q) of such Act (42 U.S.C. 402(q)(9)) (as amended by paragraph (1)) is amended-- (A) in paragraph (9)(A), by striking ``five- twelfths'' and inserting ``the applicable fraction (determined under paragraph (13))''; and (B) by adding at the end the following: ``(13) For purposes of paragraph (9)(A), the `applicable fraction' for an individual who attains the age of 62 in-- ``(A) any year before 2001, is \5/12\; ``(B) 2001, is \16/36\; ``(C) 2002, is \16/36\; ``(D) 2003, is \17/36\; ``(E) 2004, is \17/36\; and ``(F) 2005 or any succeeding year, is \1/2\.''. (3) Effective date.--The amendments made by paragraphs (1) and (2) shall apply to individuals who attain the age of 62 in years after 1999. (b) Delayed Retirement.--Section 202(w)(6) of the Social Security Act (42 U.S.C. 402(w)(6)) is amended-- (1) in subparagraph (C), by striking ``and'' at the end; (2) in subparagraph (D), by striking ``2004.'' and inserting ``2004 and before 2007;''; and (3) by adding at the end the following: ``(E) \17/24\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2006 and before 2009; ``(F) \3/4\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2008 and before 2011; ``(G) \19/24\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2010 and before 2013; and ``(H) \5/6\ of 1 percent in the case of an individual who attains the age of 62 in a calendar year after 2012.''. SEC. 8. IMPROVEMENTS IN PROCESS FOR COST-OF-LIVING ADJUSTMENTS. (a) Annual Declarations of Achieved Substitution Bias Correction and Retained Upper Level Substitution Bias.-- (1) Achieved substitution bias correction.--Not later than October 1, 1999, and annually thereafter, the Commissioner of the Bureau of Labor Statistics shall publish in the Federal Register an estimate of the number of percentage points by which the annual rate of change in the Consumer Price Index is reduced below the rate it would otherwise have attained by reason of adjustments in the determination of such index instituted by the Bureau after December 31, 1998. (2) Upper level substitution bias.--Not later than August 1, 2000, and annually thereafter, the Commissioner of the Bureau of Labor Statistics shall publish in the Federal Register an estimate of the upper level substitution bias retained in the Consumer Price Index, expressed in terms of a percentage point effect on the annual rate of change in the Consumer Price Index for the preceding calendar year determined through the use of a superlative index that accounts for changes that consumers make in the quantities of goods and services consumed. (b) Funding for CPI Improvements.-- (1) In general.--There is hereby appropriated to the Bureau of Labor Statistics in the Department of Labor, for each of fiscal years 1999, 2000, and 2001, $30,000,000 for use by the Bureau for the following purposes: (A) Research, evaluation, and implementation of a superlative index to estimate upper level substitution bias in the Consumer Price Index. (B) Expansion of the Consumer Expenditure Survey and the Point of Purchase Survey. (C) Implementation of revisions to the Consumer Price Index with respect to programs under title II of the Social Security Act (42 U.S.C. 401 et seq.). (2) Reports.--The Commissioner of the Bureau of Labor Statistics shall submit reports regarding the use of appropriations made under paragraph (1) to the Committee on Appropriations of the House of Representative and the Committee on Appropriations of the Senate upon the request of each Committee. (c) Information Sharing.--The Commissioner of the Bureau of Labor Statistics may secure directly from the Secretary of Commerce information necessary for purposes of calculating the Consumer Price Index. Upon request of the Commissioner of the Bureau of Labor Statistics, the Secretary of Commerce shall furnish that information to the Commissioner. (d) Administrative Advisory Committee.--The Bureau of Labor Statistics shall, in consultation with the National Bureau of Economic Research, the American Economic Association, and the National Academy of Statisticians, establish an administrative advisory committee. The advisory committee shall periodically advise the Bureau of Labor Statistics regarding revisions of the Consumer Price Index and conduct research and experimentation with alternative data collection and estimating approaches. (e) Modifications to Cost-of-Living Indexing of Benefits.-- (1) In general.--Section 215(i)(1)(D) of the Social Security Act (42 U.S.C. 415(i)(1)(D)) is amended to to read as follows: ``(D) the term `CPI increase percentage', with respect to a base quarter or cost-of-living computation quarter in any calendar year, means-- ``(i) the percentage (rounded to the nearest one- hundredth of 1 percent) by which the Consumer Price Index for that quarter (as prepared by the Department of Labor) exceeds such index for the most recent prior calendar quarter which was a base quarter under subparagraph (A)(ii) or, if later, the most recent cost-of-living computation quarter under subparagraph (B), ``(ii) reduced (but not below zero) by the upper level substitution bias (rounded to the nearest one- hundredth of 1 percent) retained in such index (as published by the Secretary of Labor pursuant to section 8(a)(2) of the 21st Century Retirement Act of 1999 in connection with the annual rate of change in the Consumer Price Index for the preceding calendar year), to the extent applicable to such percentage, and ``(iii) reduced further (but not below zero) by the excess (if any) of 0.33 percentage points over the sum of-- ``(I) the reduction in percentage points undergone by the percentage described in clause (i) pursuant to clause (ii), and ``(II) the reduction in percentage points undergone by the percentage described in clause (i) (rounded to the nearest one-hundredth of 1 percent) attributable to the achieved substitution bias correction (as last published by the Secretary of Labor pursuant to section 8(a)(1) of the 21st Century Retirement Act of 1999), to the extent applicable to such percentage.''. (2) Effective date.--The amendment made by paragraph (1) shall apply with respect to increases under section 215(i) of the Social Security Act effective with the month of December of years after 1999. (f) Consumer Price Index Adjustments Applicable to Internal Revenue Code Provisions.-- (1) In general.--Paragraph (3) of section 1(f) of the Internal Revenue Code of 1986 (defining cost-of-living adjustment) is amended by striking the period at the end and inserting a comma and by inserting at the end the following flush material: ``reduced (but not below zero) by the number of percentage points determined under paragraph (8) for the calendar year for which such adjustment is being determined.''. (2) Limitation on increases.--Subsection (f) of section 1 of such Code is amended by adding at the end the following new paragraph: ``(8) Limitation on increases in cpi.-- ``(A) In general.--The number of percentage points determined under this paragraph for any calendar year is-- ``(i) the upper level substitution bias, to the extent applicable to the percentage adjustment under paragraph (3), plus ``(ii) the excess (if any) of 0.33 percentage points over the sum of-- ``(I) such upper level substitution bias, and ``(II) the achieved substitution bias correction, to the extent applicable to the percentage adjustment under paragraph (3). ``(B) Computation of base to reflect limitation.-- The Secretary shall adjust the number taken into account under paragraph (3)(B) so that any increase which is not taken into account by reason of subparagraph (A) shall not be taken into account at any time so as to allow such increase for any period. ``(C) Definitions.--For purposes of this paragraph, the terms `achieved substitution bias correction' and `upper level substitution bias' mean, with respect to any 12-month period ending on August 31 of a calendar year, the achieved substitution bias correction and upper level substitution bias most recently published by the Secretary of Labor pursuant to section 8(a) of the 21st Century Retirement Act of 1999 for a period ending on or before August 31 of such calendar year.''. (g) Corresponding Amendments to Other Provisions Utilizing the Consumer Price Index.-- (1) In general.--For purposes of determining the amount of any cost-of-living adjustment which takes effect for benefits payable after December 31, 1999, with respect to any benefit described in paragraph (5)-- (A) any increase in the relevant index (determined without regard to this subsection) shall be reduced by the number of percentage points determined under paragraph (2), and (B) the amount of the increase in such benefit shall be equal to the product of-- (i) the increase in the relevant index (as reduced under subparagraph (A)), and (ii) the average such benefit for the preceding calendar year under the program described in paragraph (5) which provides such benefit. (2) Limitation on increases.-- (A) In general.--The number of percentage points determined under this paragraph for any calendar year is-- (i) the upper level substitution bias, to the extent applicable to the percentage adjustment under the relevant index, plus (ii) the excess (if any) of 0.33 percentage points over the sum of-- (I) such upper level substitution bias, and (II) the achieved substitution bias correction, to the extent applicable to the percentage adjustment under the relevant index,. (B) Computation of base to reflect limitation.--Any increase which is not taken into account by reason of subparagraph (A) shall not be taken into account at any time so as to allow such increase for any period. (3) Paragraph (1) to apply only to computation of benefit amounts.--Paragraph (1) shall apply only for purposes of determining the amount of benefits and not for purposes of determining-- (A) whether a threshold increase in the relevant index has been met, or (B) increases in amounts under other provisions of law not described in paragraph (5) which operate by reference to increases in such benefits. (4) Definitions.--For purposes of this subsection-- (A) Cost-of-living adjustment.--The term ``cost-of- living adjustment'' means any adjustment in the amount of benefits described in paragraph (5) which is determined by reference to changes in an index. (B) Index.-- (i) Index.--The term ``index'' means the Consumer Price Index and any other index of price or wages. (ii) Relevant index.--The term ``relevant index'' means the index on the basis of which the amount of the cost-of-living adjustment is determined. (C) Achieved substitution bias correction; upper level substitution bias.--The terms `achieved substitution bias correction' and `upper level substitution bias' mean, with respect to the applicable 12-month period preceding a cost-of-living adjustment, the achieved substitution bias correction and upper level substitution bias most recently published by the Secretary of Labor pursuant to section 8(a) of the 21st Century Retirement Act of 1999. (5) Benefits to which subsection applies.--For purposes of this subsection, the benefits described in this paragraph are-- (A) retired and retainer pay subject to adjustment under section 1401a of title 10, United States Code; (B) civil service retirement benefits under section 8340 of title 5, United States Code, foreign service retirement benefits under section 826 of the Foreign Service Act of 1980, Central Intelligence Agency retirement benefits under part J of the Central Intelligence Agency Retirement Act of 1964 for certain employees, and any other benefits under any similar provision under any retirement system for employees of the government of the United States; (C) Federal workers' compensation under section 8146a of title 5, United States Code; (D) benefits under section 3(a), 4(a), or 4(f) of the Railroad Retirement Act of 1974; and (E) benefits and expenditure limits under title XVIII or XIX of the Social Security Act. (6) Benefit.--For purposes of this section, the term ``benefit'' includes a payment. (h) Recapture to Federal Old-Age and Survivors Insurance Trust Fund.--Section 201 of the Social Security Act (42 U.S.C. 401) is amended by adding at the end the following new subsection: ``(n) On July 1 of each calendar year specified in the following table, the Secretary of the Treasury shall transfer, from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund, an amount equal to the applicable percentage for such year, specified in such table, of the total wages paid in and self-employment income credited to such year. ``For a calendar year-- The applicable percentage for the year is-- After 1999 and before 2001..... 0.03 percent. After 2000 and before 2002..... 0.07 percent. After 2001 and before 2003..... 0.13 percent. After 2002 and before 2004..... 0.15 percent. After 2003 and before 2005..... 0.20 percent. After 2004 and before 2006..... 0.24 percent. After 2005 and before 2007..... 0.28 percent. After 2006 and before 2008..... 0.32 percent. After 2007 and before 2009..... 0.35 percent. After 2008 and before 2010..... 0.38 percent. After 2009 and before 2016..... 0.47 percent. After 2015 and before 2040..... 0.55 percent. After 2039 and before 2060..... 0.66 percent. After 2059..................... 0.80 percent.''. SEC. 9. ADJUSTMENT TO UPPER 2 BENEFIT FORMULA FACTORS. Section 215(a)(1)(B) of the Social Security Act (42 U.S.C. 415(a)(1)(B)) is amended-- (1) by redesignating clause (iii) as clause (vi); and (2) by inserting after clause (ii) the following: ``(iii) For an individual who initially becomes eligible for old- age or disability insurance benefits, or who dies (before becoming eligible for such benefits), in any calendar year after 2005, each of the amounts otherwise established for purposes of clauses (ii) and (iii) of subparagraph (A) under this subparagraph shall be substituted with the product derived by successively multiplying, once for each year of the factoring period for such individual commencing with 2006-- ``(I) such amount (after applying this clause for earlier years of the factoring period), by ``(II) the designated factor for such year. ``(iv) For purposes of clause (iii), the term `factoring period' means, for an individual, the period beginning with 2006 and ending with the earlier of-- ``(I) the year of the individual's initial eligibility or death, or ``(II) 2030. ``(v) For purposes of clause (iii), the term `designated factor' means-- ``(I) for a year prior to 2011, 0.985, and ``(II) for a year after 2010, 0.980.''. SEC. 10. PHASED-IN INCREASE IN SOCIAL SECURITY RETIREMENT AGES. (a) Normal Retirement Age.--Section 216(l) of the Social Security Act (42 U.S.C. 416(l) is amended-- (1) in paragraph (1), by striking subparagraphs (A), (B), (C), (D), and (E) and inserting the following: ``(A) with respect to an individual who attains age 62 (or in the case of a widow's or widower's insurance benefit, age 60) before January 1, 2000, 65 years of age; ``(B) with respect to an individual who attains age 62 (or in the case of a widow's or widower's insurance benefit, age 60) after December 31, 1999 and before January 1, 2011, 65 years of age plus \2/12\ of the number of months in the period beginning with January 2000 and ending with December of the year in which the individual attains age 62 (or in the case of a widow's or widower's insurance benefit, age 60); ``(C) with respect to an individual who attains age 62 (or in the case of a widow's or widower's insurance benefit, age 60) after December 31, 2010, and before January 1, 2012, 67 years of age; and ``(D) with respect to an individual who attains age 62 (or in the case of a widow's or widower's insurance benefit, age 60) after December 31, 2011, 67 years of age plus \1/24\ of the number of months in the period beginning with January 2012 and ending with December of the year in which the individual attains age 62 (rounded down to a full month).''; and (2) by striking paragraph (3). (b) Early Retirement Age.--Section 216(l)(2) of the Social Security Act (42 U.S.C. 416(l)(2)) is amended to read as follows: ``(2) The term `early retirement age' means-- ``(A)(i) in the case of an old-age, wife's, or husband's insurance benefit, except as provided in subparagraph (B), age 62, and ``(ii) in the case of a widow's or widower's insurance benefit, age 60; and ``(B) in the case of an old-age, wife's, or husband's insurance benefit with respect to an individual who attains age 62 after December 31, 2011, 62 years of age plus \1/18\ of the number of whole months elapsing since such date.''. SEC. 11. MODIFICATION OF PIA FORMULA TO REFLECT CHANGES IN LIFE EXPECTANCY. (a) Modification of Formula.--Section 215(a)(1) of the Social Security Act (42 U.S.C. 415(a)(1)(B)) is amended by redesignating subparagraph (D) as subparagraph (E) and by inserting after subparagraph (C) the following new subparagraph: ``(D)(i) For individuals who initially become eligible for old-age insurance benefits (or who die before becoming eligible for such benefits) in any calendar year after 2011, the primary insurance amount computed under this paragraph shall be the product derived by multiplying such amount as computed under the preceding subparagraphs of this paragraph the applicable number of times by 0.995. ``(ii) For purposes of the clause (i), the term `applicable number of times' means a number equal to the number of years beginning with 2012 and ending with the earlier of the year of initial eligibility (or death) or 2045.''. (b) Study of the Effect of Increases in Life Expectancy.-- (1) Study plan.--Not later than February 15, 2001, the Commissioner of Social Security shall submit to Congress a detailed study plan for evaluating the effects of increases in life expectancy on the expected level of retirement income from social security, pensions, and other sources. The study plan shall include a description of the methodology, data, and funding that will be required in order to provide to the Congress not later than February 15, 2006-- (A) an evaluation of trends in mortality and their relationship to trends in health status, among individuals approaching eligibility for old-age insurance benefits under title II of the Social Security Act; (B) an evaluation of trends in labor force participation among individuals approaching eligibility for such benefits and among individuals receiving such benefits, and of the factors that influence the choice between retirement and participation in the labor force; (C) an evaluation of changes, if any, in the disability insurance program under title II of the Social Security Act that would reduce the impact of changes in the retirement income of workers in poor health or physically demanding occupations; (D) an evaluation of the methodology used to develop projections for trends in mortality, health status, and labor force participation among individuals approaching eligibility for old-age insurance benefits and among individuals receiving such benefits; and (E) an evaluation of such other matters as the Commissioner deems appropriate for evaluating the effects of increases in life expectancy. (2) Report on results of study.--Not later than February 15, 2006, the Commissioner of Social Security shall provide to the Congress an evaluation of the implications of the trends studied under paragraph (1), along with recommendations, if any, of the extent to which the conclusions of such evaluations indicate that projected increases in life expectancy require modification in the disability insurance program under title II of the Social Security Act and other income support programs. SEC. 12. MECHANISM FOR REMEDYING UNFORESEEN DETERIORATION IN SOCIAL SECURITY SOLVENCY. (a) In General.--Section 709 of the Social Security Act (42 U.S.C. 910) is amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by striking ``Sec. 709. (a) If the Board of Trustees'' and all that follows through ``any such Trust Fund'' and inserting the following: ``Sec. 709. (a)(1)(A) If the Board of Trustees of the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund determines at any time, using intermediate actuarial assumptions, that the balance ratio of either such Trust Fund for any calendar year during the succeeding period of 75 calendar years will be zero, the Board shall promptly submit to each House of the Congress and to the President a report setting forth its recommendations for statutory adjustments affecting the receipts and disbursements of such Trust Fund necessary to maintain the balance ratio of such Trust Fund at not less than 20 percent, with due regard to the economic conditions which created such inadequacy in the balance ratio and the amount of time necessary to alleviate such inadequacy in a prudent manner. The report shall set forth specifically the extent to which benefits would have to be reduced, taxes under section 1401, 3101, or 3111 of the Internal Revenue Code of 1986 would have to be increased, or a combination thereof, in order to obtain the objectives referred to in the preceding sentence. ``(B) In addition to any reports under subparagraph (A), the Board shall, not later than May 30, 2001, prepare and submit to Congress and the President recommendations for statutory adjustments to the disability insurance program under title II of this Act to modify the changes in disability benefits under the Strengthening Social Security Act of 1998 without reducing the balance ratio of the Federal Disability Insurance Trust Fund. The Board shall develop such recommendations in consultation with the National Council on Disability, taking into consideration the adequacy of benefits under the program, the relationship of such program with old age benefits under such title, and changes in the process for determining initial eligibility and reviewing continued eligibility for benefits under such program. ``(2)(A) The President shall, no later than 30 days after the submission of the report to the President, transmit to the Board and to the Congress a report containing the President's approval or disapproval of the Board's recommendations. ``(B) If the President approves all the recommendations of the Board, the President shall transmit a copy of such recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. ``(C) If the President disapproves the recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval. The Board shall then transmit to the Congress and the President, no later than 60 days after the date of the submission of the original report to the President, a revised list of recommendations. ``(D) If the President approves all of the revised recommendations of the Board transmitted to the President under subparagraph (C), the President shall transmit a copy of such revised recommendations to the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. ``(E) If the President disapproves the revised recommendations of the Board, in whole or in part, the President shall transmit to the Board and the Congress the reasons for that disapproval, together with such revisions to such recommendations as the President determines are necessary to bring such recommendations within the President's approval. The President shall transmit a copy of such recommendations, as so revised, to the Board and the Congress as the President's recommendations, together with a certification of the President's adoption of such recommendations. ``(3)(A) This paragraph is enacted by Congress-- ``(i) as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution described in subparagraph (B), and it supersedes other rules only to the extent that it is inconsistent with such rules; and ``(ii) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. ``(B) For purposes of this paragraph, the term `joint resolution' means only a joint resolution which is introduced within the 10-day period beginning on the date on which the President transmits the President's recommendations, together with the President's certification, to the Congress under subparagraph (B), (D), or (E) of paragraph (2), and-- ``(i) which does not have a preamble; ``(ii) the matter after the resolving clause of which is as follows: `That the Congress approves the recommendations of the President as transmitted on ____ pursuant to section 709(a) of the Social Security Act, as follows: ________', the first blank space being filled in with the appropriate date and the second blank space being filled in with the statutory adjustments contained in the recommendations; and ``(iii) the title of which is as follows: `Joint resolution approving the recommendations of the President regarding social security.'. ``(C) A joint resolution described in subparagraph (B) that is introduced in the House of Representatives shall be referred to the Committee on Ways and Means of the House of Representatives. A joint resolution described in subparagraph (B) introduced in the Senate shall be referred to the Committee on Finance of the Senate. ``(D) If the committee to which a joint resolution described in subparagraph (B) is referred has not reported such joint resolution (or an identical joint resolution) by the end of the 20-day period beginning on the date on which the President transmits the recommendation to the Congress under paragraph (2), such committee shall be, at the end of such period, discharged from further consideration of such joint resolution, and such joint resolution shall be placed on the appropriate calendar of the House involved. ``(E)(i) On or after the third day after the date on which the committee to which such a joint resolution is referred has reported, or has been discharged (under subparagraph (D)) from further consideration of, such a joint resolution, it is in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the joint resolution. A Member may make the motion only on the day after the calendar day on which the Member announces to the House concerned the Member's intention to make the motion, except that, in the case of the House of Representatives, the motion may be made without such prior announcement if the motion is made by direction of the committee to which the joint resolution was referred. All points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion is highly privileged in the House of Representatives and is privileged in the Senate and is not debatable. The motion is not subject to amendment, or to a motion to postpone, or to a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the joint resolution is agreed to, the respective House shall immediately proceed to consideration of the joint resolution without intervening motion, order, or other business, and the joint resolution shall remain the unfinished business of the respective House until disposed of. ``(ii) Debate on the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 2 hours, which shall be divided equally between those favoring and those opposing the joint resolution. An amendment to the joint resolution is not in order. A motion further to limit debate is in order and not debatable. A motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. A motion to reconsider the vote by which the joint resolution is agreed to or disagreed to is not in order. ``(iii) Immediately following the conclusion of the debate on a joint resolution described in subparagraph (B) and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the joint resolution shall occur. ``(iv) Appeals from the decisions of the Chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a joint resolution described in subparagraph (B) shall be decided without debate. ``(F)(i) If, before the passage by one House of a joint resolution of that House described in subparagraph (B), that House receives from the other House a joint resolution described in subparagraph (B), then the following procedures shall apply: ``(I) The joint resolution of the other House shall not be referred to a committee and may not be considered in the House receiving it except in the case of final passage as provided in subclause (II). ``(II) With respect to a joint resolution described in subparagraph (B) of the House receiving the joint resolution, the procedure in that House shall be the same as if no joint resolution had been received from the other House, but the vote on final passage shall be on the joint resolution of the other House. ``(ii) Upon disposition of the joint resolution received from the other House, it shall no longer be in order to consider the joint resolution that originated in the receiving House. ``(b) If the Board of Trustees of the Federal Hospital Insurance Trust Fund or the Federal Supplementary Medical Insurance Trust Fund determines at any time that the balance ratio of either such Trust Fund''. (b) Conforming Amendments.-- (1) Section 709(b) of such Act (as amended by subsection (a) of this section) is amended by striking ``any such'' and inserting ``either such''. (2) Section 709(c) of such Act (as redesignated by subsection (a) of this section) is amended by inserting ``or (b)'' after ``subsection (a)''. <all>

