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BILLS-106hr1815ih

To rename Mount McKinley in Alaska as Denali.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1815 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1815 To rename Mount McKinley in Alaska as Denali. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Young of Alaska introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To rename Mount McKinley in Alaska as Denali. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION. 1. RENAMING MT. MCKINLEY AS DENALI. Mount McKinley, located in the State of Alaska at 63 degrees 04 minutes 12 seconds north, by 151 degrees 00 minutes 18 seconds west shall hereafter be named, referred to, and known for all purposes as Denali. All references in law and regulation, and all references on any map, to ``Mt. McKinley'' or ``Mount McKinley'' shall hereafter be treated as references to ``Denali''. <all>

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2024-06-24T03:05:39.775426

BILLS-106hr1819ih

Working Uninsured Tax Equity Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1819 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1819 To amend the Internal Revenue Code of 1986 to allow individuals who are not eligible to participate in employer-subsidized health plans a refundable credit for their health insurance costs. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 14, 1999 Mr. McDermott (for himself, Mr. Rogan, Mr. Stark, Mr. Graham, Mr. Matsui, Mr. Lewis of Georgia, Mr. Neal of Massachusetts, Mrs. Thurman, Mrs. Emerson, Ms. Kilpatrick, Mr. Frost, Mr. Inslee, Mr. Shows, Mr. McHugh, and Ms. Pelosi) 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 individuals who are not eligible to participate in employer-subsidized health plans a refundable credit for their health insurance 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 ``Working Uninsured Tax Equity Act of 1999''. SEC. 2. REFUNDABLE CREDIT FOR HEALTH INSURANCE COSTS. (a) In General.--Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to refundable personal credits) is amended by redesignating section 35 as section 36 and by inserting after section 34 the following new section: ``SEC. 35. HEALTH INSURANCE COSTS. ``(a) In General.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this subtitle an amount equal to 30 percent of the amount paid during the taxable year for insurance which constitutes medical care for the taxpayer, his spouse, and dependents. ``(b) Limitations.-- ``(1) Limitation based on earned income.--The payments taken into account under subsection (a) for any taxable year shall not exceed the sum of-- ``(A) the taxpayer's wages, salaries, tips, and other employee compensation includible in gross income, plus ``(B) the taxpayer's earned income (as defined in section 401(c)(2)). ``(2) Limitation based on other coverage.--Subsection (a) shall not apply to-- ``(A) any taxpayer for any calendar month for which the taxpayer is eligible to participate in any subsidized health plan maintained by any employer of the taxpayer or of the spouse of the taxpayer, or ``(B) amounts paid for coverage under-- ``(i) part B of title XVIII of the Social Security Act, or ``(ii) a Medicare supplemental policy (within the meaning of section 1882(g)(1) of the Social Security Act (42 U.S.C. 1395ss(g)(1))) or similar supplemental coverage provided under a group health plan. The rule of the last sentence of section 162(l)(2)(B) shall apply for purposes of subparagraph (A). ``(c) Limitation Based on Adjusted Gross Income.-- ``(1) In general.--No credit shall be allowed under subsection (a) for any taxable year for which the taxpayer's adjusted gross income exceeds the applicable dollar amount by $10,000 or more. ``(2) Phaseout.--If the taxpayer's adjusted gross income for the taxable year exceeds the applicable dollar amount by less than $10,000, the credit which would (but for this subsection and subsection (d)) be allowed under subsection (a) shall be reduced (but not below zero) by an amount which bears the same ratio to such credit as such excess bears to $10,000. Any reduction under the preceding sentence which is not a multiple of $10 shall be rounded to the next lowest $10. ``(3) Applicable dollar amount.--The term `applicable dollar amount' means-- ``(A) in the case of a taxpayer filing a joint return, $50,000, ``(B) in the case of any other taxpayer (other than a married individual filing a separate return), $30,000, and ``(C) in the case of a married individual filing a separate return, zero. ``(4) Special rule for married individuals filing separately and living apart.--A husband and wife who-- ``(A) file separate returns for any taxable year, and ``(B) live apart at all times during such taxable year, shall not be treated as married individuals for purposes of this paragraph. ``(d) Limitation Based on Amount of Tax.-- ``(1) In general.--The credit allowed by subsection (a) for the taxable year (determined after the application of subsections (b) and (c)) shall not exceed the sum of-- ``(A) the tax imposed by this chapter for the taxable year (reduced by the credits allowable against such tax other than the credits allowable under this subpart), and ``(B) the taxpayer's social security taxes for such taxable year. ``(2) Social security taxes.--For purposes of paragraph (1)-- ``(A) In general.--The term `social security taxes' means, with respect to any taxpayer for any taxable year-- ``(i) the amount of the taxes imposed by sections 3101, 3111, 3201(a), and 3221(a) on amounts received by the taxpayer during the calendar year in which the taxable year begins, ``(ii) the taxes imposed by section 1401 on the self-employment income of the taxpayer for the taxable year, and ``(iii) the taxes imposed by section 3211(a)(1) on amounts received by the taxpayer during the calendar year in which the taxable year begins. ``(B) Coordination with special refund of social security taxes.--The term `social security taxes' shall not include any taxes to the extent the taxpayer is entitled to a special refund of such taxes under section 6413(c). ``(C) Special rule.--Any amounts paid pursuant to an agreement under section 3121(l) (relating to agreements entered into by American employers with respect to foreign affiliates) which are equivalent to the taxes referred to in subparagraph (A)(i) shall be treated as taxes referred to in such subparagraph. ``(e) Coordination With Other Provisions.-- ``(1) Deduction for medical expenses.--The amount taken into account in computing the credit under subsection (a) shall not be taken into account in computing the amount allowable to the taxpayer as a deduction under section 213(a). ``(2) Self-employed individuals allowed either deduction or credit for health insurance.--No credit shall be allowed under this section to a taxpayer for a taxable year if any amount is allowed as a deduction to such taxpayer for such year under section 162(l). ``(f) Expenses Must Be Substantiated.--A payment for insurance to which subsection (a) applies may be taken into account under this section only if the taxpayer substantiates such payment in such form as the Secretary may prescribe. ``(g) Section Not To Apply to Long-Term Care Insurance.--This section shall not apply to insurance which constitutes medical care by reason of section 213(d)(1)(C).'' (b) Clerical Amendment.--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. Health insurance costs. ``Sec. 36. Overpayments of tax.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

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2024-06-24T03:05:39.786591

BILLS-106hr1822ih

Emergency Steel Loan Guarantee Program

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1822 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1822 To establish an emergency loan guarantee program for steel and iron ore companies. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 14, 1999 Mr. Regula (for himself, Mr. Ney, Mr. Callahan, and Mr. Aderholt) introduced the following bill; which was referred to the Committee on Banking and Financial Services, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jursidition of the committee concerned _______________________________________________________________________ A BILL To establish an emergency loan guarantee program for steel and iron ore companies. 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 Steel Loan Guarantee Program''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States steel industry has been severely harmed by a record surge of more than 40,000,000 tons of steel imports into the United States in 1998, caused by the world financial crisis; (2) this surge in imports resulted in the loss of more than 10,000 steel worker jobs in 1998, and was the imminent cause of 3 bankruptcies by medium-sized steel companies, Acme Steel, Laclede Steel, and Geneva Steel; (3) the crisis also forced almost all United States steel companies into-- (A) reduced volume, lower prices, and financial losses; and (B) an inability to obtain credit for continued operations and reinvestment in facilities; (4) the crisis also has affected the willingness of private banks and investment institutions to make loans to the U.S. steel industry for continued operation and reinvestment in facilities; (5) these steel bankruptcies, job losses, and financial losses are also having serious negative effects on the tax base of cities, counties, and States, and on the essential health, education, and municipal services that these government entities provide to their citizens; and (6) a strong steel industry is necessary to the adequate defense preparedness of the United States in order to have sufficient steel available to build the ships, tanks, planes, and armaments necessary for the national defense. SEC. 3. DEFINITIONS. For purposes of this Act-- (1) the term ``Board'' means the Loan Guarantee Board established under section 5; (2) the term ``Program'' means the Emergency Steel Guaranteed Loan Program established under section 4; and (3) the term ``qualified steel company'' means any company that-- (A) is incorporated under the laws of any State; (B) is engaged in the production and manufacture of a product defined by the American Iron and Steel Institute as a basic steel mill product, including ingots, slab and billets, plates, flat-rolled steel, sections and structural products, bars, rail type products, pipe and tube, and wire rod; and (C) has experienced layoffs, production losses, or financial losses since the beginning of the steel import crisis, after January 1, 1998. SEC. 4. ESTABLISHMENT OF EMERGENCY STEEL GUARANTEED LOAN PROGRAM. There is established the Emergency Steel Guaranteed Loan Program, to be administered by the Board, the purpose of which is to provide loan guarantees to qualified steel companies in accordance with this Act. SEC. 5. LOAN GUARANTEE BOARD MEMBERSHIP. There is established a Loan Guarantee Board, which shall be composed of-- (1) the Secretary of Commerce, who shall serve as Chairman of the Board; (2) the Secretary of Labor; and (3) the Secretary of the Treasury. SEC. 6. LOAN GUARANTEE PROGRAM. (a) Authority.--The Program may guarantee loans provided to qualified steel companies by private banking and investment institutions in accordance with the procedures, rules, and regulations established by the Board. (b) Total Guarantee Limit.--The aggregate amount of loans guaranteed and outstanding at any one time under this Act may not exceed $1,000,000,000. (c) Individual Guarantee Limit.--The aggregate amount of loans guaranteed under this Act with respect to a single qualified steel company may not exceed $250,000,000. (d) Minimum Guarantee Amount.--No single loan in an amount that is less than $25,000,000 may be guaranteed under this Act, except that the Board may, in exceptional circumstances, guarantee smaller loans. (e) Timelines.--The Board shall approve or deny each application for a guarantee under this Act as soon as possible after receipt of such application. (f) Additional Costs.--For the additional cost of the loans guaranteed under this section, including the costs of modifying the loans as defined in section 502 of the Congressional Budget Act of 1974 (2 U.S.C. 661a), there is authorized to be appropriated $140,000,000, to remain available until expended. (g) Requirements for Loan Guarantees.--A loan guarantee may be issued under this Act upon application to the Board by a qualified steel company pursuant to an agreement to provide a loan to that qualified steel company by a private bank or investment company, if the Board determines that-- (1) credit is not otherwise available to that company under reasonable terms or conditions sufficient to meet its financing needs, as reflected in the financial and business plans of that company; (2) the prospective earning power of that company, together with the character and value of the security pledged, furnish reasonable assurance of repayment of the loan to be guaranteed in accordance with its terms; (3) the loan to be guaranteed bears interest at a rate determined by the Board to be reasonable, taking into account the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of such loan; and (4) the company has agreed to an audit by the General Accounting Office, prior to the issuance of the loan guarantee and annually while any such guaranteed loan is outstanding. (h) Terms and Conditions of Loan Guarantees.-- (1) Loan duration.--All loans guaranteed under this Act shall be payable in full not later than December 31, 2005, and the terms and conditions of each such loan shall provide that the loan may not be amended, or any provision thereof waived, without the consent of the Board. (2) Loan security.--Any commitment to issue a loan guarantee under this Act shall contain such affirmative and negative covenants and other protective provisions that the Board determines are appropriate. The Board shall require security for the loans to be guaranteed under this Act at the time at which the commitment is made. (3) Fees.--A qualified steel company receiving a guarantee under this Act shall pay a fee in an amount equal to 0.5 percent of the outstanding principal balance of the guaranteed loan to the Department of the Treasury. (i) Reports to Congress.--The Secretary of Commerce shall submit to the Congress annually a full report of the activities of the Board under this Act during fiscal years 1999 and 2000, and annually thereafter, during such period as any loan guaranteed under this Act is outstanding. SEC. 7. SALARIES AND ADMINISTRATIVE EXPENSES. For necessary expenses to administer the Program, there is authorized to be appropriated to the Department of Commerce $5,000,000, to remain available until expended, which may be transferred to the Office of the Assistant Secretary for Trade Development of the International Trade Administration. SEC. 8. TERMINATION OF GUARANTEE AUTHORITY. The authority of the Board to make commitments to guarantee any loan under this Act shall terminate on December 31, 2001. SEC. 9. REGULATORY ACTION. The Board shall issue such final procedures, rules, and regulations as may be necessary to carry out this Act not later than 60 days after the date of enactment of this Act. SEC. 10. IRON ORE COMPANIES. (a) In General.--Subject to the requirements of this section, an iron ore company incorporated under the law of any State shall be treated as a qualified steel company for purposes of the Program. (b) Total Guarantee Limit for Iron Ore Companies.--Of the aggregate amount of loans authorized to be guaranteed and outstanding at any one time under section 6(b), not to exceed $30,000,000 of the amount of loans guaranteed and outstanding at any one time shall be loans with respect to iron ore companies. (c) Minimum Iron Ore Company Guarantee Amount.--Notwithstanding section 6(d), a single loan to an iron ore company in an amount of not less than $6,000,000 may be guaranteed under this section. SEC. 11. EMERGENCY DESIGNATION. The entire amount made available to carry out this Act-- (1) is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)); and (2) shall be available only to the extent that an official budget request that includes designation of the entire amount of the request as an emergency requirement (as defined in the Balanced Budget and Emergency Deficit Control Act of 1985) is transmitted by the President to the Congress. <all>

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2024-06-24T03:05:39.850030

BILLS-106hr1821ih

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. 1821 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1821 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 14, 1999 Mr. Rangel (for himself, Mr. Romero-Barcelo, Mr. Barrett of Wisconsin, Mrs. Thurman, Mr. Frost, Ms. Kilpatrick, Mr. Blagojevich, Mr. Meeks of New York, Ms. Carson, Mr. Davis of Illinois, Mrs. Meek of Florida, Mr. Olver, Mr. Roemer, Mr. Jackson of Illinios, Ms. Berkley, Mr. Gephardt, Mr. Kennedy of Rhode Island, Ms. Velazquez, Mr. Phelps, Mrs. Clayton, Ms. Waters, Mr. Cummings, Mr. Dixon, Mr. Ford, Mr. Hilliard, Mr. Rush, Mr. Towns, Mrs. Jones of Ohio, Mr. Owens, and Ms. Brown of Florida) 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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2024-06-24T03:05:39.968984

BILLS-106hr1814ih

To provide incentives for Indian tribes to collect and pay lawfully imposed State sales taxes on goods sold on tribal lands and to provide for penalties against Indian tribes that do not collect and pay such State sales taxes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1814 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1814 To provide incentives for Indian tribes to collect and pay lawfully imposed State sales taxes on goods sold on tribal lands and to provide for penalties against Indian tribes that do not collect and pay such State sales taxes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 13, 1999 Mr. Visclosky (for himself, Mr. Istook, Mr. Sandlin, Mr. LaHood, Mr. Roemer, Mr. McIntosh, Mr. Skelton, Mr. Coble, Mr. Souder, Mrs. Myrick, Mr. Hostettler, Mrs. Emerson, Mr. Ney, Mr. Nethercutt, Mr. Hill of Montana, Mr. Sessions, Mr. Tancredo, Mr. Burton of Indiana, Mr. Rothman, Mr. Buyer, Mr. Graham, and Mr. Canady of Florida) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To provide incentives for Indian tribes to collect and pay lawfully imposed State sales taxes on goods sold on tribal lands and to provide for penalties against Indian tribes that do not collect and pay such State sales taxes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCENTIVE FOR INDIAN TRIBES TO ENSURE COLLECTION OF STATE SALES TAXES. Priority among Indian tribes competing for Federal grants shall be given to Indian tribes that certify, through a process established by the Secretary in consultation with the States, that retail establishments operating on trust lands within a tribe's jurisdiction are collecting and paying to the appropriate State all qualified State retail taxes. SEC. 2. CERTIFICATION OF FAILURE TO PAY TAX. If an Indian or Indian tribe consistently and willfully fails-- (1) to pay any qualified State retail tax on any retail item sold, by a retail establishment located on land that is held in trust for the benefit of the Indian or Indian tribe, to a person who is not either a member of the Indian tribe on behalf of which the land is held in trust or a member of the same Indian tribe as the Indian for whom the land is held in trust; (2) to make equal payment to the State in lieu of such qualified State retail tax; or (3) to make payment to a State pursuant to a compact governing the payment of qualified State retail tax between the Indian or Indian tribe and the State, then the Governor or the Attorney General of the State may document and certify such failure to the Assistant Secretary and request that the land upon which the structure which houses the retail establishment is located be taken out of trust status. SEC. 3. NOTICE OF REQUEST; COMMENT PERIOD. (a) Notice.-- (1) Federal register.--Not later than 30 days after receiving documentation, certification, and a request from the Governor or attorney general of a State in accordance with section 2, the Assistant Secretary shall publish notice of the request and the reason therefor in the Federal Register. (2) Other notice.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate rules to ensure prompt notification of any Indian or Indian tribe regarding whose land a request for removal from trust has been made under section 2, the time and manner in which the Indian or Indian tribe has to respond to the request, and the Indian or Indian tribe's rights regarding the request. (b) Comment Period.--The Assistant Secretary shall provide a period of 90 days after the publication pursuant to subsection (a) for interested persons to submit comments on the request. (c) Hearing.-- (1) In general.--If a request is made under this Act for removal of an Indian or Indian tribe's land from trust, the Indian or Indian tribe may request a timely hearing on the request to remove such land from trust. (2) Time period.--If a hearing is requested under paragraph (1) not later than 60 days after the publication pursuant to subsection (a), the Secretary shall grant the hearing request. A hearing under this paragraph shall be held not later than the expiration of the 90-day period provided for comment under subsection (b). (3) Regulations.--Not later than 90 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to implement this section. SEC. 4. INVESTIGATION; PUBLICATION OF FINDINGS. (a) Investigation.--Upon receipt of documentation, certification, and a request from the Governor or attorney general of a State in accordance with section 2, the Assistant Secretary shall begin an investigation to verify that the Indian or Indian tribe consistently and willfully failed to make payment described in paragraph (1), (2), or (3) of section 2 as documented and certified by the Governor or attorney general of the State. (b) Determination.--Not later than 60 days after the completion of the 90-day notice and comment period required by subsections 2(a) and 2(b), the Assistant Secretary shall publish the results of the investigation in the Federal Register. SEC. 5. REMOVAL OF LAND FROM TRUST. (a) In General.--If the Assistant Secretary determines pursuant to section 4 that an Indian or Indian tribe consistently and willfully failed to make payment described in paragraph (1), (2), or (3) of section 2 in relation to any retail item sold by a retail establishment located on land that is held in trust for the benefit of the Indian or Indian tribe to a person who is not either a member of the Indian tribe on behalf of which the land is held in trust or a member of the same Indian tribe as the Indian for whom the land is held in trust, the Assistant Secretary shall inform the Secretary of such determination. Upon receipt of such determination, the Secretary shall remove from trust status such land as the Secretary determines to constitute the extent of the retail operations. (b) Effect of Removal From Trust.--Removal of land from trust under this Act shall eliminate tribal authority regarding taxation and make the property subject to all applicable State and local sales taxes on goods purchased on such land regardless of the purchaser's status as a tribal member. (c) Effect of Payment or Agreement To Pay.--If, before the Secretary removes land from trust status pursuant to subsection (a), the Indian or Indian tribe that was determined to have failed to make payment described in paragraph (1), (2), or (3) of section 2, makes all such payments to the State or enters into an agreement with the State to make such payment, the Governor or attorney general of the State, the Indian, or the Indian tribe may inform the Assistant Secretary of such payment or agreement and request that the land not be removed from trust status. If the Governor or the attorney general of a State so requests, the Assistant Secretary shall immediately inform the Secretary of the request and the land shall not be removed from trust status unless new documentation, certification, and a new request is submitted, published, and investigated in accordance with this Act. (d) Appeal of Decision.--The Secretary's determination under this section shall be final agency action for purposes of judicial review. (e) Trust Status Restored.--The Secretary shall take into trust for the benefit of an Indian or an Indian tribe any land that was held in trust for that Indian or Indian tribe but was taken out of trust in accordance with the provisions of this Act, if each State in which such land is located certifies to the Secretary that, for not less than 1 year following such removal, the Indian or Indian tribe has made all applicable payments described in section 2 to the State or has entered into an agreement with the State to make such payment. SEC. 6. ELIGIBILITY FOR BENEFITS. For the purposes of the delivery of services and benefits furnished to federally recognized Indian tribes and members of such tribes, land taken out of trust pursuant to this Act shall be considered part of the service area of the Indian tribe on behalf of which the land was held in trust or the Indian tribe of the Indian on whose behalf the land was held in trust. SEC. 7. DEFINITIONS. For the purposes of this Act-- (1) the term ``Assistant Secretary'' means the Assistant Secretary of the Interior for Indian Affairs; (2) the term ``Indian'' means any individual who is a member of an Indian tribe; (3) the term ``Indian tribe'' means any federally recognized Indian tribe, band, nation, pueblo, or other organized group or community, excluding any Alaska Native village or regional corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act; (4) the term ``qualified State retail tax'' means a lawfully imposed, nondiscriminatory State excise or sales tax on any retail item sold by a retail establishment located on land that is held in trust for the benefit of the Indian or Indian tribe to a person who is not either a member of the Indian tribe on behalf of which the land is held in trust or a member of the same Indian tribe as the Indian for whom the land is held in trust; and (5) the term ``Secretary'' means the Secretary of the Interior. SEC. 8. RULEMAKING AUTHORITY. Except as otherwise provided in this Act, not less than 90 days after the date of the enactment of this Act, the Secretary shall issue interim rules to implement the provisions of this Act. <all>

usgpo

2024-06-24T03:05:40.028108

BILLS-106hr1818ih

FEC Reform and Authorization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1818 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1818 To amend the Federal Election Campaign Act of 1971 to improve the efficiency of the Federal Election Commission, to authorize appropriations for the Commission for fiscal year 2000, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 14, 1999 Mr. Hoyer (for himself, Mr. Fattah, and Mr. Davis of Florida) 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 improve the efficiency of the Federal Election Commission, to authorize appropriations for the Commission for fiscal year 2000, 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 ``FEC Reform and Authorization 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. References in Act. TITLE I--PROMOTING DISCLOSURE OF CAMPAIGN INFORMATION Sec. 101. Filing of reports using computers. Sec. 102. Campaign cycle reporting. Sec. 103. Granting Commission authority to waive reporting requirements or modify deadlines. Sec. 104. Establishment of FEC as sole point of entry for reports. Sec. 105. Prohibiting fraudulent misrepresentation in solicitation of contributions. Sec. 106. Regulation of contributions and expenditures of draft committees. Sec. 107. Permitting principal campaign committees to file reports on monthly basis. Sec. 108. Uniform 15-day deadline for semiannual, year-end, and monthly reports. Sec. 109. Clarification of permissible use of facsimile machines and electronic mail to file reports. Sec. 110. Requiring actual receipt of certain independent expenditure reports within 24 hours. Sec. 111. Requiring monthly filing for certain multicandidate political action committees. TITLE II--CONTRIBUTIONS AND EXPENDITURES Sec. 201. Application of aggregate contribution limit on calendar year basis during non-election years. Sec. 202. Contributions from foreign nationals. Sec. 203. Treatment of lines of credit obtained by candidates as commercially reasonable loans. Sec. 204. Broader prohibition against force and reprisals. Sec. 205. Repeal Secretary of Commerce reports on district-specific population. Sec. 206. Technical correction regarding treatment of honoraria. Sec. 207. Banning acceptance of cash contributions greater than $100. TITLE III--PROMOTING ENFORCEMENT OF CAMPAIGN FINANCE LAWS Sec. 301. Authorization of FEC to issue immunity orders. Sec. 302. Alternative procedures for imposition of penalties for reporting violations. Sec. 303. Extension of post-election period for audits for cause. Sec. 304. Standard for initiation of actions. Sec. 305. Signature authority of members of Commission for subpoenas and reason-to-believe notification. TITLE IV--PUBLIC FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS Sec. 401. Eligibility threshold for primary matching funds. Sec. 402. Elimination of State-specific expenditure limits for primary candidates. Sec. 403. Elimination of separate limit on expenditures for fundraising for primary candidates. Sec. 404. Eligibility requirements for public financing. Sec. 405. Deposit of repayments into Presidential Election Campaign Fund. Sec. 406. Banning contributions to presidential candidates certified to receive public financing. TITLE V--OTHER MISCELLANEOUS PROVISIONS Sec. 501. Authorization of appropriations for Federal Election Commission. Sec. 502. Requiring FEC to update national voting systems standards. Sec. 503. Abolition of ex officio membership of Clerk of House of Representatives and Secretary of Senate on Commission. TITLE VI--EFFECTIVE DATE Sec. 601. Effective date. SEC. 2. REFERENCES IN ACT. Except as otherwise specifically provided, whenever in this Act an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Federal Election Campaign Act of 1971 . TITLE I--PROMOTING DISCLOSURE OF CAMPAIGN INFORMATION SEC. 101. FILING OF REPORTS USING COMPUTERS. Section 304(a) (2 U.S.C. 434(a)) is amended by striking paragraph (11) and inserting the following: ``(11)(A) The Commission shall promulgate a regulation under which a person required to file a designation, statement, or report under this Act-- ``(i) is required to maintain and file a designation, statement, or report for any calendar year in electronic form accessible by computers if the person has, or has reason to expect to have, aggregate contributions or expenditures in excess of a threshold amount determined by the Commission; and ``(ii) may maintain and file a designation, statement, or report in electronic form or an alternative form if not required to do so under the regulation promulgated under clause (i). ``(B) The Commission shall make a designation, statement, report, or notification that is filed electronically with the Commission accessible to the public on the Internet not later than 24 hours after the designation, statement, report, or notification is received by the Commission. ``(C) In promulgating a regulation under this paragraph, the Commission shall provide methods (other than requiring a signature on the document being filed) for verifying designations, statements, and reports covered by the regulation. Any document verified under any of the methods shall be treated for all purposes (including penalties for perjury) in the same manner as a document verified by signature.''. SEC. 102. CAMPAIGN CYCLE REPORTING. Section 304(b) (2 U.S.C. 434(b)) is amended by inserting ``(or election cycle, in the case of an authorized committee of a candidate for Federal office)'' after ``calendar year'' each place it appears in paragraphs (2), (3), (4), (6), and (7). SEC. 103. GRANTING COMMISSION AUTHORITY TO WAIVE REPORTING REQUIREMENTS OR MODIFY DEADLINES. Section 304 (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d) The Commission may relieve any person or category of persons of the obligation to file any of the reports required by this section, or may change the due dates of any of the reports required by this section, if it determines that such action is consistent with the purposes of this title. During each calendar quarter, the Commission shall publish a list of each waiver granted under this subsection during the previous quarter.''. SEC. 104. ESTABLISHMENT OF FEC AS SOLE POINT OF ENTRY FOR REPORTS. (a) In General.--Section 302(g) (2 U.S.C. 432(g)) is amended to read as follows: ``(g) All designations, statements, and reports required to be filed under this Act shall be filed with the Commission.''. (b) Conforming Amendments.--Section 304 (2 U.S.C. 434) is amended-- (1) in subsection (a)(6)(A), by striking ``the Secretary or''; and (2) in the second sentence of subsection (c)(2), by striking ``the Secretary or''. SEC. 105. PROHIBITING FRAUDULENT MISREPRESENTATION IN SOLICITATION OF CONTRIBUTIONS. Section 322 (2 U.S.C. 441h) is amended-- (1) by striking ``No person'' and inserting ``(a) No person''; and (2) by adding at the end the following new subsection: ``(b) No person may-- ``(1) fraudulently misrepresent himself or herself or any entity under the person's control as soliciting contributions for or on behalf of any candidate or political party; or ``(2) knowingly and willfully participate in or conspire to participate in any plan, scheme, or design to violate paragraph (1).''. SEC. 106. REGULATION OF CONTRIBUTIONS AND EXPENDITURES OF DRAFT COMMITTEES. (a) In General.-- (1) Treatment as contributions.--Section 301(8)(A) (2 U.S.C. 431(8)(A)) is amended-- (A) by striking ``or'' at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ``; or''; and (C) by adding at the end the following new clause: ``(iii) any gift, subscription, loan, advance, or deposit of money or anything of value made by any person for the purpose of influencing any clearly identified individual to seek nomination or election to Federal office.''. (2) Treatment as expenditures.--Section 301(9)(A) (2 U.S.C. 431(9)(A)) is amended-- (A) by striking ``or'' at the end of clause (i); (B) by striking the period at the end of clause (ii) and inserting ``; or''; and (C) by adding at the end the following new clause: ``(iii) any purchase, payment, distribution, loan, advance, deposit, or gift of money or anything of value made by any person for the purpose of influencing any clearly identified individual to seek nomination or election to Federal office.''. (b) Application to Corporations and Labor Organizations.--Section 316(b)(2) (2 U.S.C. 441b(b)(2)) is amended in the matter preceding subparagraph (A) by inserting after ``in this section,'' the following: ``and shall include any contribution described in section 301(8)(A)(iii) and any expenditure described in section 301(9)(A)(iii),''. SEC. 107. PERMITTING PRINCIPAL CAMPAIGN COMMITTEES TO FILE REPORTS ON MONTHLY BASIS. Section 304(a) (2 U.S.C. 434(a)) is amended-- (1) in paragraph (2), by striking ``If'' and inserting ``Except as provided in paragraph (12), if''; and (2) by adding at the end the following new paragraph: ``(12)(A) A political committee which is the principal campaign committee of a candidate for the House of Representatives or for the Senate may file monthly reports in accordance with this paragraph in lieu of the reports required to be filed under paragraph (2), except that-- ``(i) in addition to such monthly reports, the committee shall file a pre-election report in accordance with paragraph (2)(A)(i) with respect to any primary election in which the candidate participates, except that in the case of a primary election occurring during the first 20 days of a month, the Commission may waive the requirement to file such pre-election report or the requirement to file the report otherwise due under this paragraph during the month, or may revise the deadlines otherwise applicable for submitting such reports; and ``(ii) in lieu of filing the reports otherwise due under this paragraph in November and December of any year in which a regularly scheduled general election is held, a pre-general election report shall be filed in accordance with paragraph (2)(A)(i), a post-general election report shall be filed in accordance with paragraph (2)(A)(ii), and a year end report shall be filed no later than January 31 of the following calendar year. ``(B) Monthly reports under this paragraph shall be filed by the treasurer of the committee no later than the 20th day after the last day of the month and shall be complete as of the last day of the month.''. SEC. 108. UNIFORM 15-DAY DEADLINE FOR SEMIANNUAL, YEAR-END, AND MONTHLY REPORTS. (a) Semiannual Reports.--Section 304(a) (2 U.S.C. 434(a)) is amended-- (1) in paragraphs (2)(B)(i) and (4)(B)(iv), by striking ``July 31'' and inserting ``July 15''; and (2) in paragraphs (2)(B)(ii) and (4)(B)(iv), by striking ``January 31'' and inserting ``January 15''. (b) Year-End Reports.-- (1) Final quarter report for committees reporting quarterly.--Section 304(a) (2 U.S.C. 434(a)) is amended in paragraphs (2)(A)(iii) and (4)(A)(i), by striking ``: except that'' and all that follows through ``year''. (2) Reports of other committees.--Section 304(a) (2 U.S.C. 434(a)) is amended in paragraphs (3)(A)(i), (4)(B), and (12)(B) by striking ``January 31'' and inserting ``January 15''. (c) Monthly Reports.--Section 304(a) (2 U.S.C. 434(a)) is amended in paragraphs (3)(A)(i), (3)(B)(i), (4)(B), and (12)(B) by striking ``20th day'' and inserting ``15th day''. SEC. 109. CLARIFICATION OF PERMISSIBLE USE OF FACSIMILE MACHINES AND ELECTRONIC MAIL TO FILE REPORTS. Section 304(a)(11)(A)(i) (2 U.S.C. 434(a)(11)(A)(i)), as amended by section 101, is amended by inserting after ``computers'' the following: ``(including by facsimile device or electronic mail in the case of any report required to be filed within 24 hours after the transaction reported has occurred)''. SEC. 110. REQUIRING ACTUAL RECEIPT OF CERTAIN INDEPENDENT EXPENDITURE REPORTS WITHIN 24 HOURS. (a) In General.--Section 304(c)(2) (2 U.S.C. 434(c)(2)) is amended in the matter following subparagraph (C)-- (1) by striking ``shall be reported'' and inserting ``shall be filed''; and (2) by adding at the end the following new sentence: ``Notwithstanding subsection (a)(5), the time at which the statement under this subsection is received by the Secretary, the Commission, or any other recipient to whom the notification is required to be sent shall be considered the time of filing of the statement with the recipient.''. (b) Conforming Amendment.--Section 304(a)(5) (2 U.S.C. 434(a)(5)) is amended by striking ``or (4)(A)(ii)'' and inserting ``or (4)(A)(ii), or the second sentence of subsection (c)(2)''. SEC. 111. REQUIRING MONTHLY FILING FOR CERTAIN MULTICANDIDATE POLITICAL ACTION COMMITTEES. (a) In General.--Section 304(a)(3) (2 U.S.C. 434(a)(3)) is amended-- (1) in the matter preceding subparagraph (A), by striking ``President--'' and inserting ``President or is a multicandidate political committee described in section 315(a)(4)--''; (2) by striking ``and'' at the end of subparagraph (A); (3) in subparagraph (B) in the matter preceding clause (i), by striking ``calendar year,'' and inserting ``calendar year in the case of a committee which is the principal campaign committee of a candidate for the office of President,''; (4) by striking the period at the end of subparagraph (B) and inserting ``; and''; (5) by adding at the end the following new subparagraph: ``(C) in any other calendar year in the case of a multicandidate political committee described in section 315(a)(4), the treasurer shall file reports in accordance with paragraph (4).''. (b) Conforming Amendment.--Section 304(a)(4) (2 U.S.C. 434(a)(4)) is amended in the matter preceding subparagraph (A) by striking ``All political committees'' and inserting ``Except as otherwise provided in this subsection, all political committees''. TITLE II--CONTRIBUTIONS AND EXPENDITURES SEC. 201. APPLICATION OF AGGREGATE CONTRIBUTION LIMIT ON CALENDAR YEAR BASIS DURING NON-ELECTION YEARS. Section 315(a)(3) (2 U.S.C. 441a(a)(3)) is amended by striking the second sentence. SEC. 202. CONTRIBUTIONS FROM FOREIGN NATIONALS. Section 319 (2 U.S.C. 441e) is amended-- (1) in the heading, by striking ``contributions'' and inserting ``donations and expenditures''; and (2) in subsection (a), by striking ``contribution'' each place it appears and inserting ``donation or expenditure''. SEC. 203. TREATMENT OF LINES OF CREDIT OBTAINED BY CANDIDATES AS COMMERCIALLY REASONABLE LOANS. Section 301(8)(B) (2 U.S.C. 431(8)(B)) is amended-- (1) by striking ``and'' at the end of clause (xiii); (2) by striking the period at the end of clause (xiv) and inserting ``; and''; and (3) by adding at the end the following new clause: ``(xv) any loan of money derived from an advance on a candidate's brokerage account, credit card, home equity line of credit, or other line of credit available to the candidate, if such loan is made in accordance with applicable law and under commercially reasonable terms and if the person making such loan makes loans in the normal course of the person's business.''. SEC. 204. BROADER PROHIBITION AGAINST FORCE AND REPRISALS. Section 316(b)(3) (2 U.S.C. 441b(b)(3)) is amended-- (1) by redesignating subparagraphs (A) through (C) as subparagraphs (B) through (D); and (2) by inserting before subparagraph (B) (as so redesignated) the following new subparagraph: ``(A) for such a fund to cause another person to make a contribution or expenditure by physical force, job discrimination, financial reprisals, or the threat of force, job discrimination, or financial reprisal;''. SEC. 205. REPEAL SECRETARY OF COMMERCE REPORTS ON DISTRICT-SPECIFIC POPULATION. (a) Repeal Report by Secretary of Commerce on District-Specific Voting Age Population.--Section 315(e) (2 U.S.C. 441a(e)) is amended by striking ``States, of each State, and of each congressional district'' and inserting ``States and of each State''. (b) Deadline for Reporting of Certain Annual Estimates to Commission.-- (1) Price index.--Section 315(c)(1) (2 U.S.C. 441a(c)(1)) is amended-- (A) by striking ``At the beginning'' and inserting ``Not later than February 15''; and (B) by striking ``as there become available necessary data from the Bureau of Labor Statistics of the Department of Labor,''. (2) Voting age population.--Section 315(e) (2 U.S.C. 441a(e)) is amended by striking ``During the first week of January 1975, and every subsequent year,'' and inserting ``Not later than February 15 of 1975 and each subsequent year,''. SEC. 206. TECHNICAL CORRECTION REGARDING TREATMENT OF HONORARIA. Section 301(8)(B) (2 U.S.C. 431(8)(B)), as amended by section 203, is further amended-- (1) by adding ``and'' at the end of clause (xiii); (2) by striking clause (xiv); and (3) by redesignating clause (xv) as clause (xiv). SEC. 207. BANNING ACCEPTANCE OF CASH CONTRIBUTIONS GREATER THAN $100. Section 315 (2 U.S.C. 441a) is amended by adding at the end the following new subsection: ``(i) No candidate or political committee may accept any contributions of currency of the United States or currency of any foreign country from any person which, in the aggregate, exceed $100.''. TITLE III--PROMOTING ENFORCEMENT OF CAMPAIGN FINANCE LAWS SEC. 301. AUTHORIZATION OF FEC TO ISSUE IMMUNITY ORDERS. Section 6001(1) of title 18, United States Code, is amended by inserting ``the Federal Election Commission,'' after ``the Federal Deposit Insurance Corporation,''. SEC. 302. ALTERNATIVE PROCEDURES FOR IMPOSITION OF PENALTIES FOR REPORTING VIOLATIONS. (a) In General.--Section 309(a)(4) (2 U.S.C. 437g(a)(4)) is amended-- (1) in subparagraph (A)(i), by striking ``clause (ii)'' and inserting ``clauses (ii) and subparagraph (C)''; and (2) by adding at the end the following new subparagraph: ``(C)(i) Notwithstanding subparagraph (A), in the case of a violation of any requirement under this Act relating to the reporting of receipts or disbursements, the Commission may-- ``(I) find that a person committed such a violation on the basis of information obtained pursuant to the procedures described in paragraphs (1) and (2); and ``(II) based on such finding, require the person to pay a civil money penalty in an amount determined under a schedule of penalties which is established and published by the Commission and which takes into account the amount of the violation involved, the existence of previous violations by the person, and such other factors as the Commission considers appropriate. ``(ii) The Commission may not make any determination adverse to a person under clause (i) until the person has been given written notice and an opportunity for the determination to be made on the record. ``(iii) Any person against whom an adverse determination is made under this subparagraph may obtain a review of such determination by filing in the United States District Court for the District of Columbia (prior to the expiration of the 30-day period which begins on the date the person receives notification of the determination) a written petition requesting that the determination be modified or set aside.''. (b) Conforming Amendment.--Section 309(a)(6)(A) (2 U.S.C. 437g(a)(6)(A)) is amended by striking ``paragraph (4)(A)'' and inserting ``paragraph (4)''. (c) Effective Date.--The amendments made by this section shall apply with respect to violations occurring on or after January 1, 2001. SEC. 303. EXTENSION OF POST-ELECTION PERIOD FOR AUDITS FOR CAUSE. The sixth sentence of section 311(b) (2 U.S.C. 438(b)) is amended by striking ``6 months'' and inserting ``12 months''. SEC. 304. STANDARD FOR INITIATION OF ACTIONS. (a) In General.--Section 309(a)(2) (2 U.S.C. 437g(a)(2)) is amended by striking ``it has reason to believe'' and all that follows through ``of 1954,'' and inserting the following: ``it has a reason to investigate a possible violation of this Act or of chapter 95 or chapter 96 of the Internal Revenue Code of 1986 that has occurred or is about to occur (based on the same criteria applicable under this paragraph prior to the enactment of the FEC Reform and Reauthorization Act of 1999),''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to complaints filed on or after January 1, 2001. SEC. 305. SIGNATURE AUTHORITY OF MEMBERS OF COMMISSION FOR SUBPOENAS AND REASON-TO-BELIEVE NOTIFICATION. (a) Issuance of Subpoenas.--Section 307(a)(3) (2 U.S.C. 437d(a)(3)) is amended by striking ``signed by the chairman or the vice chairman'' and inserting ``signed by any member of the Commission''. (b) Notifications of Alleged Violation.--Section 309(a)(2) (2 U.S.C. 437g(a)(2)) is amended by striking ``through its chairman or vice chairman'' and inserting ``through any of its members''. TITLE IV--PUBLIC FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS SEC. 401. ELIGIBILITY THRESHOLD FOR PRIMARY MATCHING FUNDS. Section 9033(b)(3) of the Internal Revenue Code of 1986 (26 U.S.C. 9033(b)(3)) is amended by striking ``20 States'' and inserting ``30 States''. SEC. 402. ELIMINATION OF STATE-SPECIFIC EXPENDITURE LIMITS FOR PRIMARY CANDIDATES. Section 315(b)(1)(A) (2 U.S.C. 441a(b)(1)(A)) is amended by striking ``, except the aggregate'' and all that follows through ``$200,000''. SEC. 403. ELIMINATION OF SEPARATE LIMIT ON EXPENDITURES FOR FUNDRAISING FOR PRIMARY CANDIDATES. (a) In General.--Section 301(9)(B)(vi) (2 U.S.C. 431(9)(B)(vi)) is amended-- (1) by inserting ``with respect to a general election'' after ``such a candidate''; and (2) by striking ``section 315(b)'' and inserting ``section 315(b)(1)(B)''. (b) Establishment of Unified Expenditure Limitation.--Section 315(b)(1)(A) (2 U.S.C. 441a(b)(1)(A)) is amended by striking ``$10,000,000'' and inserting ``$12,000,000''. SEC. 404. ELIGIBILITY REQUIREMENTS FOR PUBLIC FINANCING. (a) Eligibility for General Election.--Section 9003 of the Internal Revenue Code of 1986 (26 U.S.C. 9003) is amended by adding at the end the following new subsection: ``(f) Ineligibility of Certain Candidates.--A candidate shall not be eligible to receive payments under section 9006 if-- ``(1) the candidate has been convicted of willfully violating any provision of this chapter or chapter 96; ``(2) the candidate has failed to make any repayment required under section 9007 or section 9038; or ``(3) the candidate would not be eligible to serve as President if elected.''. (b) Eligibility for Primary Elections.--Section 9033 of such Code (26 U.S.C. 9033) is amended by adding at the end the following new subsection: ``(d) Ineligibility of Certain Candidates.--A candidate shall not be eligible to receive payments under section 9037 if-- ``(1) the candidate has been convicted of willfully violating any provision of this chapter or chapter 95; ``(2) the candidate has failed to make any repayment required under section 9007 or section 9038; or ``(3) the candidate would not be eligible to serve as President if elected.''. SEC. 405. DEPOSIT OF REPAYMENTS INTO PRESIDENTIAL ELECTION CAMPAIGN FUND. Section 9007(d) of the Internal Revenue Code of 1986 (26 U.S.C. 9007(d)) is amended by striking ``in the general fund of the Treasury'' and inserting ``in the fund''. SEC. 406. BANNING CONTRIBUTIONS TO PRESIDENTIAL CANDIDATES CERTIFIED TO RECEIVE PUBLIC FINANCING. Section 315 (2 U.S.C. 441a), as amended by section 207, is further amended by adding at the end the following new subsection: ``(j) Except to the extent permitted under sections 9003(b)(2) and 9003(c)(2) of the Internal Revenue Code of 1986, no person may make any contribution to a candidate for election for President who is eligible to receive benefits with respect to such election under chapter 95 of such Code by making a certification described in section 9003(b) and section 9003(c) of such Code.''. TITLE V--OTHER MISCELLANEOUS PROVISIONS SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR FEDERAL ELECTION COMMISSION. The second sentence of section 314 (2 U.S.C. 439c) is amended-- (1) by striking ``and'' after ``1978''; and (2) by striking the period at the end and inserting the following: ``, and $38,516,000 for the fiscal year ending September 30, 2000.''. SEC. 502. REQUIRING FEC TO UPDATE NATIONAL VOTING SYSTEMS STANDARDS. The Federal Election Commission shall (directly or by contract) update the current national voting systems standards and conduct ongoing analyses of the technological advances to the equipment, and shall publish the updated standards for such equipment. SEC. 503. ABOLITION OF EX OFFICIO MEMBERSHIP OF CLERK OF HOUSE OF REPRESENTATIVES AND SECRETARY OF SENATE ON COMMISSION. Section 306(a) (2 U.S.C. 437c(a)) is amended-- (1) in paragraph (1), by striking ``the Secretary of the Senate and the Clerk'' and all that follows through ``right to vote, and''; and (2) in paragraphs (3), (4), and (5), by striking ``(other than the Secretary of the Senate and the Clerk of the House of Representatives)'' each place it appears. TITLE VI--EFFECTIVE DATE SEC. 601. EFFECTIVE DATE. Except as otherwise provided, the amendments made by this Act shall apply with respect to elections occurring after January 2001. <all>

usgpo

2024-06-24T03:05:40.063994

BILLS-106hr1824ih

Skilled Workforce Enhancement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1824 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1824 To amend the Internal Revenue Code of 1986 to allow small business employers a credit against income tax for certain expenses for long- term training of employees in highly skilled small business trades. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 14, 1999 Mr. Talent (for himself, Mr. Wolf, Mr. Mascara, Mrs. Johnson of Connecticut, Mr. LaTourette, Mr. English, Mr. Peterson of Pennsylvania, Mr. Moore, Mr. Paul, Mr. Ehlers, Mr. Klink, Mr. Murtha, Mr. Wynn, Mr. Hall of Ohio, Mrs. Emerson, Mr. Manzullo, and Mr. Kolbe) 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 small business employers a credit against income tax for certain expenses for long- term training of employees in highly skilled small business trades. 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 ``Skilled Workforce Enhancement Act of 1999''. SEC. 2. CREDIT FOR EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY SKILLED SMALL BUSINESS TRADES. (a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business-related credits) is amended by adding at the end the following new section: ``SEC. 45D. EXPENSES FOR LONG-TERM TRAINING OF EMPLOYEES IN HIGHLY SKILLED SMALL BUSINESS TRADES. ``(a) General Rule.--For purposes of section 38, in the case of a small business employer, the highly skilled trades training credit determined under this section for the taxable year is $15,000 for each employee having a qualified training year ending with or within such taxable year (whether or not such employee is an employee of the taxpayer as of the close of such taxable year). ``(b) Definitions.--For purposes of this section-- ``(1) Small business employer.-- ``(A) In general.--The term `small business employer' means, with respect to any taxable year, any employer who employed an average of 250 or fewer employees on business days during such taxable year. ``(B) Controlled groups.--For purposes of subparagraph (A), all persons treated as a single employer under subsection (b), (c), (m), or (o) of section 414 shall be treated as a single employer. ``(2) Qualified training year.-- ``(A) In general.--The term `qualified training year' means each year during the training period in which the employee received at least 2,000 hours of training (including on-the-job training) from the taxpayer (or any predecessor) as an apprentice in any highly skilled trade. ``(B) Highly skilled trades.--For purposes of subparagraph (A), the term `highly skilled trades' means-- ``(i) precision machinists, ``(ii) die makers, ``(iii) mold makers, ``(iv) tool and die designers, ``(v) heating, ventilating, air conditioning, refrigeration, and roofing contractors, ``(vi) the trade of masonry, and ``(vii) other highly skilled trades specified in regulations prescribed by the Secretary. Such term shall not include any trade if the customary apprenticeship period for such trade is less than 2 years. ``(3) Training period.--The term `training period' means, with respect to an employee, the period-- ``(A) beginning on the date that the employee begins employment with the taxpayer as an apprentice in the highly skilled trade, and ``(B) ending on the earlier of-- ``(i) the date that such apprenticeship with the employer ends, or ``(ii) the date which is 4 years after the date referred to in subparagraph (A). ``(c) Coordination With Other Credits.--The amount of credit otherwise allowable under sections 51(a) and 1396(a) with respect to any employee shall be reduced by the credit allowed by this section with respect to such employee.''. (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 the following new paragraph: ``(13) in the case of a small business employer (as defined in section 45D(b)), the highly skilled trades training credit determined under section 45D(a).''. (c) Denial of Double Benefit.--Section 280C of such Code is amended by adding at the end the following new subsection: ``(d) Credit for Training Expenses for Employees in Highly Skilled Small Business Trades.--No deduction shall be allowed for that portion of the expenses otherwise allowable as a deduction for the taxable year which is equal to the amount of the credit determined for the taxable year under section 45D(a).''. (d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by adding at the end the following new item: ``Sec. 45D. Expenses for long-term training of employees in highly skilled small business trades.''. (e) Effective Date.--The amendments made by this section shall apply to expenses paid or incurred in the taxable years ending after the date of the enactment of this Act. <all>

usgpo

2024-06-24T03:05:40.269563

BILLS-106hr1823ih

To authorize the sponsor of the Burbank-Glendale-Pasadena Airport in California to impose noise restrictions on operations at the airport without the approval of the Federal Aviation Administration.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1823 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1823 To authorize the sponsor of the Burbank-Glendale-Pasadena Airport in California to impose noise restrictions on operations at the airport without the approval of the Federal Aviation Administration. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 14, 1999 Mr. Rogan introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To authorize the sponsor of the Burbank-Glendale-Pasadena Airport in California to impose noise restrictions on operations at the airport without the approval of the Federal Aviation Administration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding chapter 475 of title 49, United States Code, and any other provision of law, the sponsor of the Burbank-Glendale-Pasadena Airport in California may impose noise restrictions on operations (including curfews and limits on the number of daily take-offs and landings) at the airport without the approval of the Federal Aviation Administration. <all>

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2024-06-24T03:05:40.315408

BILLS-106hr1825ih

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel LUCKY DOG.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1825 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1825 To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel LUCKY DOG. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 14, 1999 Mr. Young of Florida 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 LUCKY DOG. 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 LUCKY DOG (State of Florida registration number FLZP7569E373). <all>

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2024-06-24T03:05:40.344237

BILLS-106hr1826ih

To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel THE ENTERPRIZE.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1826 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1826 To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel THE ENTERPRIZE. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 14, 1999 Mr. Young of Florida 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 THE ENTERPRIZE. 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 THE ENTERPRIZE (United States official number 1077571). <all>

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2024-06-24T03:05:40.366258

BILLS-106hr1829ih

To amend title 10, United States Code, to improve the administration of the volunteer civilian auxiliary of the Air Force known as the Civil Air Patrol.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1829 Introduced in House (IH)] 106th CONGRESS 1st Session H.R. 1829 To amend title 10, United States Code, to improve the administration of the volunteer civilian auxiliary of the Air Force known as the Civil Air Patrol. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 17, 1999 Mr. Graham introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committee on 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 amend title 10, United States Code, to improve the administration of the volunteer civilian auxiliary of the Air Force known as the Civil Air Patrol. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AIR FORCE ROLE IN MANAGEMENT OF CIVIL AIR PATROL AS CIVILIAN AUXILIARY OF THE AIR FORCE. (a) In General.--Chapter 909 of title 10, United States Code, is amended-- (1) by redesignating section 9442 as section 9443; and (2) by inserting after section 9441 the following new section: ``Sec. 9442. Air Force role in management ``(a) Administrative Responsibility.--In its capacity as a federally chartered corporation under chapter 403 of title 36 and a volunteer civilian auxiliary of the Air Force, the Civil Air Patrol shall be administered by the Chief of Staff of the Air Force, under the direction of the Secretary of the Air Force. For command, control, and administrative purposes, the Civil Air Patrol shall have such organizational elements as are approved by the Secretary of the Air Force in regulations. ``(b) Board of Directors.--(1) The Secretary of the Air Force shall appoint a National Board of Directors for the Civil Air Patrol. The National Board of Directors shall be composed of the following: ``(A) General officers of the Air Force, including the Air Force Reserve and Air National Guard. ``(B) Senior civilian employees of the Department of the Air Force. ``(C) Members appointed from the volunteer Civil Air Patrol membership. ``(2) The chairman of the National Board of Directors shall be the member of the Board who is the senior active duty Air Force officer. The members of the Board appointed under paragraph (1)(C) may not exceed a minority of the Board. ``(c) Executive Direction.--(1) The National Board of Directors shall appoint for the Civil Air Patrol the following: ``(A) A National Commander, to be appointed from the civilian volunteer membership of the Civil Air Patrol. ``(B) An Executive Director. ``(C) A Safety Officer. ``(D) An Inspector General. ``(2) The Executive Director, Safety Officer, and Inspector General appointed under paragraph (1) shall report directly to the Secretary of the Air Force through the National Board of Directors. ``(3) The Chief of Staff of the Air Force may assign officers and enlisted members of the Air Force on active duty and civilian employees of the Department of the Air Force to serve on the staff of the national headquarters of the Civil Air Patrol. ``(d) Effect of Appointment or Assignment.--(1) The appointment or assignment of members of the armed forces or civilian employees under subsection (b) or (c) is not precluded by any law or regulation prohibiting active duty members of the armed forces or civilian employees from participating in the management of non-Federal entities. ``(2) An officer or enlisted member of the Air Force appointed to or assigned to duty in a Civil Air Patrol management position specified in subsection (b) or (c) shall not receive any compensation, other than the regular military compensation to which the officer or member is otherwise entitled, as a result of the appointment or assignment. ``(e) Use of Civil Air Patrol Members and Employees.--(1) The Executive Director and National Board of Directors may use such Civil Air Patrol employees and volunteer Civil Air Patrol members as the Executive Director and National Board of Directors considers necessary to administer the Civil Air Patrol and to ensure that it is capable of assisting the Department of the Air Force in the performance of its noncombat mission. ``(2) Except as provided in section 9441(c) of this title, a member of the Civil Air Patrol or an employee of the Civil Air Patrol is not a Federal employee and is not subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, Federal employee benefits, ethics, conflicts of interest, and other similar criminal or civil statutes and regulations governing the conduct of Federal employees. However, nothing in this paragraph shall constrain the Secretary of the Air Force from prescribing standards of conduct and behavior for Civil Air Patrol members and employees. ``(f) Funds Management.--All funds provided to the Civil Air Patrol under subsections (b) and (d) of section 9441 of this title, or any other provision of law, are subject to the requirements of sections 6304 and 6305 of title 31 (commonly known as the Federal Grant and Cooperative Agreement Act) and the Federal regulations governing the provision of appropriated funds to private, nonprofit organizations. ``(g) Relation to Federal Charter.--The powers granted to the Civil Air Patrol in section 40304 of title 36, including the power to adopt a constitution, bylaws, and regulations, are subject to the approval of the Secretary of the Air Force under the authority granted to the Secretary by this section and are subject to any policies, regulations, or instructions issued by the Secretary under that authority.''. (b) Clerical Amendment.--The table of sections at the beginning of such chapter is amended by striking the item relating to section 9442 and inserting the following new items: ``9442. Air Force role in management. ``9443. Assistance by other agencies.''. <all>