usgpo

2024-06-24T03:05:38.182185

BILLS-106hr1795ih

National Institute of Biomedical Imaging and Engineering Establishment Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1795 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1795 To amend the Public Health Service Act to establish the National Institute of Biomedical Imaging and Engineering. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Burr of North Carolina (for himself and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to establish the National Institute of Biomedical Imaging and Engineering. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``National Institute of Biomedical Imaging and Engineering Establishment Act''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Basic research in imaging, bioengineering, computer science, informatics, and related fields is critical to improving health care but is fundamentally different from the research in molecular biology on which the current national research institutes at the National Institutes of Health (``NIH'') are based. To ensure the development of new techniques and technologies for the 21st century, these disciplines therefore require an identity and research home at the NIH that is independent of the existing institute structure. (2) Advances based on medical research promise new, more effective treatments for a wide variety of diseases, but the development of new, noninvasive imaging techniques for earlier detection and diagnosis of disease is essential to take full advantage of such new treatments and to promote the general improvement of health care. (3) The development of advanced genetic and molecular imaging techniques is necessary to continue the current rapid pace of discovery in molecular biology. (4) Advances in telemedicine, and teleradiology in particular, are increasingly important in the delivery of high quality, reliable medical care to rural citizens and other underserved populations. To fulfill the promise of telemedicine and related technologies fully, a structure is needed at the NIH to support basic research focused on the acquisition, transmission, processing, and optimal display of images. (5) A number of Federal departments and agencies support imaging and engineering research with potential medical applications, but a central coordinating body, preferably housed at the NIH, is needed to coordinate these disparate efforts and facilitate the transfer of technologies with medical applications. (6) Several breakthrough imaging technologies, including magnetic resonance imaging (``MRI'') and computed tomography (``CT''), have been developed primarily abroad, in large part because of the absence of a home at the NIH for basic research in imaging and related fields. The establishment of a central focus for imaging and bioengineering research at the NIH would promote both scientific advance and U.S. economic development. (7) At a time when a consensus exists to add significant resources to the NIH in coming years, it is appropriate to modernize the structure of the NIH to ensure that research dollars are expended more effectively and efficiently and that the fields of medical science that have contributed the most to the detection, diagnosis, and treatment of disease in recent years receive appropriate emphasis. (8) The establishment of a National Institute of Biomedical Imaging and Engineering at the NIH would accelerate the development of new technologies with clinical and research applications, improve coordination and efficiency at the NIH and throughout the Federal government, reduce duplication and waste, lay the foundation for a new medical information age, promote economic development, and provide a structure to train the young researchers who will make the pathbreaking discoveries of the next century. SEC. 3. ESTABLISHMENT OF NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND ENGINEERING. (a) In General.--Part C of title IV of the Public Health Service Act (42 U.S.C. 285 et seq.) is amended by adding at the end the following subpart: ``Subpart 18--National Institute of Biomedical Imaging and Engineering ``purpose of the institute ``Sec. 464z. (a) The general purpose of the National Institute of Biomedical Imaging and Engineering (in this section referred to as the `Institute') is the conduct and support of research, training, the dissemination of health information, and other programs with respect to biomedical imaging, biomedical engineering, and associated technologies and modalities with biomedical applications (in this section referred to as `biomedical imaging and engineering'). ``(b)(1) The Director of the Institute, with the advice of the Institute's advisory council, shall establish a National Biomedical Imaging and Engineering Program (in this section referred to as the `Program'). ``(2) Activities under the Program shall include the following with respect to biomedical imaging and engineering: ``(A) Research into the development of new techniques and devices. ``(B) Related research in physics, engineering, mathematics, computer science, and other disciplines. ``(C) Technology assessments and outcomes studies to evaluate the effectiveness of biologics, materials, processes, devices, procedures, and informatics. ``(D) Research in screening for diseases and disorders. ``(E) The advancement of existing imaging and engineering modalities, including imaging, biomaterials, and informatics. ``(F) The development of target-specific agents to enhance images and to identify and delineate disease. ``(G) The development of advanced engineering and imaging technologies and techniques for research from the molecular and genetic to the whole organ and body levels. ``(H) The development of new techniques and devices for more effective interventional procedures (such as image-guided interventions). ``(3)(A) With respect to the Program, the Director of the Institute shall prepare and transmit to the Secretary and the Director of NIH a plan to initiate, expand, intensify, and coordinate activities of the Institute with respect to biomedical imaging and engineering. The plan shall include such comments and recommendations as the Director of the Institute determines appropriate. The Director of the Institute shall periodically review and revise the plan and shall transmit any revisions of the plan to the Secretary and the Director of NIH. ``(B) The plan under subparagraph (A) shall include the recommendations of the Director of the Institute with respect to the following: ``(i) Where appropriate, the consolidation of programs of the National Institutes of Health for the express purpose of enhancing support of activities regarding basic biomedical imaging and engineering research. ``(ii) The coordination of the activities of the Institute with related activities of the other agencies of the National Institutes of Health and with related activities of other Federal agencies. ``(c) The establishment under section 406 of an advisory council for the Institute is subject to the following: ``(1) The number of members appointed by the Secretary shall be 12. ``(2) Of such members-- ``(A) 6 members shall be scientists, engineers, physicians, and other health professionals who represent disciplines in biomedical imaging and engineering and who are not officers or employees of the United States; and ``(B) 6 members shall be scientists, engineers, physicians, and other health professionals who represent other disciplines and are knowledgeable about the applications of biomedical imaging and engineering in medicine, and who are not officers or employees of the United States. ``(3) In addition to the ex officio members specified in section 406(b)(2), the ex officio members of the advisory council shall include the Director of the Centers for Disease Control and Prevention, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology (or the designees of such officers). ``(d)(1) Subject to paragraph (2), for the purpose of carrying out this section: ``(A) For fiscal year 2000, there is authorized to be appropriated an amount equal to the amount obligated by the National Institutes of Health during fiscal year 1999 for biomedical imaging and engineering, except that such amount shall be adjusted to offset any inflation occurring after October 1, 1998. ``(B) For each of the fiscal years 2001 and 2002, there is authorized to be appropriated an amount equal to the amount appropriated under subparagraph (A) for fiscal year 2000, except that such amount shall be adjusted for the fiscal year involved to offset any inflation occurring after October 1, 1999. ``(2) The authorization of appropriations for a fiscal year under paragraph (1) is hereby reduced by the amount of any appropriation made for such year for the conduct or support by any other national research institute of any program with respect to biomedical imaging and engineering.''. (b) Use of Existing Resources.--In providing for the establishment of the National Institute of Biomedical Imaging and Engineering pursuant to the amendment made by subsection (a), the Director of the National Institutes of Health (referred to in this subsection as ``NIH'')-- (1) may transfer to the National Institute of Biomedical Imaging and Engineering such personnel of NIH as the Director determines to be appropriate; (2) may, for quarters for such Institute, utilize such facilities of NIH as the Director determines to be appropriate; and (3) may obtain administrative support for the Institute from the other agencies of NIH, including the other national research institutes. (c) Construction of Facilities.--None of the provisions of this Act or the amendments made by the Act may be construed as authorizing the construction of facilities, or the acquisition of land, for purposes of the establishment or operation of the National Institute of Biomedical Imaging and Engineering. (d) Date Certain for Establishment of Advisory Council.--Not later than 90 days after the effective date of this Act under section 4, the Secretary of Health and Human Services shall complete the establishment of an advisory council for the National Institute of Biomedical Imaging and Engineering in accordance with section 406 of the Public Health Service Act and in accordance with section 464z of such Act (as added by subsection (a) of this section). (e) Conforming Amendment.--Section 401(b)(1) of the Public Health Service Act (42 U.S.C. 281(b)(1)) is amended by adding at the end the following subparagraph: ``(R) The National Institute of Biomedical Imaging and Engineering.''. SEC. 4. EFFECTIVE DATE. This Act takes effect October 1, 1999, or upon the date of the enactment of this Act, whichever occurs later. <all>

usgpo

2024-06-24T03:05:38.213654

BILLS-106hr1797ih

FHA Property Inspection Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1797 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1797 To amend section 203 of the National Housing Act to require properties that are subject to mortgages insured under the FHA single family housing mortgage insurance program to be inspected and determined to comply with the minimum property standards established by the Secretary of Housing and Urban Development. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Davis of Illinois (for himself and Mr. Gutierrez) introduced the following bill; which was referred to the Committee on Banking and Financial Services _______________________________________________________________________ A BILL To amend section 203 of the National Housing Act to require properties that are subject to mortgages insured under the FHA single family housing mortgage insurance program to be inspected and determined to comply with the minimum property standards established by the Secretary of Housing and Urban Development. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``FHA Property Inspection Act''. SEC. 2. INSPECTION REQUIREMENTS. Section 203 of the National Housing Act (12 U.S.C. 1709) is amended by inserting after subsection (k) the following new subsection: ``(l) Property Inspection.-- ``(1) In general.--Notwithstanding any other provision of this section, a dwelling may not be provided insurance pursuant to this section unless the dwelling has been determined, pursuant to an inspection by a building inspector certified under paragraph (2), to comply with the minimum property standards issued by the Secretary and applicable to properties insured under this section. ``(2) Certification of inspectors.--The Secretary shall establish such licensing and other qualifications for building inspectors as the Secretary considers appropriate to ensure that inspections under paragraph (1) are conducted in a competent and professional manner. The Secretary shall certify building inspectors meeting such qualifications as authorized to conduct such inspections.''. SEC. 3. EFFECTIVE DATE. The amendment made by section 2 shall apply only to properties approved for mortgage insurance after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:38.361354

BILLS-106hr1798ih

Clinical Research Enhancement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1798 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1798 To amend the Public Health Service Act to provide additional support for and to expand clinical research programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Greenwood (for himself, Mrs. Lowey, Mrs. Johnson of Connecticut, Mr. Brown of Ohio, Mr. Burr of North Carolina, Mr. Waxman, Mr. Pickering, Mr. Deal of Georgia, Mrs. Morella, Mr. Frank of Massachusetts, Ms. DeLauro, Mr. Nethercutt, Mr. Leach, Mr. English, Mr. Towns, Mr. Coyne, Mr. Lewis of Georgia, Mr. Nadler, Mr. Wicker, Mr. Filner, and Ms. Pelosi) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To amend the Public Health Service Act to provide additional support for and to expand clinical research programs, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Clinical Research Enhancement Act of 1999''. SEC. 2. FINDINGS AND PURPOSE. (a) Findings.--Congress makes the following findings: (1) Clinical research is critical to the advancement of scientific knowledge and to the development of cures and improved treatment for disease. (2) Tremendous advances in biology are opening doors to new insights into human physiology, pathophysiology and disease, creating extraordinary opportunities for clinical research. (3) Clinical research includes translational research which is an integral part of the research process leading to general human applications. It is the bridge between the laboratory and new methods of diagnosis, treatment, and prevention and is thus essential to progress against cancer and other diseases. (4) The United States will spend more than $1 trillion on health care in 1997, but the Federal budget for health research at the National Institutes of Health was $12.7 billion, only 1 percent of that total. (5) Studies at the Institute of Medicine, the National Research Council, and the National Academy of Sciences have all addressed the current problems in clinical research. (6) The Director of the National Institutes of Health has recognized the current problems in clinical research and appointed a special advisory committee, which recommended expanded support for existing NIH clinical research programs and the creation of new initiatives to recruit and retain clinical investigators. (7) The current level of training and support for health professionals in clinical research is fragmented, frequently undervalued, and potentially underfunded. (8) Young investigators are not only apprentices for future positions but a crucial source of energy, enthusiasm, and ideas in the day-to-day research that constitutes the scientific enterprise. Serious questions about the future of life-science research are raised by the following: (A) The number of young investigators applying for grants dropped by 54 percent between 1985 and 1993. (B) The number of physicians applying for first- time NIH research project grants fell from 838 in 1994 to 575 in 1997, a 31% reduction. (C) Newly independent life-scientists are expected to raise funds to support their new research programs and a substantial proportion of their own salaries. (9) The following have been cited as reasons for the decline in the number of active clinical researchers, and those choosing this career path: (A) A medical school graduate incurs an average debt of $85,619, as reported in the Medical School Graduation Questionnaire by the American Association of Medical Colleges (AAMC). (B) The prolonged period of clinical training required increases the accumulated debt burden. (C) The decreasing number of mentors and role models. (D) The perceived instability of funding from the National Institutes of Health and other Federal agencies. (E) The almost complete absence of clinical research training in the curriculum of training grant awardees. (F) Academic Medical Centers are experiencing difficulties in maintaining a proper environment for research in a highly competitive health care marketplace, which are compounded by the decreased willingness of third party payers to cover health care costs for patients engaged in research studies and research procedures. (10) In 1960, general clinical research centers were established under the Office of the Director of the National Institutes of Health with an initial appropriation of $3,000,000. (11) Appropriations for general clinical research centers in fiscal year 1998 equaled $167,000,000. Since the late 1960s, spending for general clinical research centers has declined from approximately 3% to 1% of the NIH budget. (12) In fiscal year 1998, there were 75 general clinical research centers in operation, supplying patients in the areas in which such centers operate with access to the most modern clinical research and clinical research facilities and technologies. (b) Purpose.--It is the purpose of this Act to provide additional support for and to expand clinical research programs. SEC. 3. INCREASING THE INVOLVEMENT OF THE NATIONAL INSTITUTES OF HEALTH IN CLINICAL RESEARCH. Section 402 of the Public Health Service Act (42 U.S.C. 282) is amended by adding at the end the following: ``(m)(1) The Director of NIH shall undertake activities to support and expand the involvement of the National Institutes of Health in clinical research. ``(2) In carrying out paragraph (1), the Director of NIH shall-- ``(A) implement the recommendations of the Division of Research Grants Clinical Research Study Group and other recommendations for enhancing clinical research, where applicable; and ``(B) establish an intramural clinical research fellowship program and a continuing education clinical research training program at NIH. ``(3) The Director of NIH, in cooperation with the Directors of the Institutes, Centers, and Divisions of the National Institutes of Health, shall support and expand the resources available for the diverse needs of the clinical research community, including inpatient, outpatient, and critical care clinical research. ``(4) The Director of NIH shall establish peer review mechanisms to evaluate applications for-- ``(A) Mentored Patient-Oriented Research Career Development Awards; ``(B) Mid-Career Investigator Awards in Patient-Oriented Research; ``(C) graduate training in clinical investigation awards; ``(D) intramural clinical research fellowships. Such review mechanisms shall include individuals who are exceptionally qualified to appraise the merits of potential clinical research training and research grant proposals.''. SEC. 4. GENERAL CLINICAL RESEARCH CENTERS. Part B of title IV of the Public Health Service Act (42 U.S.C. 284 et seq.) is further amended by adding at the end the following: ``SEC. 409C. GENERAL CLINICAL RESEARCH CENTERS. ``(a) Grants.--The Director of the National Center for Research Resources shall award grants for the establishment of general clinical research centers to provide the infrastructure for clinical research including clinical research training and career enhancement. Such centers shall support clinical studies and career development in all settings of the hospital or academic medical center involved. ``(b) Activities.--In carrying out subsection (a), the Director of NIH shall expand the activities of the general clinical research centers through the increased use of telecommunications and telemedicine initiatives. ``(c) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year. ``SEC. 409D. ENHANCEMENT AWARDS. ``(a) Mentored Patient-Oriented Research Career Development Awards.-- ``(1) In general.--The Director of the National Center for Research Resources shall make grants (to be referred to as `Mentored Patient-Oriented Research Career Development Awards') to support individual careers in clinical research at general clinical research centers or at other institutions that have the infrastructure and resources deemed appropriate for conducting patient-oriented clinical research. The Director of the National Center for Research Resources shall, where practicable, collaborate or consult with other Institute Directors in making awards under this subsection. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director may require. ``(3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year. ``(b) Mid-Career Investigator Awards in Patient-Oriented Research.-- ``(1) In general.--The Director of the National Center for Research Resources shall make grants (to be referred to as `Mid-Career Investigator Awards in Patient-Oriented Research') to support individual clinical research projects at general clinical research centers or at other institutions that have the infrastructure and resources deemed appropriate for conducting patient-oriented clinical research. The Director of the National Center for Research Resources shall, where practicable, collaborate or consult with other Institute Directors in making awards under this subsection. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director requires. ``(3) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year. ``(c) Graduate Training in Clinical Investigation Award.-- ``(1) In general.--The Director of the National Center for Research Resources shall make grants (to be referred to as `graduate training in clinical investigation awards') to support individuals pursuing master's or doctoral degrees in clinical investigation. ``(2) Applications.--An application for a grant under this subsection shall be submitted by an individual scientist at such time as the Director may require. ``(3) Limitations.--Grants shall be for terms of 2 years or more and will provide stipend, tuition, and institutional support for individual advanced degree programs in clinical investigation. ``(4) Definition.--As used in this subsection, the term `advanced degree programs in clinical investigation' means programs that award a master's or Ph.D. degree after 2 or more years of training in areas such as the following: ``(A) Analytical methods, biostatistics, and study design. ``(B) Principles of clinical pharmacology and pharmacokinetics. ``(C) Clinical epidemiology. ``(D) Computer data management and medical informatics. ``(E) Ethical and regulatory issues. ``(F) Biomedical writing. ``(5) Authorization of appropriations.--For the purpose of carrying out this subsection, there are authorized to be appropriated such sums as may be necessary for each fiscal year.''. SEC. 5. CLINICAL RESEARCH ASSISTANCE. (a) National Research Service Awards.--Section 487(a)(1)(C) of the Public Health Service Act (42 U.S.C. 288(a)(1)(C)) is amended by striking ``50 such'' and inserting ``100 such''. (b) Loan Repayment Program.--Section 487E of the Public Health Service Act (42 U.S.C. 288-5) is amended-- (1) in the section heading, by striking ``from disadvantaged backgrounds''; (2) in subsection (a)(1)-- (A) by striking ``who are from disadvantaged backgrounds''; and (B) by striking ``as employees of the National Institutes of Health'' and inserting ``as part of a clinical research training position''; (3) in subsection (a), by striking paragraph (3) and inserting the following: ``(3) Applicability of certain provisions regarding obligated service.--With respect to the National Health Service Corps Loan Repayment Program established under subpart III of part D of title III, the provisions of such subpart shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to such loan repayment program.''; (4) in subsection (b)-- (A) by striking ``Amounts'' and inserting the following: ``(1) In general.--Amounts''; and (B) by adding at the end the following: ``(2) Disadvantaged backgrounds set-aside.--In carrying out this section, the Secretary shall ensure that not less than 50 percent of the contracts involve those appropriately qualified health professionals who are from disadvantaged backgrounds.''; and (5) by adding at the end the following: ``(c) Definition.--As used in subsection (a)(1), the term `clinical research training position' means an individual serving in a general clinical research center or in clinical research at the National Institutes of Health, or a physician receiving a clinical research career enhancement award, or a graduate training in clinical investigation award. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each fiscal year.''. SEC. 6. DEFINITION. Section 409 of the Public Health Service Act (42 U.S.C. 284d) is amended-- (1) by striking ``For purposes'' and inserting ``(a) Health Service Research.--For purposes''; and (2) by adding at the end the following: ``(b) Clinical Research.--As used in this title, the term `clinical research' means patient oriented clinical research conducted with human subjects, or research on the causes and consequences of disease in human populations involving material of human origin (such as tissue specimens and cognitive phenomena) for which an investigator or colleague directly interacts with human subjects in an outpatient or inpatient setting to clarify a problem in human physiology, pathophysiology, or disease; or epidemiologic or behavioral studies, outcomes research, or health services research, or developing new technologies or therapeutic interventions.''. SEC. 7. OVERSIGHT BY GENERAL ACCOUNTING OFFICE. Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Congress a reporting describing the extent to which the National Institutes of Health has complied with the amendments made by this Act. <all>