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2024-06-24T03:05:40.413697

BILLS-106hr1828ih

Comprehensive Electricity Competition Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1828 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1828 To provide for a more competitive electric power industry, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 17, 1999 Mr. Bliley (for himself and Mr. Dingell) (both by request) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Resources, Agriculture, Transportation and Infrastructure, 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 a more competitive electric power industry, 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 ``Comprehensive Electricity Competition Act''. SEC. 2. TABLE OF CONTENTS. Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--RETAIL ELECTRIC SERVICE Sec. 101. Retail competition. Sec. 102. Authority to impose reciprocity requirements. Sec. 103. Aggregation for purchase of retail electric energy. TITLE II--CONSUMER PROTECTION Sec. 201. Consumer information. Sec. 202. Access to electric service for low-income consumers. Sec. 203. Unfair trade practices. Sec. 204. Residential electricity consumer database. Sec. 205. Model retail supplier code. Sec. 206. Model electric utility worker code. TITLE III--FACILITATING STATE AND REGIONAL REGULATION Sec. 301. Clarification of State and Federal authority over retail transmission services. Sec. 302. Interstate compacts on regional transmission planning. Sec. 303. Backup authority to impose a charge on an ultimate consumer's receipt of electric energy. Sec. 304. Authority to establish and require independent regional system operation. TITLE IV--PUBLIC BENEFITS Sec. 401. Public benefits fund. Sec. 402. Federal renewable portfolio standard. Sec. 403. Net metering. Sec. 404. Reform of section 210 of PURPA. Sec. 405. Interconnections for certain facilities. Sec. 406. Rural and remote communities electrification grants. Sec. 407. Indian tribe assistance. Sec. 408. Office of Indian Energy Policy and Programs. Sec. 409. Southeast Alaska electrical power. TITLE V--REGULATION OF MERGERS AND CORPORATE STRUCTURE Sec. 501. Reform of holding company regulation under PUHCA. Sec. 502. Electric company mergers. Sec. 503. Remedial measures for market power. TITLE VI--ELECTRIC RELIABILITY Sec. 601. Electric reliability organization and oversight. Sec. 602. Electricity outage investigation. Sec. 603. Additional transmission capacity. TITLE VII--ENVIRONMENTAL PROTECTION Sec. 701. Nitrogen oxides cap and trade program. TITLE VIII--FEDERAL POWER SYSTEMS Subtitle A--Tennessee Valley Authority Sec. 801. Definition. Sec. 802. Application of Federal Power Act. Sec. 803. Antitrust coverage. Sec. 804. TVA power sales. Sec. 805. Renegotiation of long-term power contracts. Sec. 806. Stranded cost recovery. Sec. 807. Conforming amendments. Subtitle B--Bonneville Power Administration Sec. 811. Definitions. Sec. 812. Application of Federal Power Act. Sec. 813. Surcharge on transmission rates to recover otherwise non- recoverable costs. Sec. 814. Complaints. Sec. 815. Review of commission orders. Sec. 816. Conforming amendments. Subtitle C--Western Area Power Administration and Southwestern Power Administration Sec. 821. Definitions. Sec. 822. Application of Federal Power Act. Sec. 823. Surcharge on transmission rates to recover otherwise non- recoverable costs. Sec. 824. Conforming amendments. TITLE IX--OTHER PROVISIONS Sec. 901. Treatment of nuclear decommissioning costs in bankruptcy. Sec. 902. Energy Information Administration study of impacts of competition in electricity markets. Sec. 903. Antitrust savings clause. Sec. 904. Elimination of antitrust review by the Nuclear Regulatory Commission. Sec. 905. Environmental laws savings clause. Sec. 906. Generating plant efficiency study. Sec. 907. Conforming amendments. TITLE I--RETAIL ELECTRIC SERVICE SEC. 101. RETAIL COMPETITION. (a) Retail Competition.--The Public Utility Regulatory Policies Act of 1978 (referred to in this Act as PURPA) is amended by adding after section 608 the following new section: ``SEC. 609. RETAIL COMPETITION. ``(a) Definitions.--For purposes of this section, `retail stranded costs' means the amount of net costs incurred or obligations undertaken before the date of enactment of the Comprehensive Electricity Competition Act by a distribution utility that-- ``(1) were incurred or undertaken by that distribution utility in order to comply with a legal obligation on that utility to provide electricity to electric consumers in its service territory, and ``(2) cannot be recovered because of implementation of retail competition under subsection (b). ``(b) Retail Competition Requirement.--Except as provided in subsection (c), not later than January 1, 2003, any distribution utility that has the capability to deliver electric energy to an electric consumer over its facilities shall offer open access to those facilities for the sale of electric energy to the consumer and shall do so at rates, terms, and conditions that are not unduly discriminatory or preferential, as determined by the appropriate regulatory authority. ``(c) Opt Out.--(1) A State regulatory authority (with respect to a distribution utility for which it has ratemaking authority) may direct a distribution utility not to implement the retail competition requirement described in subsection (b) if the State regulatory authority finds, after notice and opportunity for hearing, that implementation of the retail competition requirement by the distribution utility will have a negative impact on a class of customers of that utility that cannot be mitigated. ``(2) A nonregulated distribution utility may determine not to implement the retail competition requirement described in subsection (b) if it finds, after notice and opportunity for hearing, that implementation of the retail competition requirement by the distribution utility will have a negative impact on a class of customers of that utility that cannot be mitigated. ``(3) The State regulatory authority (with respect to a distribution utility for which it has ratemaking authority) or nonregulated distribution utility shall publish the determination and its basis and shall file a notice with the Commission of its determination by January 1, 2002. ``(d) Notice of Retail Competition.--A State regulatory authority (with respect to a distribution utility for which it has ratemaking authority) or nonregulated distribution utility shall file with the Commission a notice that the distribution utility has implemented or will implement retail competition consistent with subsection (b). The notice shall describe the implementation of retail competition. The notice is effective for purposes of section 118, 119, 119A, and 119B of this Act and sections 212(h), 216, and 217 of the Federal Power Act on the date the notice is filed or the date of implementation of retail competition consistent with subsection (b), whichever is later. ``(e) Consideration of Recovery of Retail Stranded Costs.--(1) If a State regulatory authority or nonregulated distribution utility conducts a public proceeding before a distribution utility implements retail competition as required under subsection (b), as part of this proceeding, the State regulatory authority or nonregulated distribution utility shall consider the appropriate mechanism to address recovery by a distribution utility for which it has ratemaking authority of retail stranded costs that are legitimate, prudent, and verifiable, if the utility has taken all reasonable steps to mitigate the costs, including assistance for workers who are employed or were most recently employed by an electric utility and who may become or have become unemployed as a result of the implementation of retail competition. A charge imposed for purposes of recovering retail stranded costs or providing assistance for unemployed workers should be imposed in a manner so as to minimize to the fullest extent possible any effect on an electric consumer's choice among competing suppliers or products. ``(2) If a State regulatory authority or nonregulated utility imposes or allows a charge to recover retail stranded costs under paragraph (1), it shall consider reducing the charge on an electric consumer who uses electric energy produced on-site when the charge results from the use of new on-site generation produced by-- ``(A) a fuel cell, ``(B) a facility with an efficiency rate of at least 50 percent, ``(C) a facility that uses a single fuel source to produce at the point of use either electric or mechanical power and thermal energy and that has a combined efficiency rate of at least 50 percent, or ``(D) a renewable resource. ``(f) Enforcement.--Any person may bring an action in the appropriate State court against a State regulatory authority, a distribution utility, or a nonregulated distribution utility for failure to comply with this section. Filing an action challenging whether retail competition is being implemented consistent with subsection (b) makes a notice of retail competition ineffective for purposes of section 118, 119, 119A, and 199B of this Act and sections 212(h), 216, and 217 of the Federal Power Act until final resolution of the action. Notwithstanding any other law, a court created under Article III of the Constitution does not have jurisdiction over an action arising under this section.''. (b) Definitions.--Section 3 of PURPA is amended by adding after paragraph (21) the following new paragraphs: ``(22) The term `notice of retail competition' means a notice filed under section 609(d). ``(23) The term `distribution utility' means a person, State agency, or any other non-federal entity that owns or operates a local distribution facility used for the sale of electric energy to an electric consumer. ``(24) The term `nonregulated distribution utility' means a distribution utility not subject to the ratemaking authority of a State regulatory authority.'' SEC. 102. AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS. PURPA is amended by adding the following new section after section 117: ``SEC. 118. AUTHORITY TO IMPOSE RECIPROCITY REQUIREMENTS. ``(a) State Regulatory Authority.--If a State regulatory authority files a notice of retail competition with respect to a distribution utility, beginning on the effective date of the notice, the State regulatory authority may prohibit any other distribution utility located in the United States over which it does not have ratemaking authority (and any affiliate of such a utility, as defined under the Public Utility Holding Company Act of 1999) from selling electric energy to electric consumers of a distribution facility covered by the notice of retail competition, unless a notice of retail competition has been filed with respect to the other distribution utility. ``(b) Nonregulated Distribution Utility.--If a nonregulated distribution utility files a notice of retail competition, beginning on the effective date of the notice, it may prohibit any other distribution utility located in the United States (and any affiliate of such a utility, as defined under the Public Utility Holding Company Act of 1999) from selling electric energy to electric consumers of the nonregulated distribution utility covered by the notice unless a notice of retail competition has been filed with respect to the other distribution utility.''. SEC. 103. AGGREGATION FOR PURCHASE OF RETAIL ELECTRIC ENERGY. PURPA is amended by adding the following new section after section 118 as added by section 102 of this Act: ``SEC. 119. AGGREGATION FOR PURCHASE OF RETAIL ELECTRIC ENERGY. ``Notwithstanding any other provision of Federal or State law, and subject to legitimate and nondiscriminatory State requirements imposed on retail electric suppliers, a group of customers or any entity acting on behalf of such group may acquire retail electric energy on an aggregate basis if the group of customers is served by one or more distribution utilities for which a State regulatory authority or nonregulated distribution utility has filed a notice of retail competition under section 609 of this Act for each distribution utility.''. TITLE II--CONSUMER PROTECTION SEC. 201. CONSUMER INFORMATION. PURPA is amended by adding the following new section after section 119 as added by section 103 of this Act: ``SEC. 119A. CONSUMER INFORMATION DISCLOSURE. ``(a) Disclosure Rules.--Not later than six months after the date of enactment of this Act, the Secretary, in consultation with the Commission, the Administrator of the Environmental Protection Agency, and the Federal Trade Commission, shall issue rules prescribing the form, content, placement, and timing of the supplier disclosure required under subsections (b) and (c) of this section. The rules shall be prescribed in accordance with section 553 of title 5, United States Code. ``(b) Disclosure to Electric Consumers.--An electric utility that offers to sell electric energy to an electric consumer shall provide the electric consumer, to the extent practicable and in accordance with rules issued under subsection (a), a statement containing the following information: ``(1) The nature of the service being offered, including information about interruptibility or curtailment of service; ``(2) The price of the electric energy, including a description of any variable charges; ``(3) A description of all other charges associated with the service being offered including, but not limited to, access charges, exit charges, back-up service charges, stranded cost recovery charges, and customer service charges; ``(4) Information concerning the type of energy resource used to generate the electric energy and the environmental attributes of the generation (including air emissions characteristics); and ``(5) Any other information the Secretary determines can be provided feasibly and would be useful to consumers in making purchasing decisions. ``(c) Disclosure to Wholesale Customers.--In every sale of electric energy for resale, the seller shall provide to the purchaser the information respecting the type of energy resource used to generate the electric energy and the environmental attributes of the generation required by rules established under subsection (a). ``(d) Federal Trade Commission Enforcement.--A violation of a rule prescribed under this section shall constitute an unfair or deceptive act or practice in violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) and shall be treated as a violation of a rule under section 18 of the Federal Trade Commission Act (15 U.S.C. 57a). All functions and powers of the Federal Trade Commission under the Federal Trade Commission Act are available to enforce compliance with this section notwithstanding jurisdictional limitations in the Federal Trade Commission Act. ``(e) Authority To Obtain Information.--Authority to obtain information under section 11 of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796) is available to the Secretary to administer this section and to the Federal Trade Commission to enforce this section. In order to carry out its duties under this section, the Federal Trade Commission may use any of its powers under sections 3, 6, 9, and 20 of the Federal Trade Commission Act (15 U.S.C. 43, 46, 49, and 57b-2) without regard to the limitations contained in section 20(b) of that Act (15 U.S.C. 57b-2(b)) or any jurisdictional limitations contained in that Act. ``(f) Enforcement by States.--(1) When a State determines that the interests of its residents have been or are being threatened or adversely affected because any person is violating or has violated a rule of the Secretary under this section, the State may bring a civil action on behalf of its residents in an appropriate district court of the United States to-- ``(A) enjoin the violation; ``(B) enforce compliance with the rule of the Secretary; ``(C) obtain damages, restitution, or other compensation on behalf of its residents; or ``(D) obtain other relief the court considers appropriate. ``(2) The State shall serve prior written notice of any civil action under this subsection upon the Federal Trade Commission and provide the Federal Trade Commission with a copy of its complaint, except that if it is not feasible for the State to provide this prior notice, the State shall serve the notice immediately upon instituting the action. Upon receiving a notice respecting a civil action, the Federal Trade Commission may-- ``(A) intervene in the action, and ``(B) upon so intervening, be heard on all matters arising in the action and file petition for appeal. ``(3) For purposes of bringing any civil action under this subsection, this section does not prevent a State official from exercising the powers conferred by State law to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. ``(4) While a civil action instituted by or on behalf of the Federal Trade Commission for violation of any rule prescribed under this subsection is pending, a State may not institute a civil action under this section against a defendant named in the complaint in the pending action for a violation alleged in the complaint. ``(5) A civil action brought under this subsection may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found. ``(6) This section does not prohibit a State from proceeding in State court on the basis of an alleged violation of a State or criminal statute.''. SEC. 202. ACCESS TO ELECTRIC SERVICE FOR LOW-INCOME CONSUMERS. PURPA is amended by adding the following new section after section 119A as added by section 201 of this Act. ``SEC. 119B. ACCESS TO ELECTRIC SERVICE FOR LOW-INCOME CONSUMERS. ``(a) Definitions.--For purposes of this section `low-income residential consumer' is a household, as defined in section 2603(4) of the Low-Income Energy Assistance Act of 1981 (42 U.S.C. 8622(4)), with an annual income that-- ``(1) does not exceed 60 percent of the State median income, as defined in section 2603(9) of the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8622(9)), of the State where the household is located, or ``(2) meets the eligibility criteria for a low-income energy program operated by the State where the household is located. ``(b) Applicability.--Each State regulatory authority and nonregulated distribution utility that files a notice of retail competition under section 609 of this Act shall conduct a proceeding to determine whether to apply the principles of subsection (c). ``(c) Principles.--The following are principles for providing electric service to low-income residential consumers: ``(1) A State regulatory authority or nonregulated distribution utility shall assure that its low-income residential consumers obtain benefits from retail competition comparable to its other residential consumers. ``(2) As a condition of offering retail service to residential consumers in a State, a retail electric supplier shall agree to-- ``(A) offer, promote, and provide, upon request, retail electric service to a low-income residential consumer on rates, terms, and conditions comparable to those offered to other residential consumers located in the same area where the low-income residential consumer is located, and ``(B) share equitably with other retail electric suppliers in the State any costs necessary to provide service to low-income residential consumers under subparagraph (A).''. SEC. 203. UNFAIR TRADE PRACTICES. The Federal Trade Commission Act (15 U.S.C. 41 et seq.) is amended by inserting the following new section after section 5: ``SEC. 5A. ELECTRICITY SUPPLY UNFAIR TRADE PRACTICES. ``(a) Definition.--For purposes of this section, `retail electric supplier' has the meaning given that term in section 3(25) of the Public Utility Regulatory Policies Act of 1978. ``(b) Slamming.--(1) The Federal Trade Commission shall establish rules in accordance with section 553 of title 5, United States Code for the submittal and verification of a retail electric customer's selection or change in selection of a retail electric supplier and for the assessment of penalties for violation of these rules. These rules shall ensure that the customer receives electric service from the retail electric supplier of the customer's choice. ``(2) A person shall not submit or change the selection made by a retail electric customer except in accordance with procedures established in paragraph (1). ``(c) Cramming.--(1) The Federal Trade Commission shall establish rules in accordance with section 553 of title 5, United States Code for obtaining the consent of a retail electric customer for purchase of goods and services other than those expressly authorized by law or by the customer's electricity supply and metering agreement and for the assessment of penalties for violation of these rules. ``(2) A person shall not charge a retail electric customer for a particular service except in accordance with procedures established in paragraph (1). ``(d) Federal Trade Commission Enforcement.--Violation of this section or of a rule prescribed under this section constitutes an unfair and deceptive act or practice in violation of section 5 of this Act and shall be treated as a violation of a rule under section 18 of this Act. All functions and powers of the Federal Trade Commission under this Act are available to the Federal Trade Commission to enforce compliance with this section notwithstanding any jurisdictional limitations in this Act. ``(e) State Proceedings and Other Remedies.--(1) This section does not preclude a State or State commission from prescribing and enforcing additional laws, regulations, or procedures regarding the practices which are the subject of this section, so long as such laws, regulations or procedures do not conflict with the provisions of this section or with any rule prescribed by the FTC pursuant to it. ``(2) The remedies provided by this section are in addition to any other remedies available by law.''. SEC. 204. RESIDENTIAL ELECTRICITY CONSUMER DATABASE. PURPA is amended by adding the following new section after section 119B as added by section 202 of this Act: ``SEC. 119C. RESIDENTIAL ELECTRICITY CONSUMER DATABASE. ``(a) Database.--The Secretary is authorized to compile a database to provide residential electric consumers with information to compare the offers of various retail electric suppliers. ``(b) Information.--A retail electric supplier who provides electric consumers with information under section 119A shall provide the Secretary the same information and any other information the Secretary considers appropriate for purposes of this section. ``(c) Content.--The database under this program shall-- ``(1) compare the rates, terms, and conditions of the service offered by the various retail electric suppliers based on the information provided under subsection (b); ``(2) disseminate the comparison to consumers through various communications channels, including the Internet; and ``(3) provide other information the Secretary considers appropriate to carry out the purposes of this section.''. SEC. 205. MODEL RETAIL SUPPLIER CODE. PURPA is amended by adding the following new section after section 119C as added by section 204 of this Act: ``SEC. 119D. MODEL CODE FOR RETAIL SUPPLIERS. ``The Secretary shall develop by rule and circulate among the States for their consideration a model code for the regulation of retail electric suppliers for the protection of electric consumers.''. SEC. 206. MODEL ELECTRIC UTILITY WORKER CODE. PURPA is amended by adding the following new section after section 119D as added by section 205 of this Act: ``SEC. 119E. MODEL CODE FOR ELECTRIC UTILITY WORKERS. ``(a) The Secretary shall develop by rule and circulate among the States for their consideration a model code containing standards for electric facility workers to ensure electric facility safety and reliability. The Secretary, in developing these standards, shall consult with all interested parties, including representatives of electric facility workers. ``(b) In issuing a model code under this section, the Secretary shall not, for purposes of section 653 of title 29, be deemed to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health.''. TITLE III--FACILITATING STATE AND REGIONAL REGULATION SEC. 301. CLARIFICATION OF STATE AND FEDERAL AUTHORITY OVER RETAIL TRANSMISSION SERVICES. (a) Nonpreemption of State and Nonregulated Utility Authority To Order Retail Wheeling and To Impose Local Delivery Charges.--Section 201(b) of the Federal Power Act (referred to in this Act as ``the FPA'') is amended by adding the following new paragraph after paragraph (2): ``(3) This Act does not preempt or otherwise affect any authority under the law of a State or municipality to-- ``(A) require unbundled transmission and local distribution services for the delivery of electric energy directly to an ultimate consumer, but if unbundled transmission is in interstate commerce, the rates, terms, and conditions of the transmission are subject to the exclusive jurisdiction of the Commission under this Part, or ``(B) impose a delivery charge on an ultimate consumer's receipt of electric energy.''. (b) Open Access Transmission Authority; Retail Wheeling in Retail Competition States.-- (1) Applicability of open access transmission rules.-- Section 206 of the FPA is amended by adding the following new subsection after subsection (d): ``(e) Open Access Transmission Services.--(1) Under section 205 and this section, the Commission may require, by rule or order, public utilities to provide open access transmission services, subject to section 212(h), and may authorize recovery of stranded costs, as defined by the Commission, arising from any requirement to provide open access transmission services. This section applies to any rule or order issued by the Commission before the date of enactment of the Comprehensive Electricity Competition Act.''. (2) Authority to order retail wheeling.--Section 212(h) of the FPA is amended-- (A) by inserting ``(1)'' before ``No''; (B) by striking ``(1)'', ``(2)'', ``(A)'', and ``(B)'' and inserting in their places ``(A)'', ``(B)'', ``(i)'', and ``(ii)'' respectively; (C) by striking from redesignated paragraph (1)(B)(ii) ``the date of enactment of this subsection'' and inserting ``October 24, 1992,'' in its place; and (D) by adding at the end a new paragraph as follows: ``(2) Notwithstanding paragraph (1), the Commission may issue an order that requires the transmission of electric energy directly or indirectly to an ultimate consumer if a notice of retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978 has been filed and is in effect with respect to the ultimate consumer's distribution utility or if a distribution utility offers open access to its delivery facilities to the ultimate consumer.''. (3) Conforming amendments.-- (A) Section 3(23) of the FPA is amended to read as follows: ``(23) `transmitting utility' means any entity that owns, controls, or operates electric power transmission facilities that are used for the sale of electric energy in the 48 contiguous States and the District of Columbia, notwithstanding section 201(f) of this Act;''. (B) Section 3(24) of the FPA is amended to read as follows: ``(24) `transmission services' means the transmission of electric energy sold or to be sold;''. (C) Section 211(a) of the FPA is amended by striking ``for resale''. (D) Section 212(a) of the FPA is amended by striking ``wholesale'' each time it appears, except the last time. (c) Applicability of Commission Jurisdiction To Transmitting Utilities.--Section 206(e) of the FPA as added by subsection (b)(1) of this section is amended by adding the following new paragraphs after paragraph (1): ``(2)(A) The Commission has jurisdiction over the rates, terms, and conditions for transmission services provided by a transmitting utility that is not a public utility or covered by section 201A, subject to section 212(h), and may authorize recovery of stranded costs, as defined by the Commission, by such transmitting utility. The Commission may require, by rule or order, a transmitting utility that is not a public utility or covered by section 201A to provide open access transmission services, subject to section 212(h). ``(B) In exercising its authority under this Act, the Commission-- ``(i) shall take into account the different structural and operating characteristics of transmitting utilities, including the multi-tier structure and the not-for-profit operations of electric cooperatives; ``(ii) with respect to any transmitting utility that has outstanding loans made or guaranteed by the Rural Utilities Service, shall take into account the policies of the Department of Agriculture in implementing the Rural Electrification Act of 1936 and shall assure, to the extent practicable, that the utility will be able to meet any loan obligations under that Act; and ``(iii) shall not approve rates, terms, or conditions the Commission determines would have the effect of jeopardizing the tax exempt status of nonprofit electric cooperatives under the Internal Revenue Code of 1986. ``(C) Notwithstanding any other law, section 205, this section, and part III apply to a transmitting utility that is not a public utility or covered by section 201A for purposes of this section. ``(3) Any electric utility that owns, directly or indirectly, generation facilities financed in whole or in part with outstanding loans made or guaranteed by the Rural Utilities Service may apply to the Commission to impose a charge for the recovery of stranded costs as defined by the Commission. If the Commission determines that the proposed charge is just, reasonable, and not unduly discriminatory or preferential, the Commission may issue an order providing for the imposition of the charge on transmission service by the applicant or by another transmitting utility or on any electric utility or transaction subject to the Commission's jurisdiction.''. (d) Notice to and Intervention of Secretary of Agriculture in FERC Proceedings.--The FPA is amended by adding after section 218, as added by section 601 of this Act, the following new section: ``notice to and intervention of secretary of agriculture in commission proceedings ``Sec. 219. Any person filing a complaint or petition for rulemaking under part II of the FPA that directly affects an electric utility with loans made or guaranteed under the Rural Electrification Act of 1936 shall provide notice of such complaint or petition to the Secretary of Agriculture. The Secretary of Agriculture may as a matter of right intervene or otherwise participate in any proceeding before the Commission that directly affects an electric utility with loans made or guaranteed under the Rural Electrification Act of 1936. The Secretary of Agriculture shall comply with rules of procedure of general applicability governing the timing of intervention or participation in such proceeding or activity and, upon intervening or participating therein, shall comply with rules of procedure of general applicability governing the conduct thereof.''. SEC. 302. INTERSTATE COMPACTS ON REGIONAL TRANSMISSION PLANNING. The FPA is amended by adding after section 214 the following new section: ``interstate compacts on regional transmission planning ``Sec. 215. (a) The consent of Congress is given for an agreement to establish a regional transmission planning agency, if the Commission determines that the agreement would-- ``(1) facilitate coordination among the States within a particular region with regard to the planning of future transmission, generation, and distribution facilities, ``(2) carry out State electric facility siting responsibilities more effectively, ``(3) meet the other requirements of this section and rules prescribed by the Commission under this section, and ``(4) otherwise be consistent with the public interest. ``(b)(1) If the Commission determines that an agreement meets the requirements of subsection (a), the agency established under the agreement has the authority necessary or appropriate to carry out the agreement. This authority includes authority with respect to matters otherwise within the jurisdiction of the Commission, if expressly provided for in the agreement and approved by the Commission. ``(2) The Commission's determination under this section may be subject to any terms or conditions the Commission determines are necessary to ensure that the agreement is in the public interest. ``(c)(1) The Commission shall prescribe-- ``(A) criteria for determining whether a regional transmission planning agreement meets subsection (a), and ``(B) standards for the administration of a regional transmission planning agency established under the agreement. ``(2) The criteria shall provide that, in order to meet subsection (a)-- ``(A) a regional transmission planning agency must operate within a region that includes all tribal governments and all or part of each State that is a party to the agreement, ``(B) a regional transmission planning agency must be composed of one or more members from each State and tribal government that is a party to the agreement, ``(C) each participating State and tribal government must vest in the regional transmission planning agency the authority necessary to carry out the agreement and this section, and ``(D) the agency must follow workable and fair procedures in making its decisions, in governing itself, and in regulating parties to the agreement with respect to matters covered by the agreement, including a requirement that all decisions of the agency be made by majority vote (or majority of weighted votes) of the members present and voting. ``(3) The criteria may include any other requirement for meeting subsection (a) that the Commission determines is necessary to ensure that the regional transmission planning agency's organization, practices, and procedures are sufficient to carry out this section and the rules issued under it. ``(d) The Commission, after notice and opportunity for comment, may terminate the approval of an agreement under this section at any time if it determines that the regional transmission planning agency fails to comply with this section or Commission prescriptions under subsection (c) or that the agreement is contrary to the public interest. ``(e) Section 313 applies to a rehearing before a regional transmission planning agency and judicial review of any action of a regional transmission planning agency. For this purpose, when section 313 refers to `Commission', substitute `regional transmission planning agency' and when section 313(b) refers to `licensee or public utility', substitute `entity'.''. SEC. 303. BACKUP AUTHORITY TO IMPOSE A CHARGE ON AN ULTIMATE CONSUMER'S RECEIPT OF ELECTRIC ENERGY. The FPA is amended by adding the following new section after section 215 as added by section 302 of this Act: ``backup authority for charge on receipt of electric energy ``Sec. 216. (a) If a State regulatory authority that has provided notice of retail competition under section 609 of the Public Utility Regulatory Policies Act of 1978 for a distribution utility determines that the utility should be authorized or required to impose a charge on an ultimate consumer's receipt of electric energy but the State regulatory authority lacks authority to authorize or require imposition of such a charge, the State regulatory authority may apply to the Commission for an order providing for the imposition of the charge. If the Commission determines that the imposition of the charge is just, reasonable, and not unduly discriminatory or preferential; is consistent with the State regulatory authority's policy regarding the imposition of the charge; and is not prohibited by State law, the Commission may issue an order providing for the imposition of the charge. ``(b) If a nonregulated utility that has outstanding loans made or guaranteed by the Rural Utilities Service and that has filed a notice of retail competition under section 609 of the Public Utilities Regulatory Policies Act of 1978 determines that it is appropriate to impose a charge on an ultimate consumer's receipt of electric energy, but lacks the authority to impose such a charge under State law, the utility may apply to the Commission for an order providing for the imposition of a charge. If the Commission determines that the proposed charge is just, reasonable, and not unduly discriminatory or preferential, the Commission may issue an order providing for the imposition of the charge.''. SEC. 304. AUTHORITY TO ESTABLISH AND REQUIRE INDEPENDENT REGIONAL SYSTEM OPERATION. Section 202 of the FPA is amended by adding the following new subsections after subsection (g): ``(h) Upon its own motion or upon application or complaint and after notice and an opportunity for a hearing, the Commission may order the establishment of entities for the purpose of independent operation, control, and planning of interconnected transmission facilities; order a transmitting utility to relinquish control over operation of its transmission facilities to an entity for the purpose of independent operation, control, and planning of interconnected transmission facilities; subject generators to the control of such entity consistent with other laws to the extent necessary to permit reliable operation of the transmission facilities; or take any combination of these actions, if the Commission finds that-- ``(1) this action is appropriate to promote competitive electricity markets and efficient, economical, and reliable operation of the interstate transmission grid; ``(2) the entity established for the purpose of independent operation, control, and planning of interconnected transmission facilities will operate, control, and plan the transmission facilities in a manner that assures that-- ``(A) ownership of transmission facilities provides no advantage in competitive electricity markets; ``(B) the transmission customers of the Tennessee Valley Authority (TVA), the Bonneville Power Administration, the Southwestern Power Administration (SWPA), and the Western Area Power Administration (WAPA) will not pay an unreasonable share of the entity's costs and will not experience unreasonable transmission rate increases resulting from the establishment of the entity; and ``(C) as applicable, the respective statutory and treaty obligations and contractual obligations existing on the date of enactment of this Act of the TVA Board of Directors, the Bonneville Administrator, the SWPA Administrator, the WAPA Administrator, the Bureau of Reclamation, and the Corps of Engineers can be met; ``(3) any transmitting utility ordered to transfer control of its transmission facilities will receive just and reasonable compensation for the use of its facilities, consistent with section 201A where applicable; and ``(4) adequate reliability of the affected transmission facilities will be maintained. Nothing in this section limits States from addressing transmission facility maintenance, planning, siting, and other utility functions in a manner consistent with this Act or Commission action under this Act. ``(i) If not ordered under subsection (h), TVA, the Bonneville Administrator, the SWPA Administrator, or the WAPA Administrator are authorized to participate in a regional transmission system operation after conducting a public process in the relevant service area to receive comments. Notwithstanding any other law, participation may include delegation of operation and control of the Authority or Administration's transmission system to that entity, or other method of participation, under terms and conditions the Authority or Administrator determines necessary or appropriate, including being bound by operational and other orders of the entity and by the results of arbitration of disputes with the entity or with other participants.''. TITLE IV--PUBLIC BENEFITS SEC. 401. PUBLIC BENEFITS FUND. PURPA is amended by adding after section 609, as added by section 101 of this Act, the following new section: ``SEC. 610. PUBLIC BENEFITS FUND. ``(a) Definitions.--For purposes of this section-- ``(1) the term `Board' means the Joint Board established under subsection (b)(1); ``(2) the term `eligible public purpose program' means a program that supports one or more of the following-- ``(A) availability of affordable electricity service to low-income customers, ``(B) implementation of energy conservation and energy efficiency measures and energy management practices, ``(C) consumer education, ``(D) the development and demonstration of an electricity generation technology that the Secretary determines is emerging from research and development, provides environmental benefits, and-- ``(i) has significant national commercial potential, or ``(ii) provides energy security or generation resource diversity benefits, or ``(E) rural assistance subsequent to a determination made under subsection (d)(4); ``(3) the term `fiscal agent' means the entity designated under subsection (b)(2)(B); ``(4) the term `Fund' means the Public Benefits Fund established under subsection (b)(2)(A); and ``(5) the term `State' means each of the 48 contiguous States and the District of Columbia. ``(b) Joint Board.--(1) A Joint Board is established whose membership is composed of two officers or employees of the United States Government appointed by the Secretary, four State commissioners appointed by the national organization of State commissions, and one member of an Indian tribal government appointed by the Secretary. The Secretary shall designate the Chair of the Board. ``(2) The Board shall-- ``(A) establish a Public Benefits Fund upon petition of States and tribal governments wishing to participate in the program under this section, ``(B) appoint a fiscal agent, from persons nominated by the States and tribal governments petitioning to establish the Fund, and ``(C) administer the Fund as set forth in this section. ``(c) Fiscal Agent.--The fiscal agent appointed by the Board shall collect and disburse the amounts in the Fund as set forth in this section. ``(d) Secretary.--The Secretary shall prescribe rules for-- ``(1) the determination of charges under subsection (e); ``(2) the collection of amounts for the Fund, including provisions for overcollection or undercollection; ``(3) distribution of amounts from the Fund; and ``(4) the criteria under which the Board determines whether a State or tribal government's program is an eligible public purpose program, including a rural assistance program. A rural assistance program shall be an eligible public purpose program to the extent that the Secretary, in consultation with the Secretary of Agriculture, determines by rule that significant adverse economic effects on rural customers have occurred or will occur as a result of electricity restructuring that meets the retail competition requirements of this Act. After such a determination is made, the Secretary, in consultation with the Secretary of Agriculture, shall specify by rule the mechanism for distribution of funds to rural assistance programs, amounts to be provided, and variances to the overall requirements to the Public Benefits Fund under this section, if any. For the purposes of funding rural assistance programs, the Secretary shall increase the charge for the Public Benefit Fund as necessary, up to a maximum of .17 mills per kilowatt hour. Funding for rural assistance programs under this section shall be provided exclusively from this increase in the charge. ``(e) Public Benefits Charge.--(1) As a condition of existing or future interconnection with facilities of any transmitting utility, each owner of an electric generating facility whose capacity exceeds one megawatt shall pay the transmitting utility a public benefits charge determined under paragraph (2), even if the generation facility and the transmitting facility are under common ownership or are otherwise affiliated. Each importer of electric energy from Canada or Mexico, as a condition of existing or future interconnection with facilities of any transmitting utility in the United States, shall pay this same charge for imported electric energy. The transmitting utility shall pay the amounts collected to the fiscal agent at the close of each month, and the fiscal agent shall deposit the amounts into the Fund as offsetting collections. ``(2)(A) The Board shall notify the Commission of the sum of the requests of all States and tribal governments under subsection (f) within 30 days after receiving the requests. ``(B) The Commission shall calculate the rate for the public benefits charge for each calendar year at an amount, not in excess of 1 mill per kilowatt-hour, equal to the sum of the requests of all States and tribal governments under subsection (f) for programs described in subsection (a)(2)(A) through (a)(2)(D), but not to exceed $3 billion per year, divided by the estimated kilowatt hours of electric energy to be generated by generators subject to the charge. Amounts collected in excess of $3 billion in a fiscal year shall be retained in the fund and the assessment in the following year shall be reduced by that amount. If there are more than de minimis receipts from the sale of Renewable Energy Credits under section 611, the Secretary shall direct the Commission to reduce the charge to reflect the amount of receipts received from the sale of Credits. The amount of the receipts from the sale of Renewable Energy Credits deposited in the Public Benefits Fund may not exceed $3 billion per year adjusted for inflation. Receipts from the sale of Renewable Energy Credits in excess of $3 billion per year adjusted for inflation shall be deposited in the General Fund of the Treasury. ``(C) If a finding is made under subsection (d)(4) in relation to rural customers, the public benefit charge shall be increased as indicated under subsection (d)(4). ``(f) State and Tribal Government Participation.--(1) Not later than 90 days before the beginning of each calendar year, each State and tribal government seeking to participate in the Fund shall submit to the Board a request for payments from the Fund for the calendar year in an amount not in excess of 50 percent of the State or tribal government's estimated expenditures for eligible public purpose programs for the year, except as provided under rules issued under subsection (d)(4) for rural assistance programs. ``(2) To the extent a State or tribal government generates all or part of its funds for eligible public purpose programs through a wires charge on an ultimate consumer's receipt of electric energy, the State or tribal government shall impose the charge on a non-discriminatory basis on all consumers within the State or tribal government jurisdiction. ``(3) Notwithstanding subsection (a)(5)-- ``(A) Alaska may participate in the Fund as a State if it certifies to the Board that all generators within Alaska with a nameplate capacity exceeding one megawatt shall pay into the Fund at the rate calculated by the Board during the year in which Alaska seeks matching funds, and ``(B) Hawaii may participate in the Fund as a State if it certifies to the Board that all generators within Hawaii with a nameplate capacity exceeding one megawatt shall pay into the Fund at the rate calculated by the Board during the year in which Hawaii seeks matching funds. ``(g) Disbursal From the Fund.--(1) The Board shall review State and tribal government submissions and determine whether programs designated by the State or tribal government are eligible public purpose programs, using the criteria prescribed under subsection (d), and whether there is reasonable assurance that spending qualifying as State or tribal government matching funds will occur. ``(2) The fiscal agent shall disburse amounts in the Fund to participating States and tribal governments to carry out eligible public programs in accordance with this subsection and rules prescribed under subsection (d). ``(3) To the extent the aggregate amount of funds requested by the States and tribal governments exceeds the maximum aggregate revenues eligible to be collected under subsection (e) and deposited as payment for Renewable Energy Credits under section 611, the fiscal agent shall reduce each participating State and tribal government's request proportionately. ``(4)(A) The fiscal agent shall disburse amounts for a calendar year from the Fund to a State or tribal government in twelve equal monthly payments beginning two months after the beginning of the calendar year. Amounts disbursed may not exceed the lesser of the State or tribal government's request for the fiscal year, after any reduction required under paragraph (3), or 50 percent of the State or tribal government's documented expenditures for eligible public purpose programs for the calendar year, except as provided under rules issued under subsection (d)(4) for rural assistance programs. ``(B) The fiscal agent shall make distributions to the State or tribal government or to an entity designated by the State or tribal government to receive payments. The State or tribal government may designate a nonregulated utility as an entity to receive payments under this section. ``(C) A State or tribal government may use amounts received only for the eligible public purpose programs the State or tribal government designated in its submission to the Board and the Board determined eligible. ``(h) Report.--One year before the date of expiration of this section, the Secretary shall report to Congress, after consultation with the Board, whether a public benefits fund should continue to exist. ``(i) Sunset.--This section expires at midnight on December 31 of the fifteenth year after the year the Comprehensive Electricity Competition Act is enacted, except with regard to charges and funding for rural assistance programs.''. SEC. 402. FEDERAL RENEWABLE PORTFOLIO STANDARD. (a) Standard.--PURPA is amended by adding after section 610, as added by section 401 of this Act, the following new section: ``SEC. 611. FEDERAL RENEWABLE PORTFOLIO STANDARD. ``(a) Minimum Renewable Generation Requirement.--(1) For each calendar year beginning with 2000, a retail electric supplier shall submit to the Secretary Renewable Energy Credits in an amount equal to the required annual percentage, specified in subsection (b), of the total electric energy sold by the retail electric supplier to electric consumers in the calendar year. The retail electric supplier shall make this submission before April 1 of the following calendar year. ``(2) For purposes of this section a `renewable energy' resource means solar energy, wind, geothermal, or biomass. ``(3) This section does not preclude a State from requiring additional renewable energy generation in that State. ``(b) Required Annual Percentage.--(1) The Secretary shall determine the required annual percentage that is to be applied to all retail electric suppliers for calendar years 2000-2004. This required annual percentage shall be equal to the percent of the total electric energy sold, during the most recent calendar year for which information is available before the calendar year of the enactment of this section, by retail suppliers to electric customers in the United States that is renewable energy. ``(2) The Secretary shall determine the required annual percentage for all retail electric suppliers for calendar years 2005-2009. This percentage shall be above the percentage in paragraph (1) and below the percentage in paragraph (3) and shall be selected to promote a smooth transition to the level in paragraph (3). ``(3) For calendar years 2010-2015, the required annual percentage is 7.5 percent. ``(c) Submission of Credits.--A retail electric supplier may satisfy the requirements of subsection (a) through the submission of-- ``(1) Renewable Energy Credits issued under subsection (d) for renewable energy generated by the retail electric supplier in the calendar year for which Credits are being submitted or any previous calendar year, ``(2) Renewable Energy Credits issued under subsection (d) to any renewable energy generator for renewable energy generated in the calendar year for which Credits are being submitted or a previous calendar year and acquired by the retail electric supplier, or ``(3) any combination of Credits under paragraphs (1) and (2). ``(d) Issuance of Credit.--(1) The Secretary shall establish, not later than one year after the date of enactment of this section, a program to issue, monitor the sale or exchange of, and track Renewable Energy Credits. ``(2) Under the program, an entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of Renewable Energy Credits. The application shall indicate-- ``(A) the type of renewable energy resource used to produce the electricity, ``(B) the State in which the electric energy was produced, and ``(C) any other information the Secretary determines appropriate. ``(3)(A) Except as provided in paragraph (B), the Secretary shall issue to an entity one Renewable Energy Credit for each kilowatt-hour of electric energy the entity generates through the use of a renewable energy resource in any State in 2000 and any succeeding year. ``(B) The Secretary shall issue two Renewable Energy Credits for each kilowatt-hour of electric energy generated through the use of a renewable energy resource in any State in 2000 and any succeeding year, if the generating facility is located on Indian land. For purposes of this paragraph, renewable energy generated by biomass cofired with other fuels is eligible for two credits only if the biomass was grown on the land eligible under this paragraph. ``(C) To be eligible for a Renewable Energy Credit, the unit of a electricity generated through the use of a renewable energy resource may be sold or may be used by the generator. If both a renewable energy resource and a non-renewable energy resource are used to generate the electric energy, the Secretary shall issue credits based on the proportion of the renewable energy resource used. The Secretary shall identify Renewable Energy Credits by type of generation and by the State in which the generating facility is located. ``(4) In order to receive a Renewable Energy Credit, the recipient of a Renewable Energy Credit shall pay a fee, calculated by the Secretary, in an amount that is equal to the administrative costs of issuing, recording, monitoring the sale of exchange of, and tracking the Credit or does not exceed five percent of the dollar value of the Credit, whichever is lower. The Secretary shall retain the fee and use it to pay these administrative costs. ``(5) When a generator sells electric energy generated through the use of a renewable energy resource to a retail electric supplier under a contract subject to section 210 of this Act, the retail electric supplier is treated as the generator of the electric energy for the purposes of this section for the duration of the contract. ``(6) The Secretary shall disqualify an otherwise eligible renewable energy generator from receiving a Renewable Energy Credit if the generator has elected to participate in net metering under section 612. ``(7) If a generator using a renewable energy resource receives matching funds under section 610, the Secretary shall reduce the number of Renewable Energy Credits the generator receives under paragraphs (3) so that the aggregate value of those Credits plus the matching funds received under section 610 equals the aggregate value of the Credits the generator would have received absent this paragraph. For purposes of this paragraph, the Secretary shall value a Credit at a price that is representative of the price of a Credit in private transactions. In no event shall the Secretary use a price to establish values for purposes of this paragraph that exceeds the cost cap established under subsection (f). ``(e) Sale or Exchange.--A Renewable Energy Credit may be sold or exchanged by the entity to whom issued or by any other entity who acquires the Credit. A Renewable Energy Credit for any year that is not used to satisfy the minimum renewable generation requirement of subsection (a) for that year may be carried forward for use in another year. ``(f) Renewable Energy Credit Cost Cap.--Beginning January 1, 2000, the Secretary shall offer Renewable Energy Credits for sale. The Secretary shall charge 1.5 cents for each Renewable Energy Credit sold during calendar year 2000, and on January 1 of each following year, the Secretary shall adjust for inflation, based on the Consumer Price Index, the price charged per Credit for that calendar year. The Secretary shall deposit in the Public Benefits Fund established under section 610 the amount received from a sale under this subsection. ``(g) Enforcement.--The Secretary may bring an action in the appropriate United States district court to impose a civil penalty on a retail electric supplier that does not comply with subsection (a). A retail electric supplier who does not submit the required number of Renewable Energy Credits under subsection (a) is subject to a civil penalty of not more than three times the value of the Renewable Energy Credits not submitted. For purposes of this subsection, the value of a Renewable Energy Credit is the price of a Credit determined under subsection (f) for the year the Credits were not submitted. ``(h) Information Collection.--The Secretary may collect the information necessary to verify and audit-- ``(1) the annual electric energy generation and renewable energy generation of any entity applying for Renewable Energy Credits under this section, ``(2) the validity of Renewable Energy Credits submitted by a retail electric supplier to the Secretary, and ``(3) the quantity of electricity sales of all retail electric suppliers. ``(i) Sunset.--This section expires December 31, 2015.''. (b) Definitions.--Section 3 of PURPA is amended by adding after paragraph (24) as added by section 101 of this Act the following new paragraph: ``(25) The term `retail electric supplier' means a person, State agency, or Federal agency that sells electric energy to an electric consumer. ``(26) The term `Indian land' means (A) any land within the limits of any Indian reservation, pueblo or rancheria, (B) any land not within the limits of any Indian reservation, pueblo or rancheria title to which was on the date of passage of the Comprehensive Electricity Competition Act either held in trust by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation, (C) any dependent Indian community, and (D) any land conveyed to any Alaska Native corporation under the Alaska Native Claims Settlement Act. ``(27) The term `Indian tribe' means any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, or Eskimos, or any Alaskan Native Village of the United States, which is considered an eligible recipient under the Indian Self Determination and Education Assistance Act (Public Law 93-638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter.''. SEC. 403. NET METERING. PURPA is amended by adding the following new section after section 611 as added by section 402 of this Act: ``SEC. 612. NET METERING FOR RENEWABLE ENERGY. ``(a) Definitions.--For purposes of this section-- ``(1) The term `eligible on-site generating facility' means a facility on the site of an electric consumer with a peak generating capacity of 20 kilowatts or less that is fueled solely by a renewable energy resource. ``(2) The term `renewable energy resource' means solar energy, wind, geothermal, or biomass. ``(3) The term `net metering service' means service to an electric consumer under which electricity generated by that consumer from an eligible on-site generating facility and delivered to the distribution system through the same meter through which purchased electricity is received may be used to offset electricity provided by the retail electric supplier to the electric consumer during the applicable billing period so that an electric consumer is billed only for the net electricity consumed during the billing period, but in no event shall the net be less than zero during the applicable billing period. ``(b) Requirement To Provide Net Metering Service.--Each retail electric supplier shall make available upon request net metering service to any retail electric consumer whom the supplier currently serves or solicits for service. ``(c) State Authority.--This section does not preclude a State from imposing additional requirements consistent with the requirements in this section, including the imposition of a cap limiting the amount of net metering available in the State. Nothing in this Act or any other Federal law preempts or otherwise affects authority under State law to require a retail electric supplier to make available net metering service to a retail electric consumer whom the supplier serves or offers to serve.''. SEC. 404. REFORM OF SECTION 210 OF PURPA. Section 210 of PURPA is amended by adding the following new subsection after subsection (l): ``(m) Repeal of Mandatory Purchase Requirement.--After the date of enactment of the Comprehensive Electricity Competition Act, an electric utility shall not be required to enter into a new contract or obligation to purchase electric energy under this section.''. SEC. 405. INTERCONNECTIONS FOR CERTAIN FACILITIES. PURPA is amended by adding the following new section after section 612 as added by section 403 of this Act: ``SEC. 613. INTERCONNECTIONS FOR CERTAIN FACILITIES. ``(a) Definition.--As used in this section `facility' means-- ``(1) a small-scale electric power generation facility that is designed to serve customers at or near the facility, or ``(2) a facility using a single fuel source to produce at the point of use either electric or mechanical power and thermal energy. ``(b) Interconnection.--A distribution utility shall allow a facility to interconnect with the distribution utility if the facility owner is located in the distribution utility's service territory and complies with the final rule issued under subsection (c). ``(c) Within one year from the date of enactment of this section, the Secretary shall issue a final rule to implement subsection (b) and issue related safety and power quality standards. To the extent feasible, the Secretary shall develop the standards through a process involving interested parties. ``(d) The Commission shall enforce the rule established under subsection (c) using its authority under this Act.''. SEC. 406. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION GRANTS. Section 313 of the Rural Electrification Act of 1936 (7 U.S.C. 940c) is amended by adding after subsection (b) the following new subsections: ``(c) Rural and Remote Communities Electrification Grants.--The Secretary, in consultation with the Secretary of Energy and the Secretary of the Interior, may provide grants to eligible borrowers under this Act for the purpose of increasing energy efficiency, lowering, or stabilizing electric rates to end users, or providing or modernizing electric facilities for: ``(1) a unit of local government of a State or territory, or ``(2) an Indian tribe that has an average cost per kilowatt hour of electricity that is at least 150 percent of the average retail price per kilowatt hour for all consumers in the United States, as determined by the Secretary using data provided by the Department of Energy. The Secretary shall issue the grants based on a determination of cost-effectiveness and most effective use of the funds to achieve the stated purposes of this section. ``(d) Definition.--For purposes of this section, the term `Indian tribe' means any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, or Eskimos, or any Alaskan Native Village of the United States, which is considered an eligible recipient under the Indian Self Determination and Education Assistance Act (Public Law 93- 638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter. ``(e) Authorization.--There is authorized to be appropriated for purposes of subsection (c) $20,000,000 for each of the seven fiscal years following enactment of this section.''. SEC. 407. INDIAN TRIBE ASSISTANCE. Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501-3506) is amended by adding after section 2606 the following new section: ``SEC. 2607. TRIBAL ELECTRICITY ASSISTANCE. ``(a) The Secretary of Energy, in consultation with the Secretary of the Interior and the Secretary of Agriculture, shall establish a program to assist an Indian tribe to meet its electricity needs. Under the program, the Secretary shall provide, subject to appropriations, to an Indian tribe-- ``(1) technical assistance and grants to analyze tribal electricity needs, the availability of natural resources for tribal generation of electricity, the opportunities for the improvement of transmission of electricity to the tribe, and the effect on the tribe of retail competition in the sale or transmission of electricity, and ``(2) in an area that is not served or served inadequately by an electric utility, as defined in section 3(4) of the Public Utility Regulatory Policies Act of 1978, or distribution utility, as defined in section 3(23) of the Public Utility Regulatory Policies Act of 1978, grants to plan and construct or improve facilities to generate, transmit, and distribute electricity to serve tribal needs. In exercising authority under this section, the Secretary shall take into account the ability of entities with loans made or guaranteed under the Rural Electrification Act of 1936 to repay those loans. The Secretary shall issue the grants based on a determination of cost- effectiveness and most effective use of funds to achieve the stated purposes of this section. ``(b) Definition.--For purposes of this section, the term `Indian tribe' means any Indian tribe, band, group, or nation, including Alaska Indians, Aleuts, or Eskimos, or any Alaskan Native Village of the United States, which is considered an eligible recipient under the Indian Self Determination and Education Assistance Act (Public Law 93- 638) or was considered an eligible recipient under chapter 67 of title 31, United States Code, prior to the repeal of such chapter. ``(c) There are authorized to be appropriated to the Department of Energy for each of the seven fiscal years following enactment of this section, $5,000,000 to carry out subsection (a)(1), and $15,000,000 to carry out subsection (a)(2).''. SEC. 408. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS. Title II of the Department of Energy Organization Act is amended by adding the following new section after section 212: ``SEC. 213. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS. ``(a) The Secretary may establish within the Department an Office of Indian Energy Policy and Programs. The Office shall be headed by a Director appointed by the Secretary. ``(b) Subject to the supervision of the Secretary, the Office is authorized to establish a program to provide, direct, foster, coordinate and implement energy, energy management, and energy conservation programs to-- ``(1) promote tribal energy efficiency; ``(2) modernize tribal electric infrastructure; ``(3) preserve tribal sovereignty and self determination related to energy matters; ``(4) lower or stabilize energy costs; and ``(5) electrify tribal members' homes. ``(c) There are authorized to be appropriated such sums as may be necessary to implement this section.''. SEC. 409. SOUTHEAST ALASKA ELECTRICAL POWER. There are authorized to be appropriated to the Department of Energy up to a total sum of $20,000,000 for the purpose of providing financial assistance to the State of Alaska as necessary to ensure the availability of adequate electrical power to the greater Ketchikan area in southeast Alaska, including the construction of an intertie. TITLE V--REGULATION OF MERGERS AND CORPORATE STRUCTURE SEC. 501. REFORM OF HOLDING COMPANY REGULATION UNDER PUHCA. Effective 18 months after the enactment of this Act, the Public Utility Holding Company Act of 1935 is repealed and the following is enacted in its place: ``SECTION 1. SHORT TITLE. ``This Act may be cited as the `Public Utility Holding Company Act of 1999'. ``SEC. 2. DEFINITIONS. ``For purposes of this Act-- ``(1) the term `affiliate' of a company means any company 5 percent or more of the outstanding voting securities of which are owned, controlled, or held with power to vote, directly or indirectly, by such company; ``(2) the term `associate company' of a company means any company in the same holding company system with such company; ``(3) the term `Commission' means the Federal Energy Regulatory Commission; ``(4) the term `company' means a corporation, partnership, association, joint stock company, business trust, or any organized group of persons, whether incorporated or not, or a receiver, trustee, or other liquidating agent of any of the foregoing; ``(5) the term `electric utility company' means any company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale; ``(6) the terms `exempt wholesale generator' and `foreign utility company' have the same meanings as in sections 32 and 33, respectively, of the Public Utility Holding Company Act of 1935, as those sections existed on the day before the effective date of this Act; ``(7) the term `gas utility company' means any company that owns or operates facilities used for distribution at retail (other than the distribution only in enclosed portable containers, or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat, light, or power; ``(8) the term `holding company' means-- ``(A) any company that directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of a public utility company or of a holding company of any public utility company; and ``(B) any person, determined by the Commission, after notice and opportunity for hearing, to exercise directly or indirectly (either alone or pursuant to an arrangement or understanding with one or more persons) such a controlling influence over the management or policies of any public utility company or holding company as to make it necessary or appropriate for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this Act upon holding companies; ``(9) the term `holding company system' means a holding company, together with its subsidiary companies; ``(10) the term `jurisdictional rates' means rates established by the Commission for the transmission of electric energy, the sale of electric energy at wholesale in interstate commerce, the transportation of natural gas, and the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use; ``(11) the term `natural gas company' means a person engaged in the transportation of natural gas in interstate commerce or the sale of such gas in interstate commerce for resale; ``(12) the term `person' means an individual or company; ``(13) the term `public utility' means any person who owns or operates facilities used for transmission of electric energy or sales of electric energy at wholesale in interstate commerce; ``(14) the term `public utility company' means an electric utility company or a gas utility company; ``(15) the term `State commission' means any commission, board, agency, or officer, by whatever name designated, of a State, municipality, or other political subdivision of a State that, under the laws of such State, has jurisdiction to regulate public utility companies; ``(16) the term `subsidiary company' of a holding company means-- ``(A) any company, 10 percent or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote, by such holding company; and ``(B) any person, the management or policies of which the Commission, after notice and opportunity for hearing, determines to be subject to a controlling influence, directly or indirectly, by such holding company (either alone or pursuant to an arrangement or understanding with one or more other persons) so as to make it necessary for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this Act upon subsidiary companies of holding companies; and ``(17) the term `voting security' means any security presently entitling the owner or holder thereof to vote in the direction or management of the affairs of a company. ``SEC. 3. FEDERAL ACCESS TO BOOKS AND RECORDS. ``(a) In General.--Each holding company and each associate company thereof shall maintain, and shall make available to the Commission, such books, accounts, records, memoranda, and other records as the Commission deems to be relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates for the transmission of electric energy, the sale of electric energy at wholesale in interstate commerce, the transportation of natural gas in interstate commerce, and the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use. ``(b) Affiliate Companies.--Each affiliate of a holding company or of any subsidiary company of a holding company shall maintain, and make available to the Commission, such books, accounts, memoranda, and other records with respect to any transaction with another affiliate, as the Commission deems relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates. ``(c) Holding Company Systems.--The Commission may examine the books, accounts, memoranda, and other records of any company in a holding company system, or any affiliate thereof, as the Commission deems relevant to costs incurred by a public utility or natural gas company within such holding company system and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates. ``(d) Confidentiality.--No member, officer, or employee of the Commission shall divulge any fact or information that may come to his or her knowledge during the course of examination of books, accounts, memoranda, or other records as provided in this section, except as may be directed by the Commission or by a court of competent jurisdiction. ``SEC. 4. STATE ACCESS TO BOOKS AND RECORDS. ``(a) In General.--Upon the written request of a State commission having jurisdiction to regulate a public utility company in a holding company system, the holding company or any associate company or affiliate thereof, other than such public utility company, wherever located, shall produce for inspection such books, accounts, memoranda, and other records that-- ``(1) have been identified in reasonable detail in a proceeding before the State commission; ``(2) the State commission deems are relevant to costs incurred by such public utility company; and ``(3) are necessary for the effective discharge of the responsibilities of the State commission with respect to such proceeding. ``(b) Limitation.--Subsection (a) does not apply to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under the Public Utility Regulatory Policies Act of 1978. ``(c) Confidentiality of Information.--The production of books, accounts, memoranda, and other records under subsection (a) shall be subject to such terms and conditions as may be necessary and appropriate to safeguard against unwarranted disclosure to the public of any trade secrets or sensitive commercial information. ``(d) Effect on State Law.--Nothing in this section shall preempt applicable State law concerning the provision of books, records, or any other information, or in any way limit the rights of any State to obtain books, records, or any other information under any other Federal law, contract, or otherwise. ``(e) Court Jurisdiction.--Any United States district court located in the State in which the State commission referred to in subsection (a) is located shall have jurisdiction to enforce compliance with this section. ``SEC. 5. EXEMPTION AUTHORITY. ``(a) Rulemaking.--Not later than 90 days after the effective date of this Act, the Commission shall promulgate a final rule to exempt from the requirements of section 3 any person that is a holding company, solely with respect to one or more-- ``(1) qualifying facilities under the Public Utility Regulatory Policies Act of 1978; ``(2) exempt wholesale generators; or ``(3) foreign utility companies. ``(b) Other Authority.--If, upon application or upon its own motion, the Commission finds that the books, records, accounts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas company, or if the Commission finds that any class of transactions is not relevant to the jurisdictional rates of a public utility or natural gas company, the Commission shall exempt such person or transaction from the requirements of section 3. ``SEC. 6. AFFILIATE TRANSACTIONS. ``Nothing in this Act shall preclude the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to determine whether a public utility company, public utility, or natural gas company may recover in rates any costs of an activity performed by an associate company, or any costs of goods or services acquired by such public utility company from an associate company. ``SEC. 7. APPLICABILITY. ``No provision of this Act shall apply to, or be deemed to include-- ``(1) the United States; ``(2) a State or any political subdivision of a State; ``(3) any foreign governmental authority not operating in the United States; ``(4) any agency, authority, or instrumentality of any entity referred to in paragraph (1), (2), or (3); or ``(5) any officer, agent, or employee of any entity referred to in paragraph (1), (2), or (3) acting as such in the course of official duty. ``SEC. 8. EFFECT ON OTHER REGULATIONS. ``Nothing in this Act precludes the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to protect utility customers. ``SEC. 9. ENFORCEMENT. ``The Commission shall have the same powers as set forth in sections 306 through 317 of the Federal Power Act (16 U.S.C. 825d-825p) to enforce the provisions of this Act. ``SEC. 10. SAVINGS PROVISIONS. ``(a) In General.