usgpo

2024-06-24T03:05:38.387716

BILLS-106hr1796ih

Medicare Chronic Disease Prescription Drug Benefit Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1796 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1796 To amend part B of title XVIII of the Social Security Act to provide for a chronic disease prescription drug benefit under the Medicare Program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Cardin (for himself, Mr. Coyne, Mr. Levin, Mr. Stark, and Mrs. Thurman) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend part B of title XVIII of the Social Security Act to provide for a chronic disease prescription drug benefit under the Medicare Program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Medicare Chronic Disease Prescription Drug Benefit Act of 1999''. SEC. 2. MEDICARE CHRONIC DISEASE PRESCRIPTION DRUG BENEFIT. (a) Coverage.-- (1) In general.--Section 1832(a)(2) of the Social Security Act (42 U.S.C. 1395k(a)(2)) is amended-- (A) by striking ``and'' at the end of subparagraph (I); (B) by striking the period at the end of subparagraph (J) and inserting ``; and''; and (C) by adding at the end the following new subparagraph: ``(K) subject to subsection (b), prescription drugs for treatment of certain chronic conditions (as defined in section 1861(uu)(1)).''. (2) Provision of benefits through existing non-medicaid state prescription drug benefit programs.--Section 1832 of such Act (42 U.S.C. 1395k) is further amended-- (1) by redesignating subsection (b) as subsection (c); and (2) by inserting after subsection (a) the following new subsection: ``(b)(1) Prescription drug benefits shall not be available under subsection (a)(2)(K) to an individual to the extent that the individual receives benefits for the prescription drugs under a State non-medicaid prescription drug benefit program if the following requirements are met: ``(A) The program is sponsored or financially underwritten by a State, but Federal financial assistance under title XIX is not available for expenditures under the program. ``(B) The program is in operation as of May 1, 1999. ``(C) The State elects to receive payment (described in paragraph (2)) for providing benefits under this subsection. ``(D) The deductible and coinsurance applicable does not exceed the deductible and coinsurance otherwise applicable to the prescription drug benefit described in subsection (a)(2)(K). ``(2) The Secretary shall provide for payment to a State that operates a program that meets the requirements of paragraph (1) of an amount (agreed to by the State) that does not exceed the Secretary's estimate of the amount of payment that would have been made under this part (taking into account the application of a deductible and coinsurance) for prescription drugs for which coverage is provided under such program, if this subsection did not apply.''. (b) Definition of Benefit.-- (1) In general.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Prescription Drugs for Treatment of Certain Chronic Conditions ``(uu)(1) The term `prescription drugs for treatment of certain chronic conditions' means, subject to paragraph (3), prescription drugs described in paragraph (2) that have been shown to have a demonstrable effect in treating any of the following conditions (in the case of an individual who has been diagnosed by a physician as having that condition): ``(A) Hypertension. ``(B) Diabetes. ``(C) Congestive or ischemic heart disease. ``(D) Major depression. ``(E) Rheumatoid arthritis. ``(2) Prescription drugs described in this paragraph are-- ``(A) a prescription drug that meets the requirement of clause (i), (ii), or (iii) of section 1927(k)(2)(A); ``(B) a biological product described in section 1927(k)(2)(B); or ``(C) insulin described in section 1927(k)(2)(C). ``(3) The term `prescription drugs for treatment of certain chronic conditions' does not include any product-- ``(A) which may be distributed to individuals without a prescription; ``(B) when furnished as part of, or as incident to, a diagnostic service or any other item or service for which payment may be made under this title; ``(C) that was covered under this title on the day before the date of enactment of the Medicare Chronic Disease Prescription Drug Benefit Act of 1999; or ``(D) that is a therapeutically equivalent replacement for a product described in subparagraph (B) or (C), as determined by the Secretary.''. (2) Process for identification of covered drugs.--The Secretary of Health and Human Services shall implement a process for the timely identification of prescription drugs for treatment of certain chronic conditions that should be covered under section 1861(uu) of the Social Security Act, as added by paragraph (1). Under such process-- (A) within 60 days after the date of the enactment of this Act, the Agency for Health Care Policy and Research shall complete an initial review of the available data on the prevalence of conditions described in such section in the population of medicare beneficiaries, the adequacy of data demonstrating the effectiveness of different prescription drugs in treating such conditions, and the severity of potential complications in using such drugs; (B) within 6 months after the date of the enactment of this Act, the Secretary shall specify by rule the initial prescription drugs that shall be covered under such section; (C) thereafter the Secretary, taking into consideration recommendations made under subsection (e), may by rule change the prescription drugs that are so covered; and (D) the Secretary may, on an emergency basis, provide for the replacement of a prescription drug on the list if another drug (for the treatment of the same condition) is recalled. (3) Construction.--Nothing in this section (or the amendments made by this section) shall be construed-- (A) as preventing medicare beneficiaries from purchasing prescription drugs not identified under paragraph (2), including through coverage under a group health plan or medicare supplemental policy; and (B) the coverage under a medicare supplemental policy of prescription drugs for conditions not specified on the list complied under paragraph (2) shall not be considered to duplicate benefits under title XVIII of such Act, for purposes of applying section 1882(d)(3) of such Act (42 U.S.C. 1395ss(d)(3)). (c) Selection of Entity To Provide Drug Benefit; Payment.--Part B of title XVIII of the Social Security Act is amended by adding at the end the following new section: ``SEC. 1849. SELECTION OF ENTITIES TO PROVIDE OUTPATIENT DRUG BENEFIT; PAYMENT. ``(a) Establishment of Bidding Process.-- ``(1) In general.--The Secretary shall establish procedures under which the Secretary accepts bids from eligible entities and awards contracts to such entities in order to provide covered outpatient drugs to eligible beneficiaries in an area. Such contracts may be awarded based on shared risk, capitation, or performance. ``(2) Area.-- ``(A) Regional basis.--The contract entered into between the Secretary and an eligible entity shall require the eligible entity to provide covered outpatient drugs on a regional basis. ``(B) Determination.--In determining coverage areas under this section, the Secretary shall take into account the number of eligible beneficiaries in an area in order to encourage participation by eligible entities. ``(3) Submission of bids.--Each eligible entity desiring to provide covered outpatient drugs under this section shall submit a bid to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. Such bids shall include the amount the eligible entity will charge enrollees under subsection (e)(2) for covered outpatient drugs under the contract. ``(4) Access.--The Secretary shall ensure that-- ``(A) an eligible entity complies with the access requirements described in subsection (f)(5); ``(B) if an eligible entity employs formularies pursuant to subsection (f)(6)(A), such entity complies with the requirements of subsection (f)(6)(B); ``(C) an eligible entity makes available to each beneficiary covered under the contract at least one drug in each therapeutic class from those approved by the Secretary for the treatment of certain chronic conditions and at least one generic equivalent for each drug, if available; and ``(D) an eligible entity makes available to each such beneficiary alternative prescription drugs for the treatment of certain chronic conditions when a physician certifies that, because of a drug allergy or other documented medical condition, that none of the drugs approved by the Secretary for the treatment of these conditions can adequately treat the patient and that these drugs are medically necessary. ``(5) Duration of contracts.--Each contract under this section shall be for a term of at least 2 years but not more than 5 years, as determined by the Secretary. ``(b) Enrollment.-- ``(1) In general.--The Secretary shall establish a process through which an eligible beneficiary shall make an election to enroll with any eligible entity that has been awarded a contract under this section and serves the geographic area in which the beneficiary resides. In establishing such process, the Secretary shall use rules similar to the rules for enrollment and disenrollment with a Medicare+Choice plan under section 1851. ``(2) Requirement of enrollment.--An eligible beneficiary not enrolled in a Medicare+Choice plan under part C must enroll with an eligible entity under this section in order to be eligible to receive covered outpatient drugs under this title. ``(3) Enrollment in absence of election by eligible beneficiary.--In the case of an eligible beneficiary that fails to make an election pursuant to paragraph (1), the Secretary shall provide, pursuant to procedures developed by the Secretary, for the enrollment of such beneficiary with an eligible entity that has a contract under this section that covers the area in which such beneficiary resides. ``(4) Areas not covered by contracts.--The Secretary shall develop procedures for the provision of covered outpatient drugs under this title to eligible beneficiaries that reside in an area that is not covered by any contract under this section. ``(5) Beneficiaries residing in different locations.--The Secretary shall develop procedures to ensure that an eligible beneficiary that resides in different regions in a year is provided benefits under this section throughout the entire year. ``(c) Providing Information to Beneficiaries.--The Secretary shall provide for activities under this section to broadly disseminate information to medicare beneficiaries on the coverage provided under this section. Such activities shall be similar to the activities performed by the Secretary under section 1851(d). ``(d) Payments to Eligible Entities.--The Secretary shall establish procedures for making payments to an eligible entity under a contract. ``(e) Cost-Sharing.-- ``(1) Annual deductible.--Benefits under this section shall not begin in a year until the eligible beneficiary has met a $250 deductible. ``(2) Copayment.-- ``(A) In general.--Subject to subparagraph (B), the eligible beneficiary shall be responsible for making payments in an amount not greater than 20 percent of the cost (as stated in the contract) of any covered outpatient drug that is provided to the beneficiary. Pursuant to subsection (a)(4)(B), an eligible entity may reduce the payment amount that an eligible beneficiary is responsible for making to the entity. ``(B) No copayment for generics.--The copayment amount under subparagraph (A) shall be zero in the case of a covered outpatient drug that is a drug approved under section 505(j) of the Federal Food Drug and Cosmetic Act. ``(f) Conditions for Awarding Contract.--The Secretary shall not award a contract to an eligible entity under subsection (a) unless the Secretary finds that the eligible entity is in compliance with such terms and conditions as the Secretary shall specify, including the following: ``(1) Quality and financial standards.--The eligible entity meets quality and financial standards specified by the Secretary. ``(2) Information.--The eligible entity provides the Secretary with information that the Secretary determines is necessary in order to carry out the bidding process under this section, including data needed to implement subsection (a)(6) and data regarding utilization, expenditures, and costs. ``(3) Education.--The eligible entity establishes educational programs that meet the criteria established by the Secretary pursuant to subsection (g)(1). ``(4) Procedures to ensure proper utilization and to avoid adverse drug reactions.--The eligible entity has in place procedures to ensure the-- ``(A) appropriate utilization by eligible beneficiaries of the benefits to be provided under the contract; and ``(B) avoidance of adverse drug reactions among eligible beneficiaries enrolled with the entity. ``(5) Access.--The eligible entity ensures that the covered outpatient drugs are accessible and convenient to eligible beneficiaries covered under the contract, including by offering the services in the following manner: ``(A) Services during emergencies.--The offering of services 24 hours a day and 7 days a week for emergencies. ``(B) Contracts with retail pharmacies.--The offering of services-- ``(i) at a sufficient (as determined by the Secretary) number of retail pharmacies; and ``(ii) to the extent feasible, at retail pharmacies located throughout the eligible entity's service area. ``(6) Rules relating to provision of benefits.-- ``(A) Provision of benefits.--In providing benefits under a contract under this section, an eligible entity may-- ``(i) employ mechanisms to provide benefits economically, including the use of-- ``(I) formularies (pursuant to subparagraph (B)); ``(II) alternative methods of distribution; and ``(III) generic drug substitution; and ``(ii) use incentives to encourage eligible beneficiaries to select less costly means of receiving drugs. ``(B) Formularies.--If an eligible entity uses a formulary to contain costs under this Act-- ``(i) the eligible entity shall-- ``(I) ensure participation of practicing physicians and pharmacists in the development of the formulary; ``(II) include in the formulary at least 1 drug from each therapeutic class from the drugs identified under section 2(b)(2) of the Medicare Chronic Disease Prescription Drug Benefit Act of 1999 and provide at least 1 generic equivalent, if available; ``(III) provide for coverage of otherwise covered non-formulary drugs when recommended by prescribing providers; and ``(IV) disclose to current and prospective beneficiaries and to providers in the service area the nature of the formulary restrictions, including information regarding the drugs included in the formulary, copayment amounts, and any difference in the cost-sharing for different types of drugs; but ``(ii) nothing shall preclude an entity from-- ``(I) requiring higher cost-sharing for drugs provided under clause (i)(III), subject to limits established in subsection (e)(2)(A), except that an entity shall provide for coverage of a nonformulary drug on the same basis as a drug within the formulary if such nonformulary drug is determined by the prescribing provider to be medically indicated; ``(II) educating prescribing providers, pharmacists, and beneficiaries about medical and cost benefits of formulary products; and ``(III) requesting prescribing providers to consider a formulary product prior to dispensing of a nonformulary drug, as long as such request does not unduly delay the provision of the drug. ``(7) Procedures to compensate pharmacists for counseling.--The eligible entity shall compensate pharmacists for providing the counseling described in subsection (g)(2)(B). ``(8) Clinical outcomes.-- ``(A) Requirement.--The eligible entity shall comply with clinical quality standards as determined by the Secretary. ``(B) Development of standards.--The Secretary, in consultation with appropriate medical specialty societies, shall develop clinical quality standards that are applicable to eligible entities. Such standards shall be based on current standards of care. ``(9) Procedures regarding denials of care.--The eligible entity has in place procedures to ensure-- ``(A) the timely review and resolution of denials of care and complaints (including those regarding the use of formularies under paragraph (6)) by enrollees, or providers, pharmacists, and other individuals acting on behalf of such individual (with the individual's consent) in accordance with requirements (as established by the Secretary) that are comparable to such requirements for Medicare+Choice organizations under part C; ``(B) that beneficiaries are provided with information regarding the appeals procedures under this section at the time of enrollment; and ``(C) that providers receive information on the entity's procedures for coverage of otherwise covered non-formulary and alternative prescription drugs for treatment of certain chronic conditions. ``(g) Educational Requirements To Ensure Appropriate Utilization.-- ``(1) Establishment of program criteria.--The Secretary shall establish a model for comprehensive educational programs in order to assure the appropriate-- ``(A) prescribing and dispensing of covered outpatient drugs under this section; and ``(B) use of such drugs by eligible beneficiaries. ``(2) Elements of model.--The model established under paragraph (1) shall include the following elements: ``(A) On-line prospective review available 24 hours a day and 7 days a week in order to evaluate each prescription for drug therapy problems due to duplication, interaction, or incorrect dosage or duration of therapy. ``(B) Consistent with State law, guidelines for counseling eligible beneficiaries enrolled under a contract under this section regarding-- ``(i) the proper use of prescribed covered outpatient drugs; and ``(ii) interactions and contra-indications. ``(C) Methods to identify and educate providers, pharmacists, and eligible beneficiaries regarding-- ``(i) instances or patterns concerning the unnecessary or inappropriate prescribing or dispensing of covered outpatient drugs; ``(ii) instances or patterns of substandard care; ``(iii) potential adverse reactions to covered outpatient drugs; ``(iv) inappropriate use of antibiotics; ``(v) appropriate use of generic products; and ``(vi) the importance of using covered outpatient drugs in accordance with the instruction of prescribing providers. ``(h) Protection of Patient Confidentiality.--Insofar as an eligible organization maintains individually identifiable medical records or other health information regarding enrollees under a contract entered into under this section, the organization shall-- ``(1) safeguard the privacy of any individually identifiable enrollee information; ``(2) maintain such records and information in a manner that is accurate and timely; and ``(3) assure timely access of such enrollees to such records and information. ``(i) Definitions.--In this section: ``(1) Covered outpatient drug.-- ``(A) In general.--Except as provided in subparagraph (B), the term `covered outpatient drug' means prescription drugs for treatment of certain chronic conditions (as defined in section 1861(uu)(1)). ``(B) Exclusion.--The term `covered outpatient drug' does not include any product-- ``(i) which may be distributed to individuals without a prescription; ``(ii) when furnished as part of, or as incident to, a diagnostic service or any other item or service for which payment may be made under this title; ``(iii) that was covered under this title on the day before the date of enactment of the Medicare Chronic Disease Prescription Drug Benefit Act of 1999; or ``(iv) that is a therapeutically equivalent replacement for a product described in clause (ii) or (iii), as determined by the Secretary. ``(2) Eligible beneficiary.--The term `eligible beneficiary' means an individual that is enrolled under part B of this title. ``(3) Eligible entity.--The term `eligible entity' means any entity that the Secretary determines to be appropriate, including-- ``(A) pharmaceutical benefit management companies; ``(B) wholesale and retail pharmacist delivery systems; ``(C) insurers; ``(D) other entities; or ``(E) any combination of the entities described in subparagraphs (A) through (D).''. (2) No application to regular part b deductible.--Section 1833(b) of such Act (42 U.S.C. 1395l(b)) is amended-- (A) in paragraph (1), by inserting ``or for prescription drugs for treatment of certain chronic conditions'' after ``section 1861(s)(10)(A)''; and (B) in paragraph (2), by inserting ``and shall not apply with respect to prescription drugs for treatment of certain chronic conditions' after ``section 1861(kk)))''. (3) Payment conforming amendment.--Section 1832(a) of such Act (42 U.S.C. 1395k(a)) is amended-- (A) in paragraph (2)(A), by striking ``and (I)'' and inserting ``(I), and (K)''; (B) by striking ``and'' at the end of paragraph (8); (C) by striking the period at the end of subparagraph (9) and inserting ``; and''; and (D) by adding at the end the following new paragraph: ``(10) with respect to prescription drugs for treatment of certain chronic conditions, the amounts provided under section 1849;''. (d) Analysis of Benefit.-- (1) In general.--The Secretary of Health and Human Services shall enter into an arrangement with the Institute of Medicine of the National Academy of Sciences under which the Institute on an ongoing basis collects and analyzes data, and submits annual reports to the Secretary and Congress, on-- (A) the effectiveness of the benefits provided under the amendments made by this section in reducing demand for acute medical services; (B) the annual cost of the benefits and the annual savings in acute medical services; and (C) additional diagnoses, and additional prescription drugs, for which such benefits should be provided, using the criteria described in section 2(b)(2)(A) of this Act. (2) Consultation.--In carrying out paragraph (1)(C), the Secretary shall establish a process through which health care providers, advocacy groups, and other interested parties may submit evidence to the Institute of Medicine and the Institute shall consider such evidence. (3) Considerations.--Analyses under this subsection shall consider both the short term and long term benefits, and costs to the medicare program of any change in benefits. (4) Secretarial recommendations.--The Secretary, taking into account the annual reports submitted under this subsection, may submit to Congress recommendations regarding changes in the chronic conditions for which prescription drug coverage is available under the medicare program. (5) Hearings.--The Committee on Ways and Means and the Committee on Commerce of the House of Representatives and the Committee on Finance of the Senate shall conduct hearings to consider the reports and recommendations submitted under this subsection before making any change in covered prescription drug benefits under the medicare program. (6) Funding.--From funds appropriated to the Department of Health and Human Services for each fiscal year (beginning with fiscal year 2000), the Secretary shall provide for such funding as the Secretary determines necessary for the conduct of the analyses conducted under this subsection. (e) Effective Date.--Benefits shall first be made available under the amendments made by this section for prescription drugs furnished on or after January 1, 2001. SEC. 3. MEDICAID COVERAGE OF MEDICARE PRESCRIPTION DRUG COST SHARING FOR SLMBS. Section 1902(a)(10)(E)(iii) of the Social Security Act (42 U.S.C. 1396a(a)(10)(E)(iii)) by inserting ``and medicare cost-sharing described in subparagraphs (B) and (C) of section 1905(p)(3) with respect to the deductible and copayment described in section 1849(e)'' after ``section 1905(p)(4),''. <all>

usgpo

2024-06-24T03:05:38.395613

BILLS-106hr1799ih

Veterans Sexual Trauma Treatment Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1799 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1799 To amend title 38, United States Code, to revise and improve the authorities of the Secretary of Veterans Affairs relating to the provision of counseling and treatment for sexual trauma experienced by veterans. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Gutierrez introduced the following bill; which was referred to the Committee on Veterans Affairs _______________________________________________________________________ A BILL To amend title 38, United States Code, to revise and improve the authorities of the Secretary of Veterans Affairs relating to the provision of counseling and treatment for sexual trauma experienced by veterans. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Veterans Sexual Trauma Treatment Act''. SEC. 2. COUNSELING AND TREATMENT FOR VETERANS WHO HAVE EXPERIENCED SEXUAL TRAUMA. (a) Duration of Program.--Section 1720D of title 38, United States Code, is amended in subsection (a)-- (1) in paragraph (1), by striking ``During the period through December 31, 2001, the'' and inserting ``The''; (2) in paragraph (2), by striking ``During the period referred to in paragraph (1), the'' and inserting ``The''; and (3) in paragraph (3), by striking ``, during the period through December 31, 2001,''. (b) Mandatory Nature of Program.--Subsection (a) of such section is further amended in paragraphs (1) and (2) by striking ``may'' and inserting ``shall''. (c) Provision of Treatment for Sexual Trauma.--Such subsection is further amended in paragraphs (1) and (3) by inserting ``and treatment'' after ``counseling'' each place it appears. (d) Determinations To Be Made by Mental Health Professionals.--Such subsection is further amended in paragraph (1) by striking ``the Secretary determines'' and inserting ``a mental health professional employed by the Department determines''. (e) Outreach Efforts.--Subsection (c) of such section is amended-- (1) by inserting ``and treatment'' in the first sentence and in paragraph (2) after ``counseling''; (2) by striking ``and'' at the end of paragraph (1); (3) by redesignating paragraph (2) as paragraph (3); and (4) by inserting after paragraph (1) the following new paragraph (2): ``(2) shall ensure that information about the counseling and treatment available to veterans under this section (which shall be revised and updated not less often than every two years)-- ``(A) is made available and visibly posted at each facility of the Department; and ``(B) is advertised through public service announcements, pamphlets, billboards, and other appropriate means of communication; and''. (f) Persons Eligible for Counseling and Treatment.--Such section is further amended by adding at the end the following new subsection: ``(e)(1) A veteran shall be eligible for counseling and treatment under this section without regard to the provisions of section 5303A of this title. ``(2) An individual who is a member of a reserve component shall be eligible for counseling and treatment under this section in the same manner as a veteran and without regard to the provisions of section 5303A of this title. ``(3) An individual who is a former member of a reserve component (but who is not a veteran within the meaning of section 101 of this title) and who was discharged or released from service as a member of a reserve component under conditions other than dishonorable shall be eligible for counseling and treatment under this section in the same manner as a veteran and without regard to the provisions of section 5303A of this title.''. (g) Oversight of Outreach Activities.--Not later than four months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall complete the design and updating of public service announcements, pamphlets, billboards, and other appropriate means of communication as required for implementation of paragraph (2) of section 1720D(c) of title 38, United States Code, as added by subsection (e)(3). Not later than six months after that date, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives examples of the documents and other means of communication developed for compliance with that paragraph. (h) Report on Implementation of Sexual Trauma Treatment Program.-- Not later than 14 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the use made of the authority provided under section 1720D of title 38, United States Code, as amended by this section. The report shall include the following with respect to activities under that section since the enactment of such section: (1) The number of persons who have sought counseling under such section. (2) The number of veterans who have received counseling under such section. (3) The number of veterans who have been referred to non- Department mental health facilities and providers in connection with sexual trauma counseling and treatment. (4) The number of veterans who have been determined by the Secretary to have a service-connected disease or disability resulting from sexual trauma. SEC. 3. REPORT ON EFFORTS TO PROVIDE VETERANS WITH INFORMATION CONCERNING SEXUAL TRAUMA COUNSELING AND TREATMENT SERVICES. (a) Report Required.--Not later than 14 months after the date of the enactment of this Act, the Secretary of Veterans Affairs and the Secretary of Defense shall submit to the congressional committees specified in subsection (b) a joint report describing in detail the collaborative efforts of the Department of Veterans Affairs and the Department of Defense to ensure that members of the Armed Forces, upon separation from active military, naval, or air service, are provided appropriate and current information about programs of the Department of Veterans Affairs to provide counseling and treatment for sexual trauma that may have been experienced by those members while in the active military, naval, or air service, including information about eligibility requirements for, and procedures for applying for, such counseling and treatment. The report shall include proposed recommendations from both the Secretary of Veterans Affairs and the Secretary of Defense for the improvement of their collaborative efforts to provide such information. (b) Specified Committees.--The committees referred to in subsection (a) are the following: (1) The Committee on Veterans' Affairs and the Committee on Armed Services of the House of Representatives (2) The Committee on Veterans' Affairs and the Committee on Armed Services of the Senate. <all>

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2024-06-24T03:05:38.465104

BILLS-106hr1801ih

Antitrust Technical Corrections Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1801 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1801 To make technical corrections to various antitrust laws and to references to such laws. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Hyde (for himself, Mr. Conyers, Mrs. Christensen, Mr. Faleomavaega, Ms. Norton, Mr. Romero-Barcelo, and Mr. Underwood) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Armed Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To make technical corrections to various antitrust laws and to references to such laws. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Antitrust Technical Corrections Act of 1999''. SEC. 2. AMENDMENTS. (a) Act of March 3, 1913.--The Act of March 3, 1913 (chapter 114, 37 Stat. 731; 15 U.S.C. 30) is repealed. (b) Panama Canal Act.-- Section 11 of the Panama Canal Act (37 Stat. 566; 15 U.S.C. 31) is amended by striking the undesignated paragraph that begins ``No vessel permitted''. (c) Sherman Act.--Section 3 of the Sherman Act (15 U.S.C. 2) is amended-- (1) by inserting ``(a)'' after ``Sec.-- 3'', and (2) by adding at the end the following: ``(b) Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the Territories of the United States and the District of Columbia, or between any of the several States and any Territory of the United States or the District of Columbia, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.''. (d) Wilson Tariff Act.-- (1) Technical amendment.--The Wilson Tariff Act (28 Stat. 570; 15 U.S.C. 8 et seq.) is amended-- (A) by striking section 77, and (B) in section 78-- (i) by striking ``76, and 77'' and inserting ``and 76'', and (ii) by redesignating such section as section 77. (2) Conforming amendments to other laws.-- (A) Clayton act.--Subsection (a) of the 1st section of the Clayton Act (15 U.S.C. 12(a)) is amended by striking ``seventy-seven'' and inserting ``seventy- six''. (B) Federal trade commission act.--Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by striking ``77'' and inserting ``76''. (C) Packers and stockyards act, 1921.--Section 405(a) of the Packers and Stockyards Act, 1921 (7 U.S.C. 225(a)) is amended by striking ``77'' and inserting ``76''. (D) Atomic energy act of 1954.--Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by striking ``seventy-seven'' and inserting ``seventy- six''. (E) Deep seabed hard mineral resources act.-- Section 103(d)(7) of the Deep Seabed Hard Mineral Resources Act (30 U.S.C. 1413(d)(7)) is amended by striking ``77'' and inserting ``76''. <all>

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2024-06-24T03:05:38.602727

BILLS-106hr1800ih

To amend the Violent Crime Control and Law Enforcement Act of 1994 to ensure that certain information regarding prisoners is reported to the Attorney General.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1800 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1800 To amend the Violent Crime Control and Law Enforcement Act of 1994 to ensure that certain information regarding prisoners is reported to the Attorney General. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Hutchinson (for himself and Mr. Scott) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Violent Crime Control and Law Enforcement Act of 1994 to ensure that certain information regarding prisoners is reported to the Attorney General. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REPORTING OF INFORMATION. Section 20101(b) of the Violent Crime Control and Law Enforcement Act of 1994 is amended-- (1) by redesignating paragraphs (6) through (9) as (7) through (10), respectively; and (2) inserting after paragraph (5) the following: ``(6) assurances that the State will follow the guidelines established by the Attorney General in reporting, on a quarterly basis, information regarding deaths of any prisoner that has been incarcerated or is en route to be incarcerated at any municipal or county jail, State prison, or other local or State correctional facility (including any juvenile facility) that, at a minimum, includes-- ``(A) the name, gender, ethnicity, and age of the deceased; ``(B) the date, time, and location of death; and ``(C) the circumstances surrounding the death.''. <all>

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2024-06-24T03:05:38.707406

BILLS-106hr1805ih

To amend the Internal Revenue Code of 1986 to allow a capital loss deduction with respect to the sale or exchange of a principal residence.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1805 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1805 To amend the Internal Revenue Code of 1986 to allow a capital loss deduction with respect to the sale or exchange of a principal residence. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mrs. Lowey (for herself and Mr. Gilman) 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 allow a capital loss deduction with respect to the sale or exchange of a principal residence. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CAPITAL LOSS DEDUCTION ALLOWED WITH RESPECT TO SALE OR EXCHANGE OF PRINCIPAL RESIDENCE. (a) In General.--Subsection (c) of section 165 of the Internal Revenue Code of 1986 (relating to limitation on losses of individuals) is amended by striking ``and'' at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting ``; and'', and by adding at the end the following new paragraph: ``(4) losses arising from the sale or exchange of the principal residence (within the meaning of section 121) of the taxpayer.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to sales and exchanges after the date of the enactment of this Act, in taxable years ending after such date. <all>

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2024-06-24T03:05:38.828362

BILLS-106hr1804ih

To authorize the Pyramid of Remembrance Foundation to establish a memorial in the District of Columbia or its environs to soldiers who have lost their lives during peacekeeping operations, humanitarian efforts, training, terrorist attacks, or covert operations.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1804 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1804 To authorize the Pyramid of Remembrance Foundation to establish a memorial in the District of Columbia or its environs to soldiers who have lost their lives during peacekeeping operations, humanitarian efforts, training, terrorist attacks, or covert operations. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. LaTourette (for himself, Ms. Berkley, Mr. Berman, Mr. Bilbray, Mr. Blagojevich, Mr. Bliley, Mr. Blunt, Mr. Boehlert, Mr. Borski, Mr. Boucher, Mr. Brady of Pennsylvania, Mr. Brown of Ohio, Mrs. Christensen, Mr. Cook, Mr. Cramer, Mr. Crowley, Mr. Cunningham, Mr. Davis of Illinois, Mr. Deal of Georgia, Mr. Diaz-Balart, Mr. Dixon, Ms. Dunn, Mrs. Emerson, Mr. English, Mr. Fossella, Mrs. Fowler, Mr. Frost, Mr. Gibbons, Mr. Gillmor, Mr. Gonzalez, Mr. Goodling, Mr. Gutknecht, Mr. Hall of Ohio, Mr. Hill of Indiana, Mr. Holden, Ms. Norton, Ms. Hooley of Oregon, Mr. Horn, Mr. Hoyer, Mr. Inslee, Mr. Kennedy of Rhode Island, Ms. Kilpatrick, Mr. King, Mr. Kucinich, Mr. LaHood, Mr. Lipinski, Mrs. McCarthy of New York, Mr. McGovern, Mr. McHugh, Ms. McKinney, Mr. Martinez, Mr. Mascara, Mr. Meehan, Mrs. Meek of Florida, Mr. Metcalf, Ms. Millender-McDonald, Mr. Gary Miller of California, Mrs. Myrick, Mr. Ney, Mr. Norwood, Mr. Pallone, Mr. Pascrell, Mr. Pitts, Ms. Pryce of Ohio, Mr. Rahall, Mr. Reyes, Mr. Rohrabacher, Mr. Romero-Barcelo, Mrs. Roukema, Mr. Sawyer, Mr. Schaffer, Mr. Sensenbrenner, Mr. Sherman, Mr. Shimkus, Mr. Shows, Mr. Smith of Washington, Mr. Snyder, Mr. Spratt, Mr. Stupak, Mr. Taylor of Mississippi, Mrs. Thurman, Mr. Traficant, Mr. Underwood, Ms. Velazquez, Mr. Wolf, Mr. Wynn, and Mr. Young of Florida) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To authorize the Pyramid of Remembrance Foundation to establish a memorial in the District of Columbia or its environs to soldiers who have lost their lives during peacekeeping operations, humanitarian efforts, training, terrorist attacks, or covert operations. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY TO ESTABLISH MEMORIAL. (a) In General.--The Pyramid of Remembrance Foundation is authorized to establish a memorial on Federal land in the District of Columbia or its environs to honor members of the Armed Forces of the United States who have lost their lives during peacekeeping operations, humanitarian efforts, training, terrorist attacks, or covert operations. (b) Compliance With Standards for Commemorative Works.--The Pyramid of Remembrance Foundation shall establish the memorial authorized by this Act in accordance with the Commemorative Works Act (40 U.S.C. 1001, et seq.), except that section 3(c) of that Act shall not apply. SEC. 2. FUNDS FOR MEMORIAL. (a) Use of Federal Funds Prohibited.--Except as provided by the Commemorative Works Act, no Federal funds may be used to pay any expense of the establishment of the memorial. (b) Deposit of Excess Funds.--If-- (1) upon payment of all expenses of the establishment of the memorial, including payment to the Treasury of the maintenance and preservation amount required by section 8(b) of the Commemorative Works Act; or (2) upon expiration of the authority for the memorial under section 10(b) of the Commemorative Works Act, there remains a balance of funds received for the establishment of the memorial, the Pyramid of Remembrance Foundation shall transmit that balance to the Secretary of the Treasury for deposit in the account provided for in section 8(b)(1) of the Commemorative Works Act. SEC. 3. DEFINITION. For the purposes of this Act, the term ``the District of Columbia and its environs'' has the meaning given that term in section 2 of the Commemorative Works Act. <all>