--Nothing in this Act prohibits a person from engaging in or continuing to engage in activities or transactions in which it is legally engaged or authorized to engage on the effective date of this Act. ``(b) Effect on Other Commission Authority.--Nothing in this Act limits the authority of the Commission under the Federal Power Act (16 U.S.C. 791a et seq.) (including section 301 of that Act) or the Natural Gas Act (15 U.S.C. 717 et seq.) (including section 8 of that Act). ``SEC. 11. IMPLEMENTATION. ``Not later than 18 months after the date of enactment of the Comprehensive Electricity Competition Act, the Commission shall-- ``(1) promulgate such regulations as may be necessary or appropriate to implement this Act (other than section 4); and ``(2) submit to the Congress detailed recommendations on technical and conforming amendments to Federal law necessary to carry out this Act and the amendments made by this Act. ``SEC. 12. TRANSFER OF RESOURCES. ``All books and records that relate primarily to the functions transferred to the Commission under this Act shall be transferred from the Securities and Exchange Commission to the Commission. ``SEC. 13. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such funds as may be necessary to carry out this Act. ``SEC. 14. CONFORMING AMENDMENT TO THE FEDERAL POWER ACT. ``Section 318 of the Federal Power Act (16 U.S.C. 825q) is repealed.''. SEC. 502. ELECTRIC COMPANY MERGERS. Section 203(c) of the FPA is amended by-- (1) striking ``public utility'' each time it appears and inserting in its place ``person or electric utility company''; (2) inserting after the first sentence the following: ``Except as the Commission otherwise provides, a holding company in a holding company system that includes an electric utility company shall not, directly or indirectly, purchase, acquire, or take any security of an electric utility company or of a holding company in a holding company system that includes an electric utility company, with first securing an order of the Commission authorizing it to do so.''; (3) striking ``hearing'' in the last sentence and inserting ``oral or written presentation of views''; (4) adding after ``public interest'' the following: ``including consideration of the effects on competition in wholesale and retail electricity markets,''; and (5) adding at the end the following: ``For purposes of this subsection, the terms `electric utility company', `holding company', and `holding company system' have the meaning given them in the Public Utility Holding Company Act of 1999. Notwithstanding section 201(b)(1), generation facilities are subject to the jurisdiction of the Commission for purposes of this section, except as the Commission otherwise may provide, provided that an entity that has existing loans made or guaranteed under the Rural Electrification Act of 1936 (5 U.S.C. 901 et seq.) is not jurisdictional for purposes of this section.''. SEC. 503. REMEDIAL MEASURES FOR MARKET POWER. The FPA is amended by adding the following new section after section 216 as added by section 303 of this Act: ``remedial measures for market power ``Sec. 217. (a) Definitions.--As used in this section-- ``(1) `market power' means the ability of a public utility or electric utility profitably to maintain prices above competitive levels for a significant period of time, and ``(2) `notice of retail competition' has the meaning provided under section 3(22) of the Public Utility Regulatory Policies Act of 1978. ``(b) Commission Jurisdictional Sales.--(1) If the Commission determines that there are markets in which a public utility that owns or controls generation facilities has market power in sales of electric energy for resale in interstate commerce, the Commission shall order that utility to submit a plan for taking necessary actions to remedy its market power, which may include, but is not limited to, conditions respecting operation or dispatch of generation, independent operation of transmission facilities, or divestiture of ownership of one or more generation facilities. ``(2) in consultation with the Attorney General and the Federal Trade Commission, the Commission shall review the plan to determine if its implementation would adequately mitigate the adverse competitive effects of market power. The Commission may approve the plan with or without modification. The plan takes effect upon approval by the Commission. Notwithstanding any State law, regulation, or order to the contrary and notwithstanding any other provision of this Act or any other law, the Commission has jurisdiction to order divestiture or other transfer of control of generation assets pursuant to the plan. ``(c) State Jurisdictional Sales.--(1) If a State commission that has filed a notice of retail competition has reason to believe that an electric utility doing business in the State has market power, the State commission may apply for an order under this section. ``(2) If, after receipt of such an application and after notice and opportunity for a hearing, the Commission determines that the electric utility has market power in the sales of electric energy sold at retail in the State, this market power would adversely affect competition in the State, and the State commission lacks authority to effectively remedy such market power, the Commission may order the electric utility to submit a plan for taking necessary actions to remedy the electric utility's market power. These actions may include conditions respecting operation or dispatch of generation, competitive procurement of all generation capacity or energy, independent operation of transmission facilities, or divestiture of ownership of one or more generation facilities of the electric utility. ``(3) After consultation with the Attorney General and the Federal Trade Commission, the Commission may approve the plan with or without modification. The plan shall take effect upon approval by the Commission. ``(4) Notwithstanding any State law, regulation, or order to the contrary and notwithstanding any other provision of this Act or any other law, the Commission has jurisdiction to order divestiture or other transfer of control of generation assets pursuant to the plan.''. TITLE VI--ELECTRIC RELIABILITY SEC. 601. ELECTRIC RELIABILITY ORGANIZATION AND OVERSIGHT. (a) Electric Reliability Organization and Oversight.--The Federal Power Act is amended by adding the following new section after section 217: ``electric reliability organization and oversight ``Sec. 218. (a) Purpose.--The purpose of this section is to provide for the establishment and enforcement of mandatory reliability standards in order to ensure the reliable operation of the bulk-power system. ``(b) Definitions.--As used in this section: ``(1) The term `Affiliated Regional Reliability Entity' means an entity delegated authority under the provisions of subsection (i). ``(2) The term `Bulk-Power System' means all facilities and control systems necessary for operating an interconnected transmission grid (or any portion thereof), including high- voltage transmission lines, substations, control centers, communications, data, and operations planning facilities, and the output of generating units necessary to maintain transmission system reliability. ``(3) The term `Electric Reliability Organization' or `Organization' means the organization approved by the Commission under subsection (e)(4). ``(4) The term `Entity Rule' means a rule adopted by an Affiliated Regional Reliability Entity for a specific region and designed to implement or enforce one or more Organization Standards. An Entity Rule shall be subject to approval by the Organization, and once approved, shall be treated as an Organization Standard. ``(5) The term `Industry Sector' means a group of Users of the Bulk Power System with substantially similar commercial interests, as determined by the board of the Electric Reliability Organization. ``(6) The term `Interconnection' means a geographic area in which the operation of Bulk-Power System components is synchronized such that the failure of one or more of such components may adversely affect the ability of the operators of other components within the Interconnection to maintain safe and reliable operation of the facilities within their control. ``(7) The term `Organization Standard' means a policy or standard duly adopted by the Electric Reliability Organization to provide for the reliable operation of a Bulk-Power System. ``(8) The term `Public Interest Group' means any non-profit private or public organization that has an interest in the activities of the Electric Reliability Organization, including, but not limited to, ratepayer advocates, environmental groups, and State and local government organizations that regulate market participants and promulgate government policy. ``(9) The term `Variance' means an exception or variance from the requirements of an Organization Standard (including a proposal for an Organization standard where there is no Organization Standard) that is adopted by an Affiliated Regional Reliability Entity and applicable to all or a part of the region for which the Affiliated Regional Reliability Entity is responsible. A Variance shall be subject to approval by the Organization, and once approved, shall be treated as an Organization Standard. ``(10) The term `System Operator' means any entity that operates or is responsible for the operation of a Bulk-Power System, including but not limited to a control area operator, an independent system operator, a transmission company, a transmission system operator, or a regional security coordinator. ``(11) The term `User of the Bulk-Power System' means any entity that sells, purchases, or transmits electric power over a Bulk-Power System, or that owns, operates or maintains facilities or control systems that are part of a Bulk-Power System, or that is a System Operator. ``(c) Commission Authority.--Notwithstanding any other provision of the Federal Power Act, within the United States the Commission has jurisdiction over the Electric Reliability Organization, all Affiliated Regional Reliability Entities, all System Operators, and all Users of the Bulk-Power System, for purposes of approving and enforcing compliance with the requirements of this section. ``(d) Existing Reliability Standards.--Following enactment of this section, and prior to the approval of an Organization under subsection (e), any person, including the North American Electric Reliability Council and its member Regional Reliability Councils, may file with the Commission any reliability standard, guidance, or practice, or any amendment thereto, that the person would propose to be made mandatory and enforceable. The Commission, after allowing interested persons an opportunity to submit comments, may approve the proposed mandatory standard, guidance, or practice, or any amendment thereto, if it finds that the standard, guidance, or practice, or amendment is just, reasonable, not unduly discriminatory or preferential, and in the public interest. Filed standards, guidance, or practices, including any amendments thereto, shall be mandatory and applicable according to their terms following approval by the Commission and shall remain in effect until-- ``(1) withdrawn, disapproval or superseded by an Organization Standard, issued or approved by the Electric Reliability Organization and made effective by the Commission under section (f); or ``(2) disapproved or suspended by the Commission if, upon complaint or upon its own motion and after notice and an opportunity for comment, the Commission finds the standard, guidance, or practice unjust, unreasonable, unduly discriminatory or preferential, or not in the public interest. Standards, guidance, or practices in effect pursuant to the provisions of this subsection shall be enforceable by the Commission under Part III of this Act. ``(e) Organization Approval.--(1) Not later than 90 days after the date of enactment of this section, the Commission shall issue proposed rules specifying procedures and requirements for an entity to apply for approval as the Electric Reliability Organization. The Commission shall provide notice and opportunity for comment on the proposed rules. The Commission shall issue a final rule under this subsection within 180 days after the date of enactment of this section. ``(2) Following the issuance of a final Commission rule under paragraph (1), an entity may submit an application to the Commission for approval as the Electric Reliability Organization. The applicant shall specify in its application its governance and procedures, as well as its funding mechanism and initial funding requirements. ``(3) The Commission shall provide public notice of the application and afford interested parties an opportunity to comment. ``(4) The Commission shall approve the application if the Commission determines that the applicant-- ``(A) has the ability to develop, implement, and enforce standards that provide for an adequate level of reliability of the Bulk-Power System; ``(B) permits voluntary membership to any User of the Bulk- Power System or Public Interest Group; ``(C) assures fair representation of its members in the selection of its directors and fair management of its affairs, taking into account the need for efficiency and effectiveness in decisionmaking and operation and requirements for technical competency in the development of Organization Standards and the exercise of oversight of Bulk-Power System reliability; ``(D) assures that no two Industry Sectors have the ability to control, and no one Industry Sector has the ability to veto, the Electric Reliability Organization's discharge of its responsibilities (including actions by committees recommending standards to the board or other board actions to implement and enforce standards); ``(E) provides for governance by a board of no more than eleven members, one of whom shall be appointed by the Secretary of Energy; ``(F) provides a funding mechanism and requirements that are just, reasonable, and not unduly discriminatory or preferential and are in the public interest, and which satisfies the requirements of subsection (n); ``(G) establishes procedures for development of Organization Standards that provide reasonable notice and opportunity for public comment, taking into account the need for efficiency and effectiveness in decisionmaking and operations and the requirements for technical competency in the development of Organization Standards, and which standards development process has the following attributes: (i) openness, (ii) balance of interests, and (iii) due process, except that the procedures may include alternative procedures for emergencies; ``(H) establishes fair and impartial procedures for implementation and enforcement of Organization Standards, either directly or through delegation to an Affiliated Regional Reliability Entity, including the imposition of penalties, limitations on activities, functions, or operations, or other appropriate sanctions; ``(I) establishes procedures for notice and opportunity for public observation of all meetings, except that the procedures for public observation may include alternative procedures for emergencies or for the discussion of information the directors determine should take place in closed session, such as litigation, personnel actions, or commercially sensitive information; ``(J) provides for the consideration of recommendations of States and State commissions; and ``(K) addresses other matters that the Commission may deem necessary or appropriate to ensure that the procedures, governances, and funding of the Electric Reliability Organization are just, reasonable, not unduly discriminatory or preferential, and are in the public interest. ``(5) The Commission shall approve only one Electric Reliability Organization. If the Commission receives two or more timely applications that satisfy the requirements of this subsection, the Commission shall approve only the application it concludes will best implement the provisions of this section. ``(f) Establishment of and Modifications of Organization Standards.--(1) The Electric Reliability Organization shall file with the Commission any new or modified Organization Standards, including any Variances or Entity Rules, and the Commission shall follow the procedures under paragraph (2) for review of that filing. Submissions shall include: ``(A) a concise statement of the purpose of the proposal, and ``(B) a record of any proceedings conducted with respect to the proposal. ``(2) The Commission shall provide notice of the filing of the proposal and afford interested persons a reasonable time, but not more than 30 days, to submit comments. The Commission, after taking into consideration any submitted comments, shall approve or disapprove the proposal not later than 60 days after the deadline for the submission of comments except that-- ``(A) the Commission may extend the 60-day period for an additional 90 days for good cause, and ``(B) if the Commission does not act to approve or disapprove a proposal within the periods set forth in this paragraph, the proposal shall go into effect, without prejudice to the authority of the Commission thereafter to suspend or modify the proposal in accordance with the standards and requirements of this section. Proposals approved by the Commission take effect according to their terms but not earlier than 30 days after the effective date of the Commission's order, except as provided in paragraph (3). ``(3)(A) In the exercise of its review responsibilities under this subsection, the Commission shall give due weight to the technical expertise of the Electric Reliability Organization with respect to the content of a new or modified Organization Standard, but shall not defer to the Organization with respect to the effect of the standard on competition. The Commission shall approve a proposed new or modified Organization Standard if it determines the proposal to be just, reasonable, not unduly discriminatory or preferential, and in the public interest. ``(B) The Commission, either upon complaint or upon its own motion, shall suspend an existing Organization Standard, if it determines the standard to be unjust, unreasonable, unduly discriminatory or preferential, or not in the public interest. ``(C) An existing or proposed Organization Standard which is disapproved or suspended in whole or in part by the Commission shall be remanded to the Electric Reliability Organization for further consideration. ``(D) The Commission, on its own motion or upon complaint, may direct the Electric Reliability Organization to develop an Organization Standard, including modification to an existing Organization Standard, addressing a specific matter by a date certain if the Commission considers a new or modified Organization Standard necessary or appropriate to further the purposes of this section. The Electric Reliability Organization shall file any new or modified Organization Standard in accordance with this subsection. ``(E) An Affiliated Regional Reliability Entity may propose a Variance or Entity Rule to the Electric Reliability Organization under subsection (i)(3). The Affiliated Regional Reliability Entity may request that the Electric Reliability Organization expedite consideration of the proposal, and may file a notice of this request with the Commission, if expedited consideration is necessary to provide for Bulk-Power System reliability. If the Electric Reliability Organization fails to adopt the Variance or Entity Rule, either in whole or in part, the Affiliated Regional Reliability Entity may request that the Commission review such action. If the Commission determines, after its review of such a request, that the action of the Electric Reliability Organization did not conform to the applicable standards and procedures approved by the Commission, or if the Commission determines that the Variance or Entity Rule is just, reasonable, not unduly discriminatory or preferential, and in the public interest, and that the Electric Reliability Organization has unreasonably rejected the proposed Variance or Entity Rule, the Commission may remand the proposed Variance or Entity Rule for further consideration by the Electric Reliability Organization or may direct the Electric Reliability Organization or the Affiliated Regional Reliability Entity to develop a Variance or Entity Rule consistent with that requested by the Affiliated Regional Reliability Entity. Such a Variance or Entity Rule proposed by an Affiliated Regional Reliability Entity shall be submitted to the Electric Reliability Organization for review and filing with the Commission in accordance with the procedures specified in this subsection. ``(F) Notwithstanding any other provision of this subsection, a proposed Organization Standard or amendment shall take effect according to its terms if the Electric Reliability Organization determines that an emergency exists requiring that the proposed Organization Standard or amendment take effect without notice or comment. The Electric Reliability Organization shall notify the Commission immediately following this determination and shall file the emergency Organization Standard or amendment with the Commission not later than five days following the determination and shall include in the filing an explanation of the need for the emergency standard. Subsequently, the Commission shall provide notice of the emergency Organization Standard or amendment for comment, and shall follow the procedures set out in paragraphs (2) and (3) for review of a new or modified Organization Standard. An emergency Organization Standard that has gone into effect shall remain in effect unless and until suspended or disapproved by the Commission. If the Commission determines at any time that the emergency Organization Standard or amendment is not necessary, the Commission may suspend the emergency Organization Standard or amendment. ``(4) All Users of the Bulk-Power System shall comply with any Organization Standard that takes effect under this section. ``(g) Coordination With Canada and Mexico.--The Electric Reliability Organization shall take all appropriate steps to gain recognition in Canada and Mexico. Subject to the President's authority with respect to foreign policy, the United States shall use its best efforts to enter into international agreements with the appropriate governments of Canada and Mexico to provide for effective compliance with Organization Standards and to provide for the effectiveness of the Electric Reliability Organization in carrying out its mission and responsibilities. All actions taken by the Electric Reliability Organization, any Affiliated Regional Reliability Entity, and the Commission shall be consistent with the provisions of such international agreements. ``(h) Changes in Procedures, Governance, or Funding.--(1) The Electric Reliability Organization shall file with the Commission any proposed change in its procedures, governance, or funding, or any changes in the Affiliated Regional Reliability Entity's procedures, governance or funding relating to delegated functions, and shall include with the filing an explanation of the basis and purpose for the change. ``(2) A proposed procedural change may take effect 90 days after filing with Commission if the change constitutes a statement of policy, practice, or interpretation with respect to the meaning or enforcement of an existing procedure. Any other proposed procedural change takes effect only upon a finding by the Commission, after notice and opportunity for comments, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (e)(4). ``(3) A change in governance or funding does not take effect unless the Commission finds that the change is just, reasonable, not unduly discriminatory or preferential, and is in the public interest, and satisfies the requirements of subsection (e)(4). ``(4)(A) The Commission, either upon complaint or upon its own motion, may suspend a procedure or governance or funding provision if it determines the procedure or provision does not meet the requirements of subsection (e)(4) or is unjust, unreasonable, unduly discriminatory or preferential, or otherwise not in the public interest. ``(B) The Commission, upon complaint or upon its own motion, may require the Electric Reliability Organization to amend the procedures, governance or funding if the Commission determines that the amendment is necessary to meet the requirements of this section. The Electric Reliability Organization shall file the amendment in accordance with paragraph (1) of this subsection. ``(i) Delegations of Authority.--(1) The Electric Reliability Organization shall, upon request by an entity, enter into an agreement with the entity for the delegation of authority to implement and enforce compliance with Organization Standards approved by the Commission in a specified geographic area if the Organization finds that the entity requesting the delegation satisfies the requirements of subsections (e)(4) (A), (B), (C), (D), (F), and (K), and if the delegation promotes the effective and efficient implementation and administration of Bulk-Power System reliability The Electric Reliability Organization may enter into an agreement to delegate to the entity any other authority, except that the Electric Reliability Organization shall reserve the right to set and approve standards for the Bulk-Power System reliability. ``(2) The Electric Reliability Organization shall file with the Commission any agreement entered into under this subsection and any information the Commission requires with respect to the Affiliated Regional Reliability Entity to which authority is to be delegated. The Commission shall approve the agreement, following public notice and an opportunity for comment, if it finds that the agreement meets the requirements of paragraph (1), and is just, reasonable, not unduly discriminatory or preferential, and is in the public interest. A proposed delegation agreement with an Affiliated Regional Reliability Entity organized on an Interconnection-wide basis shall be rebuttably presumed by the Commission to promote the effective and efficient implementation and administration of Bulk-Power System reliability. No delegation by the Electric Reliability Organization shall be valid unless approved by the Commission. ``(3)(A) A delegation agreement entered into under this subsection shall specify the procedures for an Affiliated Regional Reliability Entity to propose Entity Rules or Variances for review by the Electric Reliability Organization. ``(B) With respect to any such proposal that would apply on an Interconnection-wide basis, the Electric Reliability Organization shall presume the proposal valid if made by an Interconnection-wide Affiliated Regional Reliability Entity unless the Electric Reliability Organization makes a written finding that the proposal-- ``(i) was not developed in a fair and open process that provided an opportunity for all interested parties to participate; ``(ii) has a significant adverse impact on reliability or commerce in other Interconnections; ``(iii) fails to provide a level of reliability of the Bulk-Power System within the Interconnection such that it would constitute a serious and substantial threat to public health, safety, welfare, or national security; or ``(iv) creates a serious and substantial burden on competitive markets within the Interconnection that is not necessary for reliability. ``(C) With respect to a proposal that would apply only to part of an Interconnection, the Electric Reliability Organization shall find the proposal valid if the Affiliated Regional Reliability Entity or Entities making the proposal demonstrate that it-- ``(i) was developed in a fair and open process that provided an opportunity for all interested parties to participate; ``(ii) would not have an adverse impact on commerce that is not necessary for reliability; ``(iii) provides a level of Bulk-Power System reliability adequate to protect public health, safety, welfare, and national security, and would not have a significant adverse impact on reliability; and ``(iv) in the case of a Variance, is based on legitimate differences between regions or between subregions within the Affiliated Regional Reliability Entity's geographic area. ``(D) The Electric Reliability Organization shall approve or disapprove the proposal within 120 days, or the proposal is deemed approved. Following approval of a proposal under this paragraph, the Electric Reliability Organization shall seek Commission approval pursuant to subsection (f). Affiliated Regional Reliability Entities may not make requests for approval directly to the Commission except pursuant to subsection (f)(3)(E). ``(4) If an Affiliated Regional Reliability Entity requests, consistent with paragraph (1) of this subsection, that the Electric Reliability Organization delegate authority to it, but is unable within 180 days to reach agreement with the Electric Reliability Organization with respect to the requested delegation, the entity may seek relief from the Commission. If, following notice and opportunity for comment, the Commission determines that the delegation to the entity would meet the requirements of paragraph (1); that the delegation would be just, reasonable, not unduly discriminatory or preferential, and in the public interest; and that the Electric Reliability Organization has unreasonably withheld the delegation, the Commission may, by order, direct the Electric Reliability Organization to make the delegation. ``(5)(A) The Commission may, upon its own motion or upon complaint, and with notice to the appropriate Affiliated Regional Reliability Entity or Entities, direct the Electric Reliability Organization to propose a modification to an agreement entered into under this subsection if the Commission determines that-- ``(i) the Affiliated Regional Reliability Entity no longer has the capacity to carry out effectively or efficiently its implementation or enforcement responsibilities under that agreement, has failed to meet its obligations under that agreement, or has violated any provision of this section, ``(ii) the rules, practices, or procedures of the Affiliated Regional Reliability Entity no longer provide for fair and impartial discharge of its implementation or enforcement responsibilities under the agreement, ``(iii) the geographic boundary of a transmission entity approved by the Commission is not wholly within the boundary of an Affiliated Regional Reliability Entity and such difference is inconsistent with the effective and efficient implementation and administration of Bulk-Power System reliability, or ``(iv) the agreement is inconsistent with another delegation agreement as a result of actions taken under paragraph (4) of this subsection. ``(B) Following an order of the Commission issued under paragraph (5)(A) of this subsection, the Commission may suspend the affected agreement if the Electric Reliability Organization or the Affiliated Regional Reliability Entity does not propose an appropriate and timely modification. If the agreement is suspended, the Electric Reliability Organization shall assume the previously delegated responsibilities. The Commission shall allow the Electric Reliability Organization and the Affiliated Regional Reliability Entity an opportunity to appeal the suspension. ``(j) Organization Membership.--Every System Operator shall be a member of the Electric Reliability Organization and shall be a member of any Affiliated Regional Reliability Entity operating under an agreement effective pursuant to subsection (i) applicable to the region in which the System Operator operates or is responsible for the operation of a Bulk-Power System facility. ``(k) Federal Power Systems and Nuclear Regulatory Commission.--Any actions taken under this section by the Commission, the Electric Reliability Organization, and any Affiliated Regional Reliability Entity shall be consistent with any statutory or treaty obligations of a Federal Power Marketing Administration, the Tennessee Valley Authority, the Bureau of Reclamation and the Corps of Engineers and any Nuclear Regulatory Commission requirements. ``(l) Injunctions and Disciplinary Action.--(1) Consistent with the range of actions approved by the Commission under subsection (e)(4)(H), the Electric Reliability Organization may impose a penalty; may limit activities, functions, or operations; or may take other disciplinary action the Electric Reliability Organization finds appropriate against a User of the Bulk-Power System if the Electric Reliability Organization, after notice and an opportunity for interested parties to be heard, issues a finding in writing that the User of the Bulk-Power System has violated an Organization Standard approved by the Commission. The Electric Reliability Organization shall immediately notify the Commission of any disciplinary action imposed with respect to an act or failure of a User of the Bulk-Power System that affected or threatened to affect Bulk-Power System facilities located in the United States, and the sanctioned party shall have the right to seek modification or rescission by the Commission of such disciplinary action. If the Organization finds it necessary to prevent a serious threat to reliability, the Organization may seek injunctive relief in a Federal Court in the district in which the affected facilities are located. ``(2) A disciplinary action taken under paragraph (1) may take effect not earlier than the 30th day after the Electric Reliability Organization files with the Commission its written finding and record of proceedings before the Electric Reliability Organization and the Commission posts the Organization's written finding, unless the Commission, on its own motion or upon application by the User of the Bulk-Power System which is the subject of the action, suspends the action. The action shall remain in effect or remain suspended unless and until the Commission, after notice and opportunity for hearing, affirms, sets aside, modifies, or reinstates the action, but the Commission shall conduct such a hearing under procedures established to ensure expedited consideration of the action taken. ``(3) The Commission, on its own motion, may order compliance with an Organization Standard and may impose a penalty; may limit activities, functions, or operations; or may take such other disciplinary action as the Commission finds appropriate, against a User of the Bulk-Power System with respect to actions affecting or threatening to affect Bulk-Power System facilities located in the United States if the Commission finds, after notice and opportunity for a hearing, that the User of the Bulk-Power System has violated or threatens to violate an Organization Standard. ``(4) The Commission may take such action as is necessary against the Electric Reliability Organization or an Affiliated Regional Reliability Entity to assure compliance with an Organization Standard, or any Commission order affecting the Electric Reliability Organization or an Affiliated Regional Reliability Entity. ``(m) Reliability Reports.--The Electric Reliability Organization shall conduct periodic assessments of the reliability and adequacy of the interconnected Bulk-Power System in North America and shall report annually to the Secretary of Energy and the Commission its findings and recommendations for monitoring or improving system reliability and adequacy. ``(n) Assessment and Recovery of Certain Costs.--The reasonable costs of the Electric Reliability Organization, and the reasonable costs of each Affiliated Regional Reliability Entity that are related to implementation and enforcement of Organization Standards or other requirements contained in a delegation agreement, approved under subsection (i), shall be assessed by the Electric Reliability Organization and each Affiliated Regional Reliability Entity, respectively, taking into account the relationship of costs to each region and based on an allocation that reflects an equitable sharing of the costs among all end-users. The Commission shall provide by rule for the review of such costs and allocations, pursuant to the standards in this subsection and subsection (e)(4)(F). ``(o) Rule of Reason Standard.--In any action under the antitrust laws, the conduct of the Electric Reliability Organization, of an Affiliated Regional Reliability Entity operating under an agreement in effect under subsection (i), or a member of the Electric Reliability Organization or an Affiliated Regional Reliability Entity, to the extent such conduct is undertaken to develop or implement an Organization Standard which is approved by the Commission under subsection (f), shall not be deemed illegal per se. Such conduct shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition. For purposes of this section, `antitrust laws' has the meaning given it in subsection (a) of the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act to the extent that such section 5 applies to unfair methods of competition.''. (b) Conforming Amendments.--(1) Section 316 of the FPA is amended by striking ``or 214'' each place it appears and inserting ``214, or 218''. (2) Section 316A of the FPA is amended by striking ``section 211, 212, 213, or 214'' each time it appears and inserting ``Part II of this Act''. SEC. 602. ELECTRICITY OUTAGE INVESTIGATION. Title II of the Department of Energy Organization Act is amended by adding the following new section after section 213 as added by section 408: ``SEC. 214. ELECTRICITY OUTAGE INVESTIGATION BOARD. ``(a) Establishment; Membership; Terms.--The Secretary shall establish an Electricity Outage Investigation Board. The Board shall consist of five members, appointed by the Secretary. Each member shall serve a term of three years. ``(b) Duties.--The Board shall-- ``(1) investigate a major bulk-power system failure in the United States to determine its causes, ``(2) report to the Secretary the results of the investigation, and ``(3) recommend to the Secretary actions to minimize the possibility of a future bulk-power system failure. ``(c) Federal Advisory Committee Act.--The Board shall not be subject to the Federal Advisory Committee Act (5 U.S.C. Appx.).''. SEC. 603. ADDITIONAL TRANSMISSION CAPACITY. Section 209 of PURPA is amended by adding a new subsection after subsection (c): ``(d) Consideration of Additional Transmission Capacity.--The Secretary may call and chair a meeting of representatives of States in a region in order to discuss provision of additional transmission capacity and related concerns in such region.''. TITLE VII--ENVIRONMENTAL PROTECTION SEC. 701. NITROGEN OXIDES CAP AND TRADE PROGRAM. (a) Purpose.--The purpose of this section is to facilitate the implementation of a regional strategy for reducing ambient concentrations of ozone through regional reductions in emissions of NO<INF>X</INF>. (b) Definitions.--For purposes of this section-- (1) the term ``Administrator'' means the Administrator of the Environmental Protection Agency, (2) the term ``NO<INF>X</INF>'' means oxides of nitrogen, (3) the term ``NO<INF>X</INF> allowance'' means an authorization to emit a specified amount of NO<INF>X</INF> into the atmosphere, and (4) the term ``NO<INF>X</INF> allowance cap and trade program'' means a program under which, in accordance with regulations issued by the Administrator, the Administrator establishes the maximum number of NO<INF>X</INF> allowances that may be allocated for specified control periods, allocates or authorizes a State to allocate NO<INF>X</INF> allowances, allows the transfer of NO<INF>X</INF> allowances for use in States subject to such a program, requires monitoring and reporting of NO<INF>X</INF> emissions that meet the requirements of section 412 of the Clean Air Act, and prohibits, and requires penalties and offsets for, any emissions of NO<INF>X</INF> in excess of the number of NO<INF>X</INF> allowances held. (c) Program Implementation.--(1) If the Administrator determines under section 110(a)(2)(D) of the Clean Air Act that any source or other type of emissions activity in a State emits NO<INF>X</INF> in amounts that will contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any national ambient air quality standard for ozone, the Administrator shall establish by regulation, within 12 months of the determination for primary standards and as expeditiously as practicable for secondary standards, and shall administer a NO<INF>X</INF> allowance cap and trade program in all States in which such a source or other type of emissions activity is located. (2) Any NO<INF>X</INF> allowance cap and trade program shall contribute to providing for emissions reductions that mitigate adequately the contribution or interference and shall be taken into account by the Administrator in determining compliance with section 110(a)(2)(D) of the Clean Air Act. (3) For purposes of sections 113, 114, 304, and 307 of the Clean Air Act, regulations promulgated under this section shall be treated as regulations promulgated under title IV of the Clean Air Act (entitled Acid Deposition Control). A requirement of regulations promulgated under this section is considered an ``emission standard'' or ``emission limitation'' within the meaning of section 302 of the Clean Air Act and an ``emission standard or limitation under this Act'' within the meaning of section 304 of the Clean Air Act. TITLE VIII--FEDERAL POWER SYSTEMS Subtitle A--Tennessee Valley Authority SEC. 801. DEFINITION. Section 3 of the Federal Power Act is amended by adding after paragraph (25) the following new paragraph: ``(26) `TVA' means the Tennessee Valley Authority, an agency and instrumentality of the United States created by the Tennessee Valley Authority Act of 1933;''. SEC. 802. APPLICATION OF FEDERAL POWER ACT. Part II of the Federal Power Act is amended by adding the following new section after section 201: ``application to federal power systems ``Sec. 201A. (a) After January 1, 2003, sections 202 (h) and (i), 203 (with respect to dispositions of transmission facilities), 205, 206, 208, and 210 through 213 of this Part and sections 301 through 304, 306, 307 (except the last sentence of paragraph (c)), 308, 309, 313, and 317 of Part III apply to TVA's transmission facilities and transmission of electric energy and the provision of necessary associated services over the TVA Transmission System, except that any determination made by the Commission under those provisions as to whether an action or matter is just, reasonable, or not unduly discriminatory or preferential shall be subject to any other laws applicable to TVA, including the requirement that TVA recover its costs.''. SEC. 803. ANTITRUST COVERAGE. The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831-831ee) is amended by adding the following after section 21: ``SEC. 21A. ANTITRUST LAWS. ``(a) Subject to subsection (b), effective January 1, 2003, the Tennessee Valley Authority is subject to the antitrust laws of the United States with respect to the operation of its electric power system. For purposes of this section, `antitrust laws,' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that it includes the Act of June 19, 1936 (15 U.S.C. 13 et seq.), commonly known as the Robinson-Patman Act, and section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that section 5 applies to unfair methods of competition. ``(b) No damages, interest on damages, costs, or attorney's fees may be recovered under section 4, 4A, or 4C of the Clayton Act (15 U.S.C. 15, 15a, or 15c) from the Tennessee Valley Authority.''. SEC. 804. TVA POWER SALES. The Tennessee Valley Authority Act of 1933 (16 U.S.C. 831-831ee) is amended by adding the following after section 15d: ``SEC. 15E. SALE OF ELECTRIC POWER AT WHOLESALE AND RETAIL. ``(a) For the purposes of this section: ``(1) `distributor' means an electric power system that-- ``(A) is owned by a cooperative organization or by a municipality or other public body (or any successor in interest), and ``(B) on the date of enactment of this section, purchased electric power at wholesale from the Tennessee Valley Authority under an all-requirements power contract; and ``(2) `distributor service area' means the geographic area within which a distributor is authorized on the date of enactment of this section to provide electric power at retail to the ultimate consumer. ``(b)(1) Effective January 1, 2003, the Tennessee Valley Authority may sell electric power at wholesale to any person. ``(2) Beginning January 1, 2003, the Tennessee Valley Authority shall not sell power at retail, except it may sell power to a retail customer who consumes that power within a distributor service area, if-- ``(A) the customer (or predecessor in interest) purchased electric power directly from the Tennessee Valley Authority as a retail customer on the date of enactment of this section, or ``(B) the distributor's firm power purchases from the Tennessee Valley Authority are 50 percent or less of its total retail sales, or ``(C) the distributor agrees that the Tennessee Valley Authority can sell power to the customer. Nothing in this paragraph shall prohibit the Tennessee Valley Authority from continuing to serve a retail customer which the Tennessee Valley Authority was serving on the date of enactment of this section that is not located within a distributor service area. ``(3) Notwithstanding any other provision of law, the rates, terms, and conditions of retail electric service, and rates for the use of distribution lines are not subject to regulation by the Tennessee Valley Authority.''. SEC. 805. RENEGOTIATION OF LONG-TERM POWER CONTRACTS. Section 15e of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831-831ee) as added by section 804 of this Act is amended by adding the following after subsection (b): ``(c)(1) Within one year following the date of enactment of this section, the Tennessee Valley Authority and the distributors shall renegotiate their existing long-term contracts with respect to-- ``(A) the remaining term; ``(B) the length of the termination notice; ``(C) the amount of power a distributor may purchase from a supplier other than the Tennessee Valley Authority beginning January 1, 2003, and access to the Tennessee Valley Authority transmission system for that power; and ``(D) stranded cost recovery. ``(2) If the parties are unable to reach agreement with regard to any of the issues under paragraph (1) within the one-year period set forth in paragraph (1), they shall submit the issue in dispute to the Federal Energy Regulatory Commission for final resolution.''. SEC. 806. STRANDED COST RECOVERY. (a) Section 206 of the Federal Power Act is amended by adding the following new subsection after subsection (e) as added by section 301(b) of this Act: ``(f)(1) Within one year of the date of enactment of this subsection, the Commission shall promulgate regulations with respect to TVA's recovery of stranded costs (as defined by the Commission) imposed on TVA resulting from wholesale or retail competition. These regulations shall provide that-- ``(A) a customer that did not cause costs to be stranded is not obligated to pay those costs on behalf of other customers; ``(B) no stranded investment recovery charge shall have the effect of unfairly shifting costs among distributors or TVA retail customers; ``(C) for a stranded cost recovery charge TVA assesses on a retail or wholesale customer, TVA shall unbundle the charge from other retail or wholesale rates applicable to that customer and state the charge separately on the customer's bill; and ``(D) TVA shall not impose a stranded cost recovery charge after September 30, 2007, unless the person against whom the charge is assessed agrees otherwise. ``(2) After notice and opportunity for comment, TVA shall submit a stranded cost recovery plan to the Commission for review and approval. ``(3) The Commission shall review the recovery plan and shall approve the recovery plan if the Commission determines the plan to be just and reasonable and not unduly discriminatory or preferential and consistent with the requirements of regulations issued under paragraph (1). TVA may recover stranded costs only pursuant to a recovery plan approved by the Commission.''. (b) Section 15e of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831-831ee) as added by section 804 of this Act is amended by adding the following after subsection (c) as added by section 805 of this Act: ``(d) Amounts recovered by the Tennessee Valley Authority as stranded cost recovery charges under section 206(f) of the Federal Power Act shall be used to pay down TVA's debt to the extent determined by the TVA Board to be consistent with the proper financial management of the TVA power system, provided that TVA may not use amounts recovered to pay for additions to TVA's generating capacity.''. (c) Section 9106 of Title 31, United States Code, is amended by adding the following new subsection after subsection (b): ``(c) Beginning in Fiscal Year 2003, as part of the annual management report submitted by the Tennessee Valley Authority (TVA) to Congress under this section, TVA shall also specifically report: ``(A) the status of TVA's long-range financial plans and the progress toward its goal of competitively priced power, and a general discussion of TVA's prospects on meeting the objectives of the Ten Year Business Outlook issued on July 22, 1997; ``(B) any changes in assumptions since the previous report that may have a material effect on TVA's long-range financial plans; ``(C) the source of funds used for any capacity additions; ``(D) the use or other disposition of amounts recovered by TVA under this section; ``(E) the amount by which TVA's publicly-held debt was reduced; and ``(F) the projected amount by which TVA's publicly-held debt will be reduced.''. SEC. 807. CONFORMING AMENDMENTS. Effective January 1, 2003-- (1) section 15d(a) of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831n-4(a)), which limits the sales or delivery of electric power by TVA or distributors outside a certain geographic area, is repealed; (2) subsections (f) and (j) of section 212 of the Federal Power Act (16 U.S.C. 824k (f) and (j) are repealed; and (3) the third proviso of section 10 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831i) and the second and third provisos of section 12 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831k) do not apply to a wholesale sale of electric energy by the Tennessee Valley Authority. Subtitle B--Bonneville Power Administration SEC. 811. DEFINITIONS. Section 3 of the Federal Power Act is amended by adding the following new paragraphs after paragraph (26) as added by section 801 of this Act: ``(27) `Bonneville Administrator' means the Administrator of the Bonneville Power Administration; ``(28) `Pacific Northwest' has the meaning given that term in section 3(14) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839a(14)); ``(29) `Bonneville Transmission System' means transmission facilities owned or leased by the United States, acting through the Bonneville Administrator, and operated by the Bonneville Administrator or another entity under section 202 (h) or (i) of this Act;''. SEC. 812. APPLICATION OF FEDERAL POWER ACT. Section 201A of the Federal Power Act as added by section 802 of this Act is amended by adding the following new subsection after subsection (a): ``(b) Bonneville Power Administration.--After September 30, 2001; sections 202 (h) and (i), 203 (with respect to dispositions of transmission facilities), 205, 206, 208, and 210 through 213 of this Part and sections 301 through 304, 306, 307 (except the last sentence of paragraph (c)), 308, 309, 313, and 317 of Part III apply to transmission facilities and transmission of electric energy and the provision of necessary associated services over the Bonneville Transmission System, provided that-- ``(1) any determination made under those sections as to whether an action or matter is just, reasonable, not unduly discriminatory or preferential shall be subject to-- ``(A) phasing in Commission-ordered changes in transmission rates or charges that would cause unreasonable cost shift among users of the Bonneville Transmission System if implemented at once; ``(B) mitigating unreasonable adverse impacts on remote transmission customers in the Pacific Northwest that would otherwise result from Commission-ordered changes in the historic treatment of costs to acquire transmission to serve customers historically served by General Transfer Agreements entered into between the Bonneville Administrator and other transmission providers; ``(C) complying with requirements of other laws applicable to the Bonneville Administrator; ``(D) assuring the Bonneville Administrator's transmission rates and charges are established sufficient to-- ``(i) recover existing and future Federal investment in the Bonneville Transmission System over a reasonable number of years after first meeting all the Bonneville Administrator's other transmission costs and expenses; and ``(ii) produce the revenues necessary to assure timely payment of all transmission related costs and expenses, including revenues to establish reserves; ``(E) rules established by the Commission to-- ``(i) assure transmission access is provided over the Bonneville Transmission System for hydroelectric power that must be generated and transmitted at a particular time in order to reduce spill and levels of dissolved nitrogen gas harmful to fish, and ``(ii) govern compensation to adversely affected transmission users when capacity is made available for transmission of hydroelectric power in those circumstances; and ``(F) subsection 205(g) of this Act; and ``(2) these sections shall not apply to-- ``(A) the Bonneville Administrator's activities other than transmission of electric energy and provision of necessary associated services over the facilities of the Bonneville Transmission System; or ``(B) a contract in effect on the date of enactment of this Section, except for rates which are adjustable by the Administrator under the contract; a Treaty of the United States; or a contract concerning the physical delivery of energy and capacity entered into by entities designated pursuant to such a Treaty.''. SEC. 813. SURCHARGE ON TRANSMISSION RATES TO RECOVER OTHERWISE NON- RECOVERABLE COSTS. Section 205 of the Federal Power Act is amended by adding the following after subsection (f): ``(g)(1) Subject to the requirements of paragraph (2), the Bonneville Administrator shall propose and the Commission shall establish a mechanism pursuant to this section that enables the Administrator to place a surcharge on rates or charges for transmission services over the Bonneville Transmission System when necessary in order to recover power costs unable to be recovered through power revenues in time to meet the cost recovery requirements of section 7(a) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(a)(1)). ``(2) The transmission surcharge mechanism set forth in paragraph (1) shall-- ``(A) recover not more than $600 million in total and no more than $100 million in any fiscal year; ``(B) be available only between October 1, 2001, and October 1, 2016; ``(C) be implemented by the Bonneville Administrator only when the Bonneville Administrator projects that available financial reserves attributable to the power function will be less than $150 million; and ``(D) to the fullest extent possible, be designed and established to recover the costs from transmission users in a manner that-- ``(i) minimizes any effect on transmission users' choices among competing suppliers or products, ``(ii) does not apply to use of the Bonneville Transmission System for power sales outside the Pacific Northwest, and ``(iii) minimizes bypass of the Bonneville Transmission System by transmission users seeking to avoid the surcharge. ``(3) The Bonneville Administrator shall have sole discretion to determine whether to implement the cost recovery mechanism established by the Commission under paragraph (1). Before imposing the surcharge, the Bonneville Administrator shall conduct a public process in the Pacific Northwest to receive comment on implementation of the surcharge. As a part of that public process, the Bonneville Administrator shall make available information concerning the need for and amount of the surcharge. If the Bonneville Administrator decides to implement a surcharge, it shall take effect on the Bonneville Administrator's proposed effective date, but no earlier than sixty days following the Administrator's filing of the proposed surcharge to the Commission for approval. ``(4)(A) Within 120 days after the effective date of the surcharge, the Commission shall approve, reject, or modify the surcharge and communicate its decision to the Bonneville Administrator. In conducting its review, the Commission shall not consider the appropriateness of the cost recovery mechanism established by the Commission under paragraph (1). ``(B) If the Commission rejects or modifies the surcharge, the Commission may order the Bonneville Administrator to refund, with interest, the portion of the surcharge the Commission found not justified or the Commission may authorize the Bonneville Administrator to recover amounts from customers who underpaid or did not pay the surcharge. If the Commission orders modification of the Bonneville Administrator's surcharge, such modified charge shall be effective on the date and for the time period specified by the Commission. ``(5) Any payment of power costs through application of transmission revenues collected by surcharge or otherwise shall be treated as a loan to the Bonneville Administrator's power function. The Bonneville Administrator shall repay the loan as soon as possible from power function revenues once the Bonneville Administrator is able to meet other power cost recovery and Treasury repayment obligations on an annual basis using power revenues and, to the extent practicable, refund such revenues to all transmission customers charged the surcharge. The borrowed revenues shall bear interest at a rate determined appropriate by the Commission. ``(6) For the recovery of costs relating to any generation or conservation resources financed by debt issued by a non-Federal party before October 1, 1998, and secured by an obligation of the Bonneville Administrator to make payments or net bill power and transmission service that cannot be recovered through power rates and charges and paid in accordance with the application of revenues and the priority of payments specified by Section 13(b) of the Federal Columbia River Transmission System Act of 1974 (16 U.S.C. 838k(b)), the provisions of this section apply, except for the recovery limitations under paragraph (2)(A) and the time limits under paragraph (2)(B), but only to the extent such recovery would have been allow under laws applicable to the Bonneville Administrator as of October 1, 1998. In reviewing this surcharge request, the Commission shall apply the standard of review applicable as of October 1, 1998.''. SEC. 814. COMPLAINTS. Section 306 of the Federal Power Act is amended by inserting ``agency or instrumentality of the United States,'' after ``person,'' in the first sentence. SEC. 815. REVIEW OF COMMISSION ORDERS. Section 313 of the Federal Power Act is amended by inserting ``agency or instrumentality of the United States,'' after ``person.'' in the first sentence in subsection (a).''. SEC. 816. CONFORMING AMENDMENTS. (a) Section 201(f) of the Federal Power Act is amended by striking ``No'' and inserting ``(1) Except as provided in sections 201A and 202(h)-(i), no''. (b) Section 212(i) of the Federal Power Act (16 U.S.C. 824(i)) is repealed. (c) Section 6 of the Federal Columbia River Transmission System Act (16 U.S.C. 838d) is repealed. (d) Section 9 of the Federal Columbia River Transmission System Act (16 U.S.C. 838g) is amended to read as follows: ``rates and charges ``Sec. 9. Schedules of rates and charges for the sale, including dispositions to a Federal agency, of all electric power made available to the Administrator pursuant to section 8 of this Act or otherwise acquired shall be established-- ``(1) with a view to encouraging the widest possible diversified use of electric power at the lowest possible rates to consumers consistent with sound business principles; ``(2) having regard to the recovery (upon the basis of the application of such rate schedules to the capacity of the electric facilities of the projects) of the cost of producing such electric power, including the amortization of the capital investment allocated to power over a reasonable period of years and payments provided for in section 11(b)(9) of this Act; and ``(3) at levels to produce such additional power revenues as may be required, in the aggregate with all other power revenues of the Administrator, to pay when due the principal of, premiums, discounts, and expenses in connection with the issuance of and interest on all bonds issued and outstanding pursuant to this Act for other than the construction, acquisition, and replacement of the Federal transmission system, and amounts required to establish and maintain reserve and other funds and accounts established in connection therewith. Electric power rates under this section shall be established by the Administrator in accordance with section 7 of the Pacific Northwest Electric Power Planning and Conservation Act.''. (e) Section 10 of the Federal Columbia River Transmission System Act (16 U.S.C. 838h) is repealed. (f) Section 6 of the Pacific Northwest Regional Preference Act (16 U.S.C. 837e) is amended by striking the ``Federal energy or'' in the first sentence and by striking the second sentence. (g) Section 7(a)(1) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(a)(1)) is amended to read as follows: ``(a)(1) The Administrator shall establish, and periodically review and revise, rates for the sale and disposition of electric power and shall periodically review and, if necessary, propose revisions to rates for the transmission of electric power. Rates for the sale and disposition of electric power shall be established and, as appropriate, revised to recover, in accordance with sound business principles, the costs associated with the acquisition and conservation of electric power, including the amortization of the Federal investment allocable to electric power rates in the Federal Columbia River Power System (including irrigation electric-power-related costs required to be repaid out of electric power revenues) over a reasonable period of years and the other costs and expenses incurred by the Administrator pursuant to this Act and other provisions of law. Rates for the sale and disposition of electric power shall be established in accordance with section 9 of the Federal Columbia River Transmission System Act (16 U.S.C. 838g), section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), and this Act.''. (h) Section 7(a)(2) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839e(a)(2)) is amended by-- (1) striking ``Rates'' and inserting ``Power rates''; (2) inserting ``and'' after the comma in subparagraph (A); (3) striking ``, and'' and inserting a period at the end of subparagraph (B); and (4) striking subparagraph (C). (i) Section 7(i) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839(i)) is amended by inserting ``power'' immediately after ``establishing'' in the first sentence. (j) Section 9(d) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839f(d)) is amended by striking ``transmission access,'' and inserting ``power'' immediately before ``services'' in the second sentence. (k) Section 9(i)(3) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839f(i)(3)) is amended by inserting ``power'' immediately before ``services'' each time it appears, and by striking ``transmission,'' in the first sentence. (l) Section 2(e) of the Bonneville Project Act (16 U.S.C. 832a(e)) is amended by striking the colon and all that follows and inserting a period. Subtitle C--Western Area Power Administration and Southwestern Area Power Administration SEC. 821. DEFINITIONS. Section 3 of the Federal Power Act is amended by adding the following new paragraphs after paragraph (29) as added by subsection 811: ``(30) `SWPA Administrator' means the Administrator of the Southwestern Power Administration; ``(31) `SWPA Transmission System' means transmission facilities owned or controlled by the United States and operated by the SWPA Administrator or an entity with authority over these facilities under section 202 (h) or (i) of this Act; ``(32) `WAPA Administrator' means the Administrator of the Western Area Power Administration; and ``(33) `WAPA Transmission System' means transmission facilities owned or controlled by the United States and operated by the WAPA Administrator or an entity with authority over these facilities under section 202 (h) or (i) of this Act.''. SEC. 822. APPLICATION OF FEDERAL POWER ACT. Section 201A of the Federal Power Act as added by section 802 of this Act is amended by adding the following new subsection after subsection (b) as added by section 812 of this Act: ``(c) Western Area Power Administration and Southwestern Power Administration.--After September 30, 2001, sections 202 (h) and (i), 203 (with respect to dispositions of transmission facilities), 205, 206, 208, and 210 through 213 of this Part and sections 301 through 304, 306, 307 (except the last sentence of paragraph (c)), 308, 309, 313, and 317 of Part III apply to transmission facilities and transmission of electric energy over the SWPA and WAPA Transmission Systems and the provision of necessary associated services over the SWPA and WAPA Transmission Systems, provided that-- ``(1) any determination made under those sections as to whether an action or matter is just, reasonable, not unduly discriminatory or preferential shall be subject to-- ``(A) phasing in Commission-ordered changes in transmission rates or charges that would cause unreasonable cost shifts among users of the SWPA and WAPA Transmission Systems if implemented at once; ``(B) complying with requirements of other laws applicable to the SWPA and WAPA Administrators; ``(C) assuring the transmission rates and charges of the SWPA and WAPA Administrators are established sufficient to-- ``(i) recover existing and future Federal investment in the transmission system over a reasonable number of years after first meeting all other transmission costs and expenses; and ``(ii) produce the revenues necessary to assure timely payment of all transmission related costs and expenses, including revenues to establish reserves; ``(D) subsection 205(h) of this Act; and ``(E) permitting the WAPA Administrator to establish more than one rate for the transmission facilities of its regions or projects; and ``(2) these sections shall not apply to-- ``(A) activities of the SWPA and WAPA Administrators other than transmission of electric energy and provision of necessary associated services over the facilities of their respective systems; or ``(B) a contract in effect on the date of enactment of this Act, except for rates which are adjustable by the Administrator under the contract.''. SEC. 823. SURCHARGE ON TRANSMISSION RATES TO RECOVER OTHERWISE NON- RECOVERABLE COSTS. Section 205 of the Federal Power Act is amended by adding the following after subsection (g) as added by section 814 of this Act: ``(h)(1) the Commission shall establish rules for Commission approval of a surcharge on rates or charges for transmission services over the SWPA and WAPA transmission systems, including a reasonable limitation on amounts to be recovered under the surcharge and such other rules necessary to ensure that the surcharge minimizes any effect of transmission users' choice among competing suppliers or products and reflects cost causation, in order to recover power costs unable to be recovered through power revenues in time to meet statutory or regulatory cost recovery requirements. ``(2) The SWPA and WAPA Administrators shall have sole discretion to determine whether to implement the cost recovery mechanism established by the Commission under paragraph (1) for their respective transmission systems. Before imposing the surcharge, the Administrator shall conduct a public process to receive comment on implementation of the surcharge. As a part of that public process, the Administrator shall make available information concerning the need for and amount of the surcharge. If the Administrator decides to implement a surcharge, it shall take effect on the Administrator's proposed effective date, but no earlier than sixty days following the Administrator's filing of the proposed surcharge to the Commission for approval. ``(3)(A) Within 120 days after the effective date of the surcharge, the Commission shall approve, reject, or modify the surcharge and communicate its decision to the Administrator. In conducting its review, the Commission shall not consider the appropriateness of the cost recovery mechanism established by the Commission under paragraph (1). ``(B) If the Commission rejects or modifies the surcharge, the Commission may order the Administrator to refund, with interest, the portion of the surcharge the Commission found not justified or the Commission may authorize the Administrator to recover amounts from customers who underpaid or did not pay the surcharge. If the Commission orders modification of the Administrator's surcharge, such modified charge shall be effective on the date and for the time period specified by the Commission. ``(4) Any payment of power costs through application of transmission revenues collected by surcharge or otherwise shall be treated as a loan to the Administrator's power function. The Administrator shall repay the loan as soon as possible from power function revenues once the Administrator is able to meet the power cost recovery and Treasury repayment obligations on an annual basis using power revenues, and, to the extent practicable, refund such revenues to all transmission customers charged the surcharge. The borrowed revenues shall bear interest at a rate determined appropriate by the Commission.''. SEC. 824. CONFORMING AMENDMENTS. (a) Section 302(a)(1) of the Department of Energy Organization Act (42 U.S.C. 7152) is amended by-- (1) striking ``There'' and inserting in its place ``Except for the authority addressed in paragraph (G) below, there'', and (2) adding the following new subparagraph after subparagraph (E): ``(F) Authority for the approval, rejection, and modification of transmission rates for the Southwestern and Western Area Power Administrations is transferred to the Federal Energy Regulatory Commission.''. (b) Section 221 of the Reclamation Reform Act of 1982 (43 U.S.C. 390uu) is amended by-- (1) striking ``executed pursuant to Federal reclamation law'', and (2) inserting ``as defined in section 202 of this Act'' after ``contract''. TITLE IX--OTHER PROVISIONS SEC. 901. TREATMENT OF NUCLEAR DECOMMISSIONING COSTS IN BANKRUPTCY. Section 523 of title 11, United States Code (section 523 of the Bankruptcy Code of 1978), is amended by adding the following new subsection after subsection (e): ``(f) Obligations to comply with, and claims resulting from compliance with, Nuclear Regulatory Commission regulations or orders governing the decontamination and decommissioning of nuclear power reactors licensed under section 103 or 104 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2133 and 2134(b)) shall be given priority and shall not be rejected, avoided, or discharged under title 11 of the United States Code or in any liquidation, reorganization, receivership, or other insolvency proceeding under State or Federal law.''. SEC. 902. ENERGY INFORMATION ADMINISTRATION STUDY OF IMPACTS OF COMPETITION IN ELECTRICITY MARKETS. Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135) is amended by adding after subsection (1) the following new subsection: ``(m)(1) The Administrator shall collect and publish information regarding the impact of wholesale and retail competition on the electric power industry and consumers. The Administrator shall prescribe forms for collecting this information. Information to be collected may include, but is not limited to-- ``(A) the ownership and control of electric generation, transmission, distribution, and related facilities; ``(B) electricity consumption and demand; ``(C) the transmission, distribution, and delivery of electric services; ``(D) the price of competitive electric services; ``(E) the costs, revenues, and rates of regulated electric services; ``(F) the reliability of the electric generation and transmission system, including the availability of adequate generation and transmission capacity to meet load requirements, generation and transmission capacity additions and retirements, and fuel suppliers and stocks for electric generation; ``(G) electric energy efficiency programs and services and their impacts on energy consumption; ``(H) the development and use of renewable electric energy resources; and ``(I) research, development and demonstration activities to improve the nation's electric system. ``(2) In carrying out the purposes of this subsection, the Administrator shall take into account reporting burdens and the protection of proprietary information as required by law.''. SEC. 903. ANTITRUST SAVINGS CLAUSE. This Act and the amendments made by this Act shall not be construed to modify, impair, or supersede the operation of the antitrust laws. For purposes of this section, ``antitrust laws'' has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that it includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to the extent that section 5 applies to unfair methods of competition. SEC. 904. ELIMINATION OF ANTITRUST REVIEW BY THE NUCLEAR REGULATORY COMMISSION. Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by adding the following after subsection c.: ``d. Following the effective date of this subsection, subsection 105 c. shall not apply to any pending or future application filed for a license to construct or operate a utilization facility under sections 103 or 104 b. This Act shall not affect the Commission's authority to enforce antitrust conditions included in licenses issued under sections 103 or 104 b. before the date of enactment of this subsection.''. SEC. 905. ENVIRONMENTAL LAWS SAVINGS CLAUSE. Nothing in this Act alters or affects environmental requirements imposed by Federal or State law, including, but not limited to, the Clean Air Act (42 U.S.C. 7401 et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.); the Federal Power Act (16 U.S.C 791a et seq.); and the Endangered Species Act (16 U.S.C. 1531 et seq.). SEC. 906. GENERATING PLANT EFFICIENCY STUDY. Part C of title VI of the Department of Energy Organization Act is amended by adding after section 662, the following new section: ``generating plant efficiency study ``Sec. 663. Within three years following the date of enactment of this section, the Secretary shall issue a report comparing the impact of wholesale and retail competition on the efficiency of new and existing electric generating facilities.''. SEC. 907. CONFORMING AMENDMENTS. (a) The Table of Contents of PURPA is amended by-- (1) inserting after the listing for section 117 under subtitle B of title I: ``Sec. 118. Authority to impose reciprocity requirements. ``Sec. 119. Aggregation for purchase of retail electric energy. ``Sec. 119A. Consumer information disclosure. ``Sec. 119B. Access to electric service for low-income consumers. ``Sec. 119C. Residential electricity consumer database. ``Sec. 119D. Model code for retail suppliers. ``Sec. 119E. Model code for electric utility workers.'', and (2) inserting after the listing for section 608: ``Sec. 609. Retail competition. ``Sec. 610. Public Benefits Fund. ``Sec. 611. Federal renewable portfolio standard. ``Sec. 612. Net metering for renewable energy. ``Sec. 613. Interconnections for certain facilities.''. (b) The Table of Contents of the Energy Policy Act of 1992 is amended by inserting after the listing for section 2606: ``Sec. 2607. Tribal electricity assistance.''. (c) The Table of Contents of the Department of Energy Organization Act is amended by-- (1) inserting after the listing for section 212: ``Sec. 213. Office of Indian Energy Policy and Programs. ``Sec. 214. Electricity Outage Investigation Board.'', and (2) inserting after the listing for section 662: ``Sec. 663. Generating plant efficiency study.''. <all>

usgpo

2024-06-24T03:05:40.716088

BILLS-106hr1831ih

To authorize and request the President to award the Medal of Honor posthumously to Charles Richmond Metchear for his actions at Cienfuegos, Cuba during the Spanish-American War.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1831 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1831 To authorize and request the President to award the Medal of Honor posthumously to Charles Richmond Metchear for his actions at Cienfuegos, Cuba during the Spanish-American War. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 17, 1999 Mr. Meehan introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To authorize and request the President to award the Medal of Honor posthumously to Charles Richmond Metchear for his actions at Cienfuegos, Cuba during the Spanish-American War. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President is authorized and requested to award the Medal of Honor posthumously to Charles Richmond Metchear, of the Commonwealth of Massachusetts, for his actions as a crewmember of the U.S.S. Marblehead at Cienfuegos, Cuba during the Spanish-American War on May 11, 1898. Such an award may be made without regard to sections 6248 and 6250 of title 10, United States Code, and may be made in accordance with award criteria applicable at the time of the actions referred to in the first sentence. <all>

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2024-06-24T03:05:40.731566

BILLS-106hr1827ih

Government Waste Corrections Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1827 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1827 To improve the economy and efficiency of Government operations by requiring the use of recovery audits by Federal agencies. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 17, 1999 Mr. Burton of Indiana (for himself, Mr. Armey, and Mr. Ose) introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL To improve the economy and efficiency of Government operations by requiring the use of recovery audits by Federal agencies. 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 ``Government Waste Corrections Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) In private industry, overpayments to providers of goods and services occur for a variety of reasons, including duplicate payments, pricing errors, and missed cash discounts, rebates, or other allowances. The identification and recovery of such overpayments, commonly referred to as ``recovery auditing'', is an established private sector business practice with demonstrated large financial returns. On average, recovery audits in the private sector identify payment error rates of 0.1 percent of purchases audited and result in the recovery of $1,000,000 for each $1,000,000,000 of purchases. (2) Overpayments are a serious problem for Federal agencies, given the magnitude and complexity of Federal operations and documented and widespread financial management weaknesses. Federal agency overpayments waste tax dollars and detract from the efficiency and effectiveness of Federal operations by diverting resources from their intended uses. (3) Recovery auditing already has been employed successfully in limited areas of Federal activity. It has great potential for expansion to many other Federal agencies and activities, thereby resulting in the recovery of substantial amounts of overpayments annually. Limited recovery audits conducted to date have identified errors averaging 0.4 percent of Federal payments audited, or $4,000,000 for every $1,000,000,000 of payments. If fully implemented within the Federal Government, recovery auditing has the potential to recover billions of dollars in Federal overpayments annually. (b) Purposes.--The purposes of this Act are the following: (1) To require the use of recovery audits by Federal agencies. (2) To provide incentives and resources to improve Federal management practices with the goal of significantly reducing Federal overpayment rates and other waste and error in Federal programs. SEC. 3. ESTABLISHMENT OF RECOVERY AUDITS REQUIREMENT. (a) Establishment of Requirement.--Chapter 35 of title 31, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--RECOVERY AUDITS ``Sec. 3561. Definitions ``In this subchapter, the following definitions apply: ``(1) Director.--The term `Director' means the Director of the Office of Management and Budget. ``(2) Payment activity.--The term `payment activity' means an executive agency activity that entails making payments to-- ``(A) vendors or other entities that provide property or services for the direct benefit or use of an executive agency; or ``(B) entities that provide services or make payments on behalf of the Federal Government pursuant to contractual arrangements with an executive agency. ``(3) Recovery audit.--The term `recovery audit' means an auditing process to identify overpayments made by executive agencies to vendors and other commercial entities in connection with a payment activity, including overpayments that result from duplicate payments, pricing errors, failure to provide applicable discounts, rebates, or other applicable allowances, or charges or payments that are not authorized by law, regulation, or other applicable requirements. ``Sec. 3562. Recovery audit requirement ``(a) In General.--Except as provided in subsection (d), the head of each executive agency-- ``(1) shall conduct recovery audits with respect to each payment activity of the executive agency that expends $10,000,000 or more annually; and ``(2) may conduct recovery audits for any other payment activity of the executive agency. ``(b) Procedures.--In conducting recovery audits under this section, the head of an executive agency-- ``(1) shall give priority to the most recent payments; ``(2) shall implement this section in a manner designed to ensure the greatest financial benefit to the Government; and ``(3) may conduct recovery audits directly, by procuring performance of recovery audits by contract (subject to the availability of appropriations), or by any combination thereof. ``(c) Recovery Audit Contracts.-- ``(1) Executive agency authorities.--With respect to recovery audits procured by an executive agency by contract-- ``(A) notwithstanding section 3302(b) of this title, the executive agency head may pay the contractor an amount not to exceed 25 percent of the total amount recovered by the executive agency, through setoff and otherwise, solely on the basis of information obtained as a result of audits performed by the contractor under the contract; ``(B) the executive agency head may authorize the contractor (subject to subparagraph (C)) to notify entities of potential overpayments, to respond to questions concerning potential overpayments, and to take other administrative actions with respect to overpayment claims; and ``(C) subject to section 3711 of this title, the executive agency head shall have final authority to resolve disputes, to compromise or terminate overpayment claims, to collect by setoff, and to initiate litigation or referrals for litigation. ``(2) Contract terms and conditions.--The head of an executive agency shall include in each contract for procurement of performance of a recovery audit a requirement that the contractor shall-- ``(A) provide to the executive agency periodic reports on conditions giving rise to overpayments identified by the contractor and any recommendations on how to mitigate such conditions; and ``(B) notify the executive agency of any overpayments identified by the contractor pertaining to the executive agency or to another executive agency that are beyond the scope of the contract. ``(3) Executive agency action following notification.--The head of an executive agency shall take prompt and appropriate action in response to a notification by a contractor under subparagraph (A) or (B) of paragraph (2), including forwarding to other executive agencies any information that applies to them. ``(d) Exemptions.--The Director may exempt any executive agency payment activity from the requirement of subsection (a)(1) if the Director determines that conducting recovery audits for that payment activity would not be practical or cost-effective. ``Sec. 3563. Recovery audit model programs ``(a) In General.--The Director, after consulting with executive agency heads, shall designate not less than five recovery audit model programs. The designated model programs shall-- ``(1) reflect a representative range of executive agencies, program activities, and payment practices; and ``(2) continue for a period of at least one year. ``(b) Purpose.--The purpose of the model programs designated under this section is to stimulate and enhance recovery audits in the Federal Government by developing best practices and otherwise identifying ways to make recovery audits more effective. In designating the model programs, the Director shall ensure that the designated programs complement, and in no way preempt or delay, other Federal recovery audit activities. ``Sec. 3564. Disposition of amounts collected ``(a) In General.--Notwithstanding section 3302(b) of this title, amounts an executive agency collects, by setoff and otherwise, each fiscal year through recovery audits conducted under this subchapter shall be treated in accordance with this section. ``(b) Use for Recovery Audit Costs.--Not more than one quarter of the amounts collected by an executive agency through recovery audits shall be available to meet obligations to recovery audit contractors and to reimburse applicable appropriations for other recovery audit costs incurred by the executive agency. ``(c) Use for Management Improvement Program.--Not more than one half of the amounts collected by an executive agency through recovery audits-- ``(1) shall be available to the head of the executive agency to carry out the management improvement program of the agency under section 3565 of this title; ``(2) may be credited for that purpose by the agency head to any agency appropriations and funds that are available for obligation at the time of collection; and ``(3) shall remain available for the same period as the appropriation or fund to which credited. ``(d) Use for Original Purpose.--Not more than one quarter of the amounts collected-- ``(1) shall be credited to the appropriation or fund, if any, available for obligation at the time of collection for the same general purposes as the appropriation or fund from which the overpayment was made; and ``(2) shall remain available for the same period and purposes as the appropriation or fund to which credited. ``(e) Remainder.--Amounts collected that are not applied in accordance with subsection (b), (c), or (d) shall be deposited in the Treasury as miscellaneous receipts. ``(f) Limitation of Amounts.--In accordance with section 1512(d) of this title, the Director may reserve amounts made available to an executive agency under subsections (b) through (d) to the extent the Director determines that the full amounts otherwise available cannot be used productively for the purposes for which they are made available. ``Sec. 3565. Management improvement program ``(a) In General.-- ``(1) Requirement.--The head of each executive agency shall conduct a management improvement program, consistent with rules prescribed by the Director. ``(2) Program features.--In conducting the program, the head of the executive agency-- ``(A) shall, as the first priority of the program, address problems that contribute directly to agency overpayments; and ``(B) may seek to reduce errors and waste in other executive agency programs and operations by improving the executive agency's staff capacity, information technology, and financial management. ``(3) Integration with other activities.--The head of an executive agency-- ``(A) subject to subparagraph (B), may integrate the program under this section, in whole or in part, with other executive agency management improvement programs and activities; and ``(B) must retain the ability to account specifically for the use of amounts made available under section 3465(b) of this title. ``(b) Awards.-- ``(1) In general.--The head of an executive agency may, under the program under this section and subject to the availability of appropriations, pay cash awards to career employees of the executive agency who have made extraordinary contributions to improving the executive agency's operations in a way that demonstrably and substantially reduces waste and error by the executive agency. ``(2) Terms and conditions.--An award under this subsection shall be subject to the following terms and conditions: ``(A) An award may be granted to an individual employee or to a group of employees, in any amount not exceeding $150,000 for any individual. ``(B) The award must be based on a written determination by the executive agency head that the awardee (or the group of awardees, collectively) was directly and primarily responsible for actions that result in tangible cost savings to the executive agency of at least double the amount of the award. ``(C) The Director must concur in any award that exceeds $50,000 to any individual. ``(D) The awards shall be in addition to any pay and allowances to which an employee is otherwise entitled, and shall not affect an employee's eligibility for other bonuses and awards. ``(E) The award shall be subject to such additional terms and conditions as may be prescribed by the Director. ``(3) Career employee defined.--In this subsection the term `career employee' means any employee of an executive agency, other than-- ``(A) a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in section 3132(a) of title 5) in the Senior Executive Service; and ``(B) an employee in a position that has been excepted from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character. ``Sec. 3566. Responsibilities of the Office of Management and Budget ``(a) In General.--The Director shall be responsible for coordinating and overseeing the implementation of this subchapter. ``(b) Guidance.--In addition to the Director's specific responsibilities under this subchapter, the Director shall issue rules and provide support to agencies in implementing the subchapter. The Director shall issue initial rules not later than 90 days after the date of enactment of this subchapter. ``(c) Reports.-- ``(1) In general.--Not later than one year after the date of the enactment of this subchapter, and annually for each of the two years thereafter, the Director shall submit a report on implementation of the subchapter to the President, the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Appropriations of the House of Representatives and of the Senate. ``(2) Contents.--Each report shall include-- ``(A) a general description and evaluation of the steps taken by executive agencies to conduct recovery audits, including an inventory of the programs and activities of each executive agency that are subject to recovery audits; ``(B) a description of any exemptions from recovery audits made under section 3562(d) of this title; ``(C) a description and evaluation of the recovery audit model programs conducted under section 3563 of this title, that shall include-- ``(i) an assessment of the benefits of the programs; ``(ii) an identification of best practices from the programs that could be applied to other recovery audit activities; and ``(iii) an identification of any significant problems or barriers to more effective recovery audits that were experienced in the model programs; ``(D) a description of executive agency management improvement programs under section 3565 of this title, including a description of any awards under section 3565(b) of this title; and ``(E) any recommendations for changes in executive agency practices or law or other improvements that the Director believes would enhance the effectiveness of executive agency recovery auditing. ``Sec. 3567. General Accounting Office reports ``Not later than 60 days after issuance of each report under section 3566(c) of this title, the Comptroller General of the United States shall submit a report on the implementation of this subchapter to the Committee on Government Reform of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committee on Appropriations of the House of Representatives and of the Senate, and the Director.''. (b) Application to All Executive Agencies.--Section 3501 of title 31, United States Code, is amended by inserting ``and subchapter VI of this chapter'' after ``section 3513''. (c) Deadline for Initiation of Recovery Audits.--The head of each executive agency shall begin the first recovery auditing under section 3562 of title 31, United States Code, as amended by this section, by not later than 6 months after the date of the enactment of this Act. (d) Clerical Amendment.--The analysis at the beginning of chapter 35 of title 31, United States Code, is amended by adding at the end the following: ``SUBCHAPTER VI--RECOVERY AUDITS ``3561. Definitions. ``3562. Recovery audit requirement. ``3563. Recovery audit model programs. ``3564. Disposition of amounts collected. ``3565. Management improvement program. ``3566. Responsibilities of the Office of Management and Budget. ``3567. General Accounting Office reports. <all>

usgpo

2024-06-24T03:05:40.789149

BILLS-106hr1833rh

Trade Agency Authorizations, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1833 Reported in House (RH)] Union Calendar No. 89 106th CONGRESS 1st Session H. R. 1833 [Report No. 106-161] _______________________________________________________________________ A BILL To authorize appropriations for fiscal years 2000 and 2001 for the United States Customs Service for drug interdiction and other operations, for the Office of the United States Trade Representative, for the United States International Trade Commission, and for other purposes. _______________________________________________________________________ May 24, 1999 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Union Calendar No. 89 106th CONGRESS 1st Session H. R. 1833 [Report No. 106-161] To authorize appropriations for fiscal years 2000 and 2001 for the United States Customs Service for drug interdiction and other operations, for the Office of the United States Trade Representative, for the United States International Trade Commission, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Crane introduced the following bill; which was referred to the Committee on Ways and Means May 24, 1999 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on May 18, 1999] _______________________________________________________________________ A BILL To authorize appropriations for fiscal years 2000 and 2001 for the United States Customs Service for drug interdiction and other operations, for the Office of the United States Trade Representative, for the United States International Trade Commission, 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 ``Trade Agency Authorizations, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--UNITED STATES CUSTOMS SERVICE Subtitle A--Drug Enforcement and Other Noncommercial and Commercial Operations Sec. 101. Authorization of appropriations for noncommercial operations, commercial operations, and air and marine interdiction. Sec. 102. Illicit narcotics detection equipment for the United States- Mexico border, United States-Canada border, and Florida and the Gulf Coast seaports. Sec. 103. Peak hours and investigative resource enhancement for the United States-Mexico and United States- Canada borders. Sec. 104. Compliance with performance plan requirements. Subtitle B--Child Cyber-Smuggling Center of the Customs Service Sec. 111. Authorization of appropriations for program to prevent child pornography/child sexual exploitation. Subtitle C--Personnel Provisions Chapter 1--Overtime And Premium Pay of Officers of the Customs Service Sec. 121. Correction relating to fiscal year cap. Sec. 122. Correction relating to overtime pay. Sec. 123. Correction relating to premium pay. Sec. 124. Use of savings from payment of overtime and premium pay for additional overtime enforcement activities of the Customs Service. Sec. 125. Effective date. Chapter 2--Miscellaneous Provisions Sec. 131. Study and report relating to personnel practices of the Customs Service. Sec. 132. Pay of Commissioner of Customs. TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Sec. 201. Authorization of appropriations. TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION Sec. 301. Authorization of appropriations. TITLE I--UNITED STATES CUSTOMS SERVICE Subtitle A--Drug Enforcement and Other Noncommercial and Commercial Operations SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL OPERATIONS, COMMERCIAL OPERATIONS, AND AIR AND MARINE INTERDICTION. (a) Noncommercial Operations.--Section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) is amended-- (1) in subparagraph (A) to read as follows: ``(A) $999,563,000 for fiscal year 2000.''; and (2) in subparagraph (B) to read as follows: ``(B) $996,464,000 for fiscal year 2001.''. (b) Commercial Operations.-- (1) In general.--Section 301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)) is amended-- (A) in clause (i) to read as follows: ``(i) $1,154,359,000 for fiscal year 2000.''; and (B) in clause (ii) to read as follows: ``(ii) $1,194,534,000 for fiscal year 2001.''. (2) Reports.--Not later than 90 days after the date of the enactment of this Act, and not later than each subsequent 90- day period, the Commissioner of Customs shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report demonstrating that the development and establishment of the automated commercial environment computer system is being carried out in a cost-effective manner and meets the modernization requirements of title VI of the North American Free Trade Agreements Implementation Act. (c) Air and Marine Interdiction.--Section 301(b)(3) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) is amended-- (1) in subparagraph (A) to read as follows: ``(A) $109,413,000 for fiscal year 2000.''; and (2) in subparagraph (B) to read as follows: ``(B) $113,789,000 for fiscal year 2001.''. (d) Submission of Out-Year Budget Projections.--Section 301(a) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the following: ``(3) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the operations of the Customs Service as provided for in subsection (b).''. SEC. 102. ILLICIT NARCOTICS DETECTION EQUIPMENT FOR THE UNITED STATES- MEXICO BORDER, UNITED STATES-CANADA BORDER, AND FLORIDA AND THE GULF COAST SEAPORTS. (a) Fiscal Year 2000.--Of the amounts made available for fiscal year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a) of this Act, $90,244,000 shall be available until expended for acquisition and other expenses associated with implementation and deployment of illicit narcotics detection equipment along the United States-Mexico border, the United States-Canada border, and Florida and the Gulf Coast seaports, as follows: (1) United states-mexico border.--For the United States- Mexico border, the following: (A) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS). (B) $11,200,000 for 5 mobile truck x-rays with transmission and backscatter imaging. (C) $13,000,000 for the upgrade of 8 fixed-site truck x-rays from the present energy level of 450,000 electron volts to 1,000,000 electron volts (1-MeV). (D) $7,200,000 for 8 1-MeV pallet x-rays. (E) $1,000,000 for 200 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (F) $600,000 for 50 contraband detection kits to be distributed among all southwest border ports based on traffic volume. (G) $500,000 for 25 ultrasonic container inspection units to be distributed among all ports receiving liquid-filled cargo and to ports with a hazardous material inspection facility. (H) $2,450,000 for 7 automated targeting systems. (I) $360,000 for 30 rapid tire deflator systems to be distributed to those ports where port runners are a threat. (J) $480,000 for 20 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed. (K) $1,000,000 for 20 remote watch surveillance camera systems at ports where there are suspicious activities at loading docks, vehicle queues, secondary inspection lanes, or areas where visual surveillance or observation is obscured. (L) $1,254,000 for 57 weigh-in-motion sensors to be distributed among the ports with the greatest volume of outbound traffic. (M) $180,000 for 36 AM traffic information radio stations, with 1 station to be located at each border crossing. (N) $1,040,000 for 260 inbound vehicle counters to be installed at every inbound vehicle lane. (O) $950,000 for 38 spotter camera systems to counter the surveillance of customs inspection activities by persons outside the boundaries of ports where such surveillance activities are occurring. (P) $390,000 for 60 inbound commercial truck transponders to be distributed to all ports of entry. (Q) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to each border crossing. (R) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles. (2) United states-canada border.--For the United States- Canada border, the following: (A) $3,000,000 for 4 Vehicle and Container Inspection Systems (VACIS). (B) $8,800,000 for 4 mobile truck x-rays with transmission and backscatter imaging. (C) $3,600,000 for 4 1-MeV pallet x-rays. (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume. (F) $240,000 for 10 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed. (G) $400,000 for 10 narcotics vapor and particle detectors to be distributed to each border crossing based on traffic volume. (3) Florida and gulf coast seaports.--For Florida and the Gulf Coast seaports, the following: (A) $4,500,000 for 6 Vehicle and Container Inspection Systems (VACIS). (B) $11,800,000 for 5 mobile truck x-rays with transmission and backscatter imaging. (C) $7,200,000 for 8 1-MeV pallet x-rays. (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume. (b) Fiscal Year 2001.--Of the amounts made available for fiscal year 2001 under section 301(b)(1)(B) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section 101(a) of this Act, $8,924,500 shall be available until expended for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (a). (c) Acquisition of Technologically Superior Equipment; Transfer of Funds.-- (1) In general.--The Commissioner of Customs may use amounts made available for fiscal year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a) of this Act, for the acquisition of equipment other than the equipment described in subsection (a) if such other equipment-- (A)(i) is technologically superior to the equipment described in subsection (a); and (ii) will achieve at least the same results at a cost that is the same or less than the equipment described in subsection (a); or (B) can be obtained at a lower cost than the equipment described in subsection (a). (2) Transfer of funds.--Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of-- (A) the amount specified in any of subparagraphs (A) through (R) of subsection (a)(1) for equipment specified in any other of such subparagraphs (A) through (R); (B) the amount specified in any of subparagraphs (A) through (G) of subsection (a)(2) for equipment specified in any other of such subparagraphs (A) through (G); and (C) the amount specified in any of subparagraphs (A) through (E) of subsection (a)(3) for equipment specified in any other of such subparagraphs (A) through (E). SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT FOR THE UNITED STATES-MEXICO AND UNITED STATES-CANADA BORDERS. Of the amounts made available for fiscal years 2000 and 2001 under subparagraphs (A) and (B) of section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and (B)), as amended by section 101(a) of this Act, $127,644,584 for fiscal year 2000 and $184,110,928 for fiscal year 2001 shall be available for the following: (1) A net increase of 535 inspectors, 120 special agents, and 10 intelligence analysts for the United States-Mexico border and 375 inspectors for the United States-Canada border, in order to open all primary lanes on such borders during peak hours and enhance investigative resources. (2) A net increase of 285 inspectors and canine enforcement officers to be distributed at large cargo facilities as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times on the United States-Mexico border. (3) A net increase of 40 inspectors at sea ports in southeast Florida to process and screen cargo. (4) A net increase of 300 special agents, 30 intelligence analysts, and additional resources to be distributed among offices that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money- laundering organizations. (5) A net increase of 50 positions and additional resources to the Office of Internal Affairs to enhance investigative resources for anticorruption efforts. (6) The costs incurred as a result of the increase in personnel hired pursuant to this section. SEC. 104. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS. As part of the annual performance plan for each of the fiscal years 2000 and 2001 covering each program activity set forth in the budget of the United States Customs Service, as required under section 1115 of title 31, United States Code, the Commissioner of the Customs Service shall establish performance goals, performance indicators, and comply with all other requirements contained in paragraphs (1) through (6) of subsection (a) of such section with respect to each of the activities to be carried out pursuant to sections 111 and 112 of this Act. Subtitle B--Child Cyber-Smuggling Center of the Customs Service SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD PORNOGRAPHY/CHILD SEXUAL EXPLOITATION. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Customs Service $10,000,000 for fiscal year 2000 to carry out the program to prevent child pornography/child sexual exploitation established by the Child Cyber-Smuggling Center of the Customs Service. (b) Use of Amounts for Child Pornography Cyber Tipline.--Of the amount appropriated under subsection (a), the Customs Service shall provide 3.75 percent of such amount to the National Center for Missing and Exploited Children for the operation of the child pornography cyber tipline of the Center and for increased public awareness of the tipline. Subtitle C--Personnel Provisions CHAPTER 1--OVERTIME AND PREMIUM PAY OF OFFICERS OF THE CUSTOMS SERVICE SEC. 121. CORRECTION RELATING TO FISCAL YEAR CAP. Section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) is amended to read as follows: ``(1) Fiscal year cap.--The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) that a customs officer may be paid in any fiscal year may not exceed $30,000, except that-- ``(A) the Commissioner of Customs or his or her designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service; and ``(B) upon certification by the Commissioner of Customs to the Chairmen of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that the Customs Service has in operation a system that provides accurate and reliable data on a daily basis on overtime and premium pay that is being paid to customs officers, the Commissioner is authorized to pay any customs officer for one work assignment that would result in the overtime pay of that officer exceeding the $30,000 limitation imposed by this paragraph, in addition to any overtime pay that may be received pursuant to a waiver under subparagraph (A).''. SEC. 122. CORRECTION RELATING TO OVERTIME PAY. Section 5(a)(1) of the Act of February 13, 1911 (19 U.S.C. 267(a)(1)), is amended by inserting after the first sentence the following new sentences: ``Overtime pay provided under this subsection shall not be paid to any customs officer unless such officer actually performed work during the time corresponding to such overtime pay. The preceding sentence shall not apply with respect to the payment of an award or settlement to a customs officer who was unable to perform overtime work as a result of a personnel action in violation of section 5596 of title 5, United States Code, section 6(d) of the Fair Labor Standards Act of 1938, or title VII of the Civil Rights Act of 1964.''. SEC. 123. CORRECTION RELATING TO PREMIUM PAY. (a) In General.--Section 5(b)(4) of the Act of February 13, 1911 (19 U.S.C. 267(b)(4)), is amended by adding after the first sentence the following new sentences: ``Premium pay provided under this subsection shall not be paid to any customs officer unless such officer actually performed work during the time corresponding to such premium pay. The preceding sentence shall not apply with respect to the payment of an award or settlement to a customs officer who was unable to perform work during the time described in the preceding sentence as a result of a personnel action in violation of section 5596 of title 5, United States Code, section 6(d) of the Fair Labor Standards Act of 1938, or title VII of the Civil Rights Act of 1964.''. (b) Corrections Relating to Night Work Differential Pay.--Section 5(b)(1) of such Act (19 U.S.C. 267(b)(1)) is amended to read as follows: ``(1) Night work differential.-- ``(A) 6 p.m. to midnight.--If any hours of regularly scheduled work of a customs officer occur during the hours of 6 p.m. and 12 a.m., the officer is entitled to pay for such hours of work (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate. ``(B) Midnight to 6 a.m.--If any hours of regularly scheduled work of a customs officer occur during the hours of 12 a.m. and 6 a.m., the officer is entitled to pay for such hours of work (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate. ``(C) Midnight to 8 a.m.--If the regularly scheduled work of a customs officer is 12 a.m. to 8:00 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate.''. SEC. 124. USE OF SAVINGS FROM PAYMENT OF OVERTIME AND PREMIUM PAY FOR ADDITIONAL OVERTIME ENFORCEMENT ACTIVITIES OF THE CUSTOMS SERVICE. Section 5 of the Act of February 13, 1911 (19 U.S.C. 267), is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Use of Savings From Payment of Overtime and Premium Pay for Additional Overtime Enforcement Activities.-- ``(1) Use of amounts.--For fiscal year 1999 and each subsequent fiscal year, the Secretary of the Treasury-- ``(A) shall determine under paragraph (2) the amount of savings from the payment of overtime and premium pay to customs officers; and ``(B) shall use an amount from the Customs User Fee Account equal to such amount determined under paragraph (2) for additional overtime enforcement activities of the Customs Service. ``(2) Determination of savings amount.--For each fiscal year, the Secretary shall calculate an amount equal to the difference between-- ``(A) the estimated cost for overtime and premium pay that would have been incurred during that fiscal year if this section, as in effect on the day before the date of the enactment of sections 122 and 123 of the Trade Agency Authorization, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999, had governed such costs; and ``(B) the actual cost for overtime and premium pay that is incurred during that fiscal year under this section, as amended by sections 122 and 123 of the Trade Agency Authorization, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999.''. SEC. 125. EFFECTIVE DATE. This chapter, and the amendments made by this chapter, shall apply with respect to pay periods beginning on or after 15 days after the date of the enactment of this Act. CHAPTER 2--MISCELLANEOUS PROVISIONS SEC. 131. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE CUSTOMS SERVICE. (a) Study.--The Commissioner of Customs shall conduct a study of current personnel practices of the Customs Service, including an overview of performance standards and the effect and impact of the collective bargaining process on drug interdiction efforts of the Customs Service and a comparison of duty rotation policies of the Customs Service and other Federal agencies that employ similarly- situated personnel. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under subsection (a). SEC. 132. PAY OF COMMISSIONER OF CUSTOMS. Subchapter II of chapter 53 of subpart D of part III of title 5, United States Code, is amended-- (1) in section 5315, by striking the following: ``Commissioner of Customs, Department of the Treasury.''; and (2) in section 5314, by inserting at the end the following: ``Commissioner of Customs, Department of the Treasury.''. TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 141(g)(1) of the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``not to exceed the following'' and inserting ``as follows''; (B) in clause (i) to read as follows: ``(i) $26,501,000 for fiscal year 2000.''; and (C) in clause (ii) to read as follows: ``(ii) $26,501,000 for fiscal year 2001.''; and (2) in subparagraph (B)-- (A) in clause (i), by adding ``and'' at the end; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). (b) Submission of Out-Year Budget Projections.--Section 141(g) of the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended by adding at the end the following: ``(3) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Office to carry out its functions.''. TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended-- (1) in clause (i) to read as follows: ``(i) $47,200,000 for fiscal year 2000.''; and (2) in clause (ii) to read as follows: ``(ii) $49,750,000 for fiscal year 2001.''. (b) Submission of Out-Year Budget Projections.--Section 330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended by adding at the end the following: ``(4) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Commission to carry out its functions.''.

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2024-06-24T03:05:40.815851

BILLS-106hr1830ih

Unemployment Compensation Amendments of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1830 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1830 To enhance the Federal-State Extended Benefit program, to provide incentives to States to implement procedures that will expand eligibility for unemployment compensation, to strengthen administrative financing of the unemployment compensation program, to improve the solvency of State accounts in the Unemployment Trust Fund, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 17, 1999 Mr. Levin (for himself, Mr. English, Mr. Kleczka, Mr. Hilliard, Mr. Thompson of Mississippi, Mr. Kucinich, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To enhance the Federal-State Extended Benefit program, to provide incentives to States to implement procedures that will expand eligibility for unemployment compensation, to strengthen administrative financing of the unemployment compensation program, to improve the solvency of State accounts in the Unemployment Trust Fund, 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 ``Unemployment Compensation Amendments of 1999''. SEC. 2. AMENDMENTS TO EXTENDED BENEFIT PROGRAM. (a) Repeal of Certain State Law Requirements.--Section 202 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is amended-- (1) by striking paragraphs (3), (4), (5), (6), and (7) of subsection (a); and (2) by repealing subsection (c). (b) Establishment of Mandatory Triggers Based on Total Unemployment.-- (1) State `on' and `off' indicators.--Subsection (d) of section 203 of such Act is amended to read as follows: ``State `On' and `Off' Indicators ``(d) For purposes of this section-- ``(1) There is a State `on' indicator for a week if-- ``(A)(i) the average rate of total unemployment in such State (seasonally adjusted) for the period consisting of the most recent three months for which data for all States are published before the close of the week equals or exceeds 7.5 percent, and ``(ii) the average rate of total unemployment in such State (seasonally adjusted) for the 3-month period referred to in clause (i) equals or exceeds 110 percent of such average for either (or both) of the corresponding 3-month periods ending in the two preceding calendar years; or ``(B) the average rate of total unemployment for such State (seasonally adjusted) for the period consisting of the most recent 3 months for which data for all States are published before the close of the week equals or exceeds 10 percent. ``(2) There is a State `off' indicator for a week unless the requirements of subparagraph (A) or (B) of paragraph (1) are satisfied.''. (2) Determination of rates of total unemployment and insured unemployment.--Subsection (e) of section 203 of such Act is amended to read as follows: ``Determination of Rates of Total Unemployment and Insured Unemployment ``(e)(1) For purposes of this Act, determinations of the rate of total unemployment in any State for any period (and of any seasonal adjustments) shall be made by the Secretary. ``(2)(A) For purposes of subsection (f)(2), the rate of insured unemployment for any thirteen-week period shall be determined by reference to the average monthly covered employment under the State law for the first four of the most recent six calendar quarters ending before the close of such period. ``(B) For purposes of subsection (f)(2), the term `rate of insured unemployment' means the percentage arrived at by dividing-- ``(i) the average weekly number of individuals filing claims for regular compensation for weeks of unemployment with respect to the specified period, as determined on the basis of the reports made by the State agency to the Secretary, by ``(ii) the average monthly covered employment for the specified period. ``(C) Determinations under subsection (f)(2) shall be made by the State agency in accordance with regulations prescribed by the Secretary.''. (c) Requirements for Supplemental Benefits During High Unemployment Periods.-- (1) In general.--Subparagraph (B) of section 202(b)(3) of such Act is amended to read as follows: ``(B) For purposes of subparagraph (A), the term `high unemployment period' means any period during which an extended benefit period would be in effect if-- ``(i)(I) section 203(d)(1)(A)(i) were applied by substituting `10 percent' for `7.5 percent'; and ``(II) section 203(d)(1)(B) were applied by substituting `12.5 percent' for `10 percent'; and ``(ii) section 203(f)(1)(A)(i) were applied by substituting `8 percent' for `6.5 percent'.''. (2) Technical amendment.--Subsection (b) of section 202 of such Act is amended by moving the text of paragraph (3)(A) of such subsection 2 ems to the left. (d) Amendments to Alternative Trigger.--Section 203(f) of such Act is amended-- (1) in paragraph (1), by striking ``Effective with respect to compensation for weeks of employment beginning after March 6, 1993, the'' and inserting ``In lieu of applying the indicator specified in subsection (d)(1)(A), a''; (2) by amending paragraph (2) to read as follows: ``(2) A State may by law provide that, for the purpose of beginning or ending any extended period under this section, in addition to the indicators specified in subsection (d) and paragraph (1) of this subsection-- ``(A) there is a State `on' indicator for a week if the rate of insured unemployment under State law for the period consisting of such week and the immediately preceding twelve weeks equals or exceeds 6 percent; and ``(B) there is a State `off' indicator for a week if the requirement set forth in subparagraph (A) is not satisfied. Notwithstanding the provision of any State law described in this paragraph, any week for which there would otherwise be a State `on' indicator shall continue to be such a week and shall not be determined to be a week for which there is a State `off' indicator.''. SEC. 3. SPECIAL DISTRIBUTIONS TO THE STATES. Section 903(a)(3) of the Social Security Act (42 U.S.C. 1103(a)(3)) is amended-- (1) in subparagraph (A) by amending clauses (i) and (ii) to read as follows: ``(i) be subject to subparagraphs (B) and (C), to the extent such amounts are not in excess of the sum of-- ``(I) $20,000,000, plus ``(II) the amount determined by the Secretary of Labor to be the difference between the amount necessary for the proper and efficient administration of the unemployment compensation program for the succeeding fiscal year (taking into account workload and other appropriate factors) and $2,419,000,000, and ``(ii) be subject to subparagraph (D), to the extent such amounts are in excess of the sum of subclauses (I) and (II) of clause (i).''; (2) in subparagraph (B) by striking ``(A)(i)'' and inserting ``(A)(i)(II)''; (3) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), respectively; and (4) by inserting after subparagraph (A) the following new subparagraph: ``(B) The Secretary of Labor shall reserve the amount specified in subparagraph (A)(i)(I) (at the close of fiscal years 1999, 2000, and 2001) to award grants to the States in fiscal years 2000, 2001, and 2002 to assist in the implementation of alternative base periods for determining the eligibility of claimants. Such alternative base periods shall reduce the period of time between the end of the base period for a claimant and the filing of a claim for compensation. The amounts reserved pursuant to this subparagraph shall be available to the Secretary of Labor for obligation through fiscal year 2002.''. SEC. 4. SOLVENCY REQUIREMENTS. Section 903(b) of the Social Security Act (42 U.S.C. 1103(b)) is amended by adding at the end the following new paragraph: ``(3)(A) If the Secretary of Labor finds that, as of December 31, 2001, a State has not achieved, or made acceptable progress toward achieving, the solvency target established pursuant to subparagraph (B), then, subject to the limitation described in subparagraph (C), the amount available under this section for transfer to such State account for the succeeding fiscal year shall, in lieu of being so transferred, be transferred to the States meeting the requirements of this subsection. The transfers shall be made to such States based on the share of funds of each such State under subsection (a)(2), except that, for purposes of this subparagraph, the ratio under subsection (a)(2) shall be adjusted by excluding the wages attributable to the States failing to meet the requirements of this subparagraph. ``(B)(i) For December 31, 2001, the solvency target shall be an average high cost multiple of 1.0. For purposes of this subparagraph, the average high cost multiple represents the number of years a State could pay unemployment compensation (based on the reserve ratio of such State) if the State paid such compensation at a rate equivalent to the average benefit cost rate such State paid in the three calendar years during the preceding 20 calendar years (or, if longer, during the period consisting of the preceding three recessions as determined by the National Bureau of Economic Research) that the benefit cost rates were the highest. For purposes of making this determination-- ``(I) the term `reserve ratio' means the ratio determined by dividing the balance in the State account at the end of the calendar year by the total covered wages in the State for such year; ``(II) the term `benefit cost rate' means the rate determined by dividing the unemployment compensation paid during a calendar year by the total covered wages in the State for such year; and ``(III) the ratio and rates determined under subclauses (I) and (II) shall exclude the wages and unemployment compensation paid by employers covered under section 3309 of the Internal Revenue Code of 1986. ``(ii) For December 31, 2001, acceptable progress towards achieving the solvency target shall mean that a State has reduced any difference between 1.0 and the average high cost multiple of such State (if such multiple is less than 1.0) that the Secretary found to exist as of December 31, 1998, by an amount equal to or exceeding 5 percent of such difference. ``(iii) The Secretary may adjust the solvency target specified in clause (i), or the criteria for determining whether there is acceptable progress towards achieving the solvency target specified in clause (ii), for States that experience significant increases in unemployment during the period between December 31, 1998, and December 31, 2001. The Secretary shall establish objective criteria for making such adjustments. ``(iv) A State shall include, as part of the annual State plan relating to the administration of grants under this title, such information as the Secretary may request relating to the manner in which the State intends to achieve the solvency target established pursuant to this paragraph. ``(C) The requirements of subparagraph (A) shall apply to excess (referred to in subsection (a)(1)) remaining in the employment security account at the close of fiscal year 2002 that are equal to or less than $2,900,000,000. Such requirements shall not apply to any such excess amounts that are greater than $2,900,000,000.''. SEC. 5. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. (a) General Rule.--Section 3306 of the Internal Revenue Code of 1986 (26 U.S.C. 3306) is amended by adding at the end the following new subsection: ``(u) Short-Time Compensation Program.--For purposes of this chapter, the term `short-time compensation program' means a program under which-- ``(1) the participation of an employer is voluntary; ``(2) an employer reduces the number of hours worked by employees in lieu of temporary layoffs; ``(3) such employees whose workweeks have been reduced by at least 10 percent are eligible for unemployment compensation; ``(4) the amount of unemployment compensation payable to any such employee is a pro rata portion of the unemployment compensation which would be payable to the employee if such employee were totally unemployed; ``(5) such employees are not required to meet the availability for work or work search test requirements while collecting short-time compensation benefits, but are required to be available for their normal workweek; ``(6) eligible employees may participate in an employer- sponsored training program to enhance job skills if such program has been approved by the State agency; ``(7) the State agency may require an employer to continue to provide health benefits, and retirement benefits under a defined benefit pension plan (as defined in section 414(j)) to any employee whose workweek is reduced pursuant to the program as though the workweek of such employee had not been reduced; ``(8) the State agency may require an employer (or an employers' association which is party to a collective bargaining agreement) to submit a written plan describing the manner in which the requirements of this subsection will be implemented and containing such other information as the Secretary of Labor determines is appropriate; and ``(9) the program meets such other requirements as the Secretary of Labor determines are appropriate.''. (b) Conforming Amendments.-- (1) Subparagraph (E) of section 3304(a)(4) of such Code (26 U.S.C. 3304(a)(4)(E)) is amended to read as follows: ``(E) amounts may be withdrawn for the payment of short-time compensation under a short-time compensation program (as defined under section 3306(u));''. (2) Paragraph (5) of section 3306(f) of such Code (26 U.S.C. 3306(f)(5)) is amended to read as follows: ``(5) amounts may be withdrawn for the payment of short- time compensation under a short-time compensation program (as defined under subsection (u)); and''. (3) Section 303(a)(5) of the Social Security Act (42 U.S.C. 503(a)(5)) is amended by striking ``the payment of short-time compensation under a plan approved by the Secretary of Labor'' and inserting ``the payment of short-time compensation under a short-time compensation program (as defined in section 3306(u) of the Internal Revenue Code of 1986)''. SEC. 6. EFFECTIVE DATE. (a) In General.--Except as provided in subsection (b), the provisions of this Act shall take effect on the date of enactment of this Act. (b) Extended Benefit Amendments.-- (1) Except as provided in paragraph (2), the provisions of section 2 of this Act shall take effect for the weeks beginning on or after October 1, 2002. (2) Pursuant to the enactment of appropriate provisions of the State law, the provisions of section 2 may, with respect to such State, take effect for weeks which begin earlier than the weeks specified in paragraph (1), but not earlier than 60 days after the date of enactment of this Act. <all>