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2024-06-24T03:05:38.844109

BILLS-106hr1802ih

Foster Care Independence Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1802 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1802 To amend part E of title IV of the Social Security Act to provide States with more funding and greater flexibility in carrying out programs designed to help children make the transition from foster care to self-sufficiency, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mrs. Johnson of Connecticut (for herself and Mr. Cardin) introduced 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 consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend part E of title IV of the Social Security Act to provide States with more funding and greater flexibility in carrying out programs designed to help children make the transition from foster care to self-sufficiency, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title.--This Act may be cited as the ``Foster Care Independence Act of 1999''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--IMPROVED INDEPENDENT LIVING PROGRAM Subtitle A--Improved Independent Living Program Sec. 101. Improved independent living program. Subtitle B--Related Foster Care Provision Sec. 111. Increase in amount of assets allowable for children in foster care. Subtitle C--Medicaid Amendments Sec. 121. State option of medicaid coverage for adolescents leaving foster care. TITLE II--SSI FRAUD PREVENTION Subtitle A--Fraud Prevention and Related Provisions Sec. 201. Liability of representative payees for overpayments to deceased recipients. Sec. 202. Recovery of overpayments of SSI benefits from lump sum SSI benefit payments. Sec. 203. Additional debt collection practices. Sec. 204. Requirement to provide State prisoner information to Federal and federally assisted benefit programs. Sec. 205. Rules relating to collection of overpayments from individuals convicted of crimes. Sec. 206. Treatment of assets held in trust under the SSI program. Sec. 207. Disposal of resources for less than fair market value under the SSI program. Sec. 208. Administrative procedure for imposing penalties for false or misleading statements. Sec. 209. Exclusion of representatives and health care providers convicted of violations from participation in social security programs. Sec. 210. State data exchanges. Sec. 211. Study on possible measures to improve fraud prevention and administrative processing. Sec. 212. Annual report on amounts necessary to combat fraud. Sec. 213. Computer matches with medicare and medicaid institutionalization data. Sec. 214. Access to information held by financial institutions. Subtitle B--Benefits for Filipino Veterans of World War II Sec. 251. Provision of reduced SSI benefit to certain individuals who provided service to the Armed Forces of the United States in the Philippines during World War II after they move back to the Philippines. TITLE III--CHILD SUPPORT Sec. 301. Elimination of enhanced matching for laboratory costs for paternity establishment. Sec. 302. Elimination of hold harmless provision for State share of distribution of collected child support. TITLE IV--TECHNICAL CORRECTIONS Sec. 401. Technical corrections relating to amendments made by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. TITLE I--IMPROVED INDEPENDENT LIVING PROGRAM Subtitle A--Improved Independent Living Program SEC. 101. IMPROVED INDEPENDENT LIVING PROGRAM. (a) Findings.--The Congress finds the following: (1) States are required to make reasonable efforts to find adoptive families for all children, including older children, for whom reunification with their biological family is not in the best interests of the child. However, some older children will continue to live in foster care. These children should be enrolled in an Independent Living program designed and conducted by State and local government to help prepare them for employment, postsecondary education, and successful management of adult responsibilities. (2) About 20,000 adolescents leave the Nation's foster care system each year because they have reached 18 years of age and are expected to support themselves. (3) Congress has received extensive information that adolescents leaving foster care have significant difficulty making a successful transition to adulthood; this information shows that children aging out of foster care show high rates of homelessness, non-marital childbearing, poverty, and delinquent or criminal behavior; they are also frequently the target of crime and physical assaults. (4) The Nation's State and local governments, with financial support from the Federal Government, should offer an extensive program of education, training, employment, and financial support for young adults leaving foster care, with participation in such program beginning several years before high school graduation and continuing, as needed, until the young adults emancipated from foster care establish independence or reach 21 years of age. (b) Improved Independent Living Program.--Section 477 of the Social Security Act (42 U.S.C. 677) is amended to read as follows: ``SEC. 477. INDEPENDENT LIVING PROGRAM. ``(a) Purpose.--The purpose of this section is to provide States with flexible funding that will enable programs to be designed and conducted-- ``(1) to identify children who are likely to remain in foster care until 18 years of age and to design programs that help these children make the transition to self-sufficiency by providing services such as assistance in obtaining a high school diploma, career exploration, vocational training, job placement and retention, training in daily living skills, training in budgeting and financial management skills, and substance abuse prevention; ``(2) to help children who are likely to remain in foster care until 18 years of age receive the education, training, and services necessary to obtain employment; ``(3) to help children who are likely to remain in foster care until 18 years of age prepare for and enter postsecondary training and education institutions; ``(4) to provide personal and emotional support to children aging out of foster care, through mentors and the promotion of interactions with dedicated adults; and ``(5) to provide financial, housing, counseling, employment, education, and other appropriate support and services to former foster care recipients between 18 and 21 years of age to complement their own efforts to achieve self- sufficiency. ``(b) Applications.-- ``(1) In general.--A State may apply for funds from its allotment under subsection (c) for a period of 5 consecutive fiscal years by submitting to the Secretary, in writing, a plan that meets the requirements of paragraph (2) and the certifications required by paragraph (3) with respect to the plan. ``(2) State plan.--A plan meets the requirements of this paragraph if the plan specifies which State agency or agencies will administer, supervise, or oversee the programs carried out under the plan, and describes how the State intends to do the following: ``(A) Design and deliver programs to achieve the purposes of this section. ``(B) Ensure that all political subdivisions in the State are served by the program, though not necessarily in a uniform manner. ``(C) Ensure that the programs serve children of various ages and at various stages of achieving independence. ``(D) Involve the public and private sectors in helping adolescents in foster care achieve independence. ``(E) Use objective criteria for determining eligibility for benefits and services under the programs, and for ensuring fair and equitable treatment of benefit recipients. ``(F) Cooperate in national evaluations of the effects of the programs in achieving the purposes of this section. ``(3) Certifications.--The certifications required by this paragraph with respect to a plan are the following: ``(A) A certification by the chief executive officer of the State that the State will provide assistance and services to children who have left foster care but have not attained 21 years of age. ``(B) A certification by the chief executive officer of the State that not more than 30 percent of the amounts paid to the State from its allotment under subsection (c) for a fiscal year will be expended for room or board for children who have left foster care and have attained 18 years of age but not 21 years of age. ``(C) A certification by the chief executive officer of the State that none of the amounts paid to the State from its allotment under subsection (c) will be expended for room or board for any child who has not attained 18 years of age. ``(D) A certification by the chief executive officer of the State that the State has consulted widely with public and private organizations in developing the plan and that the State has given all interested members of the public at least 30 days to submit comments on the plan. ``(E) A certification by the chief executive officer of the State that the State will make every effort to coordinate the State programs receiving funds provided from an allotment made to the State under subsection (c) with other Federal and State programs for youth, especially transitional living youth projects funded under part B of title III of the Juvenile Justice and Delinquency Prevention Act of 1974. ``(F) A certification by the chief executive officer of the State that each Indian tribe in the State has been informed about the programs to be carried out under the plan; that each such tribe has been given an opportunity to comment on the plan before submission to the Secretary; and that benefits and services under the programs will be made available to Indian children in the State on the same basis as to other children in the State. ``(G) A certification by the chief executive officer of the State that the State has established and will enforce standards and procedures to prevent fraud and abuse in the programs carried out under the plan. ``(4) Approval.--The Secretary shall approve an application submitted by a State pursuant to paragraph (1) for a period if-- ``(A) the application is submitted on or before June 30 of the calendar year in which such period begins; ``(B) the Secretary finds that the application contains the material required by paragraph (1); and ``(C) all children in the State who have left foster care and have attained 18 years of age but not 21 years of age are eligible for medical assistance under the State plan approved under title XIX. ``(5) Authority to implement certain amendments; notification.--A State with an application approved under paragraph (4) may implement any amendment to the plan contained in the application if the application, incorporating the amendment, would be approvable under paragraph (4). Within 30 days after a State implements any such amendment, the State shall notify the Secretary of the amendment. ``(6) Availability.--The State shall make available to the public any application submitted by the State pursuant to paragraph (1), and a brief summary of the plan contained in the application. ``(c) Allotments to States.-- ``(1) In general.--From the amount specified in subsection (h) that remains after applying subsection (g)(2) for a fiscal year, the Secretary shall allot to each State with an application approved under subsection (b) for the fiscal year the amount which bears the same ratio to such remaining amount as the number of children in foster care under a program of the State in the most recent fiscal year for which such information is available bears to the total number of children in foster care in all States for such most recent fiscal year. ``(2) Hold harmless provision.--The Secretary shall ratably reduce the allotments made to States pursuant to paragraph (1) for a fiscal year to the extent necessary to ensure that the amount allotted to each State under paragraph (1) and this paragraph for the fiscal year is not less than the amount payable to the State under this section (as in effect before the enactment of the Foster Care Independence Act of 1999) for fiscal year 1998. ``(3) Reallotment of unused funds.--The Secretary shall use the formula provided in paragraph (1) of this subsection to reallot among the States with applications approved under subsection (b) for a fiscal year any amount allotted to a State under this subsection for the preceding year that is not payable to the State for the preceding year. ``(d) Use of Funds.-- ``(1) In general.--A State to which an amount is paid from its allotment under subsection (c) may use the amount in any manner that is reasonably calculated to accomplish the purposes of this section. ``(2) No supplantation of other funds available for same general purposes.--The amounts paid to a State from its allotment under subsection (c) shall be used to supplement and not supplant any other funds which are available for the same general purposes in the State. ``(e) Penalties.-- ``(1) Use of grant in violation of this part.--If the Secretary is made aware, by an audit conducted under chapter 75 of title 31, United States Code, or by any other means, that a program receiving funds from an allotment made to a State under subsection (c) has been operated in a manner that is inconsistent with, or not disclosed in the State application approved under subsection (b), the Secretary shall assess a penalty against the State in an amount equal to not less than 1 percent and not more than 5 percent of the amount of the allotment. ``(2) Failure to comply with data reporting requirement.-- The Secretary shall assess a penalty against a State that fails during a fiscal year to comply with an information collection plan implemented under subsection (f) in an amount equal to not less than 1 percent and not more than 5 percent of the amount allotted to the State for the fiscal year. ``(3) Penalties based on degree of noncompliance.--The Secretary shall assess penalties under this subsection based on the degree of noncompliance. ``(f) Data Collection and Performance Measurement.-- ``(1) In general.--The Secretary, in consultation with State and local public officials responsible for administering independent living and other child welfare programs, child welfare advocates, members of Congress, youth service providers, and researchers, shall-- ``(A) develop outcome measures (including measures of educational attainment, employment, avoidance of dependency, homelessness, nonmarital childbirth, and high-risk behaviors) that can be used to assess the performance of States in operating independent living programs; ``(B) identify data elements needed to track-- ``(i) the number and characteristics of children receiving services under this section; ``(ii) the type and quantity of services being provided; and ``(iii) State performance on the outcome measures; and ``(C) develop and implement a plan to collect the needed information beginning with the 2nd fiscal year beginning after the date of the enactment of this section. ``(2) Report to the congress.--Within 12 months after the date of the enactment of this section, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report detailing the plans and timetable for collecting from the States the information described in paragraph (1). ``(g) Evaluations.-- ``(1) In general.--The Secretary shall conduct evaluations of such State programs funded under this section as the Secretary deems to be innovative or of potential national significance. The evaluation of any such program shall include information on the effects of the program on education, employment, and personal development. To the maximum extent practicable, the evaluations shall be based on rigorous scientific standards including random assignment to treatment and control groups. The Secretary is encouraged to work directly with State and local governments to design methods for conducting the evaluations, directly or by grant, contract, or cooperative agreement. ``(2) Funding of evaluations.--The Secretary shall reserve 1.5 percent of the amount specified in subsection (h) for a fiscal year to carry out, during the fiscal year, evaluation, technical assistance, performance measurement, and data collection activities related to this section, directly or through grants, contracts, or cooperative agreements with appropriate entities. ``(h) Limitations on Authorization of Appropriations.--To carry out this section, there are authorized to be appropriated to the Secretary $140,000,000 for each fiscal year.''. (c) Payments to States.--Section 474(a)(4) of such Act (42 U.S.C. 674(a)(4)) is amended to read as follows: ``(4) the lesser of-- ``(A) 80 percent of the amount (if any) by which-- ``(i) the total amount expended by the State during the fiscal year in which the quarter occurs to carry out programs in accordance with the State application approved under section 477(b) for the period in which the quarter occurs (including any amendment that meets the requirements of section 477(b)(5)); exceeds ``(ii) the total amount of any penalties assessed against the State under section 477(e) during the fiscal year in which the quarter occurs; or ``(B) the amount allotted to the State under section 477 for the fiscal year in which the quarter occurs, reduced by the total of the amounts payable to the State under this paragraph for all prior quarters in the fiscal year.''. (d) Regulations.--Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue such regulations as may be necessary to carry out the amendments made by this section. Subtitle B--Related Foster Care Provision SEC. 111. INCREASE IN AMOUNT OF ASSETS ALLOWABLE FOR CHILDREN IN FOSTER CARE. Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is amended by adding at the end the following: ``In determining whether a child would have received aid under a State plan approved under section 402 (as in effect on July 16, 1996), a child whose resources (determined pursuant to section 402(a)(7)(B), as so in effect) have a combined value of not more than $10,000 shall be considered to be a child whose resources have a combined value of not more than $1,000 (or such lower amount as the State may determine for purposes of such section 402(a)(7)(B)).''. Subtitle C--Medicaid Amendments SEC. 121. STATE OPTION OF MEDICAID COVERAGE FOR ADOLESCENTS LEAVING FOSTER CARE. (a) In General.--Title XIX of the Social Security Act is amended-- (1) in section 1902(a)(10)(A)(ii) (42 U.S.C. 1396a(a)(10)(A)(ii))-- (A) by striking ``or'' at the end of subclause (XIII); (B) by adding ``or'' at the end of subclause (XIV); and (C) by adding at the end the following new subclause: ``(XV) who are independent foster care adolescents (as defined in (section 1905(v)(1)), or who are within any reasonable categories of such adolescents specified by the State;''; and (2) by adding at the end of section 1905 (42 U.S.C. 1396d) the following new subsection: ``(v)(1) For purposes of this title, the term `independent foster care adolescent' means an individual-- ``(A) who is under 21 years of age; ``(B) who, on the individual's 18th birthday, was in foster care under the responsibility of a State; and ``(C) whose assets, resources, and income do not exceed such levels (if any) as the State may establish consistent with paragraph (2). ``(2) The levels established by a State under paragraph (1)(C) may not be less than the corresponding levels applied by the State under section 1931(b). ``(3) A State may limit the eligibility of independent foster care adolescents under section 1902(a)(10)(A)(ii)(XV) to those individuals with respect to whom foster care maintenance payments or independent living services were furnished under a program funded under part E of title IV before the date the individuals attained 18 years of age.''. (b) Effective Date.--The amendments made by subsection (a) apply to medical assistance for items and services furnished on or after October 1, 1999. TITLE II--SSI FRAUD PREVENTION Subtitle A--Fraud Prevention and Related Provisions SEC. 201. LIABILITY OF REPRESENTATIVE PAYEES FOR OVERPAYMENTS TO DECEASED RECIPIENTS. (a) Amendment to Title II.--Section 204(a)(2) of the Social Security Act (42 U.S.C. 404(a)(2)) is amended by adding at the end the following new sentence: ``If any payment of more than the correct amount is made to a representative payee on behalf of an individual after the individual's death, the representative payee shall be liable for the repayment of the overpayment, and the Commissioner of Social Security shall establish an overpayment control record under the social security account number of the representative payee.''. (b) Amendment to Title XVI.--Section 1631(b)(2) of such Act (42 U.S.C. 1383(b)(2)) is amended by adding at the end the following new sentence: ``If any payment of more than the correct amount is made to a representative payee on behalf of an individual after the individual's death, the representative payee shall be liable for the repayment of the overpayment, and the Commissioner of Social Security shall establish an overpayment control record under the social security account number of the representative payee.''. (c) Effective Date.--The amendments made by this section shall apply to overpayments made 12 months or more after the date of the enactment of this Act. SEC. 202. RECOVERY OF OVERPAYMENTS OF SSI BENEFITS FROM LUMP SUM SSI BENEFIT PAYMENTS. (a) In General.--Section 1631(b)(1)(B)(ii) of the Social Security Act (42 U.S.C. 1383(b)(1)(B)(ii)) is amended-- (1) by inserting ``monthly'' before ``benefit payments''; and (2) by inserting ``and in the case of an individual or eligible spouse to whom a lump sum is payable under this title (including under section 1616(a) of this Act or under an agreement entered into under section 212(a) of Public Law 93-66) shall, as at least one means of recovering such overpayment, make the adjustment or recovery from the lump sum payment in an amount equal to not less than the lesser of the amount of the overpayment or 50 percent of the lump sum payment,'' before ``unless fraud''. (b) Effective Date.--The amendments made by this section shall take effect 12 months after the date of the enactment of this Act and shall apply to amounts incorrectly paid which remain outstanding on or after such date. SEC. 203. ADDITIONAL DEBT COLLECTION PRACTICES. (a) In General.--Section 1631(b) of the Social Security Act (42 U.S.C. 1383(b)) is amended-- (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following: ``(4)(A) With respect to any delinquent amount, the Commissioner of Social Security may use the collection practices described in sections 3711(f), 3716, 3717, and 3718 of title 31, United States Code, and in section 5514 of title 5, United States Code, all as in effect immediately after the enactment of the Debt Collection Improvement Act of 1996. ``(B) For purposes of subparagraph (A), the term `delinquent amount' means an amount-- ``(i) in excess of the correct amount of payment under this title; ``(ii) paid to a person after such person has attained 18 years of age; and ``(iii) determined by the Commissioner of Social Security, under regulations, to be otherwise unrecoverable under this section after such person ceases to be a beneficiary under this title.''. (b) Conforming Amendments.--Section 3701(d)(2) of title 31, United States Code, is amended by striking ``section 204(f)'' and inserting ``sections 204(f) and 1631(b)(4)''. (c) Technical Amendments.--Section 204(f) of the Social Security Act (42 U.S.C. 404(f)) is amended-- (1) by striking ``3711(e)'' and inserting ``3711(f)''; and (2) by inserting ``all'' before ``as in effect''. (d) Effective Date.--The amendments made by this section shall apply to debt outstanding on or after the date of the enactment of this Act. SEC. 204. REQUIREMENT TO PROVIDE STATE PRISONER INFORMATION TO FEDERAL AND FEDERALLY ASSISTED BENEFIT PROGRAMS. Section 1611(e)(1)(I)(ii)(II) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)) is amended by striking ``is authorized to'' and inserting ``shall''. SEC. 205. RULES RELATING TO COLLECTION OF OVERPAYMENTS FROM INDIVIDUALS CONVICTED OF CRIMES. (a) Waivers Inapplicable to Overpayments by Reason of Payment in Months in Which Beneficiary Is a Prisoner or a Fugitive.-- (1) Amendment to title ii.--Section 204(b) of the Social Security Act (42 U.S.C. 404(b)) is amended-- (A) by inserting ``(1)'' after ``(b)''; and (B) by adding at the end the following: ``(2) Paragraph (1) shall not apply with respect to any payment to any person made during a month in which such benefit was not payable under section 202(x).''. (2) Amendment to title xvi.--Section 1631(b)(1)(B)(i) of such Act (42 U.S.C. 1383(b)(1)(B)(i)) is amended by inserting ``unless (I) section 1611(e)(1) prohibits payment to the person of a benefit under this title for the month by reason of confinement of a type described in clause (i) or (ii) of section 202(x)(1)(A), or (II) section 1611(e)(5) prohibits payment to the person of a benefit under this title for the month,'' after ``administration of this title''. (b) 10-Year Period of Ineligibility for Persons Failing To Notify Commissioner of Overpayments in Months in Which Beneficiary Is a Prisoner or a Fugitive or Failing To Comply With Repayment Schedule for Such Overpayments.-- (1) Amendment to title ii.--Section 202(x) of such Act (42 U.S.C. 402(x)) is amended by adding at the end the following: ``(4)(A) No person shall be considered entitled to monthly insurance benefits under this section based on the person's disability or to disability insurance benefits under section 223 otherwise payable during the 10-year period that begins on the date the person-- ``(i) knowingly fails to timely notify the Commissioner of Social Security, in connection with any application for benefits under this title, of any prior receipt by such person of any benefit under this title or title XVI in any month in which such benefit was not payable under the preceding provisions of this subsection, or ``(ii) knowingly fails to comply with any schedule imposed by the Commissioner which is for repayment of overpayments comprised of payments described in subparagraph (A) and which is in compliance with section 204. ``(B) The Commissioner of Social Security shall, in addition to any other relevant factors, take into account any mental or linguistic limitations of a person (including any lack of facility with the English language) in determining whether the person has knowingly failed to comply with a requirement of clause (i) or (ii) of subparagraph (A).''. (2) Amendment to title xvi.--Section 1611(e)(1) of such Act (42 U.S.C. 1382(e)(1)) is amended by adding at the end the following: ``(J)(i) A person shall not be considered an eligible individual or eligible spouse for purposes of benefits under this title by reason of disability, during the 10-year period that begins on the date the person-- ``(I) knowingly fails to timely notify the Commissioner of Social Security, in an application for benefits under this title, of any prior receipt by the person of a benefit under this title or title II in a month in which payment to the person of a benefit under this title was prohibited by-- ``(aa) the preceding provisions of this paragraph by reason of confinement of a type described in clause (i) or (ii) of section 202(x)(1)(A); or ``(bb) section 1611(e)(4); or ``(II) knowingly fails to comply with any schedule imposed by the Commissioner which is for repayment of overpayments comprised of payments described in clause (i) of this subparagraph and which is in compliance with section 1631(b). ``(ii) The Commissioner of Social Security shall, in addition to any other relevant factors, take into account any mental or linguistic limitations of a person (including any lack of facility with the English language) in determining whether the person has knowingly failed to comply with a requirement of subclause (I) or (II) of clause (i).''. (c) Continued Collection Efforts Against Prisoners.-- (1) Amendment to title ii.--Section 204(b) of such Act (42 U.S.C. 404(b)), as amended by subsection (a)(1) of this section, is amended further by adding at the end the following new paragraph: ``(3) The Commissioner shall not refrain from recovering overpayments from resources currently available to any overpaid person or to such person's estate solely because such individual is confined as described in clause (i) or (ii) of section 202(x)(1)(A).''. (2) Amendment to title xvi.--Section 1631(b)(1)(A) of such Act (42 U.S.C. 1383(b)(1)(A)) is amended by adding after and below clause (ii) the following flush left sentence: ``The Commissioner shall not refrain from recovering overpayments from resources currently available to any individual solely because the individual is confined as described in clause (i) or (ii) of section 202(x)(1)(A).''. (d) Effective Date.--The amendments made by this section shall apply to overpayments made in, and to benefits payable for, months beginning 24 months or more after the date of the enactment of this Act. SEC. 206. TREATMENT OF ASSETS HELD IN TRUST UNDER THE SSI PROGRAM. (a) Treatment as Resource.--Section 1613 of the Social Security Act (42 U.S.C. 1382b) is amended by adding at the end the following: ``Trusts ``(e)(1) In determining the resources of an individual, paragraph (3) shall apply to a trust (other than a trust described in paragraph (5)) established by the individual. ``(2)(A) For purposes of this subsection, an individual shall be considered to have established a trust if any assets of the individual (or of the individual's spouse) are transferred to the trust other than by will. ``(B) In the case of an irrevocable trust to which are transferred the assets of an individual (or of the individual's spouse) and the assets of any other person, this subsection shall apply to the portion of the trust attributable to the assets of the individual (or of the individual's spouse). ``(C) This subsection shall apply to a trust without regard to-- ``(i) the purposes for which the trust is established; ``(ii) whether the trustees have or exercise any discretion under the trust; ``(iii) any restrictions on when or whether distributions may be made from the trust; or ``(iv) any restrictions on the use of distributions from the trust. ``(3)(A) In the case of a revocable trust established by an individual, the corpus of the trust shall be considered a resource available to the individual. ``(B) In the case of an irrevocable trust established by an individual, if there are any circumstances under which payment from the trust could be made to or for the benefit of the individual or the individual's spouse, the portion of the corpus from which payment to or for the benefit of the individual or the individual's spouse could be made shall be considered a resource available to the individual. ``(4) The Commissioner of Social Security may waive the application of this subsection with respect to an individual if the Commissioner determines that such application would work an undue hardship (as determined on the basis of criteria established by the Commissioner) on the individual. ``(5) This subsection shall not apply to a trust described in subparagraph (A) or (C) of section 1917(d)(4). ``(6) For purposes of this subsection-- ``(A) the term `trust' includes any legal instrument or device that is similar to a trust; ``(B) the term `corpus' means, with respect to a trust, all property and other interests held by the trust, including accumulated earnings and any other addition to the trust after its establishment (except that such term does not include any such earnings or addition in the month in which the earnings or addition is credited or otherwise transferred to the trust); and ``(C) the term `asset' includes any income or resource of the individual or of the individual's spouse, including-- ``(i) any income excluded by section 1612(b); ``(ii) any resource otherwise excluded by this section; and ``(iii) any other payment or property to which the individual or the individual's spouse is entitled but does not receive or have access to because of action by-- ``(I) the individual or spouse; ``(II) a person or entity (including a court) with legal authority to act in place of, or on behalf of, the individual or spouse; or ``(III) a person or entity (including a court) acting at the direction of, or on the request of, the individual or spouse.''. (b) Treatment as Income.--Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (E); (2) by striking the period at the end of subparagraph (F) and inserting ``; and''; and (3) by adding at the end the following: ``(G) any earnings of, and additions to, the corpus of a trust established by an individual (within the meaning of section 1613(e)), of which the individual is a beneficiary, to which section 1613(e) applies, and, in the case of an irrevocable trust, with respect to which circumstances exist under which a payment from the earnings or additions could be made to or for the benefit of the individual.''. (c) Effective Date.--The amendments made by this section shall take effect on January 1, 2000, and shall apply to trusts established on or after such date. SEC. 207. DISPOSAL OF RESOURCES FOR LESS THAN FAIR MARKET VALUE UNDER THE SSI PROGRAM. (a) In General.--Section 1613(c) of the Social Security Act (42 U.S.C. 1382b(c)) is amended-- (1) in the caption, by striking ``Notification of Medicaid Policy Restricting Eligibility of Institutionalized Individuals for Benefits Based on''; (2) in paragraph (1)-- (A) in subparagraph (A)-- (i) by inserting ``paragraph (1) and'' after ``provisions of''; (ii) by striking ``title XIX'' the first place it appears and inserting ``this title and title XIX, respectively,''; (iii) by striking ``subparagraph (B)'' and inserting ``clause (ii)''; (iv) by striking ``paragraph (2)'' and inserting ``subparagraph (B)''; (B) in subparagraph (B)-- (i) by striking ``by the State agency''; and (ii) by striking ``section 1917(c)'' and all that follows and inserting ``paragraph (1) or section 1917(c).''; and (C) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (3) in paragraph (2)-- (A) by striking ``(2)'' and inserting ``(B)''; and (B) by striking ``paragraph (1)(B)'' and inserting ``subparagraph (A)(ii)''; (4) by striking ``(c)(1)'' and inserting ``(2)(A)''; and (5) by inserting before paragraph (2) (as so redesignated by paragraph (4) of this subsection) the following: ``(c)(1)(A)(i) If an individual or the spouse of an individual disposes of resources for less than fair market value on or after the look-back date described in clause (ii)(I), the individual is ineligible for benefits under this title for months during the period beginning on the date described in clause (iii) and equal to the number of months calculated as provided in clause (iv). ``(ii)(I) The look-back date described in this subclause is a date that is 36 months before the date described in subclause (II). ``(II) The date described in this subclause is the date on which the individual applies for benefits under this title or, if later, the date on which the individual (or the spouse of the individual) disposes of resources for less than fair market value. ``(iii) The date described in this clause is the first day of the first month in or after which resources were disposed of for less than fair market value and which does not occur in any other period of ineligibility under this paragraph. ``(iv) The number of months calculated under this clause shall be equal to-- ``(I) the total, cumulative uncompensated value of all resources so disposed of by the individual (or the spouse of the individual) on or after the look-back date described in clause (ii)(I); divided by ``(II) the amount of the maximum monthly benefit payable under section 1611(b), plus the amount (if any) of the maximum State supplementary payment corresponding to the State's payment level applicable to the individual's living arrangement and eligibility category that would otherwise be payable to the individual by the Commissioner pursuant to an agreement under section 1616(a) of this Act or section 212(b) of Public Law 93- 66, for the month in which occurs the date described in clause (ii)(II), rounded, in the case of any fraction, to the nearest whole number, but shall not in any case exceed 36 months. ``(B)(i) Notwithstanding subparagraph (A), this subsection shall not apply to a transfer of a resource to a trust if the portion of the trust attributable to the resource is considered a resource available to the individual pursuant to subsection (e)(3) (or would be so considered but for the application of subsection (e)(4)). ``(ii) In the case of a trust established by an individual or an individual's spouse (within the meaning of subsection (e)), if from such portion of the trust, if any, that is considered a resource available to the individual pursuant to subsection (e)(3) (or would be so considered but for the application of subsection (e)(4)) or the residue of the portion on the termination of the trust-- ``(I) there is made a payment other than to or for the benefit of the individual; or ``(II) no payment could under any circumstance be made to the individual, then, for purposes of this subsection, the payment described in clause (I) or the foreclosure of payment described in clause (II) shall be considered a transfer of resources by the individual or the individual's spouse as of the date of the payment or foreclosure, as the case may be. ``(C) An individual shall not be ineligible for benefits under this title by reason of the application of this paragraph to a disposal of resources by the individual or the spouse of the individual, to the extent that-- ``(i) the resources are a home and title to the home was transferred to-- ``(I) the spouse of the transferor; ``(II) a child of the transferor who has not attained 21 years of age, or is blind or disabled; ``(III) a sibling of the transferor who has an equity interest in such home and who was residing in the transferor's home for a period of at least 1 year immediately before the date the transferor becomes an institutionalized individual; or ``(IV) a son or daughter of the transferor (other than a child described in subclause (II)) who was residing in the transferor's home for a period of at least 2 years immediately before the date the transferor becomes an institutionalized individual, and who provided care to the transferor which permitted the transferor to reside at home rather than in such an institution or facility; ``(ii) the resources-- ``(I) were transferred to the transferor's spouse or to another for the sole benefit of the transferor's spouse; ``(II) were transferred from the transferor's spouse to another for the sole benefit of the transferor's spouse; ``(III) were transferred to, or to a trust (including a trust described in section 1917(d)(4)) established solely for the benefit of, the transferor's child who is blind or disabled; or ``(IV) were transferred to a trust (including a trust described in section 1917(d)(4)) established solely for the benefit of an individual who has not attained 65 years of age and who is disabled; ``(iii) a satisfactory showing is made to the Commissioner of Social Security (in accordance with regulations promulgated by the Commissioner) that-- ``(I) the individual who disposed of the resources intended to dispose of the resources either at fair market value, or for other valuable consideration; ``(II) the resources were transferred exclusively for a purpose other than to qualify for benefits under this title; or ``(III) all resources transferred for less than fair market value have been returned to the transferor; or ``(iv) the Commissioner determines, under procedures established by the Commissioner, that the denial of eligibility would work an undue hardship as determined on the basis of criteria established by the Commissioner. ``(D) For purposes of this subsection, in the case of a resource held by an individual in common with another person or persons in a joint tenancy, tenancy in common, or similar arrangement, the resource (or the affected portion of such resource) shall be considered to be disposed of by the individual when any action is taken, either by the individual or by any other person, that reduces or eliminates the individual's ownership or control of such resource. ``(E) In the case of a transfer by the spouse of an individual that results in a period of ineligibility for the individual under this subsection, the Commissioner shall apportion the period (or any portion of the period) among the individual and the individual's spouse if the spouse becomes eligible for benefits under this title. ``(F) For purposes of this paragraph-- ``(i) the term `benefits under this title' includes payments of the type described in section 1616(a) of this Act and of the type described in section 212(b) of Public Law 93- 66; ``(ii) the term `institutionalized individual' has the meaning given such term in section 1917(e)(3); and ``(iii) the term `trust' has the meaning given such term in subsection (e)(6)(A) of this section.''. (b) Effective Date.--The amendments made by this section shall be effective with respect to disposals made on or after the date of enactment of this Act. SEC. 208. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES FOR FALSE OR MISLEADING STATEMENTS. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 1129 the following: ``SEC. 1129A. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES FOR FALSE OR MISLEADING STATEMENTS. ``(a) In General.--Any person who makes, or causes to be made, a statement or representation of a material fact for use in determining any initial or continuing right to or the amount of-- ``(1) monthly insurance benefits under title II; or ``(2) benefits or payments under title XVI, that the person knows or should know is false or misleading or knows or should know omits a material fact or makes such a statement with knowing disregard for the truth shall be subject to, in addition to any other penalties that may be prescribed by law, a penalty described in subsection (b) to be imposed by the Commissioner of Social Security. ``(b) Penalty.--The penalty described in this subsection is-- ``(1) nonpayment of benefits under title II that would otherwise be payable to the person; and ``(2) ineligibility for cash benefits under title XVI, for each month that begins during the applicable period described in subsection (c). ``(c) Duration of Penalty.--The duration of the applicable period, with respect to a determination by the Commissioner under subsection (a) that a person has engaged in conduct described in subsection (a), shall be-- ``(1) 6 consecutive months, in the case of a first such determination with respect to the person; ``(2) 12 consecutive months, in the case of a second such determination with respect to the person; and ``(3) 24 consecutive months, in the case of a third or subsequent such determination with respect to the person. ``(d) Effect on Other Assistance.--A person subject to a period of nonpayment of benefits under title II or ineligibility for title XVI benefits by reason of this section nevertheless shall be considered to be eligible for and receiving such benefits, to the extent that the person would be receiving or eligible for such benefits but for the imposition of the penalty, for purposes of-- ``(1) determination of the eligibility of the person for benefits under titles XVIII and XIX; and ``(2) determination of the eligibility or amount of benefits payable under title II or XVI to another person. ``(e) Definition.--In this section, the term `benefits under title XVI' includes State supplementary payments made by the Commissioner pursuant to an agreement under section 1616(a) of this Act or section 212(b) of Public Law 93-66. ``(f) Consultations.--The Commissioner of Social Security shall consult with the Inspector General of the Social Security Administration regarding initiating actions under this section.''. (b) Conforming Amendment Precluding Delayed Retirement Credit for any Month to Which a Nonpayment of Benefits Penalty Applies.--Section 202(w)(2)(B) of such Act (42 U.S.C. 402(w)(2)(B)) is amended-- (1) by striking ``and'' at the end of clause (i); (2) by striking the period at the end of clause (ii) and inserting ``, and''; and (3) by adding at the end the following: ``(iii) such individual was not subject to a penalty imposed under section 1129A.''. (c) Elimination of Redundant Provision.--Section 1611(e) of such Act (42 U.S.C. 1382(e)) is amended-- (1) by striking paragraph (4); (2) in paragraph (6)(A)(i), by striking ``(5)'' and inserting ``(4)''; and (3) by redesignating paragraphs (5) and (6) as paragraphs (4) and (5), respectively. (d) Regulations.--Within 6 months after the date of the enactment of this Act, the Commissioner of Social Security shall develop regulations that prescribe the administrative process for making determinations under section 1129A of the Social Security Act (including when the applicable period in subsection (c) of such section shall commence), and shall provide guidance on the exercise of discretion as to whether the penalty should be imposed in particular cases. (e) Effective Date.--The amendments made by this section shall apply to statements and representations made on or after the date of the enactment of this Act. SEC. 209. EXCLUSION OF REPRESENTATIVES AND HEALTH CARE PROVIDERS CONVICTED OF VIOLATIONS FROM PARTICIPATION IN SOCIAL SECURITY PROGRAMS. (a) In General.--Part A of title XI of the Social Security Act (42 U.S.C. 1301-1320b-17) is amended by adding at the end the following: ``exclusion of representatives and health care providers convicted of violations from participation in social security programs ``Sec. 1148. (a) In General.--The Commissioner of Social Security shall exclude from participation in the social security programs any representative or health care provider-- ``(1) who is convicted of a violation of section 208 or 1632 of this Act, ``(2) who is convicted of any violation under title 18, United States Code, relating to an initial application for or continuing entitlement to, or amount of, benefits under title II of this Act, or an initial application for or continuing eligibility for, or amount of, benefits under title XVI of this Act, or ``(3) who the Commissioner determines has committed an offense described in section 1129(a)(1) of this Act. ``(b) Notice, Effective Date, and Period of Exclusion.--(1) An exclusion under this section shall be effective at such time, for such period, and upon such reasonable notice to the public and to the individual excluded as may be specified in regulations consistent with paragraph (2). ``(2) Such an exclusion shall be effective with respect to services furnished to any individual on or after the effective date of the exclusion. Nothing in this section may be construed to preclude, in determining disability under title II or title XVI, consideration of any medical evidence derived from services provided by a health care provider before the effective date of the exclusion of the health care provider under this section. ``(3)(A) The Commissioner shall specify, in the notice of exclusion under paragraph (1), the period of the exclusion. ``(B) Subject to subparagraph (C), in the case of an exclusion under subsection (a), the minimum period of exclusion shall be five years, except that the Commissioner may waive the exclusion in the case of an individual who is the sole source of essential services in a community. The Commissioner's decision whether to waive the exclusion shall not be reviewable. ``(C) In the case of an exclusion of an individual under subsection (a) based on a conviction or a determination described in subsection (a)(3) occurring on or after the date of the enactment of this section, if the individual has (before, on, or after such date of enactment) been convicted, or if such a determination has been made with respect to the individual-- ``(i) on one previous occasion of one or more offenses for which an exclusion may be effected under such subsection, the period of the exclusion shall be not less than 10 years, or ``(ii) on 2 or more previous occasions of one or more offenses for which an exclusion may be effected under such subsection, the period of the exclusion shall be permanent. ``(c) Notice to State Agencies.--The Commissioner shall promptly notify each appropriate State agency employed for the purpose of making disability determinations under section 221 or 1633(a)-- ``(1) of the fact and circumstances of each exclusion effected against an individual under this section, and ``(2) of the period (described in subsection (b)(3)) for which the State agency is directed to exclude the individual from participation in the activities of the State agency in the course of its employment. ``(d) Notice to State Licensing Agencies.--The Commissioner shall-- ``(1) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of an individual excluded from participation under this section of the fact and circumstances of the exclusion, ``(2) request that appropriate investigations be made and sanctions invoked in accordance with applicable State law and policy, and ``(3) request that the State or local agency or authority keep the Commissioner and the Inspector General of the Social Security Administration fully and currently informed with respect to any actions taken in response to the request. ``(e) Notice, Hearing, and Judicial Review.--(1) Any individual who is excluded (or directed to be excluded) from participation under this section is entitled to reasonable notice and opportunity for a hearing thereon by the Commissioner to the same extent as is provided in section 205(b), and to judicial review of the Commissioner's final decision after such hearing as is provided in section 205(g). ``(2) The provisions of section 205(h) shall apply with respect to this section to the same extent as it is applicable with respect to title II. ``(f) Application for Termination of Exclusion.--(1) An individual excluded from participation under this section may apply to the Commissioner, in the manner specified by the Commissioner in regulations and at the end of the minimum period of exclusion provided under subsection (b)(3) and at such other times as the Commissioner may provide, for termination of the exclusion effected under this section. ``(2) The Commissioner may terminate the exclusion if the Commissioner determines, on the basis of the conduct of the applicant which occurred after the date of the notice of exclusion or which was unknown to the Commissioner at the time of the exclusion, that-- ``(A) there is no basis under subsection (a) for a continuation of the exclusion, and ``(B) there are reasonable assurances that the types of actions which formed the basis for the original exclusion have not recurred and will not recur. ``(3) The Commissioner shall promptly notify each State agency employed for the purpose of making disability determinations under section 221 or 1633(a) of the fact and circumstances of each termination of exclusion made under this subsection. ``(g) Availability of Records of Excluded Representatives and Health Care Providers.--Nothing in this section shall be construed to have the effect of limiting access by any applicant or beneficiary under title II or XVI, any State agency acting under section 221 or 1633(a), or the Commissioner to records maintained by any representative or health care provider in connection with services provided to the applicant or beneficiary prior to the exclusion of such representative or health care provider under this section. ``(h) Reporting Requirement.--Any representative or health care provider participating in, or seeking to participate in, a social security program shall inform the Commissioner, in such form and manner as the Commissioner shall prescribe by regulation, whether such representative or health care provider has been convicted of a violation described in subsection (a). ``(i) Delegation of Authority.--The Commissioner may delegate authority granted by this section to the Inspector General. ``(j) Definitions.--For purposes of this section: ``(1) Exclude.--The term `exclude' from participation means-- ``(A) in connection with a representative, to prohibit from engaging in representation of an applicant for, or recipient of, benefits, as a representative payee under section 205(j) or 1631(a)(2)(A)(ii), or otherwise as a representative, in any hearing or other proceeding relating to entitlement to benefits, and ``(B) in connection with a health care provider, to prohibit from providing items or services to an applicant for, or recipient of, benefits for the purpose of assisting such applicant or recipient in demonstrating disability. ``(2) Social security program.--The term `social security programs' means the program providing for monthly insurance benefits under title II, and the program providing for monthly supplemental security income benefits to individuals under title XVI (including State supplementary payments made by the Commissioner pursuant to an agreement under section 1616(a) of this Act or section 212(b) of Public Law 93-66). ``(3) Convicted.--An individual is considered to have been `convicted' of a violation-- ``(A) when a judgment of conviction has been entered against the individual by a Federal, State, or local court, except if the judgment of conviction has been set aside or expunged; ``(B) when there has been a finding of guilt against the individual by a Federal, State, or local court; ``(C) when a plea of guilty or nolo contendere by the individual has been accepted by a Federal, State, or local court; or ``(D) when the individual has entered into participation in a first offender, deferred adjudication, or other arrangement or program where judgment of conviction has been withheld.''. (b) Effective Date.--The amendment made by this section shall apply with respect to convictions of violations described in paragraphs (1) and (2) of section 1148(a) of the Social Security Act and determinations described in paragraph (3) of such section occurring on or after the date of the enactment of this Act. SEC. 210. STATE DATA EXCHANGES. Whenever the Commissioner of Social Security requests information from a State for the purpose of ascertaining an individual's eligibility for benefits (or the correct amount of such benefits) under title II or XVI of the Social Security Act, the standards of the Commissioner promulgated pursuant to section 1106 of such Act or any other Federal law for the use, safeguarding, and disclosure of information are deemed to meet any standards of the State that would otherwise apply to the disclosure of information by the State to the Commissioner. SEC. 211. STUDY ON POSSIBLE MEASURES TO IMPROVE FRAUD PREVENTION AND ADMINISTRATIVE PROCESSING. (a) Study.--As soon as practicable after the date of the enactment of this Act, the Commissioner of Social Security, in consultation with the Inspector General of the Social Security Administration and the Attorney General, shall conduct a study of possible measures to improve-- (1) prevention of fraud on the part of individuals entitled to disability benefits under section 223 of the Social Security Act or benefits under section 202 of such Act based on the beneficiary's disability, individuals eligible for supplemental security income benefits under title XVI of such Act, and applicants for any such benefits; and (2) timely processing of reported income changes by individuals receiving such benefits. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report that contains the results of the Commissioner's study under subsection (a). The report shall contain such recommendations for legislative and administrative changes as the Commissioner considers appropriate. SEC. 212. ANNUAL REPORT ON AMOUNTS NECESSARY TO COMBAT FRAUD. (a) In General.--Section 704(b)(1) of the Social Security Act (42 U.S.C. 904(b)(1)) is amended-- (1) by inserting ``(A)'' after ``(b)(1)''; and (2) by adding at the end the following new subparagraph: ``(B) The Commissioner shall include in the annual budget prepared pursuant to subparagraph (A) an itemization of the amount of funds required by the Social Security Administration for the fiscal year covered by the budget to support efforts to combat fraud committed by applicants and beneficiaries.''. (b) Effective Date.--The amendments made by this section shall apply with respect to annual budgets prepared for fiscal years after fiscal year 1999. SEC. 213. COMPUTER MATCHES WITH MEDICARE AND MEDICAID INSTITUTIONALIZATION DATA. (a) In General.--Section 1611(e)(1) of the Social Security Act (42 U.S.C. 1382(e)(1)), as amended by section 205(b)(2) of this Act, is further amended by adding at the end the following: ``(K) For the purpose of carrying out this paragraph, the Commissioner of Social Security shall conduct periodic computer matches with data maintained by the Secretary of Health and Human Services under title XVIII or XIX. The Secretary shall furnish to the Commissioner, in such form and manner and under such terms as the Commissioner and the Secretary shall mutually agree, such information as the Commissioner may request for this purpose. Information obtained pursuant to such a match may be substituted for the physician's certification otherwise required under subparagraph (G)(i).''. (b) Conforming Amendment.--Section 1611(e)(1)(G) of such Act (42 U.S.C. 1382(e)(1)(G)) is amended by striking ``subparagraph (H)'' and inserting ``subparagraph (H) or (K)''. SEC. 214. ACCESS TO INFORMATION HELD BY FINANCIAL INSTITUTIONS. Section 1631(e)(1)(B) of the Social Security Act (42 U.S.C. 1383(e)(1)(B)) is amended-- (1) by striking ``(B) The'' and inserting ``(B)(i) The''; and (2) by adding at the end the following new clause: ``(ii)(I) The Commissioner of Social Security may require each applicant for, or recipient of, benefits under this title to provide authorization by the applicant or recipient (or by any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient for such benefits) for the Commissioner to obtain (subject to the cost reimbursement requirements of section 1115(a) of the Right to Financial Privacy Act) from any financial institution (within the meaning of section 1101(1) of such Act) any financial record (within the meaning of section 1101(2) of such Act) held by the institution with respect to the applicant or recipient (or any such other person) whenever the Commissioner determines the record is needed in connection with a determination with respect to such eligibility or the amount of such benefits. ``(II) Notwithstanding section 1104(a)(1) of the Right to Financial Privacy Act, an authorization provided by an applicant or recipient (or any other person whose income or resources are material to the determination of the eligibility of the applicant or recipient) pursuant to subclause (I) of this clause shall remain effective until the earliest of-- ``(aa) the rendering of a final adverse decision on the applicant's application for eligibility for benefits under this title; ``(bb) the cessation of the recipient's eligibility for benefits under this title; or ``(cc) the express revocation by the applicant or recipient (or such other person referred to in subclause (I)) of the authorization, in a written notification to the Commissioner. ``(III)(aa) An authorization obtained by the Commissioner of Social Security pursuant to this clause shall be considered to meet the requirements of the Right to Financial Privacy Act for purposes of section 1103(a) of such Act, and need not be furnished to the financial institution, notwithstanding section 1104(a) of such Act. ``(bb) The certification requirements of section 1103(b) of the Right to Financial Privacy Act shall not apply to requests by the Commissioner of Social Security pursuant to an authorization provided under this clause. ``(cc) A request by the Commissioner pursuant to an authorization provided under this clause is deemed to meet the requirements of section 1104(a)(3) of the Right to Financial Privacy Act and the flush language of section 1102 of such Act. ``(IV) The Commissioner shall inform any person who provides authorization pursuant to this clause of the duration and scope of the authorization. ``(V) If an applicant for, or recipient of, benefits under this title (or any such other person referred to in subclause (I)) refuses to provide, or revokes, any authorization made by the applicant or recipient for the Commissioner of Social Security to obtain from any financial institution any financial record, the Commissioner may, on that basis, determine that the applicant or recipient is ineligible for benefits under this title.''. Subtitle B--Benefits for Filipino Veterans of World War II SEC. 251. PROVISION OF REDUCED SSI BENEFIT TO CERTAIN INDIVIDUALS WHO PROVIDED SERVICE TO THE ARMED FORCES OF THE UNITED STATES IN THE PHILIPPINES DURING WORLD WAR II AFTER THEY MOVE BACK TO THE PHILIPPINES. (a) In General.--Notwithstanding sections 1611(f)(1) and 1614(a)(1)(B)(i) of the Social Security Act and sections 401 and 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, the eligibility of a qualified individual for benefits under the supplemental security income program under title XVI of the Social Security Act shall not terminate by reason of a change in the place of residence of the individual to the Philippines. (b) Benefit Amount.--Notwithstanding subsections (a) and (b) of section 1611 of the Social Security Act, the benefit payable under the supplemental security income program to a qualified individual for any month throughout which the individual resides in the Philippines shall be in an amount equal to 75 percent of the Federal benefit rate under title XVI of such Act for the month, reduced (after disregard of the amount specified in section 1612(b)(2)(A) of such Act) by the amount of the qualified individual's benefit income for the month. (c) Definitions.--In this section: (1) Qualified individual.--The term ``qualified individual'' means an individual who-- (A) as of the date of the enactment of this Act, is eligible for benefits under the supplemental security income program under title XVI of the Social Security Act on the basis of an application filed before such date; (B) before August 15, 1945, served in the organized military forces of the Government of the Commonwealth of the Philippines while such forces were in the service of the Armed Forces of the United States pursuant to the military order of the President dated July 26, 1941, including among such military forces organized guerrilla forces under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent military authority in the Army of the United States; and (C) has not been removed from the United States pursuant to section 237(a) of the Immigration and Nationality Act. (2) Federal benefit rate.--The term ``Federal benefit rate'' means, with respect to a month, the amount of the cash benefit (not including any State supplementary payment which is paid by the Commissioner of Social Security pursuant to an agreement under section 1616(a) of the Social Security Act or section 212(b) of Public Law 93-66) payable for the month to an eligible individual with no income. (3) Benefit income.--The term ``benefit income'' means any recurring payment received by a qualified individual as an annuity, pension, retirement, or disability benefit (including any veterans' compensation or pension, workmen's compensation payment, old-age, survivors, or disability insurance benefit, railroad retirement annuity or pension, and unemployment insurance benefit), but only if a similar payment was received by the individual from the same (or a related) source during the 12-month period preceding the month in which the individual changes his place of residence from the United States to the Philippines. (d) Effective Date.--This section shall be effective with respect to supplemental security income benefits payable for months beginning after the date that is 1 year after the date of the enactment of this Act, or such earlier date that the Commissioner of Social Security determines is administratively feasible. TITLE III--CHILD SUPPORT SEC. 301. ELIMINATION OF ENHANCED MATCHING FOR LABORATORY COSTS FOR PATERNITY ESTABLISHMENT. (a) In General.--Section 455(a)(1) of the Social Security Act (42 U.S.C. 655(a)(1)) is amended by striking subparagraph (C) and redesignating subparagraph (D) as subparagraph (C). (b) Effective Date.--The amendment made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1999. SEC. 302. ELIMINATION OF HOLD HARMLESS PROVISION FOR STATE SHARE OF DISTRIBUTION OF COLLECTED CHILD SUPPORT. (a) In General.--Section 457 of the Social Security Act (42 U.S.C. 657) is amended-- (1) in subsection (a), by striking ``subsections (e) and (f)'' and inserting ``subsections (d) and (e)''; (2) by striking subsection (d); (3) in subsection (e), by striking the 2nd sentence; and (4) by redesignating subsections (e) and (f) as subsections (d) and (e), respectively. (b) Effective Date.--The amendments made by this section shall be effective with respect to calendar quarters beginning on or after October 1, 1999. TITLE IV--TECHNICAL CORRECTIONS SEC. 401. TECHNICAL CORRECTIONS RELATING TO AMENDMENTS MADE BY THE PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996. (a) Section 402(a)(1)(B)(iv) of the Social Security Act (42 U.S.C. 602(a)(1)(B)(iv)) is amended by striking ``Act'' and inserting ``section''. (b) Section 409(a)(7)(B)(i)(II) of the Social Security Act (42 U.S.C. 609(a)(7)(B)(i)(II)) is amended by striking ``part'' and inserting ``section''. (c) Section 413(g)(1) of the Social Security Act (42 U.S.C. 613(g)(1)) is amended by striking ``Act'' and inserting ``section''. (d) Section 413(i)(1) of the Social Security Act (42 U.S.C. 613(i)(1)) is amended by striking ``part'' and inserting ``section''. (e) Section 416 of the Social Security Act (42 U.S.C. 616) is amended by striking ``Opportunity Act'' and inserting ``Opportunity Reconciliation Act'' each place such term appears. (f) Section 431(a)(6) of the Social Security Act (42 U.S.C. 629a(a)(6))) is amended-- (1) by inserting ``, as in effect before August 22, 1986'' after ``482(i)(5)''; and (2) by inserting ``, as so in effect'' after ``482(i)(7)(A)''. (g) Sections 452(a)(7) and 466(c)(2)(A)(i) of the Social Security Act (42 U.S.C. 652(a)(7) and 666(c)(2)(A)(i)) are each amended by striking ``Social Security'' and inserting ``social security''. (h) Section 454 of the Social Security Act (42 U.S.C. 654) is amended-- (1) by striking ``, or'' at the end of each of paragraphs (6)(E)(i) and (19)(B)(i) and inserting ``; or''; (2) in paragraph (9), by striking the comma at the end of each of subparagraphs (A), (B), (C) and inserting a semicolon; and (3) by striking ``, and'' at the end of each of paragraphs (19)(A) and (24)(A) and inserting ``; and''. (i) Section 454(24)(B) of the Social Security Act (42 U.S.C. 654(24)(B)) is amended by striking ``Opportunity Act'' and inserting ``Opportunity Reconciliation Act''. (j) Section 344(b)(1)(A) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (110 Stat. 2236) is amended to read as follows: ``(A) in paragraph (1), by striking subparagraph (B) and inserting the following: `(B) equal to the percent specified in paragraph (3) of the sums expended during such quarter that are attributable to the planning, design, development, installation or enhancement of an automatic data processing and information retrieval system (including in such sums the full cost of the hardware components of such system); and'; and''. (k) Section 457(a)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 657(a)(2)(B)(i)(I)) is amended by striking ``Act Reconciliation'' and inserting ``Reconciliation Act''. (l) Section 457 of the Social Security Act (42 U.S.C. 657) is amended by striking ``Opportunity Act'' each place it appears and inserting ``Opportunity Reconciliation Act''. (m) Section 466(a)(7) of the Social Security Act (42 U.S.C. 666(a)(7)) is amended by striking ``1681a(f))'' and inserting ``1681a(f)))''. (n) Section 466(b)(6)(A) of the Social Security Act (42 U.S.C. 666(b)(6)(A)) is amended by striking ``state'' and inserting ``State''. (o) Section 471(a)(8) of the Social Security Act (42 U.S.C. 671(a)(8)) is amended by striking ``(including activities under part F)''. (p) Section 1137(a)(3) of the Social Security Act (42 U.S.C. 1320b- 7(a)(3)) is amended by striking ``453A(a)(2)(B)(iii))'' and inserting ``453A(a)(2)(B)(ii)))''. (q) The amendments made by this section shall take effect as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. <all>