usgpo

2024-06-24T03:05:40.840600

BILLS-106hr1833eh

Trade Agency Authorizations, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1833 Engrossed in House (EH)] 1st Session H. R. 1833 _______________________________________________________________________ AN ACT To authorize appropriations for fiscal years 2000 and 2001 for the United States Customs Service for drug interdiction and other operations, for the Office of the United States Trade Representative, for the United States International Trade Commission, and for other purposes. 106th CONGRESS 1st Session H. R. 1833 _______________________________________________________________________ AN ACT To authorize appropriations for fiscal years 2000 and 2001 for the United States Customs Service for drug interdiction and other operations, for the Office of the United States Trade Representative, for the United States International Trade Commission, 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 ``Trade Agency Authorizations, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--UNITED STATES CUSTOMS SERVICE Subtitle A--Drug Enforcement and Other Noncommercial and Commercial Operations Sec. 101. Authorization of appropriations for noncommercial operations, commercial operations, and air and marine interdiction. Sec. 102. Illicit narcotics detection equipment for the United States- Mexico border, United States-Canada border, and Florida and the Gulf Coast seaports. Sec. 103. Peak hours and investigative resource enhancement for the United States-Mexico and United States- Canada borders. Sec. 104. Compliance with performance plan requirements. Subtitle B--Child Cyber-Smuggling Center of the Customs Service Sec. 111. Authorization of appropriations for program to prevent child pornography/child sexual exploitation. Subtitle C--Personnel Provisions Chapter 1--Overtime And Premium Pay of Officers of the Customs Service Sec. 121. Correction relating to fiscal year cap. Sec. 122. Correction relating to overtime pay. Sec. 123. Correction relating to premium pay. Sec. 124. Use of savings from payment of overtime and premium pay for additional overtime enforcement activities of the Customs Service. Sec. 125. Effective date. Chapter 2--Miscellaneous Provisions Sec. 131. Study and report relating to personnel practices of the Customs Service. TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Sec. 201. Authorization of appropriations. TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION Sec. 301. Authorization of appropriations. TITLE I--UNITED STATES CUSTOMS SERVICE Subtitle A--Drug Enforcement and Other Noncommercial and Commercial Operations SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL OPERATIONS, COMMERCIAL OPERATIONS, AND AIR AND MARINE INTERDICTION. (a) Noncommercial Operations.--Section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) is amended-- (1) in subparagraph (A) to read as follows: ``(A) $999,563,000 for fiscal year 2000.''; and (2) in subparagraph (B) to read as follows: ``(B) $996,464,000 for fiscal year 2001.''. (b) Commercial Operations.-- (1) In general.--Section 301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)) is amended-- (A) in clause (i) to read as follows: ``(i) $1,154,359,000 for fiscal year 2000.''; and (B) in clause (ii) to read as follows: ``(ii) $1,194,534,000 for fiscal year 2001.''. (2) Reports.--Not later than 90 days after the date of the enactment of this Act, and not later than each subsequent 90- day period, the Commissioner of Customs shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report demonstrating that the development and establishment of the automated commercial environment computer system is being carried out in a cost-effective manner and meets the modernization requirements of title VI of the North American Free Trade Agreements Implementation Act. (c) Air and Marine Interdiction.--Section 301(b)(3) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) is amended-- (1) in subparagraph (A) to read as follows: ``(A) $109,413,000 for fiscal year 2000.''; and (2) in subparagraph (B) to read as follows: ``(B) $113,789,000 for fiscal year 2001.''. (d) Submission of Out-Year Budget Projections.--Section 301(a) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the following: ``(3) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the operations of the Customs Service as provided for in subsection (b).''. SEC. 102. ILLICIT NARCOTICS DETECTION EQUIPMENT FOR THE UNITED STATES- MEXICO BORDER, UNITED STATES-CANADA BORDER, AND FLORIDA AND THE GULF COAST SEAPORTS. (a) Fiscal Year 2000.--Of the amounts made available for fiscal year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a) of this Act, $90,244,000 shall be available until expended for acquisition and other expenses associated with implementation and deployment of illicit narcotics detection equipment along the United States-Mexico border, the United States-Canada border, and Florida and the Gulf Coast seaports, as follows: (1) United states-mexico border.--For the United States- Mexico border, the following: (A) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS). (B) $11,200,000 for 5 mobile truck x-rays with transmission and backscatter imaging. (C) $13,000,000 for the upgrade of 8 fixed-site truck x-rays from the present energy level of 450,000 electron volts to 1,000,000 electron volts (1-MeV). (D) $7,200,000 for 8 1-MeV pallet x-rays. (E) $1,000,000 for 200 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (F) $600,000 for 50 contraband detection kits to be distributed among all southwest border ports based on traffic volume. (G) $500,000 for 25 ultrasonic container inspection units to be distributed among all ports receiving liquid-filled cargo and to ports with a hazardous material inspection facility. (H) $2,450,000 for 7 automated targeting systems. (I) $360,000 for 30 rapid tire deflator systems to be distributed to those ports where port runners are a threat. (J) $480,000 for 20 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed. (K) $1,000,000 for 20 remote watch surveillance camera systems at ports where there are suspicious activities at loading docks, vehicle queues, secondary inspection lanes, or areas where visual surveillance or observation is obscured. (L) $1,254,000 for 57 weigh-in-motion sensors to be distributed among the ports with the greatest volume of outbound traffic. (M) $180,000 for 36 AM traffic information radio stations, with 1 station to be located at each border crossing. (N) $1,040,000 for 260 inbound vehicle counters to be installed at every inbound vehicle lane. (O) $950,000 for 38 spotter camera systems to counter the surveillance of customs inspection activities by persons outside the boundaries of ports where such surveillance activities are occurring. (P) $390,000 for 60 inbound commercial truck transponders to be distributed to all ports of entry. (Q) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to each border crossing. (R) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles. (2) United states-canada border.--For the United States- Canada border, the following: (A) $3,000,000 for 4 Vehicle and Container Inspection Systems (VACIS). (B) $8,800,000 for 4 mobile truck x-rays with transmission and backscatter imaging. (C) $3,600,000 for 4 1-MeV pallet x-rays. (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume. (F) $240,000 for 10 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed. (G) $400,000 for 10 narcotics vapor and particle detectors to be distributed to each border crossing based on traffic volume. (3) Florida and gulf coast seaports.--For Florida and the Gulf Coast seaports, the following: (A) $4,500,000 for 6 Vehicle and Container Inspection Systems (VACIS). (B) $11,800,000 for 5 mobile truck x-rays with transmission and backscatter imaging. (C) $7,200,000 for 8 1-MeV pallet x-rays. (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume. (b) Fiscal Year 2001.--Of the amounts made available for fiscal year 2001 under section 301(b)(1)(B) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section 101(a) of this Act, $8,924,500 shall be available until expended for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (a). (c) Acquisition of Technologically Superior Equipment; Transfer of Funds.-- (1) In general.--The Commissioner of Customs may use amounts made available for fiscal year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a) of this Act, for the acquisition of equipment other than the equipment described in subsection (a) if such other equipment-- (A)(i) is technologically superior to the equipment described in subsection (a); and (ii) will achieve at least the same results at a cost that is the same or less than the equipment described in subsection (a); or (B) can be obtained at a lower cost than the equipment described in subsection (a). (2) Transfer of funds.--Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of-- (A) the amount specified in any of subparagraphs (A) through (R) of subsection (a)(1) for equipment specified in any other of such subparagraphs (A) through (R); (B) the amount specified in any of subparagraphs (A) through (G) of subsection (a)(2) for equipment specified in any other of such subparagraphs (A) through (G); and (C) the amount specified in any of subparagraphs (A) through (E) of subsection (a)(3) for equipment specified in any other of such subparagraphs (A) through (E). SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT FOR THE UNITED STATES-MEXICO AND UNITED STATES-CANADA BORDERS. Of the amounts made available for fiscal years 2000 and 2001 under subparagraphs (A) and (B) of section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and (B)), as amended by section 101(a) of this Act, $127,644,584 for fiscal year 2000 and $184,110,928 for fiscal year 2001 shall be available for the following: (1) A net increase of 535 inspectors, 120 special agents, and 10 intelligence analysts for the United States-Mexico border and 375 inspectors for the United States-Canada border, in order to open all primary lanes on such borders during peak hours and enhance investigative resources. (2) A net increase of 285 inspectors and canine enforcement officers to be distributed at large cargo facilities as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times on the United States-Mexico border. (3) A net increase of 40 inspectors at sea ports in southeast Florida to process and screen cargo. (4) A net increase of 300 special agents, 30 intelligence analysts, and additional resources to be distributed among offices that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money- laundering organizations. (5) A net increase of 50 positions and additional resources to the Office of Internal Affairs to enhance investigative resources for anticorruption efforts. (6) The costs incurred as a result of the increase in personnel hired pursuant to this section. SEC. 104. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS. As part of the annual performance plan for each of the fiscal years 2000 and 2001 covering each program activity set forth in the budget of the United States Customs Service, as required under section 1115 of title 31, United States Code, the Commissioner of the Customs Service shall establish performance goals, performance indicators, and comply with all other requirements contained in paragraphs (1) through (6) of subsection (a) of such section with respect to each of the activities to be carried out pursuant to sections 111 and 112 of this Act. Subtitle B--Child Cyber-Smuggling Center of the Customs Service SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD PORNOGRAPHY/CHILD SEXUAL EXPLOITATION. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Customs Service $10,000,000 for fiscal year 2000 to carry out the program to prevent child pornography/child sexual exploitation established by the Child Cyber-Smuggling Center of the Customs Service. (b) Use of Amounts for Child Pornography Cyber Tipline.--Of the amount appropriated under subsection (a), the Customs Service shall provide 3.75 percent of such amount to the National Center for Missing and Exploited Children for the operation of the child pornography cyber tipline of the Center and for increased public awareness of the tipline. Subtitle C--Personnel Provisions CHAPTER 1--OVERTIME AND PREMIUM PAY OF OFFICERS OF THE CUSTOMS SERVICE SEC. 121. CORRECTION RELATING TO FISCAL YEAR CAP. Section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) is amended to read as follows: ``(1) Fiscal year cap.--The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) that a customs officer may be paid in any fiscal year may not exceed $30,000, except that-- ``(A) the Commissioner of Customs or his or her designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service; and ``(B) upon certification by the Commissioner of Customs to the Chairmen of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that the Customs Service has in operation a system that provides accurate and reliable data on a daily basis on overtime and premium pay that is being paid to customs officers, the Commissioner is authorized to pay any customs officer for one work assignment that would result in the overtime pay of that officer exceeding the $30,000 limitation imposed by this paragraph, in addition to any overtime pay that may be received pursuant to a waiver under subparagraph (A).''. SEC. 122. CORRECTION RELATING TO OVERTIME PAY. Section 5(a)(1) of the Act of February 13, 1911 (19 U.S.C. 267(a)(1)), is amended by inserting after the first sentence the following new sentences: ``Overtime pay provided under this subsection shall not be paid to any customs officer unless such officer actually performed work during the time corresponding to such overtime pay. The preceding sentence shall not apply with respect to the payment of an award or settlement to a customs officer who was unable to perform overtime work as a result of a personnel action in violation of section 5596 of title 5, United States Code, section 6(d) of the Fair Labor Standards Act of 1938, or title VII of the Civil Rights Act of 1964.''. SEC. 123. CORRECTION RELATING TO PREMIUM PAY. (a) In General.--Section 5(b)(4) of the Act of February 13, 1911 (19 U.S.C. 267(b)(4)), is amended by adding after the first sentence the following new sentences: ``Premium pay provided under this subsection shall not be paid to any customs officer unless such officer actually performed work during the time corresponding to such premium pay. The preceding sentence shall not apply with respect to the payment of an award or settlement to a customs officer who was unable to perform work during the time described in the preceding sentence as a result of a personnel action in violation of section 5596 of title 5, United States Code, section 6(d) of the Fair Labor Standards Act of 1938, or title VII of the Civil Rights Act of 1964.''. (b) Corrections Relating to Night Work Differential Pay.--Section 5(b)(1) of such Act (19 U.S.C. 267(b)(1)) is amended to read as follows: ``(1) Night work differential.-- ``(A) 6 p.m. to midnight.--If any hours of regularly scheduled work of a customs officer occur during the hours of 6 p.m. and 12 a.m., the officer is entitled to pay for such hours of work (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate. ``(B) Midnight to 6 a.m.--If any hours of regularly scheduled work of a customs officer occur during the hours of 12 a.m. and 6 a.m., the officer is entitled to pay for such hours of work (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate. ``(C) Midnight to 8 a.m.--If the regularly scheduled work of a customs officer is 12 a.m. to 8:00 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate.''. SEC. 124. USE OF SAVINGS FROM PAYMENT OF OVERTIME AND PREMIUM PAY FOR ADDITIONAL OVERTIME ENFORCEMENT ACTIVITIES OF THE CUSTOMS SERVICE. Section 5 of the Act of February 13, 1911 (19 U.S.C. 267), is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Use of Savings From Payment of Overtime and Premium Pay for Additional Overtime Enforcement Activities.-- ``(1) Use of amounts.--For fiscal year 1999 and each subsequent fiscal year, the Secretary of the Treasury-- ``(A) shall determine under paragraph (2) the amount of savings from the payment of overtime and premium pay to customs officers; and ``(B) shall use an amount from the Customs User Fee Account equal to such amount determined under paragraph (2) for additional overtime enforcement activities of the Customs Service. ``(2) Determination of savings amount.--For each fiscal year, the Secretary shall calculate an amount equal to the difference between-- ``(A) the estimated cost for overtime and premium pay that would have been incurred during that fiscal year if this section, as in effect on the day before the date of the enactment of sections 122 and 123 of the Trade Agency Authorization, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999, had governed such costs; and ``(B) the actual cost for overtime and premium pay that is incurred during that fiscal year under this section, as amended by sections 122 and 123 of the Trade Agency Authorization, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999.''. SEC. 125. EFFECTIVE DATE. This chapter, and the amendments made by this chapter, shall apply with respect to pay periods beginning on or after 15 days after the date of the enactment of this Act. CHAPTER 2--MISCELLANEOUS PROVISIONS SEC. 131. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE CUSTOMS SERVICE. (a) Study.--The Commissioner of Customs shall conduct a study of current personnel practices of the Customs Service, including an overview of performance standards and the effect and impact of the collective bargaining process on drug interdiction efforts of the Customs Service and a comparison of duty rotation policies of the Customs Service and other Federal agencies that employ similarly- situated personnel. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under subsection (a). TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 141(g)(1) of the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``not to exceed the following'' and inserting ``as follows''; (B) in clause (i) to read as follows: ``(i) $26,501,000 for fiscal year 2000.''; and (C) in clause (ii) to read as follows: ``(ii) $26,501,000 for fiscal year 2001.''; and (2) in subparagraph (B)-- (A) in clause (i), by adding ``and'' at the end; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). (b) Submission of Out-Year Budget Projections.--Section 141(g) of the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended by adding at the end the following: ``(3) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Office to carry out its functions.''. TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended-- (1) in clause (i) to read as follows: ``(i) $47,200,000 for fiscal year 2000.''; and (2) in clause (ii) to read as follows: ``(ii) $49,750,000 for fiscal year 2001.''. (b) Submission of Out-Year Budget Projections.--Section 330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended by adding at the end the following: ``(4) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Commission to carry out its functions.''. Passed the House of Representatives May 25, 1999. Attest: Clerk.

usgpo

2024-06-24T03:05:41.002921

BILLS-106hr1837ih

Medicare Rehabilitation Benefit Improvement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1837 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1837 To amend title XVIII of the Social Security Act to provide certain Medicare beneficiaries with an exemption to the financial limitations imposed on physical, speech-language pathology, and occupational therapy services under part B of the Medicare Program, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Burr of North Carolina (for himself, Mr. Cardin, Mr. McCrery, and Mr. Pallone) 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 title XVIII of the Social Security Act to provide certain Medicare beneficiaries with an exemption to the financial limitations imposed on physical, speech-language pathology, and occupational therapy services under part B of the Medicare 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. This Act may be cited as the ``Medicare Rehabilitation Benefit Improvement Act of 1999''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To provide certain medicare beneficiaries with an exemption to the financial limitations imposed on physical, speech-language pathology, and occupational therapy services under section 1833(g) of the Social Security Act (42 U.S.C. 1395l(g)). (2) To direct the Secretary of Health and Human Services to conduct a study on the implementation of such exemption and to submit a report to Congress that includes recommendations regarding alternatives to such financial limitations. SEC. 3. ESTABLISHMENT OF EXEMPTION TO CAP ON PHYSICAL, SPEECH-LANGUAGE PATHOLOGY, AND OCCUPATIONAL THERAPY SERVICES. (a) In General.--Section 1833(g) of the Social Security Act (42 U.S.C. 1395l(g)) is amended by adding at the end the following: ``(4)(A) The limitations in this subsection shall not apply to an individual described in subparagraph (B). ``(B) An individual described in this subparagraph is an individual that meets any of the following criteria: ``(i) The individual has received services described in paragraph (1) or (3) in a calendar year and is subsequently diagnosed with an illness, injury, or disability that requires the provision in such year of additional such services that are medically necessary. ``(ii) The individual has a diagnosis that requires the provision of services described in paragraph (1) or (3) and an additional diagnosis or incident that exacerbates the individual's condition, thereby requiring the provision of additional such services. ``(iii) The individual will require hospitalization if the individual does not receive the services described in paragraph (1) or (3). ``(iv) The individual meets other criteria that the Secretary determines are appropriate. ``(C) Nothing in this paragraph shall be construed as affecting any requirement for, or limitation on, payment under this title (other than the financial limitation under this subsection). ``(D) Any service that is covered under this title by reason of this paragraph shall be subject to the same reasonable and necessary requirement under section 1862(a)(1) that is applicable to the services described in paragraph (1) or (3) that are covered under this title without regard to this paragraph.''. (b) Conforming Amendments.--Paragraphs (1) and (3) of section 1833(g) of the Social Security Act (42 U.S.C. 1395l(g)) are each amended by striking ``In the case'' and inserting ``Subject to paragraph (4), in the case''. (c) Effective Date.--The amendments made by this section shall apply to services provided on or after the date of enactment of this Act. SEC. 4. STUDY AND REPORT TO CONGRESS. (a) Study.--The Secretary of Health and Human Services shall conduct a study on the amendments to section 1833(g) of the Social Security Act (42 U.S.C. 1395l(g)) made by section 3 of this Act, including a study of-- (1) the number of medicare beneficiaries that receive exemptions under paragraph (4) of such section (as added by section 3); (2) the diagnoses of such beneficiaries; (3) the types of physical, speech-language pathology, and occupational therapy services that are covered under the medicare program because of such exemptions; (4) the settings in which such services are provided; and (5) the number of medicare beneficiaries that reach the financial limitation under section 1833(g) of the Social Security Act in a year (without regard to the amendments to such section made by section 3 of this Act) and subsequently receive physical, speech-language pathology, or occupational therapy services in such year at an outpatient hospital department. (b) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a detailed report to Congress on the study conducted pursuant to paragraph (1), and shall include in the report recommendations regarding alternatives to the financial limitations on physical, speech-language pathology, and occupational therapy services under section 1833(g) of the Social Security Act and any other recommendations determined appropriate by the Secretary. Such report shall be included in the report required to be submitted to Congress pursuant to section 4541(d)(2) of the Balanced Budget Act of 1997 (42 U.S.C. 1395l note). <all>

usgpo

2024-06-24T03:05:41.240945

BILLS-106hr1833rfs

Trade Agency Authorizations, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1833 Referred in Senate (RFS)] 1st Session H. R. 1833 _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 27, 1999 Recieved; read twice and referred to the Committee on Finance _______________________________________________________________________ AN ACT To authorize appropriations for fiscal years 2000 and 2001 for the United States Customs Service for drug interdiction and other operations, for the Office of the United States Trade Representative, for the United States International Trade Commission, 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 ``Trade Agency Authorizations, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999''. SEC. 2. TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--UNITED STATES CUSTOMS SERVICE Subtitle A--Drug Enforcement and Other Noncommercial and Commercial Operations Sec. 101. Authorization of appropriations for noncommercial operations, commercial operations, and air and marine interdiction. Sec. 102. Illicit narcotics detection equipment for the United States- Mexico border, United States-Canada border, and Florida and the Gulf Coast seaports. Sec. 103. Peak hours and investigative resource enhancement for the United States-Mexico and United States- Canada borders. Sec. 104. Compliance with performance plan requirements. Subtitle B--Child Cyber-Smuggling Center of the Customs Service Sec. 111. Authorization of appropriations for program to prevent child pornography/child sexual exploitation. Subtitle C--Personnel Provisions Chapter 1--Overtime And Premium Pay of Officers of the Customs Service Sec. 121. Correction relating to fiscal year cap. Sec. 122. Correction relating to overtime pay. Sec. 123. Correction relating to premium pay. Sec. 124. Use of savings from payment of overtime and premium pay for additional overtime enforcement activities of the Customs Service. Sec. 125. Effective date. Chapter 2--Miscellaneous Provisions Sec. 131. Study and report relating to personnel practices of the Customs Service. TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE Sec. 201. Authorization of appropriations. TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION Sec. 301. Authorization of appropriations. TITLE I--UNITED STATES CUSTOMS SERVICE Subtitle A--Drug Enforcement and Other Noncommercial and Commercial Operations SEC. 101. AUTHORIZATION OF APPROPRIATIONS FOR NONCOMMERCIAL OPERATIONS, COMMERCIAL OPERATIONS, AND AIR AND MARINE INTERDICTION. (a) Noncommercial Operations.--Section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)) is amended-- (1) in subparagraph (A) to read as follows: ``(A) $999,563,000 for fiscal year 2000.''; and (2) in subparagraph (B) to read as follows: ``(B) $996,464,000 for fiscal year 2001.''. (b) Commercial Operations.-- (1) In general.--Section 301(b)(2)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(2)(A)) is amended-- (A) in clause (i) to read as follows: ``(i) $1,154,359,000 for fiscal year 2000.''; and (B) in clause (ii) to read as follows: ``(ii) $1,194,534,000 for fiscal year 2001.''. (2) Reports.--Not later than 90 days after the date of the enactment of this Act, and not later than each subsequent 90- day period, the Commissioner of Customs shall prepare and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report demonstrating that the development and establishment of the automated commercial environment computer system is being carried out in a cost-effective manner and meets the modernization requirements of title VI of the North American Free Trade Agreements Implementation Act. (c) Air and Marine Interdiction.--Section 301(b)(3) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(3)) is amended-- (1) in subparagraph (A) to read as follows: ``(A) $109,413,000 for fiscal year 2000.''; and (2) in subparagraph (B) to read as follows: ``(B) $113,789,000 for fiscal year 2001.''. (d) Submission of Out-Year Budget Projections.--Section 301(a) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(a)) is amended by adding at the end the following: ``(3) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the operations of the Customs Service as provided for in subsection (b).''. SEC. 102. ILLICIT NARCOTICS DETECTION EQUIPMENT FOR THE UNITED STATES- MEXICO BORDER, UNITED STATES-CANADA BORDER, AND FLORIDA AND THE GULF COAST SEAPORTS. (a) Fiscal Year 2000.--Of the amounts made available for fiscal year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a) of this Act, $90,244,000 shall be available until expended for acquisition and other expenses associated with implementation and deployment of illicit narcotics detection equipment along the United States-Mexico border, the United States-Canada border, and Florida and the Gulf Coast seaports, as follows: (1) United states-mexico border.--For the United States- Mexico border, the following: (A) $6,000,000 for 8 Vehicle and Container Inspection Systems (VACIS). (B) $11,200,000 for 5 mobile truck x-rays with transmission and backscatter imaging. (C) $13,000,000 for the upgrade of 8 fixed-site truck x-rays from the present energy level of 450,000 electron volts to 1,000,000 electron volts (1-MeV). (D) $7,200,000 for 8 1-MeV pallet x-rays. (E) $1,000,000 for 200 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (F) $600,000 for 50 contraband detection kits to be distributed among all southwest border ports based on traffic volume. (G) $500,000 for 25 ultrasonic container inspection units to be distributed among all ports receiving liquid-filled cargo and to ports with a hazardous material inspection facility. (H) $2,450,000 for 7 automated targeting systems. (I) $360,000 for 30 rapid tire deflator systems to be distributed to those ports where port runners are a threat. (J) $480,000 for 20 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed. (K) $1,000,000 for 20 remote watch surveillance camera systems at ports where there are suspicious activities at loading docks, vehicle queues, secondary inspection lanes, or areas where visual surveillance or observation is obscured. (L) $1,254,000 for 57 weigh-in-motion sensors to be distributed among the ports with the greatest volume of outbound traffic. (M) $180,000 for 36 AM traffic information radio stations, with 1 station to be located at each border crossing. (N) $1,040,000 for 260 inbound vehicle counters to be installed at every inbound vehicle lane. (O) $950,000 for 38 spotter camera systems to counter the surveillance of customs inspection activities by persons outside the boundaries of ports where such surveillance activities are occurring. (P) $390,000 for 60 inbound commercial truck transponders to be distributed to all ports of entry. (Q) $1,600,000 for 40 narcotics vapor and particle detectors to be distributed to each border crossing. (R) $400,000 for license plate reader automatic targeting software to be installed at each port to target inbound vehicles. (2) United states-canada border.--For the United States- Canada border, the following: (A) $3,000,000 for 4 Vehicle and Container Inspection Systems (VACIS). (B) $8,800,000 for 4 mobile truck x-rays with transmission and backscatter imaging. (C) $3,600,000 for 4 1-MeV pallet x-rays. (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume. (F) $240,000 for 10 portable Treasury Enforcement Communications Systems (TECS) terminals to be moved among ports as needed. (G) $400,000 for 10 narcotics vapor and particle detectors to be distributed to each border crossing based on traffic volume. (3) Florida and gulf coast seaports.--For Florida and the Gulf Coast seaports, the following: (A) $4,500,000 for 6 Vehicle and Container Inspection Systems (VACIS). (B) $11,800,000 for 5 mobile truck x-rays with transmission and backscatter imaging. (C) $7,200,000 for 8 1-MeV pallet x-rays. (D) $250,000 for 50 portable contraband detectors (busters) to be distributed among ports where the current allocations are inadequate. (E) $300,000 for 25 contraband detection kits to be distributed among ports based on traffic volume. (b) Fiscal Year 2001.--Of the amounts made available for fiscal year 2001 under section 301(b)(1)(B) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(B)), as amended by section 101(a) of this Act, $8,924,500 shall be available until expended for the maintenance and support of the equipment and training of personnel to maintain and support the equipment described in subsection (a). (c) Acquisition of Technologically Superior Equipment; Transfer of Funds.-- (1) In general.--The Commissioner of Customs may use amounts made available for fiscal year 2000 under section 301(b)(1)(A) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A)), as amended by section 101(a) of this Act, for the acquisition of equipment other than the equipment described in subsection (a) if such other equipment-- (A)(i) is technologically superior to the equipment described in subsection (a); and (ii) will achieve at least the same results at a cost that is the same or less than the equipment described in subsection (a); or (B) can be obtained at a lower cost than the equipment described in subsection (a). (2) Transfer of funds.--Notwithstanding any other provision of this section, the Commissioner of Customs may reallocate an amount not to exceed 10 percent of-- (A) the amount specified in any of subparagraphs (A) through (R) of subsection (a)(1) for equipment specified in any other of such subparagraphs (A) through (R); (B) the amount specified in any of subparagraphs (A) through (G) of subsection (a)(2) for equipment specified in any other of such subparagraphs (A) through (G); and (C) the amount specified in any of subparagraphs (A) through (E) of subsection (a)(3) for equipment specified in any other of such subparagraphs (A) through (E). SEC. 103. PEAK HOURS AND INVESTIGATIVE RESOURCE ENHANCEMENT FOR THE UNITED STATES-MEXICO AND UNITED STATES-CANADA BORDERS. Of the amounts made available for fiscal years 2000 and 2001 under subparagraphs (A) and (B) of section 301(b)(1) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075(b)(1)(A) and (B)), as amended by section 101(a) of this Act, $127,644,584 for fiscal year 2000 and $184,110,928 for fiscal year 2001 shall be available for the following: (1) A net increase of 535 inspectors, 120 special agents, and 10 intelligence analysts for the United States-Mexico border and 375 inspectors for the United States-Canada border, in order to open all primary lanes on such borders during peak hours and enhance investigative resources. (2) A net increase of 285 inspectors and canine enforcement officers to be distributed at large cargo facilities as needed to process and screen cargo (including rail cargo) and reduce commercial waiting times on the United States-Mexico border. (3) A net increase of 40 inspectors at sea ports in southeast Florida to process and screen cargo. (4) A net increase of 300 special agents, 30 intelligence analysts, and additional resources to be distributed among offices that have jurisdiction over major metropolitan drug or narcotics distribution and transportation centers for intensification of efforts against drug smuggling and money- laundering organizations. (5) A net increase of 50 positions and additional resources to the Office of Internal Affairs to enhance investigative resources for anticorruption efforts. (6) The costs incurred as a result of the increase in personnel hired pursuant to this section. SEC. 104. COMPLIANCE WITH PERFORMANCE PLAN REQUIREMENTS. As part of the annual performance plan for each of the fiscal years 2000 and 2001 covering each program activity set forth in the budget of the United States Customs Service, as required under section 1115 of title 31, United States Code, the Commissioner of the Customs Service shall establish performance goals, performance indicators, and comply with all other requirements contained in paragraphs (1) through (6) of subsection (a) of such section with respect to each of the activities to be carried out pursuant to sections 111 and 112 of this Act. Subtitle B--Child Cyber-Smuggling Center of the Customs Service SEC. 111. AUTHORIZATION OF APPROPRIATIONS FOR PROGRAM TO PREVENT CHILD PORNOGRAPHY/CHILD SEXUAL EXPLOITATION. (a) Authorization of Appropriations.--There is authorized to be appropriated to the Customs Service $10,000,000 for fiscal year 2000 to carry out the program to prevent child pornography/child sexual exploitation established by the Child Cyber-Smuggling Center of the Customs Service. (b) Use of Amounts for Child Pornography Cyber Tipline.--Of the amount appropriated under subsection (a), the Customs Service shall provide 3.75 percent of such amount to the National Center for Missing and Exploited Children for the operation of the child pornography cyber tipline of the Center and for increased public awareness of the tipline. Subtitle C--Personnel Provisions CHAPTER 1--OVERTIME AND PREMIUM PAY OF OFFICERS OF THE CUSTOMS SERVICE SEC. 121. CORRECTION RELATING TO FISCAL YEAR CAP. Section 5(c)(1) of the Act of February 13, 1911 (19 U.S.C. 267(c)(1)) is amended to read as follows: ``(1) Fiscal year cap.--The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) that a customs officer may be paid in any fiscal year may not exceed $30,000, except that-- ``(A) the Commissioner of Customs or his or her designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service; and ``(B) upon certification by the Commissioner of Customs to the Chairmen of the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that the Customs Service has in operation a system that provides accurate and reliable data on a daily basis on overtime and premium pay that is being paid to customs officers, the Commissioner is authorized to pay any customs officer for one work assignment that would result in the overtime pay of that officer exceeding the $30,000 limitation imposed by this paragraph, in addition to any overtime pay that may be received pursuant to a waiver under subparagraph (A).''. SEC. 122. CORRECTION RELATING TO OVERTIME PAY. Section 5(a)(1) of the Act of February 13, 1911 (19 U.S.C. 267(a)(1)), is amended by inserting after the first sentence the following new sentences: ``Overtime pay provided under this subsection shall not be paid to any customs officer unless such officer actually performed work during the time corresponding to such overtime pay. The preceding sentence shall not apply with respect to the payment of an award or settlement to a customs officer who was unable to perform overtime work as a result of a personnel action in violation of section 5596 of title 5, United States Code, section 6(d) of the Fair Labor Standards Act of 1938, or title VII of the Civil Rights Act of 1964.''. SEC. 123. CORRECTION RELATING TO PREMIUM PAY. (a) In General.--Section 5(b)(4) of the Act of February 13, 1911 (19 U.S.C. 267(b)(4)), is amended by adding after the first sentence the following new sentences: ``Premium pay provided under this subsection shall not be paid to any customs officer unless such officer actually performed work during the time corresponding to such premium pay. The preceding sentence shall not apply with respect to the payment of an award or settlement to a customs officer who was unable to perform work during the time described in the preceding sentence as a result of a personnel action in violation of section 5596 of title 5, United States Code, section 6(d) of the Fair Labor Standards Act of 1938, or title VII of the Civil Rights Act of 1964.''. (b) Corrections Relating to Night Work Differential Pay.--Section 5(b)(1) of such Act (19 U.S.C. 267(b)(1)) is amended to read as follows: ``(1) Night work differential.-- ``(A) 6 p.m. to midnight.--If any hours of regularly scheduled work of a customs officer occur during the hours of 6 p.m. and 12 a.m., the officer is entitled to pay for such hours of work (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 15 percent of that basic rate. ``(B) Midnight to 6 a.m.--If any hours of regularly scheduled work of a customs officer occur during the hours of 12 a.m. and 6 a.m., the officer is entitled to pay for such hours of work (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate. ``(C) Midnight to 8 a.m.--If the regularly scheduled work of a customs officer is 12 a.m. to 8:00 a.m., the officer is entitled to pay for work during such period (except for work to which paragraph (2) or (3) applies) at the officer's hourly rate of basic pay plus premium pay amounting to 20 percent of that basic rate.''. SEC. 124. USE OF SAVINGS FROM PAYMENT OF OVERTIME AND PREMIUM PAY FOR ADDITIONAL OVERTIME ENFORCEMENT ACTIVITIES OF THE CUSTOMS SERVICE. Section 5 of the Act of February 13, 1911 (19 U.S.C. 267), is amended-- (1) by redesignating subsection (e) as subsection (f); and (2) by inserting after subsection (d) the following: ``(e) Use of Savings From Payment of Overtime and Premium Pay for Additional Overtime Enforcement Activities.-- ``(1) Use of amounts.--For fiscal year 1999 and each subsequent fiscal year, the Secretary of the Treasury-- ``(A) shall determine under paragraph (2) the amount of savings from the payment of overtime and premium pay to customs officers; and ``(B) shall use an amount from the Customs User Fee Account equal to such amount determined under paragraph (2) for additional overtime enforcement activities of the Customs Service. ``(2) Determination of savings amount.--For each fiscal year, the Secretary shall calculate an amount equal to the difference between-- ``(A) the estimated cost for overtime and premium pay that would have been incurred during that fiscal year if this section, as in effect on the day before the date of the enactment of sections 122 and 123 of the Trade Agency Authorization, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999, had governed such costs; and ``(B) the actual cost for overtime and premium pay that is incurred during that fiscal year under this section, as amended by sections 122 and 123 of the Trade Agency Authorization, Drug Free Borders, and Prevention of On-Line Child Pornography Act of 1999.''. SEC. 125. EFFECTIVE DATE. This chapter, and the amendments made by this chapter, shall apply with respect to pay periods beginning on or after 15 days after the date of the enactment of this Act. CHAPTER 2--MISCELLANEOUS PROVISIONS SEC. 131. STUDY AND REPORT RELATING TO PERSONNEL PRACTICES OF THE CUSTOMS SERVICE. (a) Study.--The Commissioner of Customs shall conduct a study of current personnel practices of the Customs Service, including an overview of performance standards and the effect and impact of the collective bargaining process on drug interdiction efforts of the Customs Service and a comparison of duty rotation policies of the Customs Service and other Federal agencies that employ similarly- situated personnel. (b) Report.--Not later than 120 days after the date of the enactment of this Act, the Commissioner of Customs shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing the results of the study conducted under subsection (a). TITLE II--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE SEC. 201. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 141(g)(1) of the Trade Act of 1974 (19 U.S.C. 2171(g)(1)) is amended-- (1) in subparagraph (A)-- (A) in the matter preceding clause (i), by striking ``not to exceed the following'' and inserting ``as follows''; (B) in clause (i) to read as follows: ``(i) $26,501,000 for fiscal year 2000.''; and (C) in clause (ii) to read as follows: ``(ii) $26,501,000 for fiscal year 2001.''; and (2) in subparagraph (B)-- (A) in clause (i), by adding ``and'' at the end; (B) by striking clause (ii); and (C) by redesignating clause (iii) as clause (ii). (b) Submission of Out-Year Budget Projections.--Section 141(g) of the Trade Act of 1974 (19 U.S.C. 2171(g)) is amended by adding at the end the following: ``(3) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Office to carry out its functions.''. TITLE III--UNITED STATES INTERNATIONAL TRADE COMMISSION SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--Section 330(e)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended-- (1) in clause (i) to read as follows: ``(i) $47,200,000 for fiscal year 2000.''; and (2) in clause (ii) to read as follows: ``(ii) $49,750,000 for fiscal year 2001.''. (b) Submission of Out-Year Budget Projections.--Section 330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended by adding at the end the following: ``(4) By no later than the date on which the President submits to the Congress the budget of the United States Government for a fiscal year, the Commission shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the projected amount of funds for the succeeding fiscal year that will be necessary for the Commission to carry out its functions.''. Passed the House of Representatives May 25, 1999. Attest: JEFF TRANDAHL, Clerk.

usgpo

2024-06-24T03:05:41.343703

BILLS-106hr1834ih

United States-Caribbean Basin Trade Enhancement Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1834 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1834 To promote the growth of free enterprise and economic opportunity in the Caribbean Basin region, to increase trade between the region and the United States, and to encourage the adoption by Caribbean Basin countries of trade and investment policies necessary for participation in the Free Trade Area of the Americas. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Lewis of Georgia introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To promote the growth of free enterprise and economic opportunity in the Caribbean Basin region, to increase trade between the region and the United States, and to encourage the adoption by Caribbean Basin countries of trade and investment policies necessary for participation in the Free Trade Area of the Americas. 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 ``United States-Caribbean Basin Trade Enhancement Act''. SEC. 2. FINDINGS AND POLICY. (a) Findings.--The Congress finds that-- (1) the Caribbean Basin Economic Recovery Act (``CBERA'') represents a permanent commitment by the United States to encourage the development of strong democratic governments and revitalized economies in neighboring countries in the Caribbean Basin; (2) 34 democratically elected leaders agreed at the 1994 Summit of the Americas to conclude negotiation of a Free Trade Area of the Americas (FTAA) by the year 2005; (3) the economic security of the countries in the Caribbean Basin will be enhanced with the completion of the FTAA; (4) offering temporary benefits to Caribbean Basin countries-- (A) will enhance trade between the United States and the Caribbean Basin; (B) will encourage development of trade and investment policies that will facilitate participation of Caribbean Basin countries in the FTAA; (C) will preserve the United States' commitment to Caribbean Basin beneficiary countries; (D) will help further their economic development; and (E) will accelerate the trend toward more open economies in the region; (5) promotion of the growth of free enterprise and economic opportunity in the Caribbean Basin will enhance the national security interests of the United States; and (6) increased trade and economic activity between the United States and Caribbean Basin beneficiary countries will create expanding export opportunities for United States businesses and workers. (b) Policy.--It is therefore the policy of the United States to offer those Caribbean Basin beneficiary countries willing to embark on the process of preparing for eventual accession to the FTAA, or a trade agreement comparable to the FTAA, enhanced preferential treatment; and to seek the accession of these beneficiary countries to the FTAA or a trade agreement comparable to the FTAA at the earliest possible date, with the goal of achieving full participation in the FTAA or a trade agreement comparable to the FTAA by all beneficiary countries by the year 2005. SEC. 3. DEFINITIONS. As used in this Act: (1) Beneficiary country.--The term ``beneficiary country'' has the meaning given that term in section 212(a)(1)(A) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)(1)(A)). (2) FTAA.--The term ``FTAA'' means the Free Trade Area of the Americas. (3) NAFTA.--The term ``NAFTA'' means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992. (4) WTO and wto member.--The terms ``WTO'' and ``WTO member'' have the meanings given those terms in section 2 of the Uruguay Round Agreements Act (19 U.S.C. 3501). SEC. 4. TEMPORARY PROVISIONS TO PROVIDE ADDITIONAL TRADE BENEFITS TO CERTAIN BENEFICIARY COUNTRIES. (a) Temporary Provisions.--Section 213(b) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(b)) is amended to read as follows: ``(b) Exceptions.-- ``(1) In general.--Subject to paragraphs (2) through (5), the duty-free treatment provided under this title does not apply to-- ``(A) textile and apparel articles which were not eligible articles for purposes of this title on January 1, 1994, as this title was in effect on that date; ``(B) footwear not designated at the time of the effective date of this title as eligible articles for the purpose of the generalized system of preferences under title V of the Trade Act of 1974; ``(C) tuna, prepared or preserved in any manner, in airtight containers; ``(D) petroleum, or any product derived from petroleum, provided for in headings 2709 and 2710 of the HTS; ``(E) watches and watch parts (including cases, bracelets and straps), of whatever type including, but not limited to, mechanical, quartz digital or quartz analog, if such watches or watch parts contain any material which is the product of any country with respect to which HTS column 2 rates of duty apply; or ``(F) articles to which reduced rates of duty apply under subsection (h). ``(2) Transition period treatment of certain textile and apparel articles.-- ``(A) Preferential tariff and quota treatment.-- During the transition period-- ``(i) clause (ii) applies with respect to a textile or apparel article that is imported into the United States from a CBTEA beneficiary country and that-- ``(I) is assembled in a CBTEA beneficiary country from fabrics wholly formed and cut in the United States from yarns formed in the United States, and is imported into the United States-- ``(aa) under subheading 9802.00.80 of the HTS; or ``(bb) under chapter 61, 62 or 63 of the HTS, if after such assembly the article would have qualified for entry under subheading 9802.00.80 of the HTS but for the fact the article was subjected to stone- washing, enzyme-washing, acid- washing, perma-pressing, oven- baking, bleaching, embroidery, or garment-dyeing; ``(II) is cut in a CBTEA beneficiary country from fabrics wholly formed in the United States from yarns formed in the United States and is assembled in a CBTEA beneficiary country with thread formed in the United States; or ``(III) is identified under subparagraph (B) as a handloomed, handmade, or folklore article of such country and is certified as such by the competent authority of such country; ``(ii) the President may proclaim with respect to an article described in clause (i) a reduction in the rate of duty up to 100 percent of the amount of duty that otherwise would apply to such article; and ``(iii) except as provided in subparagraph (D), no quantitative restriction or consultation level may be applied to the importation into the United States of any textile or apparel article that qualifies for preferential tariff treatment under clause (i). ``(B) Handloomed, handmade, and folklore articles.--For purposes of subparagraph (A), the President, after consultation with the CBTEA beneficiary country concerned, shall determine which, if any, particular textile and apparel goods of the country shall be treated as being handloomed, handmade, or folklore goods of a kind described in section 2.3 (a), (b), or (c) or Appendix 3.1.B.11 of the Annex. ``(C) Transition period adjustment of existing quantitative restrictions.--During the transition period-- ``(i) the President, after negotiating with the CBTEA beneficiary country concerned, may reduce the quantities of textile and apparel articles that can be imported into the United States under existing quantitative restrictions to reflect the quantities of textile and apparel articles from such country that are exempt from quota restrictions pursuant to subparagraph (A)(iii); and ``(ii) whenever the President finds that transshipment within the meaning of clause (iii) has occurred, the President, following consultations with the CBTEA beneficiary countries through whose territories the President finds transshipment to have occurred, may reduce the quantities of textile and apparel articles that can be imported into the United States under each existing quantitative restriction with each such country by an amount determined by the President; and ``(iii) transshipment within the meaning of this subparagraph has occurred when preferential tariff treatment for a textile or apparel article under subparagraph (A) has been claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of clause (iii), false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for preferential tariff treatment under subparagraph (A). ``(D) Bilateral emergency actions.-- ``(i) In general.--The President may take-- ``(I) bilateral emergency tariff actions of a kind described in section 4 of the Annex with respect to any textile or apparel article imported from a CBTEA beneficiary country if the application of tariff treatment under subparagraph (A) to such an article results in conditions that would be cause for the taking of such actions under that section with respect to an article described in the same 8-digit subheading of the HTS that is imported from Mexico; or ``(II) bilateral emergency quantitative restriction actions of a kind described in section 5 of the Annex with respect to imports of any textile or apparel article of a CBTEA beneficiary country, including articles eligible for preferential tariff treatment under subparagraph (A), if the importation of such an article into the United States results in conditions that would be cause for the taking of such actions under that section with respect to an article described in the same 8-digit subheading of the HTS that is imported from Mexico. ``(ii) Rules relating to bilateral emergency action.--For purposes of applying bilateral emergency action under this subparagraph-- ``(I) the requirements of paragraph 5 of section 4 of the Annex (relating to providing compensation) shall not apply; ``(II) the term `transition period' in sections 4 and 5 of the Annex shall have the meaning given that term in paragraph (5)(C) of this subsection; ``(III) the requirements to consult specified in section 4 or 5 of the Annex shall be treated as satisfied if the President requests consultations with the beneficiary country in question and the country does not agree to consult within the time period specified under section 4 or 5, whichever is applicable; ``(IV) during the first 14 months after imports commence from a CBTEA beneficiary country under paragraph (2)(A) (or recommence because of a redesignation of such country), the minimum quantity of any textile or apparel article from such country subject to quantitative restrictions may be determined under paragraph 7 of section 5 of the Annex based on a reasonable estimate (using available data where possible) of the quantity of such articles imported from such country during the relevant period (as defined in such paragraph 7) that did not qualify or would not have qualified as originating goods; and ``(V) after the 14-month period described in subclause (IV), the minimum quantity of articles subject to such quantitative restrictions shall be determined under paragraph 7 of section 5 of the Annex based on the most recently available import statistics of the Bureau of the Census. ``(3) Preferential tariff treatment of certain articles originating in cbtea beneficiary countries.--During the transition period, with respect to articles referred to in subparagraphs (B) through (F) of paragraph (1) that are CBTEA originating goods, the following applies: ``(A) The President may proclaim with respect to such articles a reduction in the rate of duty up to 100 percent of the difference between `x' and `y', with the terms `x' and `y' having the meaning given in subparagraph (B). ``(B) For purposes of this paragraph, `x' represents the rate of duty that would apply to an article at the time of its importation from a CBTEA beneficiary country but for the enactment of the CBTEA, and `y' represents the tariff treatment for such an article that is accorded to a good of Mexico under Annex 302.2 of the NAFTA, as implemented in United States law. ``(C) Subparagraph (A) does not apply to any article accorded duty-free treatment under U.S. Note 2(b) to subchapter II of chapter 98 of the HTS. ``(D) If at any time during the transition period the rate of duty that would (but for actions taken under subparagraph (A)) apply with respect to any article under subsection (h) is a rate of duty that is lower than the rate of duty resulting from such actions, then such lower rate of duty shall be applied. ``(4) Customs procedures.-- ``(A) In general.-- ``(i) Regulations.--Any importer that claims preferential treatment under paragraph (2) or (3) shall comply with customs procedures similar in all material respects to the requirements of Article 502(1) of the NAFTA as implemented in United States law, in accordance with regulations promulgated by the Secretary of the Treasury. ``(ii) Determination.--In order to qualify for such preferential treatment and for a Certificate of Origin to be valid with respect to articles for which such treatment is claimed, there shall be in effect a determination by the President that-- ``(I) the CBTEA beneficiary country from which the article is exported, and ``(II) each CBTEA beneficiary country in which materials used in the production of the article originate or undergo production that contributes to a claim that the article is a CBTEA originating good, has implemented and follows, or is making substantial progress toward implementing and following, procedures and requirements similar in all material respects to the relevant procedures and requirements under Chapter 5 of the NAFTA. ``(B) Certificate of origin.--The Certificate of Origin that otherwise would be required pursuant to the provisions of subparagraph (A) shall not be required in the case of an article imported under paragraph (2) or (3) if such Certificate of Origin would not be required under Article 503 of the NAFTA, as implemented in United States law, if the article were imported from Mexico. ``(5) Definitions and special rules.--For purposes of this subsection: ``(A) Annex.--The term `the Annex' means Annex 300- B of the NAFTA. ``(B) Textile or apparel article.--The term `textile or apparel article' means any article referred to in paragraph (1)(A) that is a good listed in Appendix 1.1 of the Annex. ``(C) Transition period.--The term `transition period' means, with respect to a CBTEA beneficiary country, the period that begins on October 1, 1999 and ends on June 30, 2001. ``(D) CBTEA beneficiary country.--(i) The term `CBTEA beneficiary country' means any `beneficiary country,' as defined by section 212(a)(1)(A) of the Caribbean Basin Economic Recovery Act, which the President has determined has demonstrated commitments-- ``(I) to undertake its obligations under the WTO on or ahead of schedule; ``(II) to participate in negotiations toward the completion of the FTAA or a trade agreement comparable to the FTAA; and ``(III) to undertake other steps necessary for that country's accession to the FTAA or a trade agreement comparable to the FTAA. ``(ii) In making the determination under clause (i), the President may consider the criteria in sections 212(b) and (c) and other appropriate criteria, including-- ``(I) the extent to which the country follows accepted rules of international trade provided for under the agreements listed in section 101(d) of the Uruguay Round Agreements Act; ``(II) the extent to which the country provides protection of intellectual property rights in accordance with-- ``(aa) standards established in the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 101(d)(15) of the Uruguay Round Agreements Act; ``(bb) standards established in chapter 17 of the NAFTA; and ``(cc) the grant of the ability to control the importation or sale of imports of products that embody copyrighted works, the extension to ten years of the `reasonable period' under NAFTA Article 1711(6) for the protection of test data related to the grant of marketing approval for agricultural chemicals, the protection of trademarks regardless of their subsequent designation as geographic indications, and the availability of enforcement against infringing imports at the border; ``(III) the extent to which the country provides protections to investors and investments of the United States substantially equivalent to those set forth in chapter 11 of the NAFTA; ``(IV) the extent to which the country provides the United States and other WTO members on a most-favored-nation basis with equitable and reasonable market access in the product sectors for which benefits are provided under paragraphs (2) and (3), and in other relevant product sectors as determined by the President; ``(V) the extent to which the country provides internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of coerced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; ``(VI) the extent to which the country adopts, maintains, and effectively enforces laws providing for high levels of environmental protection; ``(VII) whether the country has met the counternarcotics certification criteria set forth in section 490 of the Foreign Assistance Act of 1961 for eligibility for United States assistance; ``(VIII) the extent to which the country ratifies and implements the Inter-American Convention Against Corruption; ``(IX) the extent to which the country supports the multilateral and regional objectives of the United States with respect to government procurement, including the negotiation of government procurement provisions of an FTAA and conclusion of a WTO transparency agreement as provided in the declaration of the WTO Ministerial Conference held in Singapore on December 9-13, 1996, and applies transparent and competitive procedures in government procurement equivalent to those in the Agreement on Government Procurement described in section 101(d)(17) of the Uruguay Round Agreements Act; ``(X) the extent to which the country follows the rules on customs valuation set forth in the Agreement on Implementation of Article VII of the GATT 1994 described in section 101(d)(8) of the Uruguay Round Agreements Act; and ``(XI) the extent to which the country affords to products of the United States which the President determines to be of commercial importance to the United States with respect to such country, and on a most-favored-nation basis to like products of other WTO members, tariff treatment that is no less favorable than the most favorable tariff treatment provided by the country to any other country pursuant to any free trade agreement other than the Central American Common Market or the Caribbean Community and Common Market. ``(E) CBTEA originating good.--The term `CBTEA originating good' means a good that meets the rules of origin for a good set forth in chapter 4 of the NAFTA, as implemented in United States law, and, in the case of a good described in Appendix 6.A of the Annex, the requirements stated in Appendix 6.A, as implemented in United States law. In applying chapter 4 or Appendix 6.A with respect to a CBTEA beneficiary country for purposes of this subsection-- ``(i) no countries other than the United States and CBTEA beneficiary countries may be treated as being Parties to the NAFTA; ``(ii) references to trade between the United States and Mexico shall be deemed to refer to trade between the United States and a CBTEA beneficiary country; ``(iii) references to a Party shall be deemed to refer to a CBTEA beneficiary country or the United States, and ``(iv) references to Parties shall be deemed to refer to any combination of CBTEA beneficiary countries or to the United States and a CBTEA beneficiary country (or any combination thereof).''. (b) Determination Regarding Retention of Designation.--Section 212(e) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(e)) is amended-- (1) in paragraph (1)-- (A) by inserting ``(A)'' after ``(1)''; (B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively; (C) by striking all that follows ``such country'' and inserting ``no longer satisfies one or more of the conditions for designation as a beneficiary country set forth in subsection (b) or such country fails adequately to meet one or more of the criteria set forth in subsection (c).''; and (D) by adding at the end the following: ``(B) The President may, after the requirements of subsection (a)(2) and paragraph (2) have been met-- ``(i) withdraw or suspend the designation of any country as a CBTEA beneficiary country; or ``(ii) withdraw, suspend, modify, or limit the application of preferential treatment under section 213(b)(2) and (3) to any article of any country, if the President determines that such action is appropriate based on an evaluation of the criteria listed in section 213(b)(5)(D).''; and (2) by adding after paragraph (2) the following new paragraphs: ``(3) In the event the President withdraws, suspends, or limits the application of duty-free treatment accorded to a country under the Generalized System of Preferences based on one or more of the eligibility criteria in section 502 of the Trade Act of 1974 (19 U.S.C. 2462) that are the same or similar to one or more of the eligibility criteria set forth in this title, the President shall likewise withdraw, suspend or limit the application of preferential treatment accorded to that country under this title. ``(4) If preferential treatment under section 213(b)(2) and (3) is withdrawn, suspended, or limited with respect to a CBTEA beneficiary country, such country shall not be deemed to be a `Party' for the purposes of applying section 213(b)(5)(E) to imports of articles for which preferential treatment has been withdrawn, suspended, or limited with respect to such country.''. (c) Reporting Requirements.-- (1) Section 212(f) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(f)) is amended to read as follows: ``(f) Reporting Requirements.--Not later than December 1, 2000, and at the close of each 3-year period thereafter, the President shall submit to the Congress a report regarding the operation of this title, including-- ``(1) with respect to subsections (b) and (c), the results of a general review of beneficiary countries based on the considerations described in those subsections; and ``(2) the performance of each CBTEA beneficiary country under the criteria in section 213(b)(5)(D).''. (2) Section 203(f) of the Andean Trade Preference Act (19 U.S.C. 3202(f)) is amended by striking ``On or before the 3rd, 6th and 9th anniversaries of the date of the enactment of this title,'' and inserting ``On or before March 1, 2000, and on or before the close of each 3-year period thereafter during which duty-free treatment under this title remains in effect,''. (d) International Trade Commission Reports.-- (1) CBERA reports.-- (A) Section 215(a) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2704(a)) is amended to read as follows: ``(a)(1) The United States International Trade Commission (referred to in this section as the `Commission') shall submit to the Congress and the President triennial reports regarding the economic impact of this Act on United States industries and consumers. ``(2) The first report after the enactment of the CBTEA shall be submitted on September 1, 2000, and subsequent reports shall be submitted on the close of each 3-year period thereafter. ``(3) For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular possessions of the United States are considered to be United States industries.''. (B) Section 215(c) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2704(c)) is amended by striking ``(1) Each report'' and all that follows through ``(2)''. (2) ATPA reports.-- (A) Section 206(a) of the Andean Trade Preference Act (19 U.S.C. 3204(a)) is amended to read as follows: ``(a)(1) The United States International Trade Commission (referred to in this section as the `Commission') shall submit to the Congress and the President triennial reports regarding the economic impact of this Act on United States industries and consumers, and, in conjunction with other agencies, the effectiveness of this Act in promoting drug- related crop eradication and crop substitution efforts of the beneficiary countries. ``(2) The first report after the enactment of the United States- Caribbean Basin Trade Enhancement Act shall be submitted on September 30, 1999, and subsequent reports shall be submitted on the close of each 3-year period thereafter during which duty-free treatment under the Andean Trade Preference Act remains in effect. ``(3) For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular possessions of the United States are considered to be United States industries.''. (B) Section 206(c) of the Andean Trade Preference Act (19 U.S.C. 3204(c)) is amended by striking ``(1) Each report'' and all that follows through ``(2)''. (e) Impact Studies by the Secretary of Labor.-- (1) The text of section 216 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2705) is amended to read as follows: ``(a) The Secretary of Labor, in consultation with other appropriate Federal agencies, shall undertake a continuing review and analysis of the impact that the implementation of the provisions of this title has with respect to United States labor, shall review developments in labor conditions in the beneficiary countries, and shall make a triennial report to Congress on the results of such review and analysis. ``(b) The first report after the enactment of the CBTEA shall be submitted on September 1, 2000, and subsequent reports shall be submitted on the close of each 3-year period thereafter. ``(c) For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular possessions of the United States are considered to be United States industries.''. (2) The text of section 207 of the Andean Trade Preference Act (19 U.S.C. 3205) is amended to read as follows: ``(a) The Secretary of Labor, in consultation with other appropriate Federal agencies, shall undertake a continuing review and analysis of the impact that the implementation of the provisions of this title has with respect to United States labor, shall review developments in labor conditions in the beneficiary countries, and shall make a triennial report to Congress on the results of such review and analysis. ``(b) The first report after the enactment of the United States- Caribbean Basin Trade Enhancement Act shall be submitted on September 30, 1999, and subsequent reports shall be submitted on the close of each 3-year period thereafter during which duty-free treatment under the Andean Trade Preference Act remains in effect. ``(c) For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular possessions of the United States are considered to be United States industries.''. (f) Conforming Amendments.-- (1) Section 211 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701) is amended by inserting ``or other preferential'' after ``duty-free''. (2) Section 213(a)(1) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2703(a)(1)) is amended by inserting ``and except as provided in section 213(b) (2) and (3),'' after ``Tax Reform Act of 1986,''. SEC. 5. ADEQUATE AND EFFECTIVE PROTECTION FOR INTELLECTUAL PROPERTY RIGHTS. Section 212(c) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(c)) is amended by adding at the end the following flush sentence: ``Notwithstanding any other law, the President may determine that a country is not providing adequate and effective protection of intellectual property rights under paragraph (9), even if the country is in compliance with the country's obligations under the Agreement on Trade-Related Aspects of Intellectual Property Rights described in section 101(d)(15) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(15)).''. SEC. 6. DEFINITIONS. Section 212(a)(1) of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2702(a)(1)) is amended by adding at the end the following new subparagraph: ``(D) The term `NAFTA' means the North American Free Trade Agreement entered into between the United States, Mexico, and Canada on December 17, 1992. ``(E) The term ``CBTEA'' means the United States- Caribbean Basin Trade Enhancement Act.''. <all>

usgpo

2024-06-24T03:05:41.360981

BILLS-106hr1836ih

To properly balance the wind and water erosion criteria and the wildlife suitability criteria to be used in the 18th signup of land in the conservation reserve program.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1836 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1836 To properly balance the wind and water erosion criteria and the wildlife suitability criteria to be used in the 18th signup of land in the conservation reserve program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Bereuter introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To properly balance the wind and water erosion criteria and the wildlife suitability criteria to be used in the 18th signup of land in the conservation reserve program. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CRITERIA FOR SIGNUP OF HIGHLY ERODIBLE LANDS UNDER CONSERVATION RESERVE PROGRAM. (a) Covered Lands.--This section applies with respect to highly erodible lands that-- (1) are included, as of the date of the enactment of this section, in the conservation reserve under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); (2) meet the wind and water erosion criteria established for conservation reserve lands; and (3) have an established plant cover. (b) Treatment of Lands in Signup.--Highly erodible lands described in subsection (a) shall be deemed to meet the criteria regarding suitability for wildlife and shall receive maximum points for wildlife benefits in the 18th signup of land in the conservation reserve and subsequent signups. <all>

usgpo

2024-06-24T03:05:41.381635

BILLS-106hr1838ih

Taiwan Security Enhancement Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1838 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1838 To assist in the enhancement of the security of Taiwan, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. DeLay (for himself, Mr. Andrews, Mr. Gilman, Mr. Deutsch, Mr. Rohrabacher, Mr. Wu, Mr. Cox, Mr. Jefferson, Mr. Diaz-Balart, Mrs. Lowey, Mr. Smith of New Jersey, Mr. Hunter, Mr. Burton of Indiana, Mr. Cook, and Mr. Weldon of Florida) introduced the following bill; which was referred to the Committee on International Relations, 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 assist in the enhancement of the security of Taiwan, 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 ``Taiwan Security Enhancement Act''. SEC. 2. FINDINGS. Congress makes the following findings: (1) Since 1949, the close relationship between the United States and Taiwan has been of enormous benefit to both societies. (2) In recent years, Taiwan has undergone a major political transformation, and Taiwan is today a true multiparty democracy with a political system separate from and totally unlike that of the People's Republic of China. (3) The economy of Taiwan is based upon free market principles and is separate and distinct from the People's Republic of China. (4) Although on January 1, 1979, the United States Government withdrew diplomatic recognition of the government on Taiwan as the legitimate government of China, neither at that time nor since has the United States Government adopted a formal position as to the ultimate status of Taiwan other than to state that status must be decided by peaceful means. Any determination of the ultimate status of Taiwan must have the express consent of the people on Taiwan. (5) The government on Taiwan no longer claims to be the sole legitimate government of all of China. (6) The Taiwan Relations Act (Public Law 96-8) states that-- (A) peace and stability in the Taiwan Strait area are in the political, security, and economic interests of the United States and are of international concern; (B) the decision of the United States to establish diplomatic relations with the People's Republic of China rests upon the expectation that the future of Taiwan will be determined by peaceful means; (C) the United States would consider any effort to determine the future of Taiwan by other than peaceful means, including boycotts or embargoes, a threat to the peace and security of the Western Pacific region and of grave concern to the United States; (D) the United States will maintain the capacity to resist any form of coercion that jeopardizes the security, or the social or the economic system, of the people on Taiwan; and (E) the preservation and enhancement of the human rights of all the people on Taiwan are objectives of the United States. (7) On the basis of these provisions, the Taiwan Relations Act establishes on the part of the United States a continuing connection with and concern for Taiwan, its people, and their ability to maintain themselves free of coercion and free of the use of force against them. The maintenance by Taiwan of forces adequate for defense and deterrence is in the interest of the United States in that it helps to maintain peace in the Taiwan Strait area. (8) Since 1954, when the United States and Taiwan signed the Mutual Defense Treaty, the United States and Taiwan have maintained a defense and security relationship that has contributed greatly to freedom, peace, and stability in Taiwan and the East Asia and Pacific regions. (9) The United States and Taiwan no longer conduct joint training missions, have no direct military lines of communication, and have only limited military-to-military contacts. This lack of communication and interoperation between the United States and Taiwan hinders planning for the defense of Taiwan and could prove detrimental in the event of future aggression against Taiwan. (10) Since 1979, the United States has continued to sell defensive weapons to Taiwan in accordance with the Taiwan Relations Act, and such sales have helped Taiwan maintain its autonomy and freedom in the face of persistent hostility from the People's Republic of China. However, pressures to delay, deny, and reduce arms sales to Taiwan have been prevalent since the signing of the August 17, 1982, communique with the People's Republic of China. Over time, such delays, denials, and reductions could prevent Taiwan from maintaining a sufficient capability for self- defense. (11) As has been affirmed on several occasions by the executive branch of Government, the provisions of the Taiwan Relations Act take legal precedence over any communique with the People's Republic of China. (12) The People's Republic of China has consistently refused to renounce the use of force against Taiwan and has repeatedly threatened force against Taiwan, including implied threats by unnamed People's Republic of China officials on January 10, 1999, who warned Taiwan not to participate in the development of theater missile defense capabilities with the United States. (13) The missile firings by the People's Republic of China near Taiwan in August 1995 and March 1996 clearly demonstrate the willingness of the People's Republic of China to use forceful tactics to limit the freedom of the people on Taiwan. (14) As most nations in East Asia reduce military spending, the People's Republic of China continues a major and comprehensive military buildup. (15)(A) This military buildup includes the development of advanced ballistic and cruise missiles that will incorporate precision guidance capability and the construction of new imaging, radar, navigation, and electronic intelligence satellites that will help target and guide ballistic and cruise missiles. (B) According to the Department of Defense report entitled ``The Security Situation in the Taiwan Strait'', submitted to Congress in February 1999, the size of the missile force of the People's Republic of China is expected to grow substantially and, by 2005, the People's Republic of China will possess an ``overwhelming advantage'' in offensive missiles vis-a-vis Taiwan. (C) The Department of Defense has also noted that the People's Republic of China may already possess the capability to damage satellite optical sensors with lasers, is researching advanced anti-satellite lasers that could blind United States intelligence satellites, and is procuring radio frequency weapons that disable electronic equipment. (D) These missile and anti-satellite capabilities pose a grave threat to Taiwan. (16) This military buildup also includes the construction or procurement from abroad of advanced naval systems, including Russian Kilo submarines that are difficult to detect, Russian technology to assist the development of new nuclear-powered attack submarines, Russian Sovremenny class destroyers armed with supersonic SS-N-22 Sunburn anti-ship missiles, a new long- range, all-weather naval attack aircraft called the JH-7, and new indigenous land-attack cruise missiles that could be launched from submarines, ships, and naval attack aircraft. These naval capabilities pose a grave threat of blockade to Taiwan. (17) This military buildup also includes the improvement of air combat capabilities by procuring and co-producing hundreds of Russian Sukhoi Su-27 fighters, seeking to purchase Russian Su-30 all-weather attack aircraft, arming these aircraft with advanced air-to-air missiles such as the Russian R-77 missile and other precision guided munitions, constructing the indigenously designed J-10 fighter, and seeking advanced airborne warning and control systems from abroad. These capabilities pose a grave airborne threat to Taiwan. (18) Because of the introduction of advanced submarines into the Taiwan Strait area by the People's Republic of China and the increasing capability of the People's Republic of China to blockade Taiwan, Taiwan needs to acquire diesel-powered submarines in order to maintain a capability to counter a blockade, to conduct antisubmarine warfare training, and for other purposes. (19) Because of the democratic form of government on Taiwan and the historically nonaggressive foreign policy of Taiwan, it is highly unlikely that Taiwan would use submarines in an offensive manner. (20) The current defense relationship between the United States and Taiwan is deficient in terms of its capacity over the long term to counter and deter potential aggression against Taiwan by the People's Republic of China. SEC. 3. SENSE OF CONGRESS. (a) Training of Taiwan Military Officers.--It is the sense of Congress that the Secretary of Defense and the Secretaries of the military departments should make every effort to reserve additional positions for Taiwan military officers at the National Defense University and other professional military education schools specified in section 2162(d) of title 10, United States Code, and for prospective Taiwan military officers at the United States Military Academy, the United States Naval Academy, and the Air Force Academy. (b) Foreign Military Sales.--It is the sense of Congress that the Secretary of State should, when considering foreign military sales to Taiwan-- (1) take into account the special status of Taiwan; and (2) make every effort to ensure that Taiwan has full and timely access to price and availability data for defense articles and defense services. SEC. 4. DETERMINATIONS OF DEFENSE NEEDS OF TAIWAN. (a) Increase in Technical Staff of the American Institute in Taiwan.--Upon the request of the Defense Security Cooperation Agency, the President shall use funds available to the Department of Defense under the Arms Export Control Act for the assignment or detail of additional technical staff to the American Institute in Taiwan. (b) Annual Reports.--Beginning 60 days after the next round of arms talks between the United States and Taiwan, and annually thereafter, the President shall submit a report to Congress-- (1) detailing each of Taiwan's requests for purchase of defense articles and defense services during the one-year period ending on the date of the report; (2) describing the defense needs asserted by Taiwan as justification for those requests; and (3) describing any decision to reject, postpone, or modify any such request that was made during the one-year period ending on the date of the report, the level at which the final decision was made, and a justification for the decision. SEC. 5. STRENGTHENING THE DEFENSE OF TAIWAN. (a) Maintenance of Sufficient Self-Defense Capabilities of Taiwan.--Congress finds that any determination of the nature or quantity of defense articles or defense services to be made available to Taiwan that is made on any basis other than the defense needs of Taiwan, whether pursuant to the August 17, 1982, Communique signed with the People's Republic of China, or any similar executive agreement, order, or policy would violate the intent of Congress in the enactment of section 3(b) of the Taiwan Relations Act (22 U.S.C. 3302(b)). (b) Plan Regarding Combined Training and Personnel Exchange Programs.-- (1) Development.--The Secretary of Defense, in consultation with the Secretary of State, shall develop a plan for the enhancement of programs and arrangements for operational training and exchanges of personnel between the Armed Forces of the United States and the armed forces of Taiwan for work in threat analysis, doctrine, force planning, operational methods, and other areas. The plan shall provide for exchanges of officers up to and including general and flag officers in the grade of O-10. (2) Report.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit a report to Congress, in classified or unclassified form, containing the plan required under paragraph (1). (3) Implementation.--Not later than 210 days after the date of enactment of this Act, the Secretary of Defense shall implement the plan required under paragraph (1). (c) Communications Between United States and Taiwan Military Commands.--Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall establish secure direct communications between the United States Pacific military command and the Taiwan military command. (d) Missile Defense Equipment.--Subject to subsection (h), the President is authorized to make available for sale to Taiwan, at reasonable cost, theater missile defense equipment and related items, including-- (1) ground-based and naval-based missile defense systems; and (2) reconnaissance and communications systems, as may be necessary to target and cue missile defense systems sold to Taiwan. (e) Satellite Early Warning Data.--Subject to subsection (h), the President is authorized to make available for sale to Taiwan, at reasonable cost, satellite early warning data. (f) Air Defense Equipment.--Subject to subsection (h), the President is authorized to make available for sale to Taiwan, at reasonable cost, modern air-defense equipment, including the following: (1) AIM-120 AMRAAM air-to-air missiles. (2) Additional advanced fighters and airborne warning and control systems (AWACS). (3) Equipment to better defend airfields from air and missile attack. (4) Communications infrastructure that enables coordinated joint-force air defense of Taiwan. (g) Naval Defense Systems.--Subject to subsection (h), the President is authorized to make available for sale to Taiwan, at reasonable cost, defensive systems that counter the development by the People's Republic of China of new naval capabilities, including defense systems such as-- (1) diesel-powered submarines; (2) anti-submarine systems, including airborne systems, capable of detecting new Kilo and advanced Chinese nuclear submarines; (3) naval anti-missile systems, including Aegis destroyers, capable of defeating foreign supersonic anti-ship missiles; and (4) communications systems that better enable Taiwan to conduct joint-force naval defense operations. (h) Relation to Arms Export Control Act.--Nothing in this section supersedes or modifies the application of section 36 of the Arms Export Control Act to the sale of any defense article or defense service under this section. <all>

usgpo

2024-06-24T03:05:41.434071

BILLS-106hr1835ih

North Korea Threat Reduction Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1835 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1835 To impose conditions on assistance authorized for North Korea, to impose restrictions on nuclear cooperation and other transactions with North Korea, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Gilman (for himself, Mr. Brown of Ohio, Mr. Cox, Mr. Kasich, Mr. Knollenberg, Mr. Sanford, and Mr. McIntosh) introduced the following bill; which was referred to the Committee on International Relations _______________________________________________________________________ A BILL To impose conditions on assistance authorized for North Korea, to impose restrictions on nuclear cooperation and other transactions with North Korea, 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 ``North Korea Threat Reduction Act of 1999''. SEC. 2. FINDINGS. The Congress makes the following findings: (1) Under the Agreed Framework of October 21, 1994, the Democratic People's Republic of Korea (North Korea) committed to freeze and eventually dismantle its nuclear program, in exchange for annual deliveries of 500,000 tons of heavy fuel oil, and the construction of two 1,000 megawatt light water nuclear power reactors costing approximately $5,000,000,000. (2) The discovery of an apparent underground nuclear- related facility at Kumchang-ri, North Korea brought into question North Korea's commitment to abide by the conditions of the 1994 Geneva Agreed Framework. (3) North Korea's ongoing development, production, testing, deployment, and proliferation of ballistic missiles presents a clear and present danger to forward-deployed United States Armed Forces in Asia, United States friends and allies, and the United States. (4) North Korea has become the largest recipient of United States foreign assistance in East Asia, valued at over $225,000,000 in 1998 alone. (5) North Korea is a major producer of opium and increasingly is involved in illicit narcotics trafficking. SEC. 3. ASSISTANCE FOR THE KOREAN PENINSULA ENERGY DEVELOPMENT ORGANIZATION. (a) Authorization of Appropriations.-- (1) In general.--There is authorized to be appropriated for fiscal year 2000 $55,000,000 for assistance to the Korean Peninsula Energy Development Organization (KEDO). (2) Additional requirement.--Assistance under paragraph (1) may be provided notwithstanding any other provision of law (other than subsections (b), (c), (d), and (e) of this section). (b) Prohibition on Assistance to Nuclear Reactor Construction.-- Notwithstanding any other provision of law, none of the funds authorized to be appropriated by subsection (a), or made available under any other provision of law, may be used to assist the construction of nuclear reactors in North Korea. (c) Conditions for Release of Funds.--Notwithstanding any other provision of law, none of the funds authorized to be appropriated by subsection (a), or made available under any other provision of law, may be made available to KEDO, or for assistance to North Korea for purposes related to the Agreed Framework, until the President determines and reports to the Committees on International Relations and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate that-- (1) the parties to the Agreed Framework have taken and continue to take demonstrable steps to implement the Joint Declaration on Denuclearization in which the Government of North Korea has committed not to test, manufacture, produce, receive, possess, store, deploy, or use nuclear weapons, and not to possess nuclear reprocessing or uranium enrichment facilities; (2) the parties to the Agreed Framework have taken and continue to take demonstrable steps to pursue the North-South dialogue; (3) North Korea is complying with all provisions of the Agreed Framework; (4) the effort to can and safely store all spent fuel from North Korea's graphite-moderated nuclear reactors has been successfully concluded; (5) North Korea has not diverted assistance provided by the United States for purposes for which it was not intended; (6) the United States has reached agreement with North Korea satisfying United States concerns regarding suspect underground construction, and North Korea has complied with its obligations under that agreement; (7) North Korea is not seeking to develop or acquire the capability to enrich uranium, or any additional capability to reprocess spent nuclear fuel; and (8) the United States has made and is continuing to make significant progress on eliminating the North Korean ballistic missile threat, including its ballistic missile exports. (d) Withholding of Funds Pending Solicitation of All Potential Donor Governments to KEDO.--Amounts appropriated in excess of $35,000,000 pursuant to the authorization of appropriations under subsection (a) may not be made available to KEDO until the President determines and reports to the Committees on International Relations and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate that-- (1) the United States has asked all potential donor governments, including Taiwan, to contribute to KEDO; (2) no contributions offered unconditionally by such governments to KEDO have been declined; and (3) even after such contributions are received, KEDO will have financial requirements in fiscal year 2000 that can only be met by the provision of more than $35,000,000 in assistance from the United States. (e) Limitation on Use of Special Authorities.--The authority of section 614 of the Foreign Assistance Act of 1961 (22 U.S.C. 2364) may not be used to authorize the provision of assistance that cannot be provided due to any prohibition, restriction, or condition on release of funds that is contained in subsection (b), (c), or (d). SEC. 4. FOOD ASSISTANCE TO NORTH KOREA. Notwithstanding any other provision of law, none of the funds authorized to be appropriated by section 3(a), or made available under any other provision of law, may be made available for food assistance for North Korea until the President determines and reports to the Committees on International Relations and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate that-- (1) the Government of the Republic of Korea concurs in the delivery and procedures for delivery of United States food assistance to North Korea; (2) previous United States food assistance to North Korea has not been significantly diverted to military use; (3) North Korean military stocks have been expended to respond to unmet food aid needs in North Korea; (4) the United Nations World Food Program or other private voluntary organizations registered with the United States Agency for International Development have been permitted to take and have taken all reasonable steps to ensure that food deliveries will not be diverted from intended recipients, including unannounced, unscheduled, and unsupervised visits to recipient institutions and farmers' markets by Korean-speaking monitors affiliated with the United Nations World Food Program or other private voluntary organizations registered with the United States Agency for International Development; and (5) the United States Government has directly, and indirectly through appropriate international organizations, encouraged North Korea to initiate fundamental structural reforms of its agricultural sector. SEC. 5. RESTRICTIONS ON NUCLEAR COOPERATION WITH NORTH KOREA. (a) In General.--Notwithstanding any other provision of law or any international agreement, no agreement for cooperation (as defined in sec. 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.)) between the United States and North Korea may become effective, no license may be issued for export directly or indirectly to North Korea of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, and no approval may be given for the transfer or retransfer directly or indirectly to North Korea of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, until-- (1) the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that-- (A) North Korea has come into full compliance with its safeguards agreement with the IAEA (INFCIRC/403), and has taken all steps that have been deemed necessary by the IAEA in this regard; (B) North Korea has permitted the IAEA full access to all additional sites and all information (including historical records) deemed necessary by the IAEA to verify the accuracy and completeness of North Korea's initial report of May 4, 1992, to the IAEA on all nuclear sites and material in North Korea; (C) North Korea is in full compliance with its obligations under the Agreed Framework; (D) North Korea is in full compliance with its obligations under the Joint Declaration on Denuclearization; (E) North Korea does not have the capability to enrich uranium, and is not seeking to acquire or develop such capability, or any additional capability to reprocess spent nuclear fuel; (F) North Korea has terminated its nuclear weapons program, including all efforts to acquire, develop, test, produce, or deploy such weapons; and (G) the transfer to North Korea of key nuclear components, under the proposed agreement for cooperation with North Korea and in accordance with the Agreed Framework, is in the national interest of the United States; and (2) there is enacted a joint resolution stating in substance that the Congress concurs in the determination and report of the President submitted pursuant to paragraph (1). (b) Construction.--The restrictions contained in subsection (a) shall apply in addition to all other applicable procedures, requirements, and restrictions contained in the Atomic Energy Act of 1954 and other laws. SEC. 6. CONTINUATION OF RESTRICTIONS ON TRANSACTIONS WITH NORTH KOREA PENDING PROGRESS ON BALLISTIC MISSILE ISSUES. (a) Continuation of Restrictions.-- (1) Continuation of restrictions.--All prohibitions and restrictions on transactions and activities with North Korea imposed under section 5(b) of the Trading with the Enemy Act (as in effect on July 1, 1977), as set forth in part 500 of title 31, Code of Federal Regulations as in effect on April 1, 1999, shall remain in effect until the President submits the determination and report described in subsection (b), and-- (A) the authority of section 501.803 of title 31, Code of Federal Regulations (relating to the authority to modify chapter V of title 31, Code of Federal Regulations) and other provisions of law may not be used to modify such prohibitions and restrictions, as in effect on such date, and (B) no prohibition or restriction on transactions or activities set forth in subpart B of part 500 of title 31, Code of Federal Regulations, as in effect on April 1, 1999, may be authorized after that date, other than those transactions and activities specifically authorized under subpart E of such part, until such determination and report are so submitted. (2) Revocation of prior modifications and authorizations.-- Any modification otherwise prohibited under paragraph (1)(A) that is made after April 1, 1999, and before the date of enactment of this Act, and any authorization granted after April 1, 1999, and before the date of enactment of this Act, for a transaction or activity otherwise prohibited under paragraph (1)(B), shall be revoked as of such date of enactment. (b) Termination of Restrictions.--The determination and report referred to in subsection (a) is a determination by the President, reported to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate, that-- (1) North Korea has agreed to institute a total ban on exports of missiles, missile components, and missile technology; (2) there is no credible evidence that North Korea has, during the 1-year period prior to the date of the President's determination, exported missiles, missile components, or missile technology; (3) North Korea has terminated its long-range missile program, including all efforts to acquire, develop, test, produce, or deploy such missiles; (4) North Korea is in full compliance with its obligations under the Agreed Framework; (5) North Korea is in full compliance with its obligations under the Joint Declaration on Denuclearization; (6) North Korea does not have the capability to enrich uranium, and is not seeking to acquire or develop such capability, or any additional capability to reprocess spent nuclear fuel; and (7) North Korea has terminated its nuclear weapons program, including all efforts to acquire, develop, test, produce, or deploy such weapons; and (c) Reimposition of Restrictions.--Should the President become aware of information establishing that North Korea-- (1) has exported missiles, missile components, or missile technology, (2) is seeking to acquire, develop, test, produce, or deploy long-range missiles, (3) is not in full compliance with its obligations under the Agreed Framework or the Joint Declaration on Denuclearization, (4) has the capability to enrich uranium or is seeking to acquire or develop such capability, or additional capability to reprocess spent nuclear fuel, or (5) is seeking to acquire, develop, test, produce, or deploy nuclear weapons, then the requirements of subsection (a) shall be reimposed notwithstanding any determination and report submitted under subsection (b). SEC. 7. BALLISTIC MISSILE DEFENSE IN THE ASIA-PACIFIC REGION. (a) Policy of the United States.--It shall be the policy of the United States to work with friendly governments in the Asia-Pacific region to develop and deploy ballistic missile defenses capable of countering ballistic missile threats in the region. (b) Joint Early Warning System.--Of the funds appropriated to carry out the provisions of section 23 of the Arms Export Control Act for fiscal year 2000, up to $10,000,000 is authorized to be made available to support the establishment of a joint early warning system in the Asia-Pacific region. Such system shall have as its purpose the continuous sharing of information on missile launches detected by the governments participating in the system, and may include the establishment by such governments of a joint early warning center. SEC. 8. REFUGEES FROM NORTH KOREA. (a) Policy of the United States.--It shall be the policy of the United States to oppose the involuntary return of North Korean refugees to North Korea, to support the provision of international assistance to such refugees in the People's Republic of China and other countries of asylum, and to facilitate the resettlement of such refugees in South Korea and other neighboring countries. (b) Authorization of Assistance for Refugees From North Korea.--Of the funds appropriated for ``Migration and Refugee Assistance'' for fiscal year 2000, up to $30,000,000 is authorized to be made available for assistance to North Korean refugees in the People's Republic of China and other countries of asylum, and to support the resettlement of such refugees in South Korea and other neighboring countries. SEC. 9. REPORT TO CONGRESS ON THE AGREED FRAMEWORK. Not later than 90 days after the date of enactment of this Act, the President shall submit to the Committees on International Relations and Appropriations of the House of Representatives and the Committees on Foreign Relations and Appropriations of the Senate a report on the following: (1) The projected total cost of the two 1000 MW(e) light water nuclear reactors that are to be constructed in North Korea pursuant to the Agreed Framework, the portion of this total cost that South Korea and Japan have committed to pay, the potential sources of funding for the portion of this total cost that South Korea and Japan have not committed to pay, and the maximum portion of this total cost, if any, that the President anticipates will be paid by the United States. (2) Of the projected total cost identified in response to paragraph (1), the portion of this cost that North Korea will be obligated to repay, the likely terms upon which such repayment will be required, and the possible sources of revenue from which such repayment will be made. (3) The degree to which North Korea's electrical power distribution network will have to be upgraded in order to distribute the electrical power that will be generated by the two 1000 MW(e) light water nuclear reactors that are to be constructed in North Korea pursuant to the Agreed Framework, the projected cost of such upgrades, and the possible sources of funding for such upgrades. (4) The advantages to North Korea of building non-nuclear power plants rather than light water nuclear power plants, including-- (A) the cost saving that could be realized by building non-nuclear electric power plants with a total generation capacity of 2000 MW(e) rather than two light water nuclear power plants with that same capacity; (B) the projected date by which non-nuclear electric power plants with a total generation capacity of 2000 MW(e) could be completed, compared with the projected date by which two light water nuclear power plants with that same capacity will be completed; and (C) the advantages for electric power distribution that could be realized by building a number of non- nuclear electric power plants with a total generation capacity of 2000 MW(e) rather than two light water nuclear power plants with that same capacity. SEC. 10. DEFINITIONS. In this Act: (1) Agreed framework.--The term ``Agreed Framework'' means the ``Agreed Framework Between the United States of America and the Democratic People's Republic of Korea'', signed in Geneva on October 21, 1994, and the Confidential Minute to that Agreement. (2) IAEA.--The term ``IAEA'' means the International Atomic Energy Agency. (3) KEDO.--The term ``KEDO'' means the Korean Peninsula Energy Development Organization. (4) North korea.--The term ``North Korea'' means the Democratic People's Republic of Korea. (5) Long range missile.--The term ``long range missile'' means a missile with a range of 1000 kilometers or more. (6) Joint declaration on denuclearization.--The term ``Joint Declaration on Denuclearization'' means the Joint Declaration on the Denuclearization of the Korean Peninsula, signed by the Republic of Korea and the Democratic People's Republic of Korea on January 1, 1992. <all>

usgpo

2024-06-24T03:05:41.594055

BILLS-106hr1841ih

To amend the Immigration and Nationality Act to restore eligibility for adjustment of status under section 245(i) of that Act.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1841 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1841 To amend the Immigration and Nationality Act to restore eligibility for adjustment of status under section 245(i) of that Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Gutierrez (for himself and Mrs. Morella) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to restore eligibility for adjustment of status under section 245(i) of that Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REMOVAL OF CERTAIN LIMITATIONS ON ELIGIBILITY FOR ADJUSTMENT OF STATUS UNDER SECTION 245(I). (a) In General.--Section 245(i)(1) of the Immigration and Nationality Act (8 U.S.C. 1255(i)(1)) is amended by striking ``(i)(1)'' through ``The Attorney General'' and inserting the following: ``(i)(1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States who-- ``(A) entered the United States without inspection; or ``(B) is within one of the classes enumerated in subsection (c) of this section; may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence. The Attorney General''. (b) Effective Date.--The amendment made by subsection (a) shall be effective as if included in the enactment of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1998 (Public Law 105-119; 111 Stat. 2440). <all>

usgpo

2024-06-24T03:05:41.618000

BILLS-106hr1839ih

Access to Thermal Imaging Cameras Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1839 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1839 To authorize the Director of the Federal Emergency Management Agency to make grants to fire departments for the acquisition of thermal imaging cameras. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Franks of New Jersey introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To authorize the Director of the Federal Emergency Management Agency to make grants to fire departments for the acquisition of thermal imaging cameras. 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 ``Access to Thermal Imaging Cameras Act''. SEC. 2. GRANT PROGRAM. (a) Authority.--In accordance with this section, the Director of the Federal Emergency Management Agency (in this Act referred to as the ``Director'') may make grants on a competitive basis to fire departments for the purpose of acquiring thermal imaging cameras. (b) Non-Federal Share.--The non-Federal share of the cost of acquiring equipment under subsection (a) shall be 33 percent. (c) Limitation on Administrative Costs.--Of amounts made available under subsection (e), the Director may use not more than 10 percent for the administrative costs of carrying out this section. (d) Report to Congress.--Not later than 180 days after making the first grant under subsection (a), the Director shall transmit to Congress a report on the results of the grant program. SEC. 3. APPROPRIATIONS. (a) Authorization.--For the purposes of carrying out section 2, there is authorized to be appropriated to the Director $100,000,000 for fiscal year 2000. (b) Sense of Congress.--It is the sense of Congress that any funds appropriated to carry out section 2 should be offset with corresponding reductions in funds appropriated to carry out other Federal programs. <all>

usgpo

2024-06-24T03:05:41.737658

BILLS-106hr1843ih

Mothers and Newborns Health Insurance Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1843 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1843 To amend title XXI of the Social Security Act to permit States to use funds under the State Children's Health Insurance Program for coverage of uninsured pregnant women, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Hyde (for himself and Mrs. Lowey) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To amend title XXI of the Social Security Act to permit States to use funds under the State Children's Health Insurance Program for coverage of uninsured pregnant women, 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 ``Mothers and Newborns Health Insurance Act of 1999''. SEC. 2. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN UNDER A STATE CHILD HEALTH PLAN. (a) In General.--Title XXI of the Social Security Act is amended by adding at the end the following new section: ``SEC. 2111. OPTIONAL COVERAGE OF LOW-INCOME, UNINSURED PREGNANT WOMEN. ``(a) Optional coverage.--Notwithstanding any other provision of this title, a State child health plan may provide for coverage of pregnancy-related assistance for targeted low-income pregnant women in accordance with this section. ``(b) Definitions.--For purposes of this section: ``(1) Pregnancy-related assistance.--The term `pregnancy- related assistance' has the meaning given the term child health assistance in section 2110(a) as if any reference to targeted low-income children were a reference to targeted low-income pregnant women, except that the assistance shall be limited to services related to pregnancy (which include prenatal, delivery, and postpartum services) and to other conditions that may complicate pregnancy and shall not include prepregnancy services and supplies. ``(2) Targeted low-income pregnant woman.--The term `targeted low-income pregnant woman' has the meaning given the term targeted low-income child in section 2110(b) as if any reference to a child were deemed a reference to a woman during pregnancy and through the end of the month in which the 60-day period (beginning on the last day of her pregnancy) ends. ``(c) References to Terms and Special Rules.--In the case of, and with respect to, a State providing for coverage of pregnancy-related assistance to targeted low-income pregnant women under subsection (a), the following special rules apply: ``(1) Any reference in this title (other than subsection (b)) to a targeted low income child is deemed to include a reference to a targeted low-income pregnant woman. ``(2) Any such reference to child health assistance with respect to such women is deemed a reference to pregnancy- related assistance. ``(3) Any such reference to a child is deemed a reference to a woman during pregnancy and the period described in subsection (b)(2). ``(4) The medicaid applicable income level is deemed a reference to the income level established under section 1902(l)(2)(A). ``(5) Subsection (a) of section 2103 (relating to required scope of health insurance coverage) shall not apply insofar as a State limits coverage to services described in subsection (b)(1) and the reference to such section in section 2105(a)(1) is deemed not to require, in such case, compliance with the requirements of section 2103(a). ``(6) There shall be no exclusion of benefits for services described in subsection (b)(1) based on any pre-existing condition and no waiting period (including a waiting period to carry out section 2102(b)(3)(C)) shall apply. ``(d) No Impact on Allotments.--Nothing in this section shall be construed as affecting the amount of any initial allotment provided to a State under section 2104(b). ``(e) Application of Funding Restrictions.--The coverage under this section (and the funding of such coverage) is subject to the restrictions of section 2105(c).''. (b) Conforming Amendment.--Section 2102(b)(1)(B) of such Act (42 U.S.C. 1397bb(b)(1)(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 new clause: ``(iii) may not apply a waiting period (including a waiting period to carry out paragraph (3)(C)) in the case of a targeted low-income child who is pregnant.''. (c) Effective Date.--The amendments made by this section take effect on the date of the enactment of this Act and apply to allotments for all fiscal years. SEC. 3. OPTIONAL AUTOMATIC ENROLLMENT FOR CHILDREN BORN TO WOMEN RECEIVING PREGNANCY-RELATED ASSISTANCE. (a) In General.--Section 2111 of the Social Security Act, as added by section 2(a), is further amended by adding at the end the following new section: ``(f) Optional Automatic Enrollment for Children Born to Women Receiving Pregnancy-Related Assistance.--Notwithstanding any other provision of this title, if a child is born to a targeted low-income pregnant woman who was receiving pregnancy-related assistance under this section on the date of the child's birth, at the State's option under the child health plan the child may be deemed-- ``(1) to have applied for child health assistance under the State child health plan on the date of such birth; ``(2) to have been found eligible for such assistance on such date; and ``(3) to remain eligible for such assistance until the child attains 1 year of age, so long as the child is a member of the woman's household and the woman remains (or would remain if pregnant) eligible for such assistance.''. (b) Effective Date.--The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies to allotments for all fiscal years. <all>

usgpo

2024-06-24T03:05:41.805399

BILLS-106hr1844ih

Lebanese Adjustment Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1844 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1844 To provide for adjustment of status for certain aliens granted temporary protected status in the United States because of conditions in Lebanon. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. LaHood (for himself, Mr. Frank of Massachusetts, Mr. Kildee, Mr. Sununu, Mr. Frost, Mr. Dingell, and Mr. LaTourette) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide for adjustment of status for certain aliens granted temporary protected status in the United States because of conditions in Lebanon. 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 ``Lebanese Adjustment Act''. SEC. 2. ADJUSTMENT OF STATUS FOR CERTAIN NATIONALS OF LEBANON. (a) Adjustment of Status.-- (1) In general.--The status of any alien described in subsection (b) shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) applies for such adjustment not later than the date that is 18 months after the date of the enactment of this Act; and (B) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for inadmissibility specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Relationship of application to certain orders.--An alien present in the United States who has been ordered excluded, deported, removed, or ordered to depart voluntarily from the United States under any provision of the Immigration and Nationality Act may, notwithstanding such order, apply for adjustment of status under paragraph (1). Such an alien may not be required, as a condition of submitting or granting such application, to file a separate motion to reopen, reconsider, or vacate such order. If the Attorney General grants the application, the Attorney General shall cancel the order. If the Attorney General renders a final administrative decision to deny the application, the order shall be effective and enforceable to the same extent as if the application had not been made. (b) Aliens Eligible for Adjustment of Status.-- (1) In general.--The benefits provided by subsection (a) shall apply to any alien who-- (A) was granted temporary protected status in the United States by the Attorney General pursuant to the designation of Lebanon under section 244A(b) of the Immigration and Nationality Act (as in effect on the date of the designation) on March 21, 1991, or any extension of the designation; (B) prior to December 9, 1993, was permitted by the Attorney General voluntarily to depart the United States, in lieu of being subject to deportation proceedings or prior to the completion of such proceedings; and (C) has been physically present in the United States for a continuous period, beginning not later than March 28, 1993, and ending not earlier than the date the application for adjustment under such subsection is filed, except an alien shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any periods in the aggregate not exceeding 180 days. (2) Proof of commencement of continuous presence.--For purposes of establishing that the period of continuous physical presence referred to in paragraph (1)(C) commenced not later than March 28, 1993, an alien-- (A) shall demonstrate that the alien, prior to March 28, 1993-- (i) performed service, or engaged in a trade or business, within the United States which is evidenced by records maintained by the Commissioner of Social Security; or (ii) applied for any benefit under the Immigration and Nationality Act by means of an application establishing the alien's presence in the United States prior to March 28, 1993; or (B) shall make such other demonstration of physical presence as the Attorney General may provide for by regulation. (c) Stay of Removal; Work Authorization.-- (1) In general.--The Attorney General shall provide by regulation for an alien subject to a final order of deportation or removal to seek a stay of such order based on the filing of an application under subsection (a). (2) During certain proceedings.--Notwithstanding any provision of the Immigration and Nationality Act, the Attorney General shall not order any alien to be removed from the United States, if the alien is in exclusion, deportation, or removal proceedings under any provision of such Act and has applied for adjustment of status under subsection (a), except where the Attorney General has rendered a final administrative determination to deny the application. (3) Work authorization.--The Attorney General may authorize an alien who has applied for adjustment of status under subsection (a) to engage in employment in the United States during the pendency of such application and may provide the alien with an ``employment authorized'' endorsement or other appropriate document signifying authorization of employment, except that if such application is pending for a period exceeding 180 days, and has not been denied, the Attorney General shall authorize such employment. (d) Adjustment of Status for Spouses and Children.-- (1) In general.--The status of an alien shall be adjusted by the Attorney General to that of an alien lawfully admitted for permanent residence, if the alien-- (A) is the spouse, child, or unmarried son or daughter, of an alien whose status is adjusted to that of an alien lawfully admitted for permanent residence under subsection (a), except that in the case of such an unmarried son or daughter, the son or daughter shall be required to establish that they have been physically present in the United States for a continuous period, beginning not later than March 28, 1993, and ending not earlier than the date the application for adjustment under this subsection is filed; (B) applies for such adjustment not later than the date that is 18 months after the date of the enactment of this Act and is physically present in the United States on the date the application is filed; and (C) is otherwise admissible to the United States for permanent residence, except in determining such admissibility the grounds for exclusion specified in paragraphs (4), (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the Immigration and Nationality Act shall not apply. (2) Proof of continuous presence.--For purposes of establishing the period of continuous physical presence referred to in paragraph (1)(A), an alien-- (A) shall demonstrate that such period commenced not later than March 28, 1993, in a manner consistent with subsection (b)(2); and (B) shall not be considered to have failed to maintain continuous physical presence by reason of an absence, or absences, from the United States for any period in the aggregate not exceeding 180 days. (e) Availability of Administrative Review.--The Attorney General shall provide to applicants for adjustment of status under subsection (a) the same right to, and procedures for, administrative review as are provided to-- (1) applicants for adjustment of status under section 245 of the Immigration and Nationality Act; or (2) aliens subject to removal proceedings under section 240 of such Act. (f) Limitation on Judicial Review.--A determination by the Attorney General as to whether the status of any alien should be adjusted under this section is final and shall not be subject to review by any court. (g) Application of Immigration and Nationality Act Provisions.-- Except as otherwise specifically provided in this section, the definitions contained in the Immigration and Nationality Act shall apply in the administration of this section. Nothing contained in this section shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of such Act or any other law relating to immigration, nationality, or naturalization. The fact that an alien may be eligible to be granted the status of having been lawfully admitted for permanent residence under this section shall not preclude the alien from seeking such status under any other provision of law for which the alien may be eligible. <all>

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2024-06-24T03:05:41.889701

BILLS-106hr1846ih

To amend the Immigration and Nationality Act to permit the Attorney General to deem that an applicant for naturalization has taken an oath of renunciation and allegiance in certain cases where the applicant is medically unable to take the oath.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1846 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1846 To amend the Immigration and Nationality Act to permit the Attorney General to deem that an applicant for naturalization has taken an oath of renunciation and allegiance in certain cases where the applicant is medically unable to take the oath. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Ms. Lofgren introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to permit the Attorney General to deem that an applicant for naturalization has taken an oath of renunciation and allegiance in certain cases where the applicant is medically unable to take the oath. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMITTING ATTORNEY GENERAL TO DEEM THAT THE OATH OF RENUNCIATION AND ALLEGIANCE HAS BEEN TAKEN IN CERTAIN CASES WHEN APPLICANT IS MEDICALLY UNABLE TO TAKE THE OATH. (a) In General.--Section 337(a) of the Immigration and Nationality Act (8 U.S.C. 1448(a)) is amended by adding at the end the following: ``The Attorney General may deem that the oath has been taken if the applicant has fulfilled all other requirements for naturalization and became medically unable to take the oath, as determined by the Attorney General, after fulfilling the requirements of section 312(a).''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to applications for naturalization filed on or after such date and to such applications pending on such date. <all>

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2024-06-24T03:05:41.987331

BILLS-106hr1845ih

Aviation Bilateral Accountability Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1845 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1845 To amend title 49, United States Code, to provide for congressional review of civil aviation agreements. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Lipinski (for himself, Mr. Traficant, Mr. DeFazio, Mr. Duncan, Mr. Evans, Mr. Rush, Mr. Gutierrez, Mr. Davis of Illinois, Ms. Schakowsky, Mr. Costello, Mr. Phelps, Mr. Borski, Mr. Holden, and Mr. McGovern) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, 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 49, United States Code, to provide for congressional review of civil aviation agreements. 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 ``Aviation Bilateral Accountability Act of 1999''. SEC. 2. CIVIL AVIATION AGREEMENTS. Section 40105 of title 49, United States Code, is amended by adding at the end the following: ``(e) Congressional Review.-- ``(1) In general.--A civil aviation agreement that is entered into under this section after the date of enactment of this subsection shall enter into force with respect to the United States only if-- ``(A) the Secretary involved transmits to Congress a document containing a copy of the final text of the agreement, together with an explanation of the agreement; and ``(B)(i) a disapproval resolution is not introduced in either House of Congress on or before the last day of a 20-day period of continuous session of Congress following the date on which Congress receives the agreement under subparagraph (A); ``(ii) if a disapproval resolution is introduced in either House, the disapproval resolution is not enacted on or before the last day of a 90-day period of continuous session of Congress following the date on which Congress receives the agreement under subparagraph (A) and is not vetoed by the President; or ``(iii) if the President vetoes the disapproval resolution, both Houses of Congress do not vote to override the veto on or before the later of the last day of the 90-day period referred to in clause (ii) or the last day of a 30-day period of continuous session of Congress following the date Congress receives the veto message from the President. ``(2) Computing number of days.--For purposes of paragraphs (1) and (6), the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the number of days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the period specified. ``(3) Rules of house of representatives and senate.--This subsection is enacted by Congress-- ``(A) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such these provisions are 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 disapproval resolutions described in paragraph (4); and they supersede other rules only to the extent that they are inconsistent therewith; and ``(B) 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. ``(4) Disapproval resolution defined.--The term `disapproval resolution' means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: `That Congress disapproves the civil aviation agreement between the United States and ________________ transmitted by ________________ to the Congress on ________________.', the first blank space being filled with the name of the country involved, the second blank space being filled with the title of the Secretary involved, and the third blank space being filled with the appropriate date. ``(5) Referral.--A disapproval resolution introduced in the House of Representatives shall be referred to the Committee on Transportation and Infrastructure and a disapproval resolution introduced in the Senate shall be referred to the Committee on Commerce, Science, and Transportation. ``(6) Automatic discharge.--If the committee of either House to which a disapproval resolution has been referred has not reported the resolution on or before the 45th day after its introduction, the committee shall be automatically discharged from further consideration of the resolution. ``(7) Amendments prohibited.--No amendment to a disapproval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this paragraph by unanimous consent. ``(8) Prior action by other house.--If prior to the passage by one House of a disapproval resolution of that House, that House receives the same disapproval resolution from the other House, then-- ``(A) the procedure in that House shall be the same as if no disapproval resolution had been received from the other House; but ``(B) any vote on final passage shall be on the disapproval resolution of the other House. ``(9) Floor consideration in the house.-- ``(A) Motion to proceed.--A motion in the House of Representatives to proceed to the consideration of a disapproval resolution that has been reported by the Committee on Transportation and Infrastructure or received by the other House shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate.--Debate in the House of Representatives on a disapproval resolution shall be limited to not more than 5 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a disapproval resolution or to move to reconsider the vote by which a disapproval resolution is agreed to or disagreed to. ``(C) Motions to postpone.--Motions to postpone, made in the House of Representatives with respect to the consideration of a disapproval resolution, and motions to proceed to the consideration of other business, shall be decided without debate. ``(D) Appeals.--All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a disapproval resolution shall be decided without debate. ``(E) Applicability of other rules.--Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a disapproval resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances. ``(10) Floor consideration in the senate.-- ``(A) Motion to proceed.--A motion in the Senate to proceed to the consideration of a disapproval resolution that has been reported by the Committee on Commerce, Science, and Transportation or received by the other House shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate.--Debate in the Senate on a disapproval resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Appeals.--Debate in the Senate on any debatable motion or appeal in connection with a disapproval resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a disapproval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) Motion to limit debate; motion to recommit.-- A motion in the Senate to further limit debate is not debatable. A motion to recommit a disapproval resolution is not in order.''. <all>

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2024-06-24T03:05:42.080111

BILLS-106hr1842ih

Federally Impacted School Improvement Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1842 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1842 To provide matching grants for the construction, renovation, and repair of school facilities in areas affected by Federal activities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Hayworth (for himself and Mr. Pomeroy) introduced the following bill; which was referred to the Committee on Education and the Workforce, 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 provide matching grants for the construction, renovation, and repair of school facilities in areas affected by Federal activities, 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; FINDINGS; PURPOSE. (a) Short Title.--This Act may be cited as the ``Federally Impacted School Improvement Act''. (b) Findings.--Congress makes the following findings: (1) In 1950 Congress recognized its obligation, through the passage of Public Law 81-815, to provide school construction funding for local educational agencies impacted by the presence of Federal activities. (2) The conditions of federally impacted school facilities providing educational programs to children in areas where the Federal Government is present have deteriorated to such an extent that the health and safety of the children served by such agencies is being compromised, and the school conditions have not kept pace with the increase in student population causing classrooms to become severely overcrowded and children to be educated in trailers. (3) Local educational agencies in areas where there exists a significant Federal presence have little if any capacity to raise local funds for purposes of capital construction, renovation and repair due to the nontaxable status of Federal land. (4) The need for renewed support by the Federal Government to help federally connected local educational agencies modernize their school facilities is far greater in 2000 than at any time since 1950. (5) Federally connected local educational agencies and the communities the agencies serve are willing to commit local resources when available to modernize and replace existing facilities, but do not always have the resources available to meet their total facility needs due to the nontaxable presence of the Federal Government. (6) Due to the conditions described in paragraphs (1) through (5) there is in 1999, as there was in 1950, a need for Congress to renew its obligation to assist federally connected local educational agencies with their facility needs. (c) Purpose.--The purpose of this Act is to provide matching grants to local educational agencies for the modernization of minimum school facilities that are urgently needed because-- (1) the existing school facilities of the agency are in such disrepair that the health and safety of the students served by the agency is threatened; and (2) increased enrollment results in a need for additional classroom space. SEC. 2. DEFINITIONS. In this Act: (1) Modernization.--The term ``modernization'' means the repair, renovation, alteration, or construction of a facility, including-- (A) the concurrent installation of equipment; and (B) the complete or partial replacement of an existing facility, but only if such replacement is less expensive and more cost-effective than repair, renovation, or alteration of the facility. (2) Facility.--The term ``facility'' means a public structure suitable for use as a classroom, laboratory, library, media center, or related facility, the primary purpose of which is the instruction of public elementary school or secondary school students. (3) Local educational agency.--The term ``local educational agency'' has the meaning given the term in section 14101 of the Elementary and Secondary Education Act of 1965. (4) Secretary.--The term ``Secretary'' means-- (A) with respect to funds made available under paragraph (1) or (3) of section 4(a) for grants under section 6 or 8, respectively, the Secretary of Education; and (B) with respect to funds made available under paragraph (2) of section (4)(a) for grants under section 6, the Secretary of Defense. SEC. 3. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--There are authorized to be appropriated to the Department of Education to carry out this Act $50,000,000 for fiscal year 2001 and such sums as may be necessary for each of the 4 succeeding fiscal years. (b) Prohibition.--None of the funds authorized to be appropriated under subsection (a) shall be available to a local educational agency to pay the cost of administration of the activities assisted under this Act. SEC. 4. FEDERAL DISTRIBUTION OF FUNDING. (a) In General.--From amounts appropriated under section 3(a) for a fiscal year the Secretary of Education-- (1) shall use 45 percent to award grants under section 6 to local educational agencies-- (A) that are eligible for assistance under section 8002(a) of the Elementary and Secondary Education Act of 1965; and (B) for which the number of children determined under section 8003(a)(1)(C) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; (2) shall make available to the Secretary of Defense 45 percent to enable the Secretary of Defense to award grants under section 6 to local educational agencies for which the number of children determined under subparagraphs (A), (B), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constitutes at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made; and (3) shall use 10 percent to award grants under section 8. (b) Department of Defense Funding.-- (1) In general.--Not later than 30 days after the date the Secretary of Education receives funds appropriated under section 3(a) for a fiscal year, the Secretary of Education shall make available to the Secretary of Defense from such funds the portion of such funds described in subsection (a)(2) for the fiscal year. The Secretary of Defense shall use the portion to award grants under section 6 through the Office of Economic Adjustment of the Department of Defense. (2) Limitations.-- (A) Administrative expenses.--No funds made available under subsection (a)(2) shall be used by the Secretary of Defense to pay the costs of administration of the activities assisted under this Act. (B) Special rate.--No funds made available under subsection (a)(2) shall be used to replace Federal funds provided to enhance the quality of life of dependents of members of the Armed Forces as determined by the Secretary of Defense. SEC. 5. ELIGIBILITY REQUIREMENTS. (a) In General.--A local educational agency shall be eligible to receive funds under this Act if-- (1) the local educational agency is described in paragraph (1) or (2) of section 4(a); and (2) the local educational agency-- (A) received a payment under section 8002 of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and the assessed value of taxable property per student in the school district of the local educational agency is less than the average of the assessed value of taxable property per student in the State in which the local educational agency is located; or (B) received a basic payment under section 8003(b) of the Elementary and Secondary Education Act of 1965 during the fiscal year preceding the fiscal year for which the determination is made, and for which the number of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 constituted at least 25 percent of the number of children who were in average daily attendance in the schools of such local educational agency during the school year preceding the school year for which the determination is made. (b) Special Rule.--Any local educational agency described in subsection (a)(2)(B) may apply for funds under this section for the modernization of a facility located on Federal property (as defined in section 8013 of the Elementary and Secondary Education Act of 1965) only if the Secretary determines that the number of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 who were in average daily attendance in such facility constituted at least 50 percent of the number of children who were in average daily attendance in the facilities of the local educational agency during the school year preceding the school year for which the determination is made. SEC. 6. BASIC GRANTS. (a) Award Basis.--From the amounts made available under paragraphs (1) and (2) of section 4(a) the Secretary shall award grants to local educational agencies on such basis as the Secretary determines appropriate, including-- (1) in the case of a local educational agency described in section 5(a)(2)(A), a high percentage of the property in the school district of the local educational agency is nontaxable due to the presence of the Federal Government; (2) in the case of a local educational agency described in section 5(a)(2)(B), a high number or percentage of children determined under subparagraphs (A), (B), (C), and (D) of section 8003(a)(1) of the Elementary and Secondary Education Act of 1965; (3) the extent to which the local educational agency lacks the fiscal capacity, including the ability to raise funds through the full use of the local educational agency's bonding capacity and otherwise, to undertake the modernization project without Federal assistance; (4) the need for modernization to meet-- (A) the threat the condition of the facility poses to the safety and well-being of students; (B) the requirements of the Americans with Disabilities Act of 1990; (C) the costs associated with asbestos removal, energy conservation, and technology upgrading; and (D) overcrowding conditions as evidenced by the use of trailers and portable buildings and the potential for future overcrowding because of increased enrollment; (5) the facility needs of the local educational agency resulting from the acquisition or construction of military family housing under subchapter IV of chapter 169 of title 10, United States Code, and other actions of the Federal Government that cause an adverse impact on the facility needs of the local educational agency; and (6) the age of the facility to be modernized regardless of whether the facility was originally constructed with funds authorized under Public Law 81-815. (b) Grant Amount.--In determining the amount of a grant the Secretary shall-- (1) consider the relative costs of the modernization; (2) determine the cost of a project based on the local prevailing cost of the project; (3) require that the Federal share of the cost of the project shall not exceed 50 percent of the total cost of the project; (4) not provide a grant in an amount greater than $3,000,000 over any 5-year period; and (5) take into consideration the amount of cash available to the local educational agency. (c) Administration of Grants.--In awarding grants under this section the Secretary shall-- (1) establish by regulation the date by which all applications are to be received; (2) consider in-kind contributions when calculating the 50 percent matching funds requirement described in subsection (b)(3); and (3) subject all applications to a review process. (d) Section 8007 Funding.--In awarding grants under this section, the Secretary shall not take into consideration any funds received under section 8007 of the Elementary and Secondary Education Act of 1965. SEC. 7. APPLICATIONS REQUIRED. (a) In General.--Each local educational agency desiring a grant under this Act shall submit an application to the Secretary. (b) Contents.--Each application shall contain-- (1) a listing of the school facilities to be modernized, including the number and percentage of children determined under section 8003(a)(1) of the Elementary and Secondary Education Act of 1965 in average daily attendance in each facility; (2) a description of the ownership of the property on which the current facility is located or on which the planned facility will be located; (3) a description of each architectural, civil, structural, mechanical, or electrical deficiency to be corrected with funds provided under this Act, including the priority for the repair of the deficiency; (4) a description of any facility deficiency that poses a health or safety hazard to the occupants of the facility and a description of how that deficiency will be repaired; (5) a description of the criteria used by the local educational agency to determine the type of corrective action necessary to meet the purposes of this Act; (6) a description of the modernization to be supported with funds provided under this Act; (7) a cost estimate of the proposed modernization; (8) an identification of other resources (such as unused bonding capacity), if applicable, that are available to carry out the modernization, and an assurance that such resources will be used for the modernization; (9) a description of how activities assisted with funds provided under this Act will promote energy conservation; and (10) such other information and assurances as the Secretary may reasonably require. (c) Continuing Consideration.--A local educational agency that applies for assistance under this Act (other than section 8) for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following 5 fiscal years. SEC. 8. EMERGENCY GRANTS. (a) Waiver of Matching Requirement.--From the amount made available under section 4(a)(3) the Secretary shall award grants to any local educational agency for which the number of children determined under section 8003(a)(1)(C) constituted at least 50 percent of the number of children who were in average daily attendance in the schools of such agency during the school year preceding the school year for which the determination is made, if the Secretary determines a facility emergency exists that poses a health or safety hazard to the students and school personnel assigned to the facility. (b) Certification of Emergency.--In addition to meeting the requirements of section 7, a local educational agency desiring funds under this section shall include in the application submitted under section 7 a signed statement from a State official certifying that a health or safety deficiency exists. (c) Grant Amount; Prioritization Rules; Continuing Consideration.-- (1) Grant amount.--In determining the amount of grant awards under this section, the Secretary shall make every effort to fully meet the facility needs of the local educational agencies applying for funds under this section. (2) Prioritization rule.--If the Secretary receives more than 1 application under this section for any fiscal year, the Secretary shall prioritize the applications based on when an application was received and the severity of the emergency as determined by the Secretary. (3) Continuing consideration.--A local educational agency that applies for assistance under this section for any fiscal year and does not receive the assistance shall have the application for the assistance considered for the following fiscal year, subject to the prioritization requirement described in paragraph (2). SEC. 9. REQUIREMENTS. (a) Maintenance of Effort.--A local educational agency may receive a grant under this Act for any fiscal year only if the Secretary finds that either the combined fiscal effort per student or the aggregate expenditures of that agency and the State with respect to the provision of free public education by such local educational agency for the preceding fiscal year was not less than 90 percent of such combined fiscal effort or aggregate expenditures for the fiscal year for which the determination is made. (b) Supplement Not Supplant.--An eligible local educational agency shall use funds received under this subsection only to supplement the amount of funds that would, in the absence of such Federal funds, be made available from non-Federal sources for the modernization of school facilities used for educational purposes, and not to supplant such funds. SEC. 10. GENERAL LIMITATIONS. (a) Real Property.--No part of any grant funds awarded under this Act shall be used for the acquisition of any interest in real property. (b) Maintenance.--Nothing in this Act shall be construed to authorize the payment of maintenance costs in connection with any facilities modernized in whole or in part with Federal funds provided under this Act. (c) Environmental Safeguards.--All projects carried out with Federal funds provided under this Act shall comply with all relevant Federal, State, and local environmental laws and regulations. (d) Athletic and Similar Facilities.--No funds received under this Act shall be used for outdoor stadiums or other facilities that are primarily used for athletic contests or exhibitions, or other events, for which admission is charged to the general public. <all>