usgpo

2024-06-24T03:05:38.853642

BILLS-106hr1803ih

Social Security Surplus Preservation and Debt Reduction Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1803 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1803 To preserve and protect the surpluses of the Social Security trust funds by reaffirming the exclusion of receipts and disbursement from the budget, by setting a limit on the debt held by the public, and by amending the Congressional Budget Act of 1974 to provide a process to reduce the limit on the debt held by the public. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Kasich (for himself and Mr. Ryan of Wisconsin) introduced the following bill; which was referred to the Committee on the Budget, and in addition to the Committees on Rules, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To preserve and protect the surpluses of the Social Security trust funds by reaffirming the exclusion of receipts and disbursement from the budget, by setting a limit on the debt held by the public, and by amending the Congressional Budget Act of 1974 to provide a process to reduce the limit on the debt held by the public. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Social Security Surplus Preservation and Debt Reduction Act''. SEC. 2. FINDINGS. Congress finds that-- (1) the $69,246,000,000 unified budget surplus achieved in fiscal year 1998 was entirely due to surpluses generated by the social security trust funds and the cumulative unified budget surpluses projected for subsequent fiscal years are primarily due to surpluses generated by the social security trust funds; (2) Congress and the President should balance the budget excluding the surpluses generated by the social security trust funds; (3) according to the Congressional Budget Office, balancing the budget excluding the surpluses generated by the social security trust funds will reduce the debt held by the public by a total of $1,723,000,000,000 by the end of fiscal year 2009; and (4) social security surpluses should be used to enhance retirement security or to reduce the debt held by the public and should not be spent on other programs. SEC. 3. PROTECTION OF THE SOCIAL SECURITY TRUST FUNDS. (a) Protection by Congress.-- (1) Reaffirmation of support.--Congress reaffirms its support for the provisions of section 13301 of the Budget Enforcement Act of 1990 that provides that the receipts and disbursements of the social security trust funds shall not be counted for the purposes of the budget submitted by the President, the congressional budget, or the Balanced Budget and Emergency Deficit Control Act of 1985. (2) Protection of social security benefits.--If there are sufficient balances in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, the Secretary of Treasury shall give priority to the payment of social security benefits required to be paid by law. (b) Points of Order.--Section 301 of the Congressional Budget Act of 1974 is amended by adding at the end the following: ``(j) Social Security Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that violates section 13301 of the Budget Enforcement Act of 1990. ``(k) Debt Held by the Public Point of Order.--It shall not be in order in the House of Representatives or the Senate to consider any bill, joint resolution, amendment, motion, or conference report that would-- ``(1) increase the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985; or ``(2) provide additional borrowing authority that would result in the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 being exceeded. ``(l) Social Security Surplus Protection Point of Order.-- ``(1) In general.--It shall not be in order in the House of Representatives or the Senate to consider a concurrent resolution on the budget, an amendment thereto, or a conference report thereon that sets forth a deficit in any fiscal year. ``(2) Exception.--Paragraph (1) shall not apply if-- ``(A) the limit on the debt held by the public in section 253A(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 is suspended; or ``(B) the deficit for a fiscal year results solely from the enactment of-- ``(i) retirement security reform legislation, as defined in section 253A(e)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985; or ``(ii) provisions of legislation that are designated as an emergency requirement pursuant to section 251(b)(2)(A) or 252(e) of the Balanced Budget and Emergency Deficit Control Act of 1985.''. SEC. 4. DEDICATION OF SOCIAL SECURITY SURPLUSES TO REDUCTION IN THE DEBT HELD BY THE PUBLIC. (a) Amendments to the Congressional Budget Act of 1974.--The Congressional Budget Act of 1974 is amended-- (1) in section 3, by adding at the end the following: ``(11)(A) The term `debt held by the public' means the outstanding face amount of all debt obligations issued by the United States Government that are held by outside investors, including individuals, corporations, State or local governments, foreign governments, and the Federal Reserve System. ``(B) For the purpose of this paragraph, the term `face amount', for any month, of any debt obligation issued on a discount basis that is not redeemable before maturity at the option of the holder of the obligation is an amount equal to the sum of-- ``(i) the original issue price of the obligation; plus ``(ii) the portion of the discount on the obligation attributable to periods before the beginning of such month. ``(12) The term `social security surplus' means the amount for a fiscal year that receipts exceed outlays of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund.''; (2) in section 301(a) by-- (A) redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectfully; and (B) inserting after paragraph (5) the following: ``(6) the debt held by the public; and''; and (3) in section 310(a) by-- (A) striking ``or'' at the end of paragraph (3); (B) by redesignating paragraph (4) as paragraph (5); and (C) inserting the following new paragraph; ``(4) specify the amounts by which the statutory limit on the debt held by the public is to be changed and direct the committee having jurisdiction to recommend such change; or''. (b) Amendments to the Balanced Budget and Emergency Deficit Control Act of 1985.--The Balanced Budget and Emergency Deficit Control Act of 1985 is amended-- (1) in section 250, by striking subsection (b) and inserting the following: ``(b) General Statement of Purpose.--This part provides for the enforcement of-- ``(1) a balanced budget excluding the receipts and disbursements of the social security trust funds; and ``(2) a limit on the debt held by the public to ensure that social security surpluses are used for retirement security reform or to reduce debt held by the public and are not spent on other programs.''; (2) in section 250(c)(1), by inserting ``` debt held by the public', `social security surplus''' after ``outlays',''; and (3) by inserting after section 253 the following: ``SEC. 253A. DEBT HELD BY THE PUBLIC LIMIT. ``(a) Limit.--The debt held by the public shall not exceed-- ``(1) for the period beginning May 1, 2000 through April 30, 2001, $3,628,000,000,000; ``(2) for the period beginning May 1, 2001 through April 30, 2002, $3,512,000,000,000; ``(3) for the period beginning May 1, 2002 through April 30, 2004, $3,383,000,000,000; ``(4) for the period beginning May 1, 2004 through April 30, 2006, $3,100,000,000,000; ``(5) for the period beginning May 1, 2006 through April 30, 2008, $2,775,000,000,000; and, ``(6) for the period beginning May 1, 2008 through April 30, 2010, $2,404,000,000,000. ``(b) Adjustments for Actual Social Security Surplus Levels.-- ``(1) Estimated levels.--The estimated level of social security surpluses for the purposes of this section is-- ``(A) for fiscal year 1999, $127,000,000,000; ``(B) for fiscal year 2000, $137,000,000,000; ``(C) for fiscal year 2001, $145,000,000,000; ``(D) for fiscal year 2002, $153,000,000,000; ``(E) for fiscal year 2003, $162,000,000,000; ``(F) for fiscal year 2004, $171,000,000,000; ``(G) for fiscal year 2005, $184,000,000,000; ``(H) for fiscal year 2006, $193,000,000,000; ``(I) for fiscal year 2007, $204,000,000,000; ``(J) for fiscal year 2008, $212,000,000,000; and ``(K) for fiscal year 2009, $218,000,000,000. ``(2) Adjustment to the limit for actual social security surpluses.--After October 1 and no later than December 31 of each year, the Secretary shall make the following calculations and adjustments: ``(A) Calculation.--After the Secretary determines the actual level for the social security surplus for the current year, the Secretary shall take the estimated level of the social security surplus for that year specified in paragraph (1) and subtract that actual level. ``(B) Adjustment.-- ``(i) 2000 through 2004.--With respect to the periods described in subsections (a)(1), (a)(2), and (a)(3), the Secretary shall add the amount calculated under subparagraph (A) to-- ``(I) the limit set forth in subsection (a) for the period of years that begins on May 1st of the following calendar year; and ``(II) each subsequent limit. ``(ii) 2004 through 2010.--With respect to the periods described in subsections (a)(4), (a)(5), and (a)(6), the Secretary shall add the amount calculated under subparagraph (A) to-- ``(I) the limit set forth in subsection (a) for the period of years that includes May 1st of the following calendar year; and ``(II) each subsequent limit. ``(c) Adjustment to the Limit for Emergencies.-- ``(1) Estimate of legislation.-- ``(A) Calculation.--If legislation is enacted into law that contains a provision that is designated as an emergency requirement pursuant to section 251(b)(2)(A) or 252(e), OMB shall estimate the amount the debt held by the public will change as a result of the provision's effect on the level of total outlays and receipts excluding the impact on outlays and receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. ``(B) Baseline levels.--OMB shall calculate the changes in subparagraph (A) relative to baseline levels for each fiscal year through fiscal year 2010 using current estimates. ``(C) Estimate.--OMB shall include the estimate required by this paragraph in the report required under section 251(a)(7) or section 252(d), as the case may be. ``(2) Adjustment.--After January 1 and no later than May 1 of each calendar year beginning with calendar year 2000-- ``(A) with respect to the periods described in subsections (a)(1), (a)(2), and (a)(3), the Secretary shall add the amounts calculated under paragraph (1)(A) for the current year included in the report referenced in paragraph (1)(C) to-- ``(i) the limit set forth in subsection (a) for the period of years that begins on May 1 of that calendar year; and ``(ii) each subsequent limit; and ``(B) with respect to the periods described in subsections (a)(4), (a)(5), and (a)(6), the Secretary shall add the amounts calculated under paragraph (1)(A) for the current year included in the report referenced in paragraph (1)(C) to-- ``(i) the limit set forth in subsection (a) for the period of years that includes May 1 of that calendar year; and ``(ii) each subsequent limit. ``(3) Exception.--The Secretary shall not make the adjustments pursuant to this section if the adjustments for the current year are less than the on-budget surplus for the year before the current year. ``(d) Adjustment to the Limit for Low Economic Growth and War.-- ``(1) Suspension of statutory limit on debt held by the public.-- ``(A) Low economic growth.--If the most recent of the Department of Commerce's advance, preliminary, or final reports of actual real economic growth indicate that the rate of real economic growth for each of the most recently reported quarter and the immediately preceding quarter is less than 1 percent, the limit on the debt held by the public established in this section is suspended. ``(B) War.--If a declaration of war is in effect, the limit on the debt held by the public established in this section is suspended. ``(2) Restoration of statutory limit on debt held by the public.-- ``(A) Restoration of limit.--The statutory limit on debt held by the public shall be restored on May 1 following the quarter in which the level of real Gross Domestic Product in the final report from the Department of Commerce is equal to or is higher than the level of real Gross Domestic Product in the quarter preceding the first two quarters that caused the suspension of the pursuant to paragraph (1). ``(B) Adjustment.-- ``(i) Calculation.--The Secretary shall take level of the debt held by the public on October 1 of the year preceding the date referenced in subparagraph (A) and subtract the limit in subsection (a) for the period of years that includes the date referenced in subparagraph (A). ``(ii) Adjustment.--The Secretary shall add the amount calculated under clause (i) to-- ``(I) the limit in subsection (a) for the period of fiscal years that includes the date referenced in subparagraph (A); and ``(II) each subsequent limit. ``(e) Adjustment to the Limit for Retirement Security Reform Provisions that Affect On-Budget Levels.-- ``(1) Estimate of legislation.-- ``(A) Calculation.--If retirement security reform legislation is enacted, OMB shall estimate the amount the debt held by the public will change as a result of the legislation's effect on the level of total outlays and receipts excluding the impact on outlays and receipts of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund. ``(B) Baseline levels.--OMB shall calculate the changes in subparagraph (A) relative to baseline levels for each fiscal year through fiscal year 2010 using current estimates. ``(C) Estimate.--OMB shall include the estimate required by this paragraph in the report required under section 252(d) for retirement security reform legislation. ``(2) Adjustment to limit on the debt held by the public.-- If retirement security reform legislation is enacted, the Secretary shall adjust the limit on the debt held by the public for each period of fiscal years by the amounts determined under paragraph (1)(A) for the relevant fiscal years included in the report referenced in paragraph (1)(C). ``(e) Definitions.--In this section: ``(1) Secretary.--The term `Secretary' means the Secretary of the Treasury. ``(2) Retirement security reform legislation.--The term `retirement security reform legislation' means a bill or joint resolution that is enacted into law and includes a provision stating the following: ```( ) Retirement security reform legislation.--For the purposes of the Social Security Surplus Preservation and Debt Reduction Act, this Act constitutes retirement security reform legislation.' This paragraph shall apply only to the first bill or joint resolution enacted into law as described in this paragraph. ``(3) Retirement security reform provisions.--The term `retirement security reform provisions' means a provision or provisions identified in retirement security reform legislation stating the following: ```( ) Retirement security reform provisions.--For the purposes of the Social Security Surplus Preservation and Debt Reduction Act, ________ of this Act constitutes or constitute social security reform provisions.', with a list of specific provisions in that bill or joint resolution specified in the blank space.''. SEC. 5. PRESIDENT'S BUDGET. Section 1105(f) of title 31, United States Code, is amended by striking ``in a manner consistent'' and inserting ``in compliance''. SEC. 6. SUNSET. This Act and the amendments made by it shall expire on April 30, 2010. <all>