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2024-06-24T03:05:42.141732

BILLS-106hr1849ih

To require the Attorney General to promulgate regulations relating to gender-related persecution, including female genital mutilation, for use in determining an alien's eligibility for asylum or withholding of deportation.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1849 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1849 To require the Attorney General to promulgate regulations relating to gender-related persecution, including female genital mutilation, for use in determining an alien's eligibility for asylum or withholding of deportation. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mrs. Maloney of New York (for herself, Mrs. Kelly, Mr. Abercrombie, Ms. Berkley, Mrs. Christensen, Mrs. Clayton, Mr. Conyers, Mr. Farr of California, Mr. Filner, Mr. Frost, Ms. Jackson-Lee of Texas, Mr. Jefferson, Mr. LaFalce, Mr. Lewis of Georgia, Ms. Lofgren, Mr. McGovern, Ms. McKinney, Mr. Meehan, Ms. Millender-McDonald, Mrs. Morella, Ms. Norton, Mr. Olver, Mr. Payne, Ms. Pelosi, Ms. Rivers, Mr. Romero-Barcelo, Mr. Sanders, Ms. Schakowsky, Ms. Slaughter, Mr. Stark, Mrs. Thurman, Mr. Underwood, Mr. Weiner, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To require the Attorney General to promulgate regulations relating to gender-related persecution, including female genital mutilation, for use in determining an alien's eligibility for asylum or withholding of deportation. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REQUIREMENT TO PROMULGATE REGULATIONS CONCERNING GENDER- RELATED PERSECUTION. (a) Regulations for Use in Evaluating Asylum Applications.--The Attorney General shall promulgate regulations, which shall apply to the determination of an alien's eligibility to be granted asylum under section 208 of the Immigration and Nationality Act, interpreting, in a manner consistent with international law and standards, the term ``persecution'', as used in section 101(a)(42)(A) of such Act, to include gender-related persecution, including female genital mutilation. The regulations under this subsection may not create burdens, or increase requirements, for establishing persecution beyond those established by international law and standards and decisions of the Board of Immigration Appeals. (b) Regulations for Use in Withholding Deportation or Return.--The Attorney General shall promulgate regulations relating to gender- related persecution, including female genital mutilation, which shall apply to the determination under section 243(h) of the Immigration and Nationality Act. The regulations under this subsection shall be consistent, to the extent appropriate under such Act, with the regulations under subsection (a). (c) Deadline.--The Attorney General shall promulgate the regulations required by this Act not later than the date that is 30 days after the date of the enactment of this Act. (d) Definition.--For purposes of this Act, the term ``gender- related persecution'' means a harm that-- (1) is specific to, or disproportionately affects, women on the ground of their gender; and (2) otherwise would be considered persecution for purposes of section 101(a)(42)(A) of the Immigration and Nationality Act. <all>

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2024-06-24T03:05:42.184016

BILLS-106hr1848ih

Right to Breastfeed Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1848 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1848 To ensure a woman's right to breastfeed her child on any portion of Federal property where the woman and her child are otherwise authorized to be. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mrs. Maloney of New York (for herself, Mr. Shays, Ms. Roybal-Allard, Mrs. Morella, Ms. Norton, and Mr. Dooley of California) introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL To ensure a woman's right to breastfeed her child on any portion of Federal property where the woman and her child are otherwise authorized to be. 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 ``Right to Breastfeed Act''. SEC. 2. RIGHT TO BREASTFEED. Notwithstanding any other provision of law, a woman may breastfeed her child on any portion of Federal property where the woman and her child are otherwise authorized to be. SEC. 3. DEFINITIONS. In this Act, the term ``Federal property'' means any building, land, or other real property owned, leased, or occupied by any department, agency, or instrumentality of the United States (including the Department of Defense, the United States Postal Service, and any establishment in the legislative or judicial branches of the Government), or any other instrumentality wholly owned by the United States. <all>

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2024-06-24T03:05:42.267492

BILLS-106hr1850ih

Sugar Program Reform Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1850 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1850 To amend the Agricultural Market Transition Act to convert the price support program for sugarcane and sugar beets into a system of solely recourse loans and to provide for the gradual elimination of the program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Miller of Florida (for himself, Mr. George Miller of California, Mr. Goss, Mr. Kolbe, Mr. Forbes, Mr. Waxman, Mr. Royce, Mr. Shays, Mr. Wolf, Mrs. Northup, Mr. Frelinghuysen, Mr. Blagojevich, Mr. Sununu, Mr. Stark, Mr. Meehan, Mr. Sanford, Mr. Bass, Mr. Campbell, Mr. Brady of Pennsylvania, Mr. Portman, Mr. Berman, Mr. Visclosky, Mr. Hinchey, Mr. Hutchinson, Mr. Cardin, Mr. Castle, Mr. Hansen, Mr. Cook, Mr. Coyne, Mr. English, Mr. Rohrabacher, Mr. Souder, Mr. Weiner, Mr. Shaw, Mr. Scarborough, Mr. Porter, Mr. Coburn, Mr. Horn, Mr. Ramstad, Mr. Wamp, Mr. Sensenbrenner, Mrs. Roukema, Mr. Kingston, and Mr. Salmon) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To amend the Agricultural Market Transition Act to convert the price support program for sugarcane and sugar beets into a system of solely recourse loans and to provide for the gradual elimination of the 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 ``Sugar Program Reform Act''. SEC. 2. RECOURSE LOANS FOR PROCESSORS OF SUGARCANE AND SUGAR BEETS AND REDUCTION IN LOAN RATES. (a) Gradual Reduction in Loan Rates.-- (1) Sugarcane processor loans.--Subsection (a) of section 156 of the Agricultural Market Transition Act (7 U.S.C. 7272) is amended by striking ``equal to 18 cents per pound for raw cane sugar.'' and inserting the following: ``, per pound for raw cane sugar, equal to the following: ``(1) In the case of raw cane sugar processed from the 1996 through 1998 crops, $0.18. ``(2) In the case of raw cane sugar processed from the 1999 crop, $0.17. ``(3) In the case of raw cane sugar processed from the 2000 crop, $0.16. ``(4) In the case of raw cane sugar processed from the 2001 crop, $0.15. ``(5) In the case of raw cane sugar processed from the 2002 crop, $0.14.''. (2) Sugar beet processor loans.--Subsection (b) of such section is amended by striking ``equal to 22.9 cents per pound for refined beet sugar.'' and inserting the following: ``, per pound of refined beet sugar, that reflects-- ``(1) an amount that bears the same relation to the loan rate in effect under subsection (a) for a crop as the weighted average of producer returns for sugar beets bears to the weighted average of producer returns for sugarcane, expressed on a cents per pound basis for refined beet sugar and raw cane sugar, for the most recent five-year period for which data are available; plus ``(2) an amount that covers sugar beet processor fixed marketing expenses.''. (b) Conversion to Recourse Loans.--Subsection (e) of such section is amended-- (1) in paragraph (1), by inserting ``only'' after ``this section''; and (2) by striking paragraphs (2) and (3) and inserting the following new paragraph: ``(2) National loan rates.--Recourse loans under this section shall be made available at all locations nationally at the rates specified in this section, without adjustment to provide regional differentials.''. (c) Conversion to Private Sector Financing.--Such section is further amended-- (1) by redesignating subsection (i) as subsection (j); (2) by inserting after subsection (h) the following new subsection: ``(i) Conversion to Private Sector Financing.--Notwithstanding any other provision of law, no processor of the 2003 or subsequent crops of sugarcane or sugar beets shall be eligible for loans under this section with respect to such crops, and the Secretary of Agriculture may not make price support available, whether in the form of loans, payments, purchases, or other operations, for the 2003 and subsequent crops of sugar beets and sugarcane by using the funds of the Commodity Credit Corporation or other funds available to the Secretary.''; and (3) in subsection (j), as redesignated by paragraph (1), by striking ``subsection (f)'' and inserting ``subsections (f) and (i)''. (d) Termination of Marketing Quotas and Allotments.-- (1) Termination.--Part VII of subtitle B of title III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1359aa- 1359jj) is repealed. (2) Conforming amendment.--Section 344(f)(2) of such Act (7 U.S.C. 1344(f)(2)) is amended by striking ``sugar cane for sugar, sugar beets for sugar,''. (e) Other Conforming Amendments.-- (1) Price support for nonbasic agricultural commodities.-- The Agricultural Act of 1949 is amended-- (A) in section 201(a) (7 U.S.C. 1446(a)), by striking ``milk, sugar beets, and sugarcane'' and inserting ``, and milk''; and (B) in section 301 (7 U.S.C. 1447), by inserting ``(other than sugarcane and sugar beets)'' after ``title II''. (2) Powers of commodity credit corporation.--Section 5(a) of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c(a)) is amended by inserting ``(except for sugarcane and sugar beets of the 2003 and subsequent crops)'' after ``agricultural commodities''. (3) Section 32 activities.--The second sentence of the first paragraph of section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), is amended by inserting ``(other than sugarcane and sugar beets)'' after ``commodity'' the last place it appears. (f) Assurance of Adequate Supplies of Sugar.--Subsection (a) of section 902 of the Food Security Act of 1985 (Public Law 99-198; 7 U.S.C. 1446g note) is amended to read as follows: ``(a) Beginning with the quota year for sugar imports which begins after the 1998/1999 quota year, the President shall use all authorities available to the President as may be necessary to enable the Secretary of Agriculture to ensure that adequate supplies of raw cane sugar are made available to the United States market at prices no greater than the higher of-- ``(1) the world sugar price (adjusted to a delivered basis); or ``(2) the raw cane sugar loan rate in effect under section 156 of the Agricultural Market Transition Act (7 U.S.C. 7272), plus interest.''. <all>

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2024-06-24T03:05:42.281024

BILLS-106hr1854ih

Immigration Backlog Reduction Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1854 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1854 To temporarily increase the number of visas available for backlogged spouses and children of lawful permanent resident aliens. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Shays (for himself, Mrs. Maloney of New York, Ms. Berkley, Mr. Brady of Pennsylvania, Mr. Capuano, Mr. English, Mr. Faleomavaega, Mr. Frost, Mr. Gilman, Mr. Gutierrez, Ms. Jackson-Lee of Texas, Mrs. Johnson of Connecticut, Ms. Kilpatrick, Mr. Kolbe, Ms. Lee, Mr. Maloney of Connecticut, Mr. McGovern, Mr. Nadler, Mr. Petri, Mr. Schaffer, Ms. Schakowsky, and Mr. Underwood) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To temporarily increase the number of visas available for backlogged spouses and children of lawful permanent resident aliens. 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 ``Immigration Backlog Reduction Act''. SEC. 2. 5-YEAR INCREASE IN VISAS FOR BACKLOGGED SPOUSES AND CHILDREN OF LAWFUL PERMANENT RESIDENT ALIENS. (a) In General.--In addition to any immigrant visa numbers otherwise available, 60,000 immigrant visa numbers shall be made available in each of the fiscal years 2000 through 2004 for aliens who have petitions approved for classification under section 203(a)(2)(A) of the Immigration and Nationality Act for the fiscal year. (b) Priority.-- (1) Subject to paragraph (2), visa numbers under this section shall be made available in the order in which a petition, on behalf of each such immigrant for classification under section 203(a)(2)(A) of the Immigration and Nationality Act, is filed with the Attorney General under section 204 of such Act. (2) Visa numbers under this section shall first be made available to aliens for whom the petitioning alien did not become an alien lawfully admitted for permanent residence through the operation of section 210 or 245A of the Immigration and Nationality Act. (3) The per country numerical limitations of section 202 of such Act shall not apply with respect to visa numbers made available under this section, and visa numbers made available under this section shall not be counted in determining whether there are excess family admissions in a fiscal year under section 201(c)(3)(B) of the Immigration and Nationality Act. <all>

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2024-06-24T03:05:42.459408

BILLS-106hr1852ih

Multidistrict Trial Jurisdiction Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1852 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1852 To amend title 28, United States Code, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Sensenbrenner (for himself, Mr. Coble, and Mr. Berman) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 28, United States Code, to allow a judge to whom a case is transferred to retain jurisdiction over certain multidistrict litigation cases for trial. 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 ``Multidistrict Trial Jurisdiction Act of 1999''. SEC. 2. MULTIDISTRICT LITIGATION. Section 1407 of title 28, United States Code, is amended-- (1) in the third sentence of subsection (a), by inserting ``or ordered transferred to the transferee or other district under subsection (i)'' after ``terminated''; and (2) by adding at the end the following new subsection: ``(i) Any action transferred under this section by the panel may be transferred for trial purposes, by the judge or judges of the transferee district to whom the action was assigned, to the transferee or other district in the interest of justice and for the convenience of the parties and witnesses.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall apply to any civil action pending on or brought on or after the date of the enactment of this Act. <all>

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2024-06-24T03:05:42.573686

BILLS-106hr1851ih

Hazard Reporting Protection Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1851 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1851 To amend the Occupational Safety and Health Act of 1970 to enhance protections for employees reporting workplace hazards to the Occupational Safety and Health Administration. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Owens (for himself, Mr. Clay, Mr. George Miller of California, Mr. Martinez, Mr. Payne, Mr. Kucinich, and Ms. Woolsey) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Occupational Safety and Health Act of 1970 to enhance protections for employees reporting workplace hazards to the Occupational Safety and Health Administration. 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 ``Hazard Reporting Protection Act of 1999''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made in a section or other provision of the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) SEC. 2. EMPLOYEE ACTIONS. Section 11(c)(1) (29 U.S.C. 660(c)(1) is amended by adding at the end the following: ``including reporting any injury, illness or unsafe condition.'' SEC. 3. PROHIBITION OF DISCRIMINATION. Section 11(c) (29 U.S.C. 660(c)) is amended by striking out paragraph (2) and inserting in lieu thereof the following: ``(2) No person shall discharge or in any manner discriminate against an employee for refusing to perform the employee's duties when the employee has a reasonable apprehension that performing such duties would result in serious injury or serious impairment of health to the employee or other employees. The circumstances causing the employee's apprehension of serious injury must be of such a nature that a reasonable person would conclude that there is a danger of serious injury or serious impairment of health. In order to qualify for protection, where possible, the employee must have communicated to his employer the danger perceived.''. SEC. 4. PROCEDURE. Section 11(c) (29 U.S.C. 660(c)) is amended by striking out paragraph (3) and inserting in lieu thereof the following: ``(3) Any employee who believes that he has been discharged, disciplined, or otherwise discriminate against in violation of paragraph (1) or (2) may, within 180 days after such alleged violation occurs, file (or have filed by any person on the employee's behalf) a complaint with the Secretary alleging such discharge, discipline, or discrimination. Upon receipt of such a complaint, the Secretary shall notify the person named in the complaint of the filing of the complaint. ``(4)(A) Within 90 days of receipt of a complaint filed under paragraph (3), the Secretary shall conduct an investigation and determine whether there is reasonable cause to believe that the complaint has merit and notify the complainant and the person alleged to have committed the violation of paragraph (1) or (2) of the Secretary's findings. Where the Secretary has concluded that there is reasonable cause to believe that a violation has occurred, the Secretary's findings shall be accompanied by a preliminary order providing the relief prescribed by paragraph (D). ``Thereafter, ``(i) the person alleged to have committed the violation or the complainant may, within 30 days, file objections to the findings or preliminary order, or both, and request a hearing on the record, except that the filing of such objections shall not operate to stay any reinstatement remedy contained in the preliminary order. ``(ii) Where a hearing is not timely requested, the preliminary order shall be deemed a final order which is not subject to judicial review. ``(B) If the Secretary has not issued findings under paragraph (4)(A) within 90 days, and the employee or representative of the employee files a request for a hearing with the Secretary, the Secretary shall afford an opportunity for a hearing on the record. ``(C) When requested, a hearing shall be conducted by an administrative law judge of the Department of Labor and a recommended decision and order issued expeditiously. The legal burdens of proof that prevail under section 1221 of title 5, United States Code, shall govern adjudication of violations under this subsection. The Secretary shall issue a final order within 120 days of the issuance of the recommended decision. In the interim, such proceedings may be terminated at any time on the basis of a settlement agreement entered into by the Secretary, the complainant, and the person alleged to have committed the violation. ``(D) If, in response to a complaint filed under paragraph (3), the Secretary determines that a violation of paragraphs (1) or (2) has occurred, the Secretary may order-- ``(i) the person who committed such violation to correct the violation, ``(ii) such person to reinstate the complainant to the complainant's former position together with the compensation (including back pay), terms, conditions, and privileges of the position, ``(iii) compensatory damages, and ``(iv) exemplary damages. Upon issuance of such an order, the Secretary may assess against the person against whom the order is issued a sum equal to the aggregate amount of all costs and expenses (including attorney's fees and expert witness fees) reasonably incurred, as determined by the Secretary, by the complainant for, or in connection with, the bringing of the complaint upon which the order was issued, including costs and expenses incurred upon review before a court of appeals. ``(E) In conducting an investigation or adjudication under this paragraph, the provisions of section 8(b) of this act shall apply. ``(5)(A) Any person adversely affected or aggrieved by a final order issued under paragraph (4)(C) may obtain review of the order before the United States court of appeals for the circuit in which the violation, with respect to which the order was issued, occurred, or the circuit in which such person resided on the date of such violation. The petition for review must be filed within 60 days from the issuance of the Secretary's order. Such review shall be in accordance with the provisions of chapter 7 of title 5, United States Code. An order of the Secretary subject to review under this subsection is not subject to judicial review in a criminal or other civil proceeding. The commencement proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary. ``(B) Whenever a person has failed to comply with a final order or an order of reinstatement issued under paragraph (4), the Secretary or the person on behalf of whom the order was issued may file a civil action in the United States district court for the district in which the violation was found to occur in order to enforce such order. In actions brought under this subparagraph, the district court shall have jurisdiction to grant additional appropriate relief in light of the noncompliance.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect ninety days after the date of enactment of this Act. <all>

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2024-06-24T03:05:42.581099

BILLS-106hr1856ih

Tough on Drugs Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1856 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1856 To direct the Attorney General to establish a panel to study the issue of Federal benefits received by persons convicted of drug offenses. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Thornberry introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To direct the Attorney General to establish a panel to study the issue of Federal benefits received by persons convicted of drug offenses. 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 ``Tough on Drugs Act of 1999''. SEC. 2. ESTABLISHMENT OF PANEL. (a) In General.--The Attorney General shall establish a panel to study, and make findings, conclusions, and recommendations, with regard to the issues related to Federal benefits received by persons convicted of drug offenses. (b) Issues To Be Examined.--The panel established in subsection (a) shall examine the following issues as they relate to Federal benefits received by persons convicted of drug offenses: (1) The number of individuals in the United States receiving Federal benefits who have been convicted of a drug offense. (2) The amount of Federal money, per Federal benefit program, that goes to individuals convicted of a drug offense. (3) The legal and constitutional implications, limitations, or impediments related to a denial of Federal benefits to individuals convicted of a drug offense. (4) The specific Federal and State drug offenses which could be utilized as a trigger for a denial of Federal benefits. (5) Ways in which the Federal and State Governments could improve the exchange of information about individuals convicted of a drug offense. (6) The length of time for which Federal benefits might be denied to individuals convicted of a drug offense, and the effect of such denial on such convicted individual, as well as on any dependent of any such individual. (7) The cost-effectiveness of a denial of Federal benefits to individuals convicted of a drug offense, including any savings to the Federal Government resulting from such a denial of Federal benefits. (c) Definition of Federal Benefit.--In this Act, the term ``Federal benefit'' means any program or entitlement in which the Federal Government provides a payment of money or a direct financial benefit to the recipient, including Federal housing benefits, Medicaid, Medicare, food stamps, and Social Security. (d) Report.--The panel shall submit a report to Congress detailing its methodology, findings, conclusions, and recommendations, not later than one year after the date of the enactment of this Act. <all>

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2024-06-24T03:05:42.679438

BILLS-106hr1857ih

Living Organ Donation Incentives Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1857 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1857 To amend the Family and Medical Leave Act of 1993 to allow leave for individuals who give living organ donations, to amend the Public Health Service Act with respect to paying travel and subsistence expenses that are incurred by individuals in donating or receiving of organs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mrs. Thurman (for herself, Mr. Stark, Mr. Canady of Florida, Ms. Berkley, Mr. Matsui, Mr. Lewis of Georgia, Ms. Baldwin, Mr. Hilliard, Mr. Barrett of Wisconsin, Ms. Kilpatrick, Ms. Millender-McDonald, and Ms. Hooley of Oregon) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Commerce, Government Reform, House Administration, 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 Family and Medical Leave Act of 1993 to allow leave for individuals who give living organ donations, to amend the Public Health Service Act with respect to paying travel and subsistence expenses that are incurred by individuals in donating or receiving of organs, 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 ``Living Organ Donation Incentives Act of 1999''. SEC. 2. FAMILY AND MEDICAL LEAVE. (a) Civilian Population.-- (1) Leave requirement.--Section 102(a) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)) is amended by adding at the end the following: ``(E) to provide a living organ donation, including time spent for-- ``(i) tests used to determine if the live donor is medically suitable to donate; ``(ii) physical, psychological, and social evaluations of the live donor; ``(iii) pre-transplant outpatient services; ``(iv) post-operative inpatient and outpatient transplantation services; ``(v) travel in connection with tests, evaluations, and services described in clauses (i) through (iv); and ``(vi) recuperation consistent with the type of transplant.''. (2) Conforming.-- (A) Section 102.--Sections 102(b) and 102(e) of such Act (29 U.S.C. 2612(b), (e)) are each amended by striking ``(C) or (D)'' each place it occurs and inserting ``(C), (D), or (E)''. (B) Section 102(b).--Sections 102(b)(2) and 102(e)(2) of such Act (29 U.S.C. 2612(b)(2), 2612(e)(2))) are each amended by inserting ``, including living organ donation'' after ``treatment''. (B) Section 103.--Section 103 of such Act (29 U.S.C. 2613) is amended-- (A) in subsection (b)(4), by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following: ``(C) for purposes of leave under section 6382(a)(1)(E), a statement that the employee is unable to perform the functions of the position of the employee.''; (B) in subsection (b)(5), by inserting ``or living organ donation'' after ``treatment'' each place it appears; and (C) in subsection (c)(1), by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)''. (C) Section 104(a).--Section 104(a)(4) of such Act (29 U.S.C. 2614(a)(4)) is amended by inserting ``or section 102(a)(1)(E)'' after ``(D)''. (D) Section 104(c).--Section 104(c)(2) of such Act (29 U.S.C. 2614(c)(2)) is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)'' and section 104(c)(3)(A) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; or'', and by adding at the end the following: ``(iii) a certification issued by the health care provider of the eligible employee, in the case of an employee unable to return to work because of a condition specified in section 102(a)(1)(E).''; and section 104(c)(3)(C)(i) of such Act (29 U.S.C. 2614(c)(3)(C)(i)) is amended by inserting ``or (A)(iii)'' after ``(ii)''. (E) Section 108.--Section 108(c)(1) of such Act (29 U.S.C. 2618(c)(1)) is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)'' and by inserting ``, including living organ donation'' after ``treatment'' each place it occurs. (b) Federal Population.-- (1) Leave requirement.--Section 6382(a)(1) of title 5, United States Code, is amended by adding at the end the following: ``(E) to provide a living organ donation, including time spent for-- ``(i) tests used to determine if the live donor is medically suitable to donate; ``(ii) physical, psychological, and social evaluations of the live donor; ``(iii) post-operative inpatient and outpatient transplantation services; ``(iv) pre-transplant outpatient services; ``(v) travel in connection with tests, evaluations, and services described in clauses (i) through (iv); and ``(vi) recuperation consistent with the type of transplant.''. (2) Conforming.-- (A) Section 6382(b)(2).--Section 6382(b)(2) of such title is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)''. (B) Section 6382(d).--Section 6382(d) of such title is amended by striking ``or (D)'' and inserting ``(D), or (E)''. (C) Section 6382(e)(2).--Section 6382(e)(2) of such title is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)''. (D) Section 6383(a).--Section 6383(a) of such title is amended by striking ``(C) or (D)'' and inserting ``(C), (D), or (E)''. (E) Section 6833(b)(4).--Section 6833(b)(4) of such title is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``; and'', and by adding at the end the following: ``(C) for purposes of leave under section 6382(a)(1)(E), a statement that the employee is unable to perform the functions of the position of the employee.''. (F) Section 6833(b)(5).--Section 6833(b)(5) of such title is amended by inserting ``, including living organ donation'' after ``treatment''. (G) Section 6384(d).--Section 6384(d) of such title is amended by inserting ``or section 6382(a)(1)(E)'' after ``(D)''. SEC. 3. NATIONAL PROGRAM FOR PAYMENT OF TRAVEL AND SUBSISTENCE EXPENSES INCURRED TOWARD DONATION OR RECEIPT OF ORGANS. Part H of the Public Health Service Act (42 U.S.C. 273 et seq.) is amended-- (1) by redesignating section 378 as section 379; and (2) by inserting after section 377 the following section: ``payment of travel and subsistence expenses regarding organ donation ``Sec. 378. (a) In General.--The Secretary may carry out a national program of making awards of grants or contracts to States, transplant centers, qualified organ procurement organizations under section 371, or other public or private entities for the purpose of providing for the payment of travel and subsistence expenses incurred by individuals, or as applicable their families, toward making or receiving donations of organs. ``(b) Certain Criteria.--In establishing criteria for carrying out subsection (a), the Secretary may include the following: ``(1) In addition to the payment of travel and subsistence expenses, the criteria may provide for the payment of such additional nonmedical expenses as the Secretary determines to be appropriate. ``(2) The criteria may provide that the individuals for whom qualifying expenses are paid will include individuals, or as applicable their families, who in good faith incur such expenses toward the intended donating or receiving of an organ but with respect to whom, for such reasons as the Secretary determines to be appropriate, no donating or receiving of the organ occurs. ``(c) Relationship to Payments Under Other Programs.--A grant may be made under subsection (a) only if the applicant involved agrees that the grant will not be expended to pay qualifying expenses for an individual to the extent that payment has been made, or can reasonably be expected to be made, with respect to such expenses-- ``(1) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or ``(2) by an entity that provides health services on a prepaid basis. ``(d) Definition.--For purposes of this section, the term `qualifying expenses', with respect to donating or receiving an organ, means travel and subsistence expenses, and such additional nonmedical expenses as may be designated under subsection (b)(1). ``(e) 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 of the fiscal years 2000 through 2004.''. SEC. 4. INCREASE IN PAYMENT AMOUNT FOR RENAL DIALYSIS SERVICES FURNISHED UNDER THE MEDICARE PROGRAM. (a) In General.--Section 1881(b)(7) of the Social Security Act (42 U.S.C. 1395rr(b)(7)) is amended by adding at the end the following new flush sentence: ``The Secretary shall increase the amount of each composite rate payment for dialysis services furnished on or after January 1, 2000, by 2.9 percent above such composite rate payment amounts for such services furnished on December 31, 1999.''. (b) Conforming Amendment.-- (1) In general.--Section 9335(a) of the Omnibus Budget Reconciliation Act of 1986 (42 U.S.C. 1395rr note) is amended by striking paragraph (1). (2) Effective date.--The amendment made by paragraph (1) shall take effect on January 1, 2000. <all>

usgpo

2024-06-24T03:05:42.824996

BILLS-106hr1853ih

Savings Account for Every American Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1853 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1853 To provide for each American the opportunity to provide for his or her retirement through a S.A.F.E. account, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 18, 1999 Mr. Sessions introduced the following bill; which was referred to the Committee on Ways and Means, 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 provide for each American the opportunity to provide for his or her retirement through a S.A.F.E. account, 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 ``Savings Account for Every American Act of 1999''. (b) Table of Contents.--The table of contents is as follows: Sec. 1. Short title and table of contents. TITLE I--PERSONAL RETIREMENT PROGRAM Sec. 101. Definitions. Sec. 102. S.A.F.E. account payroll deduction programs. Sec. 103. Designation of S.A.F.E. accounts. Sec. 104. Self-employed individuals. Sec. 105. Elective participation. Sec. 106. Penalties. Sec. 107. Federal civilian and military personnel. TITLE II--TAX-EXEMPT S.A.F.E. ACCOUNTS Sec. 201. S.A.F.E. accounts. Sec. 202. Effective date. TITLE III--CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT AND THE INTERNAL REVENUE CODE OF 1986 Sec. 301. Reductions in and exemptions from FICA taxes and SECA taxes with respect to eligible individuals. Sec. 302. Exclusion of eligible individuals from old-age, survivors, and disability insurance coverage. Sec. 303. Information provided in social security account statements. TITLE I--PERSONAL RETIREMENT PROGRAM SEC. 101. DEFINITIONS. For purposes of this title-- (1) Account holder.--The term ``account holder'' means, with respect to any S.A.F.E. account, the individual for whose benefit such account is maintained. (2) Business day.--The term ``business day'' means any day other than a Saturday, Sunday, or legal holiday in the area involved. (3) Covered employer.--The term ``covered employer'' means, for any calendar year, a person for whom an eligible individual is engaged in employment during the year. (4) Eligible individual.--The term ``eligible individual'' means any individual with respect to whom there is in effect an election under section 105(a). (5) Employment.--The term ``employment'' has the meaning provided in section 210 of the Social Security Act. (6) Prescribed employee contribution.--The term ``prescribed employee contribution'' means, with respect to any eligible individual who is engaged in employment for a covered employer during any calendar year, an amount equal to 6.2 percent of the wages received by such employee with respect to such employment, to the extent that such wages do not exceed, for such calendar year, the contribution and benefit base for such calendar year under section 230 of the Social Security Act. (7) Prescribed self-employment contribution.--The term ``prescribed self-employment contribution'' means, with respect to the self-employment income of an eligible individual for any calendar year, the excess (if any) of-- (A) 6.2 percent of the amount of such self- employment income for such calendar year, to the extent that such self-employment income does not exceed, for such calendar year, the contribution and benefit base for such calendar year under section 230 of the Social Security Act, over (B) the total of all prescribed employee contributions and prescribed employer contributions payable with respect to such eligible individual for such calendar year. Effective with the commencement of the 16th calendar year for which the eligible individual's election under section 105 is in effect, ``12.4 percent'' shall be substituted for ``6.2 percent'' in subparagraph (A). (8) Prescribed employer contribution.--The term ``prescribed employer contribution'' means, with respect to any eligible individual who is engaged in employment for a covered employer during any calendar year, an amount equal to 6.2 percent of the wages received by such employee with respect to such employment, to the extent that such wages do not exceed, for such calendar year, the contribution and benefit base for such calendar year under section 230 of the Social Security Act. (9) S.A.F.E. account.--The term ``S.A.F.E. account'' has the meaning provided in section 222(c) of the Internal Revenue Code of 1986. (10) Self-employment income.--The term ``self-employment income'' has the meaning provided in section 211(b) of the Social Security Act. (11) Wages.--The term ``wages'' has the meaning provided in section 209 of the Social Security Act. SEC. 102. S.A.F.E. ACCOUNT PAYROLL DEDUCTION PROGRAMS. (a) In General.--Each person who is a covered employer for any calendar year shall have in effect throughout such calendar year a S.A.F.E. account payroll deduction program for such person's employees who are eligible individuals. (b) Requirements.--For purposes of this Act, the term ``S.A.F.E. account payroll deduction program'' means a written program maintained by a covered employer if-- (1) under such program, the prescribed employee contribution is deducted from the wages of each employee who is an eligible individual and paid as a contribution on behalf of the employee to a S.A.F.E. account of such employee designated in accordance with section 103, (2) under such program, the covered employer-- (A) makes timely payment of the amount so deducted as a contribution to the designated S.A.F.E. account, and (B) effective upon receipt from the eligible individual of certification (in accordance with regulations which shall be prescribed by the Commissioner of Social Security) of the commencement of the 16th calendar year for which the eligible employee's election under section 105 has been in effect, makes timely payment, together with the amount so deducted, of the prescribed employer contribution with respect to the eligible individual, under regulations of the Commissioner of Social Security applying the same principles relating to the timeliness of payment as are applicable under chapter 62 of the Internal Revenue Code of 1986 with respect to taxes under chapter 21 of such Code, and (3) the employer receives no compensation for the cost of administering such program. (c) Amounts Otherwise Payable May Be Accumulated by Employer in Certain Cases.--If, under the terms of the governing instruments creating a S.A.F.E. account designated under section 103, contributions below a specified amount will not be accepted, the requirements of subsection (b)(2) shall be treated as met if amounts deducted from the wages of an employee who is an eligible individual, together with prescribed employer contributions (if any), are accumulated by the covered employer and paid to such account otherwise in accordance with subsection (b)(2) with reference to the first day on which the accumulated amount exceeds such specified amount. SEC. 103. DESIGNATION OF S.A.F.E. ACCOUNTS. (a) In General.--Except as provided in subsection (b), a S.A.F.E. account to which contributions with respect to any employee who is an eligible individual are required to be paid under section 102 shall be such an account designated by such employee to such employer not later than 10 business days after the date on which such employee becomes an employee of such employer. Any such designation shall be made in such form and manner as may be prescribed in regulations of the Commissioner of Social Security. (b) Designation in Absence of Timely Designation by Employee.--In any case in which no timely designation of a S.A.F.E. account is made, the covered employer shall designate such account in accordance with regulations of the Commissioner of Social Security. (c) Subsequent Substitution of Accounts.--The Commissioner of Social Security shall provide by regulation for subsequent designation of a S.A.F.E. account by an account holder in lieu of an account previously designated by such account holder under this section. SEC. 104. SELF-EMPLOYED INDIVIDUALS. (a) In General.--In the case of an eligible individual who has self-employment income for any calendar year, such individual shall make timely payments to a S.A.F.E. account designated by such individual of the prescribed self-employment contribution with respect to such individual for such calendar year in accordance with regulations of the Commissioner of Social Security, applying the same principles relating to timeliness of payment as are applicable under chapter 62 of the Internal Revenue Code of 1986 with respect to taxes under chapter 2 of such Code. (b) Designation of Account.--The designation of a S.A.F.E. account for payment of prescribed self-employment contributions shall be made in such form and manner as may be prescribed in regulations of the Commissioner of Social Security. (c) Periodic Payment.--The Commissioner of Social Security shall provide by regulation for periodic installment payments during the calendar year of prescribed self-employment contributions for each eligible individual, taking into account, as appropriate for each period, prescribed employee contributions for such individual. SEC. 105. ELECTIVE PARTICIPATION. (a) Election.--Any individual who has been assigned a social security account number under section 205(c)(2)(B) of the Social Security Act and has been paid wages or has derived self-employment income, may, on or after January 1, 2000, elect under this section to be an eligible individual for purposes of this Act. Any such election shall be made by filing with each employer (if any) of the individual, the Commissioner of Social Security, and the Secretary of the Treasury, in such form and manner as shall be prescribed in regulations of the Commissioner (in consultation with the Secretary of the Treasury), a written and signed declaration of such individual's intention to be treated as an eligible individual for purposes of this Act. An election under this section shall be effective with respect to wages paid, and self-employment income derived, on or after January 1 following the date of the filing of the election. (b) Election Ineffective if Entitled to Social Security Benefits.-- Any election under this section shall not take effect if, as of the effective date of the election, the individual is entitled to an old- age insurance benefit under section 202(a) of the Social Security Act or to a disability insurance benefit under section 223 of such Act. (c) Irrevocability Subject to Grace Period.-- (1) In general.--Unless revoked in accordance with paragraph (2), an election under this section shall be irrevocable. (2) Five-year grace period.-- (A) In general.--An individual may revoke an election under this section by filing with each employer (if any) of the individual, the Commissioner of Social Security, and the Secretary of the Treasury, in such form and manner as shall be prescribed in regulations of the Commissioner (in consultation with the Secretary of the Treasury), a written and signed revocation of the election at any time before the end of the five-year period beginning with the effective date of the election. A revocation under this subsection shall take effect January 1 following the date of the filing of the revocation, except that a revocation filed during the 90-day period beginning with the date of the filing of the election shall take effect as of the effective date of the election. Upon the effective date of a revocation under this subsection, entitlement to benefits under title II of the Social Security Act shall be determined as if the revoked election had not occurred, except that, for purposes of any such entitlement, wages paid, and self-employment income derived, during the period for which the election was in effect shall not be taken into account. No subsequent election under this section may take effect with respect to an individual who has filed a revocation under this subsection (except a revocation filed during the 90-day period beginning with the date of the filing of the election). (B) Reduction in benefits.--The primary insurance amount, as determined under section 215 of the Social Security Act, of any individual who has filed a revocation under this subsection before the end of the five-year period described in subparagraph (A) (and after the 90-day period referred to in subparagraph (A)) shall be reduced (except for purposes of determining benefits under section 223 of such Act, and before any application of section 215(i) of such Act) by the applicable percentage specified in the following table: If the first calendar year for The applicable percentage is: which the revocation is effective is: The first, second, or third calendar year of such five- year period. 20 percent. The fourth calendar year of such five-year period. 40 percent. The fifth calendar year of such five-year period. 60 percent. The calendar year following such five-year period. 80 percent. SEC. 106. PENALTIES. (a) Failure To Establish S.A.F.E. Account Payroll Deduction Program.--Any covered employer who fails to meet the requirements of section 102 for any calendar year shall be subject to a civil penalty of not to exceed-- (1) $250,000, in the case of an employer who is an individual, or (2) $500,000, in any other case. (b) Failure To Make Deductions Required Under Program.--Any covered employer who fails to timely deduct in full the amount from the wages of an employee who is an eligible individual as required under an applicable S.A.F.E. account payroll deduction program shall be subject to a civil penalty for each such failure of not to exceed-- (1) $250,000, in the case of an employer who is an individual, or (2) $500,000, in any other case. (c) Failure To Pay Deducted Wages to S.A.F.E. Account.--If an amount deducted under a S.A.F.E. account payroll deduction program from the wages of an employee who is an eligible individual is not timely paid in full to the designated S.A.F.E. account in accordance with section 102, the covered employer failing to make such payment-- (1) shall be subject to a civil penalty for each such failure of not to exceed-- (A) $250,000, in the case of an employer who is an individual, or (B) $500,000, in any other case, and (2) shall be liable to the employee for interest on the unpaid amount at a rate equal to 10 percentage points in excess of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated S.A.F.E. account. (d) Failure To Pay Prescribed Self-Employment Contributions to S.A.F.E. Account.--Any eligible individual failing to timely pay in full a prescribed self-employment contribution to a designated S.A.F.E. account as required under section 104 shall be subject to a civil penalty for each such failure of not to exceed $250,000, plus interest on the unpaid amount at a rate equal to 10 percentage points in excess of the Federal short-term rate under section 1274(d)(1) of the Internal Revenue Code of 1986, calculated from the last day by which such amount was required to be so paid to the date on which such amount is paid into the designated S.A.F.E. account. (e) Rules for Application of Section.-- (1) Penalties assessed by commissioner of social security.--Any civil penalty assessed by this section shall be imposed by the Commissioner of Social Security and collected in a civil action. (2) Compromises.--The Commissioner may compromise the amount of any civil penalty imposed by this section. (3) Authority to waive penalty in certain cases.--The Commissioner may waive the application of this section with respect to any failure if the Commissioner determines that such failure is due to reasonable cause and not to intentional disregard of rules and regulations. SEC. 107. FEDERAL CIVILIAN AND MILITARY PERSONNEL. (a) In General.--Not later than December 31, 1999, the Office of Personnel Management, after appropriate study, shall submit to the President and each House of Congress a written report containing recommendations on how to provide for the application of this Act with respect to Federal civilian and military personnel. (b) Requirements.--The report-- (1) shall be prepared in consultation with the Social Security Administration, the Securities and Exchange Commission, and other appropriate agencies; and (2) shall be accompanied by draft legislation which, if enacted, would carry out the recommendations contained in such report. (c) Provisions Relating to the Continued Operation of Existing Retirement Systems.--To the extent that the report and draft legislation relate to provisions of law in effect before the date of enactment of this Act, each shall address at least the following: (1) Federal employees' retirement system.-- (A) Section 8401(11) of title 5, United States Code (relating to the definition of an ``employee''), which includes the requirement that the individual concerned be someone whose civilian service is employment for the purposes of title II of the Social Security Act and chapter 21 of the Internal Revenue Code of 1986. (B) Section 8421 of such title (relating to annuity supplement), which includes provisions incorporating the notion of the period of time for which the individual is or would be entitled to old-age insurance benefits under title II of the Social Security Act, and provisions for computing the amount of such supplement based on the amount of certain benefits to which the individual would be entitled under such Act. (C) Section 8442 of such title (relating to rights of a widow or widower), which includes provisions under which a supplementary annuity for a widow or widower is not payable to anyone who would not be entitled to certain benefits under the Social Security Act, and provisions for the computation of any such annuity based on the amount of certain benefits which would be payable to that individual under the Social Security Act. (D) Section 8443 of such title (relating to rights of a child), which includes provisions under which, as part of the formula for computing the amount of a survivor annuity for a child, there is incorporated the notion of the amount of child's insurance benefits which are or would be payable under title II of the Social Security Act. (2) Civil service retirement system.-- (A) Section 8334(k) of such title (relating to special rules for determining deductions and contributions for individuals subject to ``offset-83'' treatment), which incorporates the notion of the OASDI contribution made from Federal wages of the individual concerned. (B) Section 8349 of such title (relating to offset based on certain benefits under the Social Security Act), which incorporates notions relating to actual or constructive eligibility for benefits under the Social Security Act, and the amount of those benefits. (3) Coordination provisions.--Provisions of law involving a reduction or other adjustment in retirement benefits (or eligibility therefor), based on any individual's eligibility for benefits under title II of the Social Security Act. (4) Other retirement systems.--Similar provisions of law under other retirement systems covering Federal civilian or military personnel. (d) Provisions Relating to the New System.--To the extent that the report and draft legislation relate to the implementation of any other title of this Act, each shall address at least the following: (1) What the specifications for the S.A.F.E. account payroll deduction program or programs covering Federal civilian and military personnel shall be or, alternatively, how those specifications shall be developed. (2) Which agencies or instrumentalities of the Federal Government shall be responsible for operating or maintaining which aspects of the program or programs referred to in paragraph (1). (3) Which penalty provisions are appropriate or inappropriate with respect to the Federal Government in its capacity as a ``covered employer'', subject to what modifications (if any). TITLE II--TAX-EXEMPT S.A.F.E. ACCOUNTS SEC. 201. S.A.F.E. ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. S.A.F.E. ACCOUNTS. ``(a) Deduction Allowed.--In the case of an individual, there shall be allowed as a deduction the aggregate amount paid in cash during the taxable year by or on behalf of such individual to a S.A.F.E. account of such individual. ``(b) Limitation.--The amount allowable as a deduction under subsection (a) for any taxable year shall not exceed 6.2 percent of the lesser of-- ``(1) the contribution and benefit base (as determined under section 230 of the Social Security Act) for the calendar year which ends with or within such taxable year, or ``(2) the sum of-- ``(A) the amount of wages (as defined in section 3121(a)) received during such calendar year, and ``(B) the amount of the self-employment income (as defined in section 1402) of such individual for the taxable year. Effective with the commencement of the 16th calendar year for which the individual's election under section 105 of the Savings Account for Every American Act of 1999 is effective, the limitation under the preceding sentence shall be increased by any prescribed employer contribution paid to a personal retirement account of such individual pursuant to section 102(b)(2)(B) of such Act and the portion of any prescribed self-employment contribution paid to such an account which is attributable to the increase in such contribution required by the last sentence of section 101(7) of such Act. ``(c) S.A.F.E. Account.--For purposes of this section, the term `S.A.F.E. account' means a trust created or organized in the United States exclusively for the benefit of an individual or his beneficiaries, but only if the written governing instrument creating the trust meets the following requirements: ``(1) Except in the case of rollover contributions from another S.A.F.E. account of such individual-- ``(A) no contribution will be accepted unless it is in cash, ``(B) contributions will not be accepted for the taxable year in excess of 6.2 percent of the contribution and benefit base (as determined under section 230 of the Social Security Act) for the calendar year which ends with or within such taxable year, and ``(C) any contributions with respect to an account holder which are not accepted pursuant to this paragraph are promptly refunded directly to the account holder. In the case of any such individual, effective for taxable years beginning with or after the 16th calendar year for which the individual's election under section 105 of the Savings Account for Every American Act of 1999 is effective, `12.4 percent' shall be substituted for `6.2 percent' in subparagraph (B). ``(2) The trustee is a bank (as defined in section 408(n)) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust funds will be invested in life insurance contracts. ``(4) The interest of an individual in the balance in his account is nonforfeitable. ``(5) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount distributed out of a S.A.F.E. account shall be included in gross income of the distributee for the taxable year in which the distribution is received. Notwithstanding any other provision of this title (including chapters 11 and 12), the basis of any person in such an account is zero. ``(2) Exceptions for distributions after age 59\1/2\ or death.--Paragraph (1) shall not apply to any distribution out of a S.A.F.E. account-- ``(A) made on or after the date on which the account beneficiary attains age 59\1/2\, or ``(B) made to the account beneficiary (or to the estate of the beneficiary) on or after the death of the account beneficiary. ``(3) Exceptions for distributions to purchase certain insurance.--Paragraph (1) shall not apply to any distribution out of a S.A.F.E. account to the account beneficiary to the extent such distributions do not exceed the sum of the expenses paid or incurred during the taxable year for-- ``(A) any qualified long-term care insurance contract (but only to the extent of eligible long-term care premiums (as defined in section 213(d)(10)), ``(B) disability insurance, or ``(C) term life insurance. ``(4) Exceptions for certain other distributions.--Rules similar to the rules of paragraphs (3), (4), (5), and (6) of section 408(d) shall apply for purposes of this section. ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--A S.A.F.E. account is exempt from taxation under this subtitle unless such account has ceased to be a S.A.F.E. account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Account terminations.--Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to S.A.F.E. accounts, and any amount treated as distributed under such rules shall be treated as not used to pay expenses described in subsection (d)(3). ``(f) Additional Tax on Amounts Included in Gross Income.--If any distribution from a S.A.F.E. account is includible in gross income of the account beneficiary, the tax liability of such beneficiary under this chapter for the taxable year in which the distribution is received shall be increased by an amount equal to 20 percent of the amount of the distribution. ``(g) Other Definition and Special Rules.-- ``(1) Account beneficiary.--For purposes of this section, the term `account beneficiary' means the individual for whose benefit the S.A.F.E. account was established. ``(2) Certain rules to apply.--Rules similar to the following rules shall apply for purposes of this section: ``(A) Section 219(d)(2) (relating to no deduction for rollovers). ``(B) Section 219(f)(3) (relating to time when contributions deemed made). ``(C) Section 219(f)(5) (relating to employer payments). ``(D) Section 408(g) (relating to community property laws). ``(E) Section 408(h) (relating to custodial accounts). ``(h) Reports.--The trustee of a S.A.F.E. account shall make such reports regarding such account to the Secretary and to the individual for whose benefit the account is maintained with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.''. (b) Deduction Allowed in Arriving at Adjusted Gross Income.-- Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) S.A.F.E. account contributions.--The deduction allowed by section 222.''. (c) Tax on Excess Contributions.-- (1) Subsection (a) of section 4973 of such Code (relating to tax on excess contributions to individual retirement accounts, etc.) is amended by striking ``or'' at the end of paragraph (3), by inserting ``or'' at the end of paragraph (4), and by inserting after paragraph (4) the following new paragraph: ``(5) a S.A.F.E. account (within the meaning of section 222(c)),''. (2) Section 4973 of such Code is amended by adding at the end the following new subsection: ``(g) Excess Contributions to S.A.F.E. Accounts.--For purposes of this section, in the case of S.A.F.E. accounts (within the meaning of section 222(c)), the term `excess contributions' means the sum of-- ``(1) the excess (if any) of-- ``(A) the aggregate amount contributed for the taxable year to the accounts (other than rollover contributions), over ``(B) the amount allowable as a deduction under section 222 for such contributions, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of-- ``(A) the distributions out of the accounts which were included in gross income under rules similar to the rules of section 408(d)(5) which apply to such accounts by reason of section 222(d)(4), and ``(B) the excess (if any) of-- ``(i) the maximum amount allowable as a deduction under section 222(b) for the taxable year, over ``(ii) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the S.A.F.E. account in a distribution to which the rules similar to the rules of section 408(d)(4) which apply to such accounts by reason of section 222(d)(4) shall be treated as an amount not contributed.''. (d) Tax on Prohibited Transactions.-- (1) In general.--Paragraph (1) of section 4975(e) of such Code (relating to prohibited transactions) is amended by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a S.A.F.E. account described in section 222(c), or''. (2) Special rule.--Subsection (c) of section 4975 of such Code is amended by adding at the end the following new paragraph: ``(6) Special rule for S.A.F.E. accounts.--An individual for whose benefit a S.A.F.E. account is established shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if section 222(e)(2) applies with respect to such transaction.''. (e) Failure To Provide Reports on S.A.F.E. Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on individual retirement accounts or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) Section 222(h) (relating to S.A.F.E. accounts).''. (f) Clerical Amendments.-- (1) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following new items: ``Sec. 222. S.A.F.E. accounts. ``Sec. 223. Cross references.''. (2) The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4973 and inserting the following new item: ``Sec. 4973. Tax on excess contributions to certain tax-favored accounts and annuities, etc.''. SEC. 202. EFFECTIVE DATE. The amendments made by this title shall apply to contributions made for taxable years beginning after December 31, 1999. TITLE III--CONFORMING AMENDMENTS TO THE SOCIAL SECURITY ACT AND THE INTERNAL REVENUE CODE OF 1986 SEC. 301. REDUCTIONS IN AND EXEMPTIONS FROM FICA TAXES AND SECA TAXES WITH RESPECT TO ELIGIBLE INDIVIDUALS. (a) FICA Tax on Employees.--Section 3101 of the Internal Revenue Code of 1986 (relating to OASDI tax on employees) is amended-- (1) in subsection (a), by striking ``In addition'' and inserting ``Subject to subsection (c), in addition''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection: ``(c) Exemption From OASDI Tax for Eligible Individuals.-- Subsection (a) shall not apply with respect to wages received by an eligible individual (as defined in section 101(4) of the Savings Account for Every American Act of 1999).'' (b) FICA Tax on Employers.--Section 3111 of such Code (relating to OASDI tax on employees) is amended-- (1) in subsection (a), by striking ``In addition'' and inserting ``Subject to subsection (c), in addition''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection: ``(c) Exemption From OASDI Tax With Respect to Eligible Individuals.--In the case of an eligible individual (as defined in section 101(4) of the Savings Account for Every American Act of 1999), effective with the 16th calendar year for which such individual's election under section 105 of such Act is effective, subsection (a) shall not apply with respect to wages received by such individual.'' (c) Reduction in and Exemption From Self-Employment Tax.-- Subsection (a) of section 1401 of such Code (relating to OASDI tax on self-employment income) is amended-- (1) in subsection (a), by striking ``In addition'' and inserting ``Subject to subsection (c), in addition''; (2) by redesignating subsection (c) as subsection (d); and (3) by inserting after subsection (b) the following new subsection: ``(c) Adjustment to OASDI Tax.-- ``(1) Reduction.--In the case of an eligible individual (as defined in section 101(4) of the Savings Account for Every American Act of 1999), for taxable years beginning with or during the 1st 15 calendar years for which such individual's election is in effect under section 105 of such Act, the rate of tax under subsection (a) shall be 6.20 percent. ``(2) Exemption.--In the case of such an eligible individual, effective for taxable years beginning with or during the 16th calendar year for which such individual's election under such section 105 is effective, subsection (a) shall not apply.'' (d) Effective Date.--The amendments made by this section shall apply with respect to wages received after December 31, 2000, and with respect to self-employment income for taxable years beginning after such date. SEC. 302. EXCLUSION OF ELIGIBLE INDIVIDUALS FROM OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE COVERAGE. (a) Monthly Insurance Benefits Under Section 202.--Section 202 of the Social Security Act (42 U.S.C. 402) is amended by adding at the end the following new subsection: ``Limitation on Payment to Eligible Individuals Under Savings Account for Every American Act of 1999 ``(z)(1) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section based on the wages and self-employment income of an eligible individual (as defined in section 101(4) of the Savings Account for Every American Act of 1999). ``(2) Determinations of entitlement to hospital insurance benefits under section 226 or 226A shall be made without regard to paragraph (1).''. (b) Disability Insurance Benefits Under Section 223.--Section 223 of such (42 U.S.C. 423) is amended by adding at the end the following new subsection: ``Limitation on Payment to Eligible Individuals Under Savings Account for Every American Act of 1999 ``(j)(1) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section based on the wages and self-employment income of an eligible individual (as defined in section 101(4) of the Savings Account for Every American Act of 1999). ``(2) Determinations of entitlement to hospital insurance benefits under section 226 or 226A shall be made without regard to paragraph (1).''. SEC. 303. INFORMATION PROVIDED IN SOCIAL SECURITY ACCOUNT STATEMENTS. (a) In General.--Section 1143 of the Social Security Act (42 U.S.C. 1320b-13) is amended to read as follows: ``social security account statements ``Provision of Annual Statements ``Sec. 1143. (a) The Commissioner of Social Security shall provide an annual social security account statement (hereinafter in this section referred to as the `statement') to each eligible individual who is not receiving benefits under title II and for whom a mailing address can be determined through such methods as the Commissioner determines to be appropriate. ``Contents of Statement ``(b) Each statement shall contain-- ``(1) the amount of wages paid to and self-employment income derived by the eligible individual as shown by the records of the Commissioner; ``(2) an estimate of the aggregate of the employer, employee, and self-employment contributions of the eligible individual for old-age, survivors, and disability insurance as shown by the records of the Commissioner; ``(3) a separate estimate of the aggregate of the employer, employee, and self-employment contributions of the eligible individual for hospital insurance as shown by the records of the Commissioner; and ``(4) an estimate of the potential monthly retirement, disability, survivor, and auxiliary benefits payable on the eligible individual's account together with a description of the benefits payable under the medicare program of title XVIII. ``Eligible Individual ``(c) For purposes of this section, the term ``eligible individual'' means an individual who-- ``(1) has a social security account number, and ``(2) has wages or net earnings from self-employment.''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to statements provided on or after October 1, 2000. <all>

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2024-06-24T03:05:42.943402

BILLS-106hr1859ih

Postal Rate Transition Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1859 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1859 To require the United States Postal Service to submit certain reports to Congress before implementing the next rate increase for first-class postage, and to provide certain procedures regarding the use and sale of postage stamps during the initial period of such rate increase. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Camp introduced the following bill; which was referred to the Committee on Government Reform _______________________________________________________________________ A BILL To require the United States Postal Service to submit certain reports to Congress before implementing the next rate increase for first-class postage, and to provide certain procedures regarding the use and sale of postage stamps during the initial period of such rate increase. 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 ``Postal Rate Transition Act''. SEC. 2. REPORTS ON RATE INCREASE FOR POSTAGE STAMPS. (a) Reports Required.--The United States Postal Service may not-- (1) request a rate increase for first-class postage until submitting to Congress a report on-- (A) the number of one-cent stamps printed to facilitate the first-class postal rate increase implemented as of January 10, 1999; (B) how the United States Postal Service determined how many of such one-cent stamps should be printed to facilitate the implementation of such rate increase; (C) the number of one-cent stamps that would have been printed during calendar year 1999 if such rate increase had not been implemented; and (D) the cost of printing the one-cent stamps printed to facilitate such rate increase; or (2) implement a rate increase for first-class postage recommended by the Postal Rate Commission until submitting to Congress a report including an estimate of the number of stamps that need to be printed to facilitate the rate increase for the price of the amount of the difference between 33 cents and the price of a postage stamp reflecting the recommended new rate. (b) Applicability.--Subsection (a) shall apply only with respect to the first rate increase for first-class postage implemented after the date of the enactment of this Act. SEC. 3. PROCEDURES REGARDING USE AND SALE OF POSTAGE STAMPS AFTER IMPLEMENTATION OF RATE INCREASE. (a) Procedures for Rate Increase.--(1) With respect to the first increase in the rate for first-class postage implemented after the date of the enactment of this Act, during the 30 days following the first day of such rate increase, the United States Postal Service-- (A) may not fail to accept first-class mail weighing one ounce or less because a 33-cent stamp is used for such mail; and (B) shall not sell any 33-cent stamps. (2) The procedures described in paragraph (1) shall also apply-- (A) with respect to a postcard for which a 20-cent postage stamp is used; and (B) to the sale of such 20-cent postage stamps. (3) The procedures described in paragraph (1) shall not apply to metered mail. (b) Report.--Not later than 7 months after the date of the implementation of the rate increase described in subsection (a)(1), the United States Postal Service shall submit to Congress a report on the number of stamps printed, for the price of the amount of the difference between 33 cents and the price of a stamp printed at the new first- class rate, in order to facilitate the rate increase. <all>

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2024-06-24T03:05:43.018698

BILLS-106hr1861ih

To amend the Internal Revenue Code of 1986 to increase the deductibility of business meal expenses for individuals subject to Federal hours of service.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1861 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1861 To amend the Internal Revenue Code of 1986 to increase the deductibility of business meal expenses for individuals subject to Federal hours of service. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Collins (for himself and Ms. Dunn) 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 deductibility of business meal expenses for individuals subject to Federal hours of service. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INCREASED DEDUCTIBILITY OF BUSINESS MEAL EXPENSES FOR INDIVIDUALS SUBJECT TO FEDERAL LIMITATIONS ON HOURS OF SERVICE. (a) In General.--Paragraph (3) of section 274(n) of the Internal Revenue Code of 1986 (relating to only 50 percent of meal and entertainment expenses allowed as deduction) is amended to read as follows: ``(3) Special rule for individuals subject to federal hours of service.--In the case of any expenses for food or beverages consumed while away from home (within the meaning of section 162(a)(2)) by an individual during, or incident to, the period of duty subject to the hours of service limitations of the Department of Transportation, paragraph (1) shall be applied by substituting `80 percent' for `50 percent'.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1999. <all>

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2024-06-24T03:05:43.060531

BILLS-106hr1860ih

Medically Underserved Access to Care Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1860 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1860 To require managed care organizations to contract with providers in medically underserved areas, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mrs. Christensen (for herself, Mrs. Jones of Ohio, Mr. Rush, Ms. Eddie Bernice Johnson of Texas, Mr. Clyburn, Mr. Wynn, Mr. Thompson of Mississippi, Ms. Kilpatrick, Mrs. Meek of Florida, Mr. Menendez, Mrs. Clayton, Ms. Carson, Ms. Millender-McDonald, Mr. Watt of North Carolina, Mr. Jefferson, Ms. Lee, Mr. Bishop, Mr. Owens, Mr. Hilliard, Mr. Payne, Mr. Davis of Illinois, Ms. Norton, Mr. Meeks of New York, Ms. Brown of Florida, Mr. Scott, Mr. Fattah, Mr. Clay, Mr. Lewis of Georgia, Ms. Jackson-Lee of Texas, Mr. Towns, Mr. Cummings, Ms. Waters, Ms. McKinney, Mr. Dixon, Mr. Conyers, Mr. Hastings of Florida, Mr. Jackson of Illinois, Mr. Ford, and Mr. Rangel) 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 require managed care organizations to contract with providers in medically underserved areas, 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; FINDINGS. (a) Short Title.--This Act may be cited as the ``Medically Underserved Access to Care Act of 1999''. (b) Findings.--Congress finds the following: (1) Minority individuals living in medically underserved areas are generally less well-off socioeconomically, and are often sicker than the population that managed care organizations traditionally serve. (2) Many managed care organizations are not equipped to deal effectively with minorities in underserved areas and consequently may offer lower quality health care in such areas. (3) Often managed care organizations do not contract with physicians and other community-based service providers who traditionally serve medically underserved areas. (4) There is a concern among minority physicians that selective marketing practices and referral processes may keep minority and community-based physicians out of some managed care organizations. (5) Managed care organizations sometimes exclude physicians and other community-based health care providers who traditionally provide service to underserved areas; this is particularly the case among minority physicians who may be well established in their community based practices but are not board certified. SEC. 2. REQUIREMENT FOR SERVICE TO AREAS THAT INCLUDE A MEDICALLY UNDERSERVED POPULATION. (a) Requirement.-- (1) In general.--A managed care organization offering a managed care plan shall establish and maintain adequate arrangements, as defined under regulations of the Secretary, with a sufficient number, mix, and distribution of health care professionals and providers to assure that covered items and services are available and accessible to each enrollee under the plan-- (A) in the service area of the organization; (B) in a variety of sites of service; (C) with reasonable promptness (including reasonable hours of operation and after-hours services); (D) with reasonable proximity to the residences and workplaces of enrollees; and (E) in a manner that-- (i) takes into account the diverse needs of enrollees; and (ii) reasonably assures continuity of care. (2) Treatment of organizations serving certain areas.--For a managed care organization that serves a medically underserved area, the organization shall be treated as meeting the requirement of paragraph (1) if the organization has arrangements with a sufficient number, mix, and distribution of health care professionals and providers having a history of serving such areas. (b) Enforcement of Requirements.-- (1) Application to group health plans.-- (A) Public health service act.--For purposes of applying title XXVII of the Public Health Service Act, the requirements of subsection (a) shall be treated as though they were included in subpart 2 of part A of such title (42 U.S.C. 300gg-4 et seq.). (B) Employee retirement income security act of 1974.--For purposes of applying part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, the requirements of subsection (a) shall be treated as though they were included in subpart B of such part (29 U.S.C. 1185 et seq.). (C) Internal revenue code of 1986.--For purposes of applying chapter 100 of the Internal Revenue Code of 1986, the requirements of subsection (a) shall be treated as though they were included in subchapter B of such chapter. (2) Application to individual health insurance coverage.-- For purposes of applying title XXVII of the Public Health Service Act, the requirements of subsection (a) also shall be treated as though they were part of subpart 2 of part B of such title (42 U.S.C. 300gg-51 et seq.). (3) Medicare.--The Secretary may not enter into a contract under section 1857 of the Social Security Act (42 U.S.C. 1395w- 27) with a Medicare+Choice organization that is a managed care organization unless the contract contains assurances satisfactory to the Secretary that the organization will comply with the applicable requirements of subsection (a) of this Act. (4) Medicaid.--Notwithstanding any other provision of law, no funds shall be paid to a State under section 1903(a)(1) of the Social Security Act (42 U.S.C. 1396b(a)(1)) with respect to medical assistance provided through payment to a medicaid managed care organization (as defined in section 1903(m)(1)(A) of such Act, 42 U.S.C. 1396b(m)(1)(A)) unless the contract with such organization contains assurances satisfactory to the Secretary that the organization will comply with the applicable requirements of subsection (a) of this Act. SEC. 3. ESTABLISHMENT OF GRANT PROGRAM. (a) In General.--The Secretary shall establish a program in the Office of Minority Health of the Department of Health and Human Services to award competitive grants to eligible nongovernmental agencies to enable such agencies to develop outreach programs to-- (1) inform individuals in medically underserved areas how to access managed care organizations in their communities; and (2) assist physicians and other health care professionals who serve in medically underserved areas to enroll as providers in managed care organizations in their communities. (b) Eligibility and Amount.-- (1) Eligibility.--The criteria necessary to receive a grant under this section shall be determined by the Secretary. (2) Amount.--The amount of a grant awarded to an agency under this section shall be determined by the Secretary. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Enrollee.--The term ``enrollee'' means, with respect to a managed care plan offered by a managed care organization, an individual enrolled with the organization for coverage under such a plan. (2) Health care professional.--The term ``health care professional'' means a physician or other health care practitioner who is licensed under State law with respect to the health care services the practitioner furnishes. (3) Health plan.--The term ``health plan'' means a group health plan or health insurance coverage offered by a health insurance issuer. (4) Managed care organization.--The term ``managed care organization'' means any entity, including a group health plan, health maintenance organization, or provider-sponsored organization, in relation to its offering of a managed care plan, and includes any other entity that provides or manages the coverage under such a plan under a contract or arrangement with the entity. (5) Managed care plan.--The term ``managed care plan'' means a health plan offered by an entity if the entity-- (A) provides or arranges for the provision of health care items and services to enrollees in the plan through participating health care professionals and providers; or (B) provides financial incentives (such as variable copayments and deductibles) to induce enrollees to obtain benefits through participating health care professionals and providers, or both. (6) Medically underserved area.--The term ``medically underserved area'' means an area that is designated as a health professional shortage area under section 332 of the Public Health Service Act (42 U.S.C. 254e) or as a medically underserved area for purposes of section 330 or 1302(7) of such Act (42 U.S.C. 254c, 300e-1(7)). (7) Participating.--The term ``participating'' means, with respect to a health care professional or provider in relation to a health plan offered by an entity, a physician or provider that furnishes health care items and services to enrollees of the entity under an agreement with the entity. (8) Primary care provider.--The term ``primary care provider'' means a health care professional who acts as a gatekeeper for the overall care of an enrollee. (9) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services . <all>

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2024-06-24T03:05:43.146699

BILLS-106hr1858ih

Consumer and Investor Access to Information Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1858 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1858 To promote electronic commerce through improved access for consumers to electronic databases, including securities market information databases. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Bliley (for himself, Mr. Dingell, Mr. Tauzin, Mr. Markey, Mr. Oxley, and Mr. Towns) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To promote electronic commerce through improved access for consumers to electronic databases, including securities market information databases. 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 ``Consumer and Investor Access to Information Act of 1999''. TITLE I--COMMERCE IN DUPLICATED DATABASES PROHIBITED SEC. 101. DEFINITIONS. As used in this title: (1) Database.--The term ``database'' means a collection of discrete items of information that have been collected and organized in a single place, or in such a way as to be accessible through a single source, through the investment of substantial monetary or other resources, for the purpose of providing access to those discrete items of information by users of the database. However, a discrete section of a database that contains multiple discrete items of information may also be treated as a database. (2) Duplicate of a database.--A database is ``a duplicate'' of any other database if the database is substantially the same as such other database, and was made by extracting information from such other database. (3) Information.--The term ``information'' means facts, data, or any other intangible material capable of being collected and organized in a systematic way, with the exception of works of authorship. (4) Commerce.--The term ``commerce'' means all commerce which may be lawfully regulated by the Congress. (5) In competition.--The term ``in competition with'' when used with respect to the sale or distribution of a database to the public means that the database-- (A) displaces substantial sales or licenses of the database of which it is a duplicate; and (B) significantly threatens the opportunity to recover a return on the investment in the collecting or organizing of the duplicated database. (6) Government database.--The term ``government database'' means a database that-- (A) has been collected or maintained by the United States of America, or any agency or instrumentality thereof; or (B) is required by Federal statute or regulation to be collected or maintained, to the extent so required. SEC. 102. PROHIBITION AGAINST DISTRIBUTION OF DUPLICATES. It is unlawful for any person, by any means or instrumentality of interstate or foreign commerce or communications, to sell or distribute to the public a database that-- (1) is a duplicate of another database that was collected and organized by another person; and (2) is sold or distributed in commerce in competition with that other database. SEC. 103. PERMITTED ACTS. (a) Collecting or Use of Information Obtained Through Other Means.--Nothing in this title shall restrict any person from selling or distributing to the public a database consisting of information obtained by means other than by extracting it from a database collected and organized by another person. (b) News Reporting.--Nothing in this title shall restrict any person from selling or distributing to the public a duplicate of a database for the sole purpose of news reporting, including news gathering and dissemination, or comment, unless the information duplicated is time sensitive and has been collected by a news reporting entity, and the sale or distribution is part of a consistent pattern engaged in for the purpose of direct competition. (c) Law Enforcement and Intelligence Activities.--Nothing in this title shall prohibit an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting under contract of such officers, agents or employees, from selling or distributing to the public a duplicate of a database as part of lawfully authorized investigative, protective, or intelligence activities. (d) Scientific, Educational, or Research Uses.--No person or entity who for scientific, educational, or research purposes duplicates the same information that has been collected or generated by another person or entity shall incur liability under this title so long as such conduct is not part of a consistent pattern engaged in for the purpose of direct commercial competition with that other person. SEC. 104. EXCLUSIONS. (a) Government Information.-- (1) Exclusion of government databases.--Protection under section 102 shall not extend to government databases. (2) Incorporated nongovernment portions protected.--The incorporation of all or part of a government database into a non-government database does not preclude protection for the portions of the non-government database which came from a source other than the government database. (3) Authority to exclude additional government-supported databases.--Nothing in this title shall prevent the Federal Government or a State or local government from establishing by law or contract that a database, the creation or maintenance of which is substantially funded by such Federal, State, or local government, shall not be subject to the protection afforded under this title. (b) Databases Related to Internet Communications.--Protection under section 102 does not extend to a database incorporating information collected or organized-- (1) to perform the function of addressing, routing, forwarding, transmitting, or storing Internet communications; or (2) to perform the function of providing or receiving connections for Internet communications. (c) Computer Programs.-- (1) Protection not extended.--Subject to paragraph (2), protection under section 102 shall not extend to computer programs, including any computer program used in the manufacture, production, operation, or maintenance of a database, or any element of a computer program necessary to its operation. (2) Incorporated databases.--A database that is otherwise subject to protection under section 102 is not disqualified from such protection solely because it resides in a computer program, so long as the database functions as a database within the meaning of this title and not as an element necessary to the operation of the computer program. (d) Nonprotectable Subject Matter.--Protection for databases under section 102 does not extend to the sale or distribution to the public of a duplicate of any individual idea, fact, procedure, system, method of operation, concept, principle, or discovery. (e) Subscriber List Information.--Protection for databases under section 102 does not extend to subscriber list information within the meaning of section 222(f) of the Communications Act of 1934 (47 U.S.C. 222(f)). Nothing in this subsection shall affect the operation of section 222(e) of such Act, under which a telecommunications carrier provides, upon request, subscriber list information for the purposes of publishing directories in any format under nondiscriminatory and reasonable rates, terms, and conditions. SEC. 105. RELATIONSHIP TO OTHER LAWS. (a) Other Rights Not Affected.--Subject to subsection (b), nothing in this title shall affect rights, limitations, or remedies concerning copyright, or any other rights or obligations relating to information, including laws with respect to patent, trademark, design rights, antitrust, trade secrets, privacy, access to public documents, misuse, and the law of contract. (b) Preemption of State Law.--On or after the effective date of this Act, no State law that prohibits or that otherwise regulates conduct that is subject to the prohibitions specified in section 102 shall be effective to the extent that such State law is inconsistent with section 102. (c) Licensing.--Subject to the provisions on misuse in section 106(b), nothing in this title shall restrict the rights of parties freely to enter into licenses or any other contracts with respect to the use of information. (d) Communications Act of 1934.--Nothing in this title shall affect the operation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or the authority of the Federal Communications Commission. SEC. 106. LIMITATIONS ON LIABILITY. (a) Service Provider Liability.--A provider of telecommunications services or information services (within the meaning of section 3 of the Communications Act of 1934 (47 U.S.C. 153)), or the operator of facilities therefor, shall not be liable for a violation of section 102 if such provider or operator did not initially place the database that is the subject of the violation on a system or network controlled by such provider or operator. (b) Misuse.--A person shall not be liable for a violation of section 102 if the person benefiting from the protection afforded a database under section 102 misuses the protection. In determining whether a person has misused the protection afforded under this title, a court shall consider, among other factors-- (1) the extent to which the ability of persons to engage in the permitted acts under this title has been frustrated by contractual arrangements or technological measures; (2) the extent to which information contained in a database that is the sole source of the information contained therein is made available through licensing or sale on reasonable terms and conditions; (3) the extent to which the license or sale of information contained in a database protected under this title has been conditioned on the acquisition or license of any other product or service, or on the performance of any action, not directly related to the license or sale; (4) the extent to which access to information necessary for research, competition, or innovation purposes has been prevented; (5) the extent to which the manner of asserting rights granted under this title constitutes a barrier to entry into the relevant database market; and (6) the extent to which the judicially developed doctrines of misuse in other areas of the law may appropriately be extended to the case or controversy. SEC. 107. ENFORCEMENT. (a) Use of Federal Trade Commission Act Authority.--The Federal Trade Commission shall have jurisdiction, under section 5 of the Federal Trade Commission Act (15 U.S.C. 45), to prevent violations of section 102 of this title. (b) Rulemaking Authority.--The Federal Trade Commission may, pursuant to subparagraph (A) or (B) of section 18(a) of the Federal Trade Commission Act (15 U.S.C. 57a(a)), but without regard to the limitations contained in section 18(b)(3) of such Act, prescribe rules to implement this title. (c) Enforcement.--Any violation of any rule prescribed under subsection (b) shall be treated as a violation of a rule respecting unfair or deceptive acts or practices under section 5 of the Federal Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be subject to the jurisdiction of the Federal Trade Commission for purposes of this title. (d) Actions by the Commission.--The Federal Trade Commission shall prevent any person from violating section 102 or a rule of the Commission under subsection (b) of this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this title. Any person who violates section 102 or such rule shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act in the same manner, by the same means, and with the same jurisdiction, power, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this title. SEC. 108. REPORT TO CONGRESS. Not later than 36 months after the date of enactment of this title, the Federal Trade Commission shall report to the Congress on the effect this title has had on electronic commerce and on the United States database industry and related parties, including-- (1) the availability of databases, search engines, and other tools for locating information necessary for electronic commerce; (2) the extent of competition between database producers, including the concentration of market power within the database industry; (3) the investment in the development and maintenance of databases, including changes in the number and size of databases; (4) the availability of information to industries and researchers which rely upon such availability; (5) whether in the period after enactment of this title database producers have faced unfair competition, particularly from publishers in the European Union; and (6) the extent to which extraction of information from databases, to a degree insufficient to result in liability under section 102, is harming database producers' incentive to collect and organize databases. SEC. 109. EFFECTIVE DATE. This title shall take effect on the date of the enactment of this Act, and shall apply to the sale or distribution after that date of a database that was collected and organized after that date. TITLE II--SECURITIES MARKET INFORMATION SEC. 201. MISAPPROPRIATION OF REAL-TIME MARKET INFORMATION. Section 11A of the Securities Exchange Act of 1934 (15 U.S.C. 78k- 1) is amended by adding at the end the following new subsection: ``(e) Misappropriation of Real-Time Market Information.-- ``(1) Prohibition against misappropriation.--Subject to paragraphs (3), (4), and (5), any person who-- ``(A) obtains directly or indirectly from a market information processor real-time market information, and ``(B) directly or indirectly sells, distributes or redistributes, or otherwise disseminates such real-time market information, without the authorization of the market information processor, shall be liable to that market information processor for the remedies set forth in paragraph (2). ``(2) Civil remedies.-- ``(A) Civil actions.--Any person who is injured by a violation of paragraph (1) may bring a civil action for such a violation in an appropriate United States district court, except that any action against a State governmental entity may be brought in any court that has jurisdiction over claims against such entity. ``(B) Temporary and permanent injunctions.--Any court having jurisdiction of a civil action under this subsection shall have the power to grant temporary and permanent injunctions, according to the principles of equity and upon such terms as the court may deem reasonable, to prevent a violation of paragraph (1). ``(C) Monetary relief.--When a violation of paragraph (1) has been established in any civil action arising under this subsection, the plaintiff shall be entitled to recover any damages sustained by the plaintiff. ``(D) Disgorgement.--When a violation of paragraph (1) has been established, if the plaintiff is not able to prove recoverable damages to the full extent of the defendant's monetary gain directly attributable to the violation, the court, in its equitable discretion, may order the defendant to disgorge the amount of such monetary gain to the plaintiff. ``(3) Permitted acts.-- ``(A) Gathering or use of real-time market information independently obtained.--Nothing in this subsection shall restrict any person from independently gathering real-time market information, or from redistributing or disseminating such independently gathered information. ``(B) News reporting.--Nothing in this subsection shall restrict any news reporting entity from extracting real-time market information for the sole purpose of news reporting, including news gathering, dissemination, and comment, unless the extraction is part of a consistent pattern of competing with a market information processor in the distribution of real-time market information. ``(4) Relationship to other laws.-- ``(A) Preemption.--Subject to subparagraphs (B), (C), and (D), on and after the date of enactment of this subsection, this section-- ``(i) shall exclusively govern the unauthorized extraction, sale, distribution or redistribution, or other dissemination of real- time market information; and ``(ii) shall supersede any other Federal or State law (either statutory or common law) to the extent that such other Federal or State law is inconsistent with this section. ``(B) Federal securities laws.--Nothing in this subsection shall be construed-- ``(i) to limit or otherwise affect the application of any provision of the securities laws (as defined in section 3(a)(47)), or the rules and regulations thereunder; or ``(ii) to impair or limit the authority of the Commission. ``(C) Antitrust.--Nothing in this subsection shall limit in any way the constraints that are imposed by Federal and State antitrust laws on the manner in which products and services may be provided to the public, including those regarding single suppliers of products and services. ``(D) Licensing.--Nothing in this subsection shall restrict the rights of parties freely to enter into licenses or any other contracts with respect to the extraction, sale, distribution or redistribution, or other dissemination of real-time market information. ``(5) Limitations on actions.-- ``(A) Civil actions.--No civil action shall be maintained under this subsection unless it is commenced within one year after the cause of action arises or claim accrues. ``(B) Additional limitation.--No civil action shall be maintained under this subsection for the extraction, sale, distribution or redistribution, or other dissemination of market information that is not real- time market information. ``(C) Persons subject to contractual remedies.--No civil action shall be maintained under this subsection by a market information processor against any person to whom such processor provides real-time market information pursuant to a contract or agreement between such processor and such person with respect to any real-time market information or any rights or remedies provided pursuant to such contract or agreement. ``(6) Definitions.--As used in this subsection: ``(A) Market information.--The term `market information' means information-- ``(i) with respect to quotations and transactions in any security; and ``(ii) the collection, processing, distribution, and publication of which is subject to this title. ``(B) Real-time market information.--Taking into account the present state of technology, different types of market data, how market participants use market data, and other relevant factors, the Commission may, consistent with the protection of investors and the public interest, prescribe by rule the extent to which market information shall be considered to be real-time market information for purposes of this subsection. ``(C) Market information processor.--The term `market information processor' with respect to any market information means the securities exchange, self- regulatory organization, securities information processor, or national market system plan administrator that is responsible under this title or the rules or regulations thereunder, for the collection, processing, distribution, and publication of, or preparing for distribution or publication, such market information.''. SEC. 202. EFFECTIVE DATE. (a) In General.--The amendment made by section 201 shall take effect on the date of the enactment of this Act, and shall apply to acts committed on or after that date. (b) Prior Acts Not Affected.--No person shall be liable under section 11A(e) of the Securities Exchange Act of 1934 (15 U.S.C. 78k- 1(e)), as added by section 201 of this Act, for the extraction, sale, distribution or redistribution, or other dissemination of real-time market information prior to the date of enactment of this Act, by that person or by that person's predecessor in interest. <all>

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2024-06-24T03:05:43.166832

BILLS-106hr1863ih

Community Forestry and Agriculture Conservation Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1863 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1863 To amend the Internal Revenue Code of 1986 to modify the treatment of bonds issued to acquire renewable resources on land subject to conservation easement. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Ms. Dunn (for herself, Mr. Tanner, Mr. Herger, and Mr. Matsui) 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 modify the treatment of bonds issued to acquire renewable resources on land subject to conservation easement. 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 ``Community Forestry and Agriculture Conservation Act of 1999''. SEC. 2. TREATMENT OF BONDS ISSUED TO ACQUIRE RENEWABLE RESOURCES ON LAND SUBJECT TO CONSERVATION EASEMENT. (a) In General.--Section 145 of the Internal Revenue Code of 1986 (defining qualified 501(c)(3) bond) is amended by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: ``(e) Bonds Issued To Acquire Renewable Resources on Land Subject to Conservation Easement.-- ``(1) In general.--If-- ``(A) the proceeds of any bond are used to acquire land (or a long-term lease thereof) together with any renewable resource associated with the land (including standing timber, agricultural crops, or water rights) from an unaffiliated person, ``(B) the land is subject to a conservation restriction-- ``(i) which is granted in perpetuity to an unaffiliated person that is-- ``(I) a 501(c)(3) organization, or ``(II) a Federal, State, or local government conservation organization, ``(ii) which meets the requirements of clauses (ii) and (iii)(II) of section 170(h)(4)(A), ``(iii) which exceeds the requirements of relevant environmental and land use statutes and regulations, and ``(iv) which obligates the owner of the land to pay the costs incurred by the holder of the conservation restriction in monitoring compliance with such restriction, ``(C) a management plan which meets the requirements of the statutes and regulations referred to subparagraph (B)(iii) is developed for the conservation of the renewable resources, and ``(D) such bond would be a qualified 501(c)(3) bond (after the application of paragraph (2)) but for the failure to use revenues derived by the 501(c)(3) organization from the sale, lease, or other use of such renewable resource as otherwise required by this part, such bond shall not fail to be a qualified 501(c)(3) bond by reason of the failure to so use such revenues if the revenues which are not used as otherwise required by this part are used in a manner consistent with the stated charitable purposes of the 501(c)(3) organization. ``(2) Treatment of timber, etc.-- ``(A) In general.--For purposes of subsection (a), the cost of any renewable resource acquired with proceeds of such bonds shall be treated as a cost of acquiring the land associated with the renewable resource and such land shall not be treated as used for a private business use because of the sale or leasing of the renewable resource to, or other use of the renewable resource by, an unaffiliated person to the extent that such sale, leasing, or other use does not constitute an unrelated trade or business, determined by applying section 513(a). ``(B) Application of bond maturity limitation.--For purposes of section 147(b), the cost of any land or renewable resource acquired with proceeds of such bonds shall have an economic life commensurate with the economic and ecological feasibility of the financing of such land or renewable resource. ``(C) Unaffiliated person.--For purposes of this subsection, the term `unaffiliated person' means any person who controls no more than 20 percent of the governing body of another person.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to obligations issued after the date of the enactment of this Act. <all>

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2024-06-24T03:05:43.242001

BILLS-106hr1864ih

Public Hearing Standardization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1864 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1864 To standardize the process for conducting public hearings for Federal agencies within the Department of the Interior. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Hansen introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To standardize the process for conducting public hearings for Federal agencies within the Department of the Interior. 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 ``Public Hearing Standardization Act of 1999''. SEC. 2. FINDINGS. The Congress finds the following: (1) Public hearings are a significant part of the process used by Federal agencies to obtain public input. (2) Public hearings are important to the public and should allow their comments to become part of the official record of agency actions, provide a forum for the public to ask questions of the Federal agencies, and allow the public to receive from the Federal agencies meaningful responses to questions as part of the official record of agency actions. (3) Federal agencies do not have a standard procedure in accordance with which their public hearings are conducted. As a result, Federal agencies have total discretion in setting rules for public hearings. These rules frequently do not require the Federal agencies to respond to legitimate questions asked by the public. (4) Standardizing the procedure in accordance with which Federal agencies conduct public hearings is necessary to help ensure that the public understands the public hearing process and can participate appropriately in that process. SEC. 3. REGULATIONS ESTABLISHING REQUIREMENTS FOR CONDUCTING PUBLIC HEARINGS. (a) Regulations Required.--The Secretary of the Interior shall establish by regulation general requirements for conducting public hearings on certain agency actions. (b) Content of Regulations.--Regulations issued pursuant to subsection (a) shall be designed to help ensure that the public understands and can fully participate in public hearings held pursuant to such regulations and shall, at a minimum, establish the following: (1) Agency actions regarding which a public hearing is required or appropriate. (2) A process whereby the public shall be given timely notice of public hearings. (3) A process in accordance with which public hearings shall be conducted. Such a process shall include an opportunity during the hearings for members of the public to ask the Federal agency conducting the hearings questions regarding the subject matter of the hearings. (4) A process to ensure that the public shall have a reasonable expectation of meaningful and timely answers to questions posed at public hearings. (5) The proceedings of a public hearing shall become part of the official record of the agency action in regard to which the hearing is held. SEC. 4. EFFECT OF OTHER LAWS. Nothing in this Act shall be construed to limit, replace, or interfere with other opportunities for public comment on, participation in, or influence on agency decisionmaking pursuant to the National Environmental Policy Act of 1969, the Administrative Procedure Act, or any other law or policy which provides for such opportunities. <all>

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2024-06-24T03:05:43.418083

BILLS-106hr1865ih

American Merchant Marine Memorial Wall of Honor Expansion Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1865 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1865 To authorize the Secretary of Transportation to make grants for the construction of an addition to the American Merchant Marine Memorial Wall of Honor located in San Pedro, California. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Horn introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To authorize the Secretary of Transportation to make grants for the construction of an addition to the American Merchant Marine Memorial Wall of Honor located in San Pedro, California. 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 ``American Merchant Marine Memorial Wall of Honor Expansion Act of 1999''. SEC. 2. FINDINGS. Congress finds that-- (1) the United States Merchant Marine has served the people of the United States in all wars since 1775; (2) the United States Merchant Marine served as the Nation's first navy and defeated the British Navy to help gain the Nation's independence; (3) the United States Merchant Marine kept the lifeline of freedom open to the allies of the United States during the Second World War, making one of the most significant contributions made by any nation to the victory of the allies in that war; (4) President Franklin D. Roosevelt and many military leaders praised the role of the United States Merchant Marine as the ``Fourth Arm of Defense'' during the Second World War; (5) more than 250,000 men and women served in the United States Merchant Marine during the Second World War; (6) during the Second World War, members of the United States Merchant Marine faced dangers from the elements and from submarines, mines, armed raiders, destroyers, aircraft, and ``kamikaze'' pilots; (7) during the Second World War, at least 6,830 members of the United States Merchant Marine were killed at sea; (8) during the Second World War, 11,000 members of the United States Merchant Marine were wounded, at least 1,100 of whom later died from their wounds; (9) during the Second World War, 604 members of the United States Merchant Marine were taken prisoner; (10) 1 in 32 members of the United States Merchant Marine serving in the Second World War died in the line of duty, suffering a higher percentage of war-related deaths than any of the other armed services of the United States; and (11) the United States Merchant Marine continues to serve the United States, promoting freedom and meeting the high ideals of its former members. SEC. 3. GRANTS TO CONSTRUCT ADDITION TO AMERICAN MERCHANT MARINE MEMORIAL WALL OF HONOR. (a) In General.--The Secretary of Transportation may make grants to the American Merchant Marine Veterans Memorial Committee, Inc., to construct an addition to the American Merchant Marine Memorial Wall of Honor located at the Los Angeles Maritime Museum in San Pedro, California. (b) Federal Share.--The Federal share of the cost of activities carried out with a grant made under this section shall be 50 percent. (c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $500,000 for fiscal year 2000. <all>

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2024-06-24T03:05:43.542735

BILLS-106hr1868ih

Rural Education Development Initiative for the 21st Century Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1868 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1868 To provide for a rural education development initiative, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. John (for himself, Mr. Holden, Mr. Shows, Mr. Thompson of California, Mr. Phelps, Mr. Boyd, Mr. Turner, Mr. Frost, Mrs. Clayton, Mr. Hill of Indiana, Mrs. Thurman, Mr. Thompson of Mississippi, Ms. Hooley of Oregon, Mr. Berry, Mr. McIntyre, Mr. Gordon, Mr. Jefferson, Mr. Etheridge, Mr. Lucas of Kentucky, Mr. Bishop, Mr. Stupak, Mr. Cramer, and Mr. Boucher) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To provide for a rural education development initiative, 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 ``Rural Education Development Initiative for the 21st Century Act''. SEC. 2. PURPOSE. The purpose of this Act is to provide rural school students in the United States with increased learning opportunities. SEC. 3. FINDINGS. Congress makes the following findings: (1) While there are rural education initiatives identified at the State and local level, no Federal education policy focuses on the specific needs of rural school districts and schools, especially those that serve poor students. (2) Under Federal law, there is no consistent definition for rural schools, rural school districts, or rural local educational agencies. (3) The National Center for Educational Statistics (NCES) reports that 46 percent of our Nation's public schools serve rural areas. (4) A critical problem for rural school districts involves the hiring and retention of qualified administrators and certified teachers (especially in science and mathematics). Consequently, teachers in rural schools are almost twice as likely to provide instruction in 3 or more subjects than teachers in urban schools. Rural schools also face other tough challenges, such as shrinking local tax bases, high transportation costs, aging buildings, limited course offerings, and limited resources. (5) Data from the National Assessment of Educational Progress (NAEP) consistently show large gaps between the achievement of students in high-poverty schools and those in other schools. High-poverty schools will face special challenges in preparing their students to reach high standards of performance on State and national assessments. SEC. 4. DEFINITIONS. In this Act: (1) Elementary school; local educational agency; secondary school; state educational agency.--The terms ``elementary school'', ``local educational agency'', ``secondary school'', and ``State educational agency'' have the meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) Eligible local educational agency.--The term ``eligible local educational agency'' means a local educational agency that serves-- (A) a school-age population, 20 percent or more of whom are from families with incomes below the poverty line; and (B)(i) a school district that is located in a rural locality; or (ii) a school-age population of 800 or fewer. (3) Metropolitan statistical area.--The term ``metropolitan statistical area'' includes the area defined as such by the Secretary of Commerce. (4) Poverty line.--The term ``poverty line'' means the poverty line (as defined by the Office of Management and Budget, and revised annually in accordance with section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a family of the size involved. (5) Rural locality.--The term ``rural locality'' means a locality that is not within a metropolitan statistical area. (6) School-age population.--The term ``school-age population'' means the number of students aged 5 through 17. (7) Secretary.--The term ``Secretary'' means the Secretary of Education. (8) Specially qualified agency.--The term ``specially qualified agency'' means an eligible local educational agency, located in a State that does not participate in a program under this Act in a fiscal year, that may apply directly to the Secretary for a grant in such year in accordance with section 5(b)(3). SEC. 5. PROGRAM AUTHORIZED. (a) Reservations.--From amounts appropriated under section 9 for a fiscal year, the Secretary shall reserve 0.5 percent to make awards to elementary or secondary schools operated or supported by the Bureau of Indian Affairs to carry out the purpose of this Act. (b) Grants to States.-- (1) In general.--From amounts appropriated under section 9 that are not reserved under subsection (a), the Secretary shall award grants to State educational agencies that have applications approved under section 7 to enable the State educational agencies to award grants to eligible local educational agencies or schools described in section 6(b)(2) for local authorized activities described in subsection (c). (2) Formula.--The Secretary shall allot to each State educational agency an amount that bears the same relation to the amount of funds appropriated under section 9 that are not reserved under subsection (a) as the number of students served by eligible local educational agencies in the State bears to the number of all students served by eligible local educational agencies in all States. (3) Direct awards to specially qualified agencies.-- (A) Nonparticipating state.--If a State educational agency elects not to participate in the program under this Act or does not have an application approved under section 7, a specially qualified agency in such State desiring a grant under this Act shall apply directly to the Secretary to receive an award under this Act. (B) Direct awards to specially qualified agencies.--The Secretary may award, on a competitive basis, the amount the State educational agency is eligible to receive under paragraph (2) directly to specially qualified agencies in the State. (c) Local Activities.--Grant funds awarded to local educational agencies or made available to schools under this Act shall be used for-- (1) educational technology, including software and hardware; (2) professional development; (3) technical assistance; (4) teacher recruitment and retention; (5) parental involvement activities; or (6) academic enrichment programs. SEC. 6. STATE DISTRIBUTION OF FUNDS. (a) Award Basis.--A State educational agency shall award grants to eligible local educational agencies or provide assistance to schools described in subsection (b)(2)-- (1) on a competitive basis; or (2) according to a formula based on the number of students served by the eligible local educational agencies or schools (as appropriate) in the State, as determined by the State. (b) First Year.--For the first year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 90 percent of the grant funds to award grants to eligible local educational agencies in the State; (2) shall use not more than 9 percent of the grant funds to provide assistance to schools located in a noneligible local educational agency if the school-- (A) is located in a rural community that has a population of 2,500 or less, or a rural community with a population density of less than 1,000 people per square mile; and (B) serves a school-age population, 20 percent or more of whom are from families with incomes below the poverty line; and (3) may use not more than 1 percent for State activities and administrative costs related to the program. (c) Succeeding Years.--For the second and each succeeding year that a State educational agency receives a grant under this Act, the State educational agency-- (1) shall use not less than 90 percent of the grant funds to award grants to eligible local educational agencies in the State; (2) shall use not more than 9.5 percent of the grant funds to provide assistance to a school described in subsection (b)(2); and (3) may use not more than 0.5 percent of the grant funds for State activities and administrative costs related to the program. SEC. 7. APPLICATIONS. Each State educational agency and specially qualified agency desiring a grant under this Act shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. Such application shall include specific measurable goals and objectives to be achieved which may include specific educational goals and objectives relating to increased student academic achievement, decreased student drop-out rates, or such other factors that the State educational agency or specially qualified agency may choose to measure. SEC. 8. REPORTS. (a) State Reports.--Each State educational agency that receives a grant under this Act shall provide an annual report to the Secretary. The report shall describe-- (1) the method the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how local educational agencies and schools used funds provided under this Act; and (3) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 7. (b) Specially Qualified Agency Report.--Each specially qualified agency that receives a grant under this Act shall provide an annual report to the Secretary. Such report shall describe-- (1) how such agency uses funds provided under this Act; and (2) the degree to which progress has been made toward meeting the goals and objectives described in the application submitted under section 5(b)(3)(A). (c) Report to Congress.--The Secretary shall prepare and submit to Congress an annual report. The report shall describe-- (1) the methods the State educational agency used to award grants to eligible local educational agencies and to provide assistance to schools under this Act; (2) how eligible local educational agencies and schools used funds provided under this Act; and (3) progress made in meeting specific measurable educational goals and objectives. SEC. 9. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $300,000,000 for each of the fiscal years 2000 through 2004. <all>

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2024-06-24T03:05:43.574198

BILLS-106hr1870ih

Volunteer Firefighter's Relief Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1870 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1870 To amend the Internal Revenue Code of 1986 to allow a deduction for contributions to a volunteer firefighter savings account. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Larson (for himself and Mr. Weldon of Pennsylvania) 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 deduction for contributions to a volunteer firefighter savings account. 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 ``Volunteer Firefighter's Relief Act''. SEC. 2. DEDUCTION FOR CONTRIBUTIONS TO VOLUNTEER FIREFIGHTER SAVINGS ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. CONTRIBUTIONS TO VOLUNTEER FIREFIGHTER SAVINGS ACCOUNTS. ``(a) Deduction Allowed.-- ``(1) In general.--In the case of an individual who is a qualified volunteer firefighter, there shall be allowed as a deduction for the taxable year an amount equal to the contributions of the individual to a volunteer firefighter savings account of the individual for the taxable year. ``(2) Maximum annual amount.--The amount allowable as a deduction under subsection (a) to any individual for a taxable year shall not exceed $500. ``(b) Qualified Volunteer Firefighter.--For purposes of this section, the term `qualified volunteer firefighter' means an individual who, on the last day of the taxable year, is a member in good standing of a qualified volunteer fire department (as defined in section 150(e)). ``(c) Volunteer Firefighter Savings Account.--For purposes of this section, the term `volunteer firefighter savings account' means a trust created or organized in the United States for the exclusive benefit of an individual and the individual's beneficiaries, but only if the written governing instrument creating the trust meets the following requirements: ``(1) No contribution will be accepted unless it is in cash. ``(2) The trustee is a bank (as defined in section 408(n)) or another person who demonstrates to the satisfaction of the Secretary that the manner in which that person will administer the trust will be consistent with the requirements of this section. ``(3) No part of the trust assets will be invested in life insurance contracts. ``(4) The assets of the trust will not be commingled with other property except in a common trust fund or common investment fund. ``(5) The interest of an individual in the balance of the individual's account is nonforfeitable. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of a volunteer firefighter savings account shall be included in the gross income of the payee or distributee for the taxable year in which the payment or distribution is received in the manner provided under section 72. ``(2) Excess contributions returned before due date of return.--Paragraph (1) shall not apply to the distribution of any contribution paid during a taxable year to a volunteer firefighter savings account to the extent that such contribution exceeds the amount allowable as a deduction under subsection (a) if-- ``(A) such distribution is received on or before the day prescribed by law (including extensions of time) for filing such individual's return for such taxable year, ``(B) no deduction is allowed under subsection (a) with respect to such excess contribution, and ``(C) such distribution is accompanied by the amount of net income attributable to such excess contribution. Any net income described in subparagraph (C) shall be included in the gross income of the individual for the taxable year in which such excess contribution was made. ``(3) Rollover contributions.-- ``(A) In general.--Paragraph (1) shall not apply to any amount paid or distributed to an account holder from a volunteer firefighter savings account to the extent that the amount received is paid into an individual retirement plan (as defined in section 7701(37)) for the benefit of the account holder not later than the 60th day after the day on which the account holder receives the payment or distribution. ``(B) Limitation.--Subparagraph (A) shall not apply to any payment or distribution described in subparagraph (A) if, at any time during the 1-year period ending on the day of such receipt, such account holder received any other amount described in subparagraph (A) which was not includible in the account holder's gross income because of the application of subparagraph (A). ``(4) Investment in collectibles treated as distributions.--Rules similar to the rules of section 408(m) shall apply for purposes of this section. ``(e) Tax Treatment of Accounts.-- ``(1) Exemption from tax.--A volunteer firefighter savings account is exempt from taxation under this subtitle unless such account has ceased to be a volunteer firefighter savings account by reason of paragraph (2). Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc. organizations). ``(2) Loss of exemption of account where individual engages in prohibited transaction.-- ``(A) In general.--If the individual for whose benefit a volunteer firefighter savings account is established or any individual who contributes to such account engages in any transaction prohibited by section 4975 with respect to the account, the account shall cease to be a volunteer firefighter savings account as of the first day of the taxable year (of the individual so engaging in such transaction) during which such transaction occurs. ``(B) Account treated as distributing all its assets.--In any case in which any account ceases to be a volunteer firefighter savings account by reason of subparagraph (A) as of the first day of any taxable year, paragraph (1) of subsection (d) shall apply as if there was a distribution on such first day in an amount equal to the fair market value (on such first day) of all assets in the account (on such first day). ``(3) Effect of pledging account as security.--If, during any taxable year, the individual for whose benefit a volunteer firefighter savings account is established uses the account or any portion thereof as security for a loan, the portion so used shall be treated as distributed to the individual so using such portion. ``(f) Special Rules.-- ``(1) Time when contributions deemed made.--A taxpayer shall be deemed to have made a contribution to a volunteer firefighter savings account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(2) Death and divorce.--Rules similar to the rules of sections 401(a)(9), 401(a)(11), and 408(d)(6) shall apply for purposes of this section. ``(3) Community property laws.--This section shall be applied without regard to any community property laws. ``(g) Reports.--The trustee of a volunteer firefighter savings account shall make such reports regarding such account to the Secretary and to the account holder with respect to contributions, distributions, and such other matters as the Secretary may require under regulations. The reports required by this subsection shall be filed at such time and in such manner and furnished to such individuals at such time and in such manner as may be required by those regulations.''. (b) Allowance of Deduction in Computing Adjusted Gross Income.-- Subsection (a) of section 62 of such Code (defining adjusted gross income) is amended by inserting after paragraph (17) the following new paragraph: ``(18) Contributions to volunteer firefighter savings accounts.--The deduction allowed by section 222(a).''. (c) Additional Tax on Early Distributions.--Subsection (t) of section 72 of such Code (relating to 10-percent additional tax on early distributions from qualified retirement plans) is amended-- (1) in paragraph (1) by inserting ``or a volunteer firefighter savings account'' after ``section 4974(c))'', and (2) in the heading by striking ``Qualified Retirement Plans'' and inserting ``Certain Tax-Favored Plans''. (d) Tax on Excess Contributions.--Section 4973 of such Code (relating to tax on excess contributions to certain tax-favored accounts and annuities) is amended-- (1) in subsection (a) by striking ``or'' at the end of paragraph (3), by inserting ``or'' at the end of paragraph (4), and by inserting after paragraph (4) the following new paragraph: ``(5) an investment savings account (within the meaning of section 222(c)),'', and (2) by adding at the end the following new subsection: ``(g) Excess Contributions to Volunteer Firefighter Savings Accounts.--For purposes of this section, in the case of a volunteer firefighter savings account, the term `excess contributions' means the sum of-- ``(1) the aggregate amount contributed for the taxable year to the account which is not allowable as a deduction under section 222 for such taxable year, and ``(2) the amount determined under this subsection for the preceding taxable year, reduced by-- ``(A) the distributions out of the accounts which were included in gross income under section 222(d)(1) for the taxable year, over ``(B) the amount contributed to the accounts for the taxable year. For purposes of this subsection, any contribution which is distributed out of the investment savings account in a distribution to which section 222(d)(2) applies shall be treated as an amount not contributed.''. (e) Tax on Prohibited Transactions.--Section 4975 of such Code (relating to prohibited transactions) is amended-- (1) by adding at the end of subsection (c) the following new paragraph: ``(6) Special rule for volunteer firefighter savings accounts.--An individual for whose benefit a volunteer firefighter savings account is established and any contributor to such account shall be exempt from the tax imposed by this section with respect to any transaction concerning such account (which would otherwise be taxable under this section) if, with respect to such transaction, the account ceases to be a volunteer firefighter savings account by reason of the application of section 222 to such account.'', and (2) in subsection (e)(1), by striking ``or'' at the end of subparagraph (E), by redesignating subparagraph (F) as subparagraph (G), and by inserting after subparagraph (E) the following new subparagraph: ``(F) a volunteer firefighter savings account described in section 222, or''. (f) Failure To Provide Reports on Volunteer Firefighter Savings Accounts.--Paragraph (2) of section 6693(a) of such Code (relating to failure to provide reports on certain tax-favored accounts or annuities) is amended by striking ``and'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, and'', and by adding at the end the following new subparagraph: ``(E) section 222(g) (relating to volunteer firefighter savings accounts).''. (g) Conforming Amendments.-- (1) Paragraph (1) of section 408(a) is amended by inserting ``222(d)(3),'' before ``402(c)''. (2) The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the item relating to section 222 and inserting the following new items: ``Sec. 222. Contributions to volunteer firefighter savings accounts. ``Sec. 223. Cross reference.'' (h) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. <all>

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2024-06-24T03:05:43.626635

BILLS-106hr1871ih

Mother Teresa Religious Worker Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1871 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1871 To amend the Immigration and Nationality Act to make permanent the special immigrant religious worker program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Ms. Lofgren introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend the Immigration and Nationality Act to make permanent the special immigrant religious worker 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 ``Mother Teresa Religious Worker Act of 1999''. SEC. 2. MAKING PERMANENT THE SPECIAL IMMIGRANT RELIGIOUS WORKER PROGRAM. Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended by striking ``before October 1, 2000,'' each place it appears. <all>

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2024-06-24T03:05:43.636042

BILLS-106hr1867ih

Campaign Integrity Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1867 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1867 To amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for elections for Federal office, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Hutchinson (for himself, Mr. Hill of Indiana, Mr. Hulshof, Mr. Brady of Texas, Mr. Moran of Kansas, Mr. Petri, Mr. English, Mr. Bachus, and Mr. Cook) 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 reform the financing of campaigns for elections for Federal office, 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 ``Campaign Integrity Act of 1999''. TITLE I--SOFT MONEY AND CONTRIBUTIONS AND EXPENDITURES OF POLITICAL PARTIES SEC. 101. BAN ON SOFT MONEY OF NATIONAL POLITICAL PARTIES AND CANDIDATES. 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: ``ban on use of soft money by national political parties and candidates ``Sec. 323. (a) National Parties.--A national committee of a political party, including the national congressional campaign committees of a political party, and any officers or agents of such party committees, may not solicit, receive, or direct any contributions, donations, or transfers of funds, or spend any funds, which are not subject to the limitations, prohibitions, and reporting requirements of this Act. This subsection shall apply to any entity that is established, financed, maintained, or controlled (directly or indirectly) by, or acting on behalf of, a national committee of a political party, including the national congressional campaign committees of a political party, and any officers or agents of such party committees. ``(b) Candidates.-- ``(1) In general.--No candidate for Federal office, individual holding Federal office, or any agent of such candidate or officeholder may solicit, receive, or direct-- ``(A) any funds in connection with any Federal election unless such funds are subject to the limitations, prohibitions and reporting requirements of this Act; ``(B) any funds that are to be expended in connection with any election for other than a Federal office unless such funds are not in excess of the amounts permitted with respect to contributions to Federal candidates and political committees under section 315(a)(1) and (2), and are not from sources prohibited from making contributions by this Act with respect to elections for Federal office; or ``(C) any funds on behalf of any person which are not subject to the limitations, prohibitions, and reporting requirements of this Act if such funds are for the purpose of financing any activity on behalf of a candidate for election for Federal office or any communication which refers to a clearly identified candidate for election for Federal office. ``(2) Exception for certain activities.--Paragraph (1) shall not apply to-- ``(A) the solicitation or receipt of funds by an individual who is a candidate for a non-Federal office if such activity is permitted under State law for such individual's non-Federal campaign committee; or ``(B) the attendance by an individual who holds Federal office or is a candidate for election for Federal office at a fundraising event for a State or local committee of a political party of the State which the individual represents or seeks to represent as a Federal officeholder, if the event is held in such State. ``(c) Prohibiting Transfers of Non-Federal Funds Between State Parties.--A State committee of a political party may not transfer any funds to a State committee of a political party of another State unless the funds are subject to the limitations, prohibitions, and reporting requirements of this Act. ``(d) Applicability to Funds From All Sources.--This section shall apply with respect to funds of any individual, corporation, labor organization, or other person.''. SEC. 102. INCREASE IN AGGREGATE ANNUAL LIMIT ON CONTRIBUTIONS BY INDIVIDUALS TO POLITICAL PARTIES. (a) In General.--The first sentence of section 315(a)(3) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by striking ``in any calendar year'' and inserting the following: ``to political committees of political parties, or contributions aggregating more than $25,000 to any other persons, in any calendar year''. (b) Conforming Amendment.--Section 315(a)(1)(B) of such Act (2 U.S.C. 441a(a)(1)(B)) is amended by striking ``$20,000'' and inserting ``$25,000''. SEC. 103. REPEAL OF LIMITATIONS ON AMOUNT OF COORDINATED EXPENDITURES BY POLITICAL PARTIES. (a) In General.--Section 315(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(d)) is amended by striking paragraphs (2) and (3). (b) Conforming Amendments.--Section 315(d)(1) of such Act (2 U.S.C. 441a(d)(1)) is amended-- (1) by striking ``(d)(1)'' and inserting ``(d)''; and (2) by striking ``, subject to the limitations contained in paragraphs (2) and (3) of this subsection''. SEC. 104. INCREASE IN LIMIT ON CONTRIBUTIONS BY MULTICANDIDATE POLITICAL COMMITTEES TO NATIONAL POLITICAL PARTIES. Section 315(a)(2)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(B)) is amended by striking ``$15,000'' and inserting ``$20,000''. TITLE II--INDEXING CONTRIBUTION LIMITS SEC. 201. INDEXING CONTRIBUTION LIMITS. Section 315(c) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended by adding at the end the following new paragraph: ``(3)(A) The amount of each limitation established under subsection (a) shall be adjusted as follows: ``(i) For calendar year 2001, each such amount shall be equal to the amount described in such subsection, increased (in a compounded manner) by the percentage increase in the price index (as defined in subsection (c)(2)) for each of the years 1999 through 2000. ``(ii) For calendar year 2005 and each fourth subsequent year, each such amount shall be equal to the amount for the fourth previous year (as adjusted under this subparagraph), increased (in a compounded manner) by the percentage increase in the price index for each of the four previous years. ``(B) In the case of any amount adjusted under this subparagraph which is not a multiple of $100, the amount shall be rounded to the nearest multiple of $100.''. TITLE III--EXPANDING DISCLOSURE OF CAMPAIGN FINANCE INFORMATION SEC. 301. DISCLOSURE OF CERTAIN COMMUNICATIONS. (a) In General.--Any person who expends an aggregate amount of funds during a calendar year in excess of $25,000 for communications described in subsection (b) relating to a single candidate for election for Federal office (or an aggregate amount of funds during a calendar year in excess of $100,000 for all such communications relating to all such candidates) shall file a report describing the amount expended for such communications, together with the person's address and phone number (or, if appropriate, the address and phone number of the person's principal officer). (b) Communications Described.--A communication described in this subsection is any communication which is broadcast to the general public through radio or television and which mentions or includes (by name, representation, or likeness) any candidate for election for Senator or for Representative in (or Delegate or Resident Commissioner to) the Congress, other than any communication which would be described in clause (i), (iii), or (v) of section 301(9)(B) of the Federal Election Campaign Act of 1971 if the payment were an expenditure under such section. (c) Deadline for Filing.--A person shall file a report required under subsection (a) not later than 7 days after the person first expends the applicable amount of funds described in such subsection, except that in the case of a person who first expends such an amount within 10 days of an election, the report shall be filed not later than 24 hours after the person first expends such amount. For purposes of the previous sentence, the term ``election'' shall have the meaning given such term in section 301(1) of the Federal Election Campaign Act of 1971. (d) Place of Submission.--Reports required under subsection (a) shall be submitted-- (1) to the Clerk of the House of Representatives, in the case of a communication involving a candidate for election for Representative in (or Delegate or Resident Commissioner to) the Congress; and (2) to the Secretary of the Senate, in the case of a communication involving a candidate for election for Senator. (e) Penalties.--Whoever knowingly fails to-- (1) remedy a defective filing within 60 days after notice of such a defect by the Secretary of the Senate or the Clerk of the House of Representatives; or (2) comply with any other provision of this section, shall, upon proof of such knowing violation by a preponderance of the evidence, be subject to a civil fine of not more than $50,000, depending on the extent and gravity of the violation. SEC. 302. REQUIRING MONTHLY FILING OF REPORTS. (a) Principal Campaign Committees.--Section 304(a)(2)(A)(iii) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)(iii)) is amended to read as follows: ``(iii) monthly reports, which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of the year, a pre-general election report shall be filed in accordance with clause (i), a post-general election report shall be filed in accordance with clause (ii), and a year end report shall be filed no later than January 31 of the following calendar year.''. (b) Other