usgpo

2024-06-24T03:05:38.883906

BILLS-106hr1807ih

Officer Dale Claxton Bullet Resistant Police Protective Equipment Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1807 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1807 To establish a matching grant program to help State and local jurisdictions purchase bullet resistant equipment for use by law enforcement departments. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. McInnis introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To establish a matching grant program to help State and local jurisdictions purchase bullet resistant equipment for use by law enforcement departments. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Officer Dale Claxton Bullet Resistant Police Protective Equipment Act of 1999''. SEC. 2. FINDINGS; PURPOSE. (a) Findings.--Congress finds that-- (1) Officer Dale Claxton of the Cortez, Colorado, Police Department was shot and killed by bullets that passed through the windshield of his police car after he stopped a stolen truck, and his life may have been saved if his police car had been equipped with bullet resistant equipment; (2) the number of law enforcement officers who are killed in the line of duty would significantly decrease if every law enforcement officer in the United States had access to additional bullet resistant equipment; (3) between 1985 and 1994, 709 law enforcement officers in the United States were killed by a felon in the line of duty; (4) the Federal Bureau of Investigation estimates that the risk of fatality to a law enforcement officer who is not wearing bullet resistant equipment, such as an armor vest, is 14 times higher than for an officer wearing an armor vest; (5) between 1985 and 1994, bullet-resistant materials helped save the lives of more than 2,000 law enforcement officers in the United States; (6) the Executive Committee for Indian Country Law Enforcement Improvements reports that violent crime in Indian country has risen sharply despite a decrease in the national crime rate, and has concluded that there is a ``public safety crisis in Indian country''. (b) Purpose.--The purpose of this Act is to save lives of law enforcement officers by helping State, local, and tribal law enforcement agencies provide officers with bullet resistant equipment and video cameras. SEC. 3. MATCHING GRANT PROGRAM FOR LAW ENFORCEMENT BULLET RESISTANT EQUIPMENT. (a) In General.--Part Y of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended-- (1) by striking the part designation and part heading and inserting the following: ``PART Y--MATCHING GRANT PROGRAMS FOR LAW ENFORCEMENT ``Subpart A--Grant Program For Armor Vests''; (2) by striking ``this part'' each place that term appears and inserting ``this subpart''; and (3) by adding at the end the following: ``Subpart B--Grant Program For Bullet Resistant Equipment ``SEC. 2511. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase bullet resistant equipment for use by State, local, and tribal law enforcement officers. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of bullet resistant equipment for law enforcement officers in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for bullet resistant equipment based on the percentage of law enforcement officers in the department who do not have access to a vest; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated .25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--At least half of the funds available under this subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2512. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this subpart, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 104-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of bullet resistant equipment, but did not, or does not expect to use such funds for such purpose. ``SEC. 2513. DEFINITIONS. ``In this subpart-- ``(1) the term `bullet resistant equipment' means windshield glass, car panels, shields, and protective gear; ``(2) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; ``(3) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level; (4) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); and ``(5) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders. ``Subpart C--Grant Program For Video Cameras ``SEC. 2521. PROGRAM AUTHORIZED. ``(a) In General.--The Director of the Bureau of Justice Assistance is authorized to make grants to States, units of local government, and Indian tribes to purchase video cameras for use by State, local, and tribal law enforcement agencies in law enforcement vehicles. ``(b) Uses of Funds.--Grants awarded under this section shall be-- ``(1) distributed directly to the State, unit of local government, or Indian tribe; and ``(2) used for the purchase of video cameras for law enforcement vehicles in the jurisdiction of the grantee. ``(c) Preferential Consideration.--In awarding grants under this subpart, the Director of the Bureau of Justice Assistance may give preferential consideration, if feasible, to an application from a jurisdiction that-- ``(1) has the greatest need for video cameras, based on the percentage of law enforcement officers in the department do not have access to a law enforcement vehicle equipped with a video camera; ``(2) has a violent crime rate at or above the national average as determined by the Federal Bureau of Investigation; or ``(3) has not received a block grant under the Local Law Enforcement Block Grant program described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119). ``(d) Minimum Amount.--Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this section have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this section not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this section, except that the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands shall each be allocated 0.25 percent. ``(e) Maximum Amount.--A qualifying State, unit of local government, or Indian tribe may not receive more than 5 percent of the total amount appropriated in each fiscal year for grants under this section, except that a State, together with the grantees within the State may not receive more than 20 percent of the total amount appropriated in each fiscal year for grants under this section. ``(f) Matching Funds.--The portion of the costs of a program provided by a grant under subsection (a) may not exceed 50 percent. Any funds appropriated by Congress for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of a matching requirement funded under this subsection. ``(g) Allocation of Funds.--At least half of the funds available under this subpart shall be awarded to units of local government with fewer than 100,000 residents. ``SEC. 2522. APPLICATIONS. ``(a) In General.--To request a grant under this subpart, the chief executive of a State, unit of local government, or Indian tribe shall submit an application to the Director of the Bureau of Justice Assistance in such form and containing such information as the Director may reasonably require. ``(b) Regulations.--Not later than 90 days after the date of the enactment of this subpart, the Director of the Bureau of Justice Assistance shall promulgate regulations to implement this section (including the information that must be included and the requirements that the States, units of local government, and Indian tribes must meet) in submitting the applications required under this section. ``(c) Eligibility.--A unit of local government that receives funding under the Local Law Enforcement Block Grant program (described under the heading `Violent Crime Reduction Programs, State and Local Law Enforcement Assistance' of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119)) during a fiscal year in which it submits an application under this subpart shall not be eligible for a grant under this subpart unless the chief executive officer of such unit of local government certifies and provides an explanation to the Director that the unit of local government considered or will consider using funding received under the block grant program for any or all of the costs relating to the purchase of video cameras, but did not, or does not expect to use such funds for such purpose. ``SEC. 2523. DEFINITIONS. ``In this subpart-- ``(1) the term `Indian tribe' has the same meaning as in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)); ``(2) the term `law enforcement officer' means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders; ``(3) the term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands; and ``(4) the term `unit of local government' means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level.''. (b) Authorization of Appropriations.--Section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended by striking paragraph (23) and inserting the following: ``(23) There are authorized to be appropriated to carry out part Y-- ``(A) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart A; ``(B) $40,000,000 for each of fiscal years 2000 through 2002 for grants under subpart B; and ``(C) $25,000,000 for each of fiscal years 2000 through 2002 for grants under subpart C.''. SEC. 4. SENSE OF THE CONGRESS. In the case of any equipment or products that may be authorized to be purchased with financial assistance provided using funds appropriated or otherwise made available by this Act, it is the sense of the Congress that entities receiving the assistance should, in expending the assistance, purchase only American-made equipment and products. SEC. 5. TECHNOLOGY DEVELOPMENT. Section 202 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3722) is amended by adding at the end the following: ``(e) Bullet Resistant Technology Development.-- ``(1) In general.--The Institute is authorized to-- ``(A) conduct research and otherwise work to develop new bullet resistant technologies (i.e., acrylic, polymers, aluminized material, and transparent ceramics) for use in police equipment (including windshield glass, car panels, shields, and protective gear); ``(B) inventory bullet resistant technologies used in the private sector, in surplus military property, and by foreign countries; ``(C) promulgate relevant standards for, and conduct technical and operational testing and evaluation of, bullet resistant technology and equipment, and otherwise facilitate the use of that technology in police equipment. ``(2) Authorization of appropriations.--There is authorized to be appropriated to carry out this subsection $1,000,000 for each of fiscal years 2000 through 2002.''. <all>

usgpo

2024-06-24T03:05:38.986553

BILLS-106hr1808ih

To provide an exemption from certain import prohibitions.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1808 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1808 To provide an exemption from certain import prohibitions. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Menendez (for himself, Mr. Matsui, and Mr. Gejdenson) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To provide an exemption from certain import prohibitions. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXEMPTION FROM IMPORT PROHIBITION. Notwithstanding any other provision of law, Executive Order 13067 of November 3, 1997, shall not apply with respect to imports of articles described in Harmonized Tariff Schedule headings 1301.20.00 and 1301.90.90 (other than balsams, tragacanth, and karaya). <all>

usgpo

2024-06-24T03:05:39.280968

BILLS-106hr1806ih

Access to Women's Health Care Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1806 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1806 To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide adequate access to providers of obstetric and gynecological services. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mrs. Lowey (for herself and Mr. Lazio) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code of 1986 to require that group and individual health insurance coverage and group health plans provide adequate access to providers of obstetric and gynecological services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; FINDINGS. (a) Short Title.--This Act may be cited as the ``Access to Women's Health Care Act of 1999''. (b) Findings.--Congress finds the following: (1) Women's health historically has received little attention. (2) Women have a different set of primary care needs than men and providing direct access to providers of obstetric and gynecological services is an important way to address some of these differences. (3) A majority of women view their provider of obstetric and gynecological services as their primary or sole care provider. (4) 78 percent of women think direct access to providers of obstetric and gynecological services is very important. (5) Access to obstetric and gynecological services improves the health of a woman by providing primary and preventive health care throughout the woman's lifetime, encompassing care of the whole patient in addition to focusing on the processes of the female reproductive system. (6) More than 60 percent of all office visits to providers of obstetric and gynecological services are for preventive care. (7) President Clinton's Advisory Commission on Consumer Protection and Quality in the Health Care Industry recommended that women should be able to choose a qualified provider, including obstetrician-gynecologists, certified nurse midwives, and other qualified care providers offered by a plan, for the provision of routine and preventive women's health care services. (8) Providers of obstetric and gynecological services refer their patients to other health care professionals less frequently than other primary care providers, thus avoiding costly and time-consuming referrals. (9) Providers of obstetric and gynecological services manage the health of women beyond the reproductive system, and are uniquely qualified on the basis of education and experience to provide basic health care services to women. (10) While more than 37 States have acted to promote residents' access to providers of obstetric and gynecological services, patients in other States or in Federally-governed health plans are not protected from access restrictions or limitations. SEC. 2. PATIENT ACCESS TO UNRESTRICTED OBSTETRIC AND GYNECOLOGICAL SERVICES.. (a) Public Health Service Act Amendments.-- (1) Group health insurance coverage.--Subpart 2 of part A of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2707. STANDARDS RELATING TO ACCESS TO UNRESTRICTED OBSTETRIC AND GYNECOLOGICAL SERVICES. ``(a) In General.--In a case in which a group health plan or health insurance issuer offering health insurance coverage in connection with a group health plan provides benefits under the terms of the plan consisting of obstetric or gynecological services, including appropriate follow-up services and referrals for related obstetric or gynecological services, the plan or issuer shall provide for a female participant or beneficiary to designate a provider of obstetric and gynecological services who has agreed to be designated as such, as the participant or beneficiary's primary care provider. If such participant or beneficiary has not designated such a provider as a primary care provider, the plan or issuer-- ``(1) may not require prior authorization by the participant or beneficiary's primary care provider or otherwise for coverage of obstetric or gynecological services provided by a participating health care professional practicing in accordance with State law, to the extent such care is otherwise covered; and ``(2) shall treat the ordering of other gynecological services by such a participating health care professional as the prior authorization of the primary care provider with respect to such care under the coverage. ``(b) Adequate Number of Providers of Obstetric and Gynecological Services.--Each group health plan and health insurance issuer offering health insurance coverage in connection with a group health plan shall have an adequate number of providers of obstetric and gynecological services on its roster to satisfy the health care needs of all female participants and beneficiaries who choose to have such a provider as a primary care provider, or who otherwise need the services of a provider of obstetric and gynecological services. ``(c) Definition of ``Provider of Obstetric and Gynecological Services''.--For purposes of this section the term ``provider of obstetric and gynecological services means-- ``(1) an obstetrician-gynecologist; ``(2) a nurse practitioner as defined in section 1861(aa)(5)(A); or ``(3) a certified nurse-midwife as defined in section 1861(gg)(2). ``(d) Construction.--Nothing in subsection (a)(2) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of obstetric or gynecological services so ordered. ``(e) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; or ``(3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section. ``(f) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan or a health insurance issuer offering group health insurance coverage from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section. ``(g) Non-Preemption of More Protective State Law With Respect to Health Insurance Issuers.--This section shall not be construed to supersede any provision of State law which establishes, implements, or continues in effect any standard or requirement solely relating to health insurance issuers in connection with group health insurance coverage that provides greater protections to participant and beneficiaries than the protections provided under this section.''. ``(h) Notice.--A group health plan under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (2) Individual health insurance coverage.--Part B of title XXVII of such Act is amended by inserting after section 2752 the following new section: ``SEC. 2753. STANDARDS RELATING TO ACCESS TO UNRESTRICTED OBSTETRIC AND GYNECOLOGICAL SERVICES. ``(a) In General.--The provisions of section 2707 shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 714(b) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in this section as if such section applied to such issuer and such issuer were a group health plan.''. (b) ERISA Amendments.-- (1) In general.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 is amended by adding at the end the following new section: ``SEC. 714. STANDARDS RELATING TO ACCESS TO UNRESTRICTED OBSTETRIC AND GYNECOLOGICAL SERVICES. ``(a) In General.--A group health plan (and a health insurance issuer offering group health insurance coverage in connection with such a plan) shall comply with the requirements of section 2707 of the Public Health Service Act. ``(b) Notice Under Group Health Plan.--The imposition of the requirement of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirement apply.''. (2) Conforming amendment.--Section 732(a) of such Act (29 U.S.C. 1191a(a)) is amended by striking ``section 711'' and inserting ``sections 711 and 714''. (3) Clerical amendment.--The table of contents in section 1 of such Act is amended by inserting after the item relating to section 713 the following new item: ``Sec. 714. Standards relating to access to unrestricted obstetric and gynecological services.''. (c) Internal Revenue Code Amendments.-- (1) In general.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 is amended by inserting after section 9812 the following new section: ``SEC. 9813. STANDARDS RELATING TO ACCESS TO UNRESTRICTED OBSTETRIC AND GYNECOLOGICAL SERVICES. ``(a) In General.--In a case in which a group health plan provides benefits under the terms of the plan consisting of obstetric or gynecological services, including appropriate follow-up services and referrals for diagnostic testing related to obstetric or gynecological services, the plan shall provide for a female participant or beneficiary to designate a provider of obstetric and gynecological services who has agreed to be designated as such, as the participant or beneficiary's primary care provider. If such participant or beneficiary has not designated such a provider as a primary care provider, the plan-- ``(1) may not require prior authorization by the participant or beneficiary's primary care provider or otherwise for coverage of obstetric or gynecological services provided by a participating health care professional practicing in accordance with State law, to the extent such service is otherwise covered; and ``(2) shall treat the ordering of other gynecological services by such a participating health care professional as the prior authorization of the primary care provider with respect to such care under the coverage. ``(b) Adequate Number of Providers of Obstetric and Gynecological Services.--Each group health plan shall have an adequate number of providers of obstetric and gynecological services on its roster to satisfy the health care needs of all female participants and beneficiaries who choose to have such a provider as a primary care provider, or who otherwise need the services of a provider obstetric and gynecological services. ``(c) Definition of ``Provider of Obstetric and Gynecological Services''.--For purposes of this section the term ``provider of obstetric and gynecological services means-- ``(1) an obstetrician-gynecologist; ``(2) a nurse practitioner as defined in section 1861(aa)(5)(A) of the Social Security Act (42 U.S.C. 1395x(aa)(5(A)); or ``(3) a certified nurse-midwife as defined in section 1861(gg)(2) of the Social Security Act (42 U.S.C. 1395x(gg)(2)). ``(d) Construction.--Nothing in subsection (a)(2) shall waive any requirements of coverage relating to medical necessity or appropriateness with respect to coverage of obstetric or gynecological services so ordered. ``(e) Prohibitions.--A group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not-- ``(1) deny to a woman eligibility, or continued eligibility, to enroll or to renew coverage under the terms of the plan, solely for the purpose of avoiding the requirements of this section; ``(2) provide monetary payments or rebates to women to encourage such women to accept less than the minimum protections available under this section; or ``(3) penalize or otherwise reduce or limit the reimbursement of a provider because such provider provided care to an individual participant or beneficiary in accordance with this section. ``(f) Level and Type of Reimbursements.--Nothing in this section shall be construed to prevent a group health plan from negotiating the level and type of reimbursement with a provider for care provided in accordance with this section.''. (2) Conforming amendment.--Section 4980D(d)(1) of such Code is amended by striking ``section 9811'' and inserting ``sections 9811 and 9813''. (3) Clerical amendment.--The table of sections of subchapter B of chapter 100 of such Code is amended by inserting after the item relating to section 9812 the following new item: ``Sec. 9813. Standards relating to access to unrestricted obstetric and gynecological services.''. (d) Effective Dates and Related Rules.-- (1) Group health plans and group health insurance coverage.-- (A) In general.--Subject to subparagraph (B), the amendments made by subsections (a)(1), (b), and (c) apply with respect to group health plans for plan years beginning on or after the first day of the first month that begins more than 1 year after the date of the enactment of this Act. (B) Collective bargaining exception.--In the case of a group health plan maintained pursuant to 1 or more collective bargaining agreements between employee representatives and 1 or more employers ratified before the date of enactment of this Act, the amendments made subsections (a)(1), (b), and (c) shall not apply to plan years beginning before the later of-- (i) the date on which the last collective bargaining agreements relating to the plan terminates (determined without regard to any extension thereof agreed to after the date of enactment of this Act), or (ii) the first day described in subparagraph (A). For purposes of clause (i), any plan amendment made pursuant to a collective bargaining agreement relating to the plan which amends the plan solely to conform to any requirement added by subsection (a)(1), (b), or (c) shall not be treated as a termination of such collective bargaining agreement. (2) Individual health insurance coverage.--The amendment made by subsection (a)(2) applies with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the first day of the first month that begins more than 1 year after the date of the enactment of this Act. (3) Limitation on enforcement actions.--No enforcement action shall be taken, pursuant to the amendments made by this section, against a group health plan or health insurance issuer with respect to a violation of a requirement imposed by such amendments, and no penalty shall be imposed on any failure by such plan to comply with any requirement imposed by such amendments, to the extent that violation or failure occurs before the date of issuance of final regulations issued in connection with such requirement, if the plan or issuer has sought to comply in good faith with such requirement. SEC. 3. COORDINATION OF ADMINISTRATION. The Secretary of Labor, the Secretary of the Treasury, and the Secretary of Health and Human Services shall ensure, through the execution of an interagency memorandum of understanding among such Secretaries, that-- (1) regulations, rulings, and interpretations issued by such Secretaries relating to the same matter over which two or more such Secretaries have responsibility under the provisions of this Act (and the amendments made thereby) are administered so as to have the same effect at all times; and (2) coordination of policies relating to enforcing the same requirements through such Secretaries in order to have a coordinated enforcement strategy that avoids duplication of enforcement efforts and assigns priorities in enforcement. <all>

usgpo

2024-06-24T03:05:39.289792

BILLS-106hr1810ih

Farm Loan Freedom Act; Agriculture Bond Enhancement Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1810 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1810 To amend the Internal Revenue Code of 1986 to exempt small issue bonds for agriculture from the State volume cap. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Nussle (for himself and Mr. Boswell) 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 exempt small issue bonds for agriculture from the State volume cap. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Farm Loan Freedom Act'' or the ``Agriculture Bond Enhancement Act''. SEC. 2. EXEMPTION OF AGRICULTURAL BONDS FROM STATE VOLUME CAP. (a) In General.--Section 146(g) of the Internal Revenue Code of 1986 (relating to exception for certain bonds) is amended by striking ``and'' at the end of paragraph (3), by striking the period at the end of paragraph (4) and inserting ``, and'', and by inserting after paragraph (4) the following: ``(5) any qualified small issue bond described in section 144(a)(12)(B)(ii).''. (b) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of enactment of this Act. <all>

usgpo

2024-06-24T03:05:39.317917

BILLS-106hr1809ih

Assault Weapon Ban Enhancement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1809 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1809 To prohibit the importation of dangerous firearms that have been modified to avoid the ban on semiautomatic assault weapons. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Nadler (for himself, Mr. Weiner, Mr. Rush, Mrs. Jones of Ohio, Ms. DeGette, Mr. Meehan, Mr. Waxman, Mr. Lipinski, Mr. McDermott, Mr. Wexler, Ms. Lofgren, Mr. George Miller of California, Ms. Schakowsky, Mr. Tierney, Ms. Kilpatrick, and Mr. Davis of Illinois) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To prohibit the importation of dangerous firearms that have been modified to avoid the ban on semiautomatic assault weapons. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Assault Weapon Ban Enhancement Act of 1999''. SEC. 2. BAN ON IMPORTATION OF DANGEROUS FIREARMS THAT HAVE BEEN MODIFIED TO AVOID THE BAN ON SEMIAUTOMATIC ASSAULT WEAPONS. Section 925 of title 18, United States Code, is amended by adding at the end the following: ``(g) The Secretary shall prohibit the importation or bringing into the United States of any semiautomatic assault weapon (including the frame or receiver of any such weapon) that is of a type which, as of May 1, 1998, was determined under subsection (d)(3) to be not generally recognized as particularly suitable for or readily adaptable to sporting purposes, or that includes any of the following characteristics: ``(1) The weapon has a thumb hole stock that functions as a pistol grip. ``(2) The weapon can accept a detachable large capacity ammunition magazine. ``(3) The weapon has a fixed magazine which can be readily modified to accept a large capacity ammunition magazine. ``(4) The weapon uses .22 caliber ammunition.''. <all>

usgpo

2024-06-24T03:05:39.372857

BILLS-106hr1811ih

Indian Gaming Regulatory Act Amendments of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1811 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1811 To amend the Indian Gaming Regulatory Act to provide adequate and certain remedies for sovereign tribal governments, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Pastor introduced the following bill; which was referred to the Committee on Resources, and in addition to the Committees on the Judiciary, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned _______________________________________________________________________ A BILL To amend the Indian Gaming Regulatory Act to provide adequate and certain remedies for sovereign tribal governments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCE. (a) Short Title.--This Act may be cited as the ``Indian Gaming Regulatory Act Amendments of 1999''. (b) Reference.--Unless otherwise stated, whenever in this Act a section or other provision is amended or repealed, such amendment or repeal shall be considered to be made to that section or other provision of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). SEC. 2. FINDINGS. Section 2 of the Act (25 U.S.C. 2701) is amended-- (1) by striking ``and'' at the end of paragraph (4); (2) by striking the period at the end of paragraph (5) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following: ``(6) tribal systems for the regulation of gaming activities should be structured to maintain and preserve the integrity and fairness of tribal gaming operations; ``(7) the operation of gaming activities on Indian lands has had a significant impact on commerce with foreign nations, among the several States, and with Indian tribes; and ``(8) the United States Constitution vests the Congress with the powers to regulate commerce with foreign nations, and among the several States, and with Indian tribes, and this Act is enacted in the exercise of those powers, and shall extend to and encompass all federally recognized Indian tribes.''. SEC. 3. DECLARATION OF POLICY. Section 3 of the Act (25 U.S.C. 2702) is amended-- (1) by striking ``and'' at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting in lieu thereof ``; and''; and (3) by adding at the end the following new paragraph: ``(4) to ensure the right of Indian tribes to conduct gaming activities on Indian lands in a manner consistent with the decision of the Supreme Court in California et al. v. Cabazon Band of Mission Indians et al. (480 U.S.C. 202, 107 S.Ct. 1083 (1987)), involving the Cabazon and Morango Bands of Mission Indians.''. SEC. 4. DEFINITIONS. (a) Class I Gaming.--Section 4(6) of the Act (25 U.S.C. 2703(6)) is amended by inserting ``played'' after ``social games''. (b) Class II Gaming.--(1) Section 4(7)(A) of the Act (25 U.S.C. 2703(7)(A)) is amended-- (A) in clause (i), by amending the matter following subclause (III) to read as follows: ``including pull tabs, lotto, punch boards, tip jars, instant, and games similar to bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith so long as the fundamental characteristics of the game remain the same), and''; and (B) by amending clause (ii) to read as follows: ``(ii) card games where the gaming operation does not have a stake in the outcome of the game, and for the purposes of this clause, a stake in the outcome of the game shall not include (I) receiving a fixed percentage of the wagers made; (II) receiving a fixed fee per game played; or (III) a rental fee for the player to participate in the game.''. (2) Section 4(7)(C) of the Act (25 U.S.C. 2703(7)(C)) is amended by striking ``as determined by the Chairman''. (3)(A) Section 4(7) of the Act (25 U.S.C. 2703(7)) is amended by striking subparagraphs (D), (E), and (F). (B) Public Law 101-301 (25 U.S.C. 2703 note) is amended by striking section 6. (c) Compact and Management Contract.--Section 4(7) of the Act (25 U.S.C. 2703) is amended-- (1) by redesignating paragraphs (9) and (10) as paragraphs (11) and (12), respectively; and (2) by inserting after paragraph (8) the following new paragraphs: ``(9) The term `compact' means an agreement relating to the operation of class III games on Indian lands entered into by an Indian tribe and a State, which is approved by the Secretary, or the procedures in lieu of such an agreement, published by the Secretary. ``(10) The term `management contract' means any contract, other than employment contract, that empowers any entity, which is not totally owned and controlled by the tribe, with decision-making authority over any gaming-related aspect of the gaming operation. Decision-making authority means the exercise of authority or supervision or the power to make or cause to be made any discretionary decision with regard to matters which have a substantial effect on the management aspects of a gaming operation.''. SEC. 5. NATIONAL INDIAN GAMING COMMISSION. (a) Members.--Paragraph (5) of section 5(b) (25 U.S.C. 2704(b)) is amended-- (1) in subparagraph (B)-- (A) by inserting ``(other than any interest that is derived from the individual's status as an enrolled member of an Indian tribe)'' after ``financial interest''; and (B) by striking ``or'' at the end thereof; (2) by striking the period at the end of subparagraph (C) and inserting in lieu thereof ``; or''; and (3) by adding at the end thereof the following new subparagraph: ``(D) is unable to devote his entire time and attention to the business of the Commission.''. (b) Compensation.--Subsection (g) of section 5 (25 U.S.C. 2704) is amended-- (1) by striking paragraph (1) and redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and (2) in paragraph (1), as redesignated by paragraph (1) of this subsection-- (A) by striking ``The associate members'' and inserting in lieu thereof ``Members''; and (B) by striking ``level V of the Executive Schedule under section 5316'' and inserting in lieu thereof ``level IV of the Executive Schedule under section 5315''. (c) Support Services.--Section 5 of the Act (25 U.S.C. 2704) is amended by adding at the end thereof the following new subsection: ``(h) The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request.''. SEC. 6. POWERS OF THE CHAIRMAN. Section 6 of the Act (25 U.S.C. 2705) is amended to read as follows: ``SEC. 6. POWERS OF THE CHAIRMAN. ``(a) The Chairman shall serve as the chief executive officer of the Commission. ``(b) Subject to the provisions of subsection (c), the Chairman: ``(1) Shall, employ, appoint, and supervise, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, such personnel as are deemed necessary to carry out the functions of the Commission and assign work among such personnel. Such staff shall be paid without regard to the provisions of chapter 51 and subchapters III and VIII of chapter 53 of such title relating to classification and General and Senior Executive Service Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for ES-5 of the Senior Executive Service Schedule under section 5382 of such title. ``(2) May procure temporary and intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for ES-6 of the Senior Executive Service Schedule (established under section 5382 of such title). ``(3) May request the head of any Federal agency to detail any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties under this Act, unless otherwise prohibited by law. ``(4) May use and expend Federal funds and funds collected pursuant to section 17 of this Act. ``(5) May contract for the services of other professional, technical, and operational personnel and consultants as may be necessary to the performance of the Commission's responsibilities under this Act. ``(c) In carrying out any of the functions pursuant to this section, the Chairman shall be governed by the general policies of the Commission and by such regulatory decisions, findings, and determinations as the Commission may by law be authorized to make.''. SEC. 7. POWERS OF THE COMMISSION. (a) Budget.--Paragraph (1) of section 7(a) (25 U.S.C. 2706(a)) is amended by striking ``upon the recommendation of the chairman,''. (b) Former Powers of Chairman.--Subsection (a) of section 7 (25 U.S.C. 2706) is amended-- (1) by striking ``and'' at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following new paragraphs: ``(5) by a unanimous vote of not less than 3 members, after a mandatory effort to mediate any controversy, issue orders of temporary closure as provided in section 14(b); ``(6) by an affirmative vote of not less than 2 members, and after a full hearing, levy and collect civil fines as provided in section 14(a), which fines shall only run from date of notice of violation or later; ``(7) by an affirmative vote of not less than 2 members, approve tribal ordinances or resolutions regulating class II gaming and class III gaming as provided in section 11; and ``(8) by an affirmative vote of not less than 2 members, approve management contracts for class II gaming and class III gaming as provided in sections 11(d)(9) and 12.''. (c) Powers.--Subsection (b) of section 7 (25 U.S.C. 2706) is amended-- (1) in paragraphs (1) and (2), by inserting ``and class III gaming, where a compact so provides,'' after ``class II gaming'' both places it appears; (2) by striking ``and'' at the end of paragraph (9); (3) by redesignating paragraph (10) as paragraph (13); and (4) by inserting after paragraph (9) the following new paragraphs: ``(10) may invoke, in the case of contumacy by or refusal to obey any subpoena issued to any person, the jurisdiction of any court of the United States within the jurisdiction of which an investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memoranda, and other records; ``(11) may in its discretion, whenever it shall appear to the Commission that any person is engaged or about to engage in acts or practices constituting a violation of any provision of this Act or rules or regulations thereunder, bring an action in the proper district court of the United States to enjoin such acts or practices, or transmit such evidence as may be available concerning such acts or practices as may constitute a violation of any criminal law of the United States to the Attorney General, who may institute the necessary criminal proceedings; ``(12) may provide training and technical assistance to Indian tribal governments in all aspects of the conduct and regulation of gaming activities; and''. (d) Report.--Section 7 of the Act (25 U.S.C. 2406) is amended by striking subsection (c). SEC. 8. INTERIM AUTHORITY TO REGULATE GAMING. Section 10 of the Act (35 U.S.C. 2709) is repealed. SEC. 9. TRIBAL GAMING ORDINANCES. (a) Class II Gaming.--(1) Subsection (b) of section 11 (25 U.S.C. 2710) is amended-- (A) by striking ``Chairman'' each place it appears and inserting in lieu thereof ``Commission''; (B) in paragraph (2)(F)-- (i) by striking ``and'' at the end of clause (i); (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following new clause: ``(ii) ensures the integrity and fairness of the games and which is appropriate for the size and complexity of the gaming operations authorized by the ordinance.''; (C) in paragraph (3)(D), by inserting ``shall make appropriate withholdings and'' after ``tribes''; (D) in paragraph (4)(A), by striking ``No person or entity'' and all that follows through ``State.''; (E) in paragraph 4(B)-- (i) in clause (ii), by striking ``entity'' and all that follows through ``Act'' and inserting in lieu thereof ``entity; except, however, the exemption shall transfer to those heirs of the individual licensee who are otherwise enrolled as members of the tribe which granted such license''; and (ii) by striking clause (iii); and (2) Subsection (c) of section 11 (25 U.S.C. 2710) is amended by striking paragraphs (3), (4), (5), and (6). (b) Class III Gaming.--(1) Subsection (d) of section 11 (25 U.S.C. 2710) is amended by striking ``Chairman'' each place it appears and inserting in lieu thereof ``Commission''. (2) Subparagraphs (B) and (C) of paragraph (1) are amended to read as follows: ``(B) located in a State where the requirements of clauses (i) through (iii) of paragraph (3)(C) are satisfied and the gaming activity is eligible for inclusion in a compact, and ``(C) conducted in conformance with a compact that is in effect.''. (3) Subparagraph (C) of section 11(d)(2) (25 U.S.C. 22710(d)(2)) is amended by striking ``Tribal-State compact entered into under paragraph (3) by the Indian tribe'' and inserting in lieu thereof ``compact''. (4) Clause (iii) of section 11(d)(2)(D) (25 U.S.C. (d)(2)(D)) is amended by striking ``Tribal-State compact entered into under paragraph (3)'' and inserting in lieu thereof ``compact''. (5) Paragraph (3) of section 11(d) (25 U.S.C. 2710(d)) is amended-- (A) by redesignating subparagraph (C) as subparagraph (H) and in that subparagraph-- (i) by striking ``Tribal-State compact'' and inserting in lieu thereof ``compact entered into''; (ii) in clause (i)-- (I) by striking ``the application of'' and inserting in lieu thereof ``the adoption of''; and (II) by inserting ``, with tribal consent, of'' after ``tribe or''; (iii) by striking clauses (ii) and (iv) and redesignating clauses (iii) through (vii) as clauses (ii) through (v), respectively; (iv) in clause (ii) (as redesignated by clause (iii) of this subparagraph), by inserting ``or Secretary'' after ``State''; and (v) in clause (v) (as redesignated by clause (iii) of this subparagraph), by striking ``directly'' and inserting in lieu thereof ``reasonably''; and (B) by striking subparagraphs (A) and (B) and inserting in lieu thereof the following: ``(A)(i) Any Indian tribe having jurisdiction over the lands upon which a class III gaming activity is to be conducted may request the State in which such lands are located to enter into negotiations for the purpose of entering into a compact governing the conduct of class III gaming activities; ``(ii) Such request shall be in writing and shall specify the gaming activity or activities the Indian tribe proposes for inclusion in the compact and within 30 days after such request, the State shall respond to the Indian tribe. ``(iii) Compact negotiations shall commence within 60 days after the submission of a request under clause (i), and shall be completed within 120 days of the initiation such compact negotiations, unless the State and the Indian tribe agree to a different period of time for the completion of such compact negotiations. ``(iv) Should the State or the Indian tribe find that they are unable to complete compact negotiations because they cannot reach agreement on the terms of a compact or should a State fail to respond to the tribe's written request for a compact or should a State fail to participate in timely negotiations as specified by this Act, the State or the Indian tribe may notify the Secretary. ``(B) The Secretary, in consultation with the Indian tribes and, if possible, the States, shall develop a panel of independent mediators, which shall be periodically updated. ``(C) If after the 120 days authorized for the completion of compact negotiations, the State and the Indian tribe have not agreed to recommend a compact to the Secretary, the State and the Indian tribe shall enter into mediation, pursuant to the following procedures: ``(i) The Secretary shall provide the State and Indian tribe with a list of names of three mediators randomly selected from the panel of independent mediators. The State and the Indian tribe each may remove a different mediator from the list of three mediators, and if both the State and Tribe remove the same mediator, the Secretary shall choose from the remaining mediators to conduct the mediation. ``(ii) The mediator shall attempt to achieve a compact not later than 60 days after such mediator is selected, unless such time period is extended by mutual agreement of the State and the Indian tribe. ``(iii) If mediation fails, the State and Indian tribe may submit their last best offer to the mediator, who shall evaluate the offers under the terms of this Act and recommend a compact to the Secretary, except that by mutual agreement the parties may substitute either compulsory arbitration, or a decision by the Secretary instead of a mediator's recommendation. If the State fails to submit a last best offer, the mediator shall recommend the Indian tribe's last best offer to the Secretary. ``(iv) The recommended compact shall also include such provisions which in the opinion of the mediator or arbitrator best meet the objectives of this Act, provides for adequate standards to ensure the integrity and fairness of the games, and are consistent with any declaratory judgment issued pursuant to paragraph (7) of this subsection. ``(D) If the parties or the mediator or arbitrator pursuant to this paragraph recommend a compact to the Secretary, the Secretary shall approve such compact and shall publish it in the Federal Register. ``(E) The compact also shall not be approved by the Secretary if it violates-- ``(i) any provision of this Act or the regulations promulgated by the Commission; ``(ii) any other provision of Federal law that does not relate to jurisdiction over gaming on Indian reservations; or ``(iii) the trust obligations of the United States to Indians. ``(F) Except for an appeal under subchapter II of chapter 5 of title 5, United States Code, by an Indian tribe or a State associated with the publication of the compact, the publication of a compact pursuant to paragraph (3)(D) which permits a form of class III gaming shall, for the purposes of this Act, be conclusive evidence that such class III gaming is an activity subject to negotiations under the laws of the State where the gaming is to be conducted, in any matter under consideration by the Commission or a Federal court. ``(G) Any compact negotiated under this subsection shall be effective upon its publication in the Federal Register by the Secretary or shall be effective after the passage of 60 days from the date of the mediator's recommendations to the Secretary, or from the date that a compact agreed to by both tribe and State is submitted to the Secretary, unless the Secretary, within 60 days, rejects the compact under subparagraph (E).''. (6) Paragraph (5) of section 11(d) (25 U.S.C. 2710(d)) is amended by striking ``Tribal-State compact entered into by the Indian tribe under paragraph (3)'' and inserting in lieu thereof ``compact''. (7) Paragraph (6) of section 11(d) (25 U.S.C. 2710(d)) is amended to read as follows: ``(6)(A) Nothing in this subsection shall compel a State to assume any responsibility regarding tribal gaming activities. A State's consent shall be required for any State responsibility for tribal gaming activities. If a State does not consent to a responsibility set forth in a compact, such compact shall continue to be in effect, except the subject responsibilities shall be assumed by the Commission, or in the discretion of the Commission, may be delegated to a tribal regulatory body. ``(B) The provisions of section 5 of the Act of January 2, 1951 (64 Stat. 1135; 15 U.S.C. 1175), shall not apply to any gaming on any Indian lands, and shall not apply to any commerce, intended for gaming on any Indian lands.''. (8) Paragraph (7) of section 11(d) (25 U.S.C. 2710(d)) is amended-- (A) by amending clause (i) of subparagraph (A) to read as follows: ``(i) any cause of action for a declaratory judgment brought by an Indian tribe or State, which is authorized by this clause to file an action for a declaratory judgment in district courts of the United States for the purposes of seeking a determination of what games are permitted to be played by any person or entity for any purposes in the State in which the proposed class III gaming activities are to be conducted on Indian lands,''; (B) in clause (ii) of subparagraph (A)-- (i) by inserting ``the United States,'' before ``a State''; and (ii) by striking ``Tribal-State compact entered into under paragraph (3)'' and inserting in lieu thereof ``compact''; (C) by amending clause (iii) to read as follows: ``(iii) any cause of action initiated by the Secretary, a State or an Indian tribe to enforce provisions of a compact.''; and (D) by amending subparagraph (B) to read as follows: ``(B) In any declaratory action brought under subparagraph (A)(i) the court shall declare that the gaming activity as a matter of Federal law shall be the subject of negotiation and included in a compact if it finds that-- ``(i) the gaming activity is not prohibited as a matter of State criminal law; or ``(ii) even if the gaming activity is prohibited as a matter of State criminal law, the gaming activity meets one or more of the following criteria-- ``(I) its principal characteristics are substantially similar to principal characteristics of gaming activities that are not prohibited as a matter of State criminal law; ``(II) State law permits the gaming activity subject to regulation; ``(III) as a matter of State law any person, organization, or entity within the State may engage in the gaming activity for any purpose; or ``(IV) there is a pervasive pattern of nonenforcement of the gaming prohibition. ``(C) Nothing in this subsection shall be construed to preclude or delay a tribe from seeking the mediation set forth in paragraph (3) of this subsection.''. (9) Subsection (d) of section 11 (25 U.S.C. 2710) is amended by striking paragraph (8) and redesignating paragraph (9) as paragraph (8) and in that paragraph by striking ``subsections (b), (c), (d), (f), (g), and (h) of''. (c) Approval of Tribal Gaming Ordinance or Resolution.--Subsection (e) of section 11 (25 U.S.C. 2710) is amended by striking ``Chairman'' each place it appears and inserting in lieu thereof ``Commission''. SEC. 10. MANAGEMENT CONTRACTS. (a) Role of Commission.--(1) Section 12 of the Act (25 U.S.C. 2711) is amended by striking ``Chairman'' each place it appears and inserting in lieu thereof ``Commission''. (2) Subsection (f) of such section is amended by striking ``he'' and inserting in lieu thereof ``the Commission''. (b) Information Required.--Section 12(a) (25 U.S.C. 2711(a)) is amended-- (1) in the matter preceding subparagraph (A) of paragraph (1), by striking ``class II gaming activity that the Indian tribe may engage in under section 11(b)(1)'' and inserting in lieu thereof ``gaming activity that the Indian tribe may engage in under this Act''; (2) by striking ``and'' at the end of paragraph (1)(B); (3) by striking the period at the end of paragraph (1)(C) and inserting in lieu thereof ``; and''; (4) by adding at the end of paragraph (1) the following new subparagraph: ``(D) a complete disclosure of all collateral and ancillary agreements that exist between the management company and the tribe, and between any and all persons listed in subparagraph (A) and the tribe.''; and (5) by striking paragraph (3). (c) Approval.--Subsection (b) of section 12 (25 U.S.C. 2711) is amended-- (1) by inserting ``and'' at the end of paragraph (4); (2) by striking paragraph (5); and (3) redesignating paragraph (6) as paragraph (5). (d) Period for Approval.--Subsection (d) of section 12 (25 U.S.C. 2711) is amended-- (1) by striking ``180'' both places it appears and inserting in lieu thereof ``90''; and (2) by amending the second sentence to read as follows: ``In the event the time periods expire without action taken by the Commission, the management contract shall be deemed to be approved and the tribe and management contractors may proceed as if such contract is formally approved.''. SEC. 11. EXISTING ORDINANCES AND CONTRACTS. Subsection (c) of section 13 (25 U.S.C. 2712) is amended by striking ``including all collateral agreements,'' and inserting in lieu thereof ``including all related agreements involving the same parties, financing or leasing agreements, or any agreement that pertains to significant management functions or responsibilities,''. SEC. 12. CIVIL PENALTIES. Paragraph (2) of section 14(a) (25 U.S.C. 2713(a)) is amended by inserting ``a mechanism for informal dispute resolution and''. SEC. 13. GAMING ON AFTER-ACQUIRED LANDS. (a) Elimination of Governor's Concurrence.--Subparagraph (A) of section 20(b)(1) of the Act (25 U.S.C. 2719(b)(1)) is amended by striking ``, but only if the Governor of the State in which the gaming activity is to be conducted concurs in the Secretary's determination''. (b) Reporting and Withholding of Taxes.--Paragraph (1) of section 20(d) (25 U.S.C. 2719(d)) is amended-- (1) by inserting ``, the exemption from Federal taxes provided to the States with respect to any gaming activity, and the reporting of cash transactions'' after ``wagering operations''; and (2) by striking ``under a Tribal-State compact entered into under section 11(d)(3) that is in effect,''. SEC. 14. CRIMINAL PROVISIONS. Section 1166 of title 18, United States Code, is amended by striking ``Tribal-State compact'' both places it appears and inserting in lieu thereof ``compact''. SEC. 15. TAX EXEMPT STATUS. The Act is amended by inserting after section 20 the following new section: ``tax exempt status ``Sec. 20A. Notwithstanding any other provision of Federal law, tribally owned or chartered gaming operations shall not be subject to any Federal tax, including (but not limited to) excise and corporations taxes, except for the fees and assessments expressly provided for in this Act.''. SEC. 16. RHODE ISLAND INDIAN CLAIMS SETTLEMENT ACT. Section 9 of the Rhode Island Indian Claims Settlement Act (25 U.S.C. 1708) is amended to read as follows: ``applicability of state law ``Sec. 9. Except as otherwise provided in this Act, the settlement lands shall be subject to the civil and criminal laws and jurisdiction of the State of Rhode Island.''. SEC. 17. EFFECTIVE DATES AND TRANSITION PROVISIONS. (a) Prior Compacts and Governance.--Notwithstanding any other provision of the Indian Gaming Regulatory Act Amendments of 1999, all compacts approved by the Secretary, and procedures for governance in lieu of compacts promulgated by the Secretary of the Interior, under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) as in effect before the date of the enactment of this Act, shall continue to be fully operative and binding on the parties and shall not be subject to revision unless agreed to by the parties. (b) Negotiations.--Any tribe that requested a State to negotiate a Tribal-State compact before the enactment of the Indian Gaming Regulatory Act Amendments of 1999 and has not completed that process may request the State to enter into a compact as specified under section 11(d)(3)(A) of the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.) as amended by this Act. (c) Lawfulness of Certain Class III Gaming Activities.--(1) Class III gaming activities that are as a matter of Federal law lawful in any jurisdiction on the date of the enactment of this Act, shall, notwithstanding any provision of this Act or the amendments made by this Act, remain lawful for purposes of section 11(d)(7)(C) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)(7)(C)), as amended by this Act. (2) For purposes of Federal law, the laws in effect on the date that an Indian tribe notifies the Secretary (or before December 31, 1996, notified the State) that it wishes to negotiate a compact, shall be the basis for determining the scope of gaming in section 11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 2710(d)), as amended by this Act, for any compact or for procedures in lieu of a compact. For 1997 and later, laws in effect may be considered so long as these laws increase the gaming options available to tribes. (3) Notwithstanding any provision of this Act or the amendments made by this Act-- (A) tribes operating Class III gaming pursuant to regulations promulgated by the Department of the Interior and in effect on or before the date of the enactment of this Act shall be entitled to conduct Class III gaming activities without the approval of a compact, consistent with such regulations; (B) tribes with Indian lands in Wisconsin shall be entitled to conduct Class III gaming activities consistent with the decision of Federal district court in Lac du Flambeau Band of Lake Superior Chippewa Indians v. State of Wisconsin, 770 F. Supp. 480 (W.D. Wis. 1991); (C) tribes with Indian lands in the State of Washington shall be entitled to conduct or continue such class III gaming activities that were actually operated in such State by any Indian tribe on or before November 1, 1994, without a compact, but only to the extent of the nature and scope of such class III gaming activities that were in operation by any Indian tribe in such State on or before such date, so long as such class III gaming activities are otherwise in compliance with this Act or court order; (D) tribes with Indian lands in the State of California shall be entitled to conduct class III gaming activities without a compact so long as such games are limited to the nature and scope of gaming activities conducted by any Indian tribe in the State of California in effect on or prior to January 1, 1997, and such activities are otherwise in compliance with this Act. (d) Catawba Indian Tribe of South Carolina.--Nothing in this Act or the amendments made by this Act shall be construed as a repeal of section 14(a) of the Catawba Indian Tribe of South Carolina Land Claims Settlement Act of 1993 (25 U.S.C. 941l(a)). (e) Definitions.--For the purposes of this section, the terms ``class III gaming'' and ``Indian tribe'' have the meaning given such terms in the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.). <all>

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2024-06-24T03:05:39.463460

BILLS-106hr1812ih

Selective Service Standby Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1812 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1812 To amend the Military Selective Service Act to suspend the registration requirement and the activities of civilian local boards, civilian appeal boards, and similar local agencies of the Selective Service System, except during national emergencies, and to require the Director of Selective Service to prepare a report regarding the development of a viable standby registration program for use only during national emergencies. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Paul (for himself, Mr. Rohrabacher, Mr. Metcalf, Mr. Clay, Mr. DeFazio, and Mr. Stark) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend the Military Selective Service Act to suspend the registration requirement and the activities of civilian local boards, civilian appeal boards, and similar local agencies of the Selective Service System, except during national emergencies, and to require the Director of Selective Service to prepare a report regarding the development of a viable standby registration program for use only during national emergencies. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Selective Service Standby Act of 1999''. SEC. 2. RESTRICTION OF REGISTRATION REQUIREMENT TO PERIODS OF NATIONAL EMERGENCIES. (a) National Emergency Registration Requirement.--Section 3(a) of the Military Selective Service Act (50 U.S.C. App. 453(a)) is amended by inserting after ``this title,'' the following: ``during any period in which a declaration of national emergency is in effect,''. (b) Procedure for Declaring National Emergencies.--Section 3 of such Act (50 U.S.C. App. 453) is further amended by adding at the end the following new subsections: ``(c) The President shall have the authority to declare a period of national emergency during which the registration requirements of subsection (a) shall apply. Subject to subsection (d), the President shall provide for the prompt termination of the declaration of national emergency upon the termination of the national emergency. ``(d) A declaration of national emergency under subsection (c) shall terminate upon the expiration of the first 10-day period of continuous session of Congress after the date of the declaration unless Congress enacts a law before the end of that period ratifying that specific declaration. For purposes of this subsection, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment or recess of more than three days to a day certain are excluded in a computation of the 10-day period.''. (c) Suspension of Sanctions for Persons Previously Subject to Registration.--Section 12 of such Act (50 U.S.C. App. 462) is amended by adding at the end the following new subsection: ``(h) In addition to the exception provided by subsection (g), a person may not be denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to present himself for and submit to registration under section 3 before the effective date of the Selective Service Standby Act of 1999.''. SEC. 3. SUSPENSION OF ACTIVITIES OF SELECTIVE SERVICE SYSTEM BOARDS. Section 17 of the Military Selective Service Act (50 U.S.C. App. 467) is amended by adding at the end the following new subsection: ``(d) Except during any period in which a declaration of national emergency is in effect under section 3-- ``(1) the President may not appoint a person as a member of a civilian local board, civilian appeal board, or similar local agency of the Selective Service System; and ``(2) any such board established under section 10(b)(3) may not meet.''. SEC. 4. REPORT ON STANDBY REGISTRATION PROGRAM FOR USE DURING NATIONAL EMERGENCIES. Not later than 150 days after the effective date of this Act, the Director of the Selective Service shall submit to Congress a report detailing a standby emergency manpower mobilization program to be used by the Selective Service System during periods in which a declaration of national emergency is in effect for the registration of persons who would be subject to registration under section 3 of the Military Selective Service Act (50 U.S.C. App. 453) during such a period. The report shall include an estimate of the cost to implement and operate the standby program and an evaluation of the feasibility of using existing and emerging information systems available to the Government to improve the effectiveness of any registration requirements. SEC. 5. SENSE OF CONGRESS ON USE OF SAVINGS FROM SUSPENSION OF REGISTRATION AND OTHER ACTIVITIES TO SUPPORT VETERANS HEALTH CARE. It is the sense of Congress that at least 50 percent of the difference between the amount appropriated to carry out the Military Selective Service Act for fiscal year 1999 and the amount appropriated for such purpose for each of the fiscal years 2000 through 2004 should be appropriated to the Secretary of Veterans Affairs to support expanded health care services for veterans under title 38, United States Code. SEC. 6. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 30 days after the date of the enactment of the Act. <all>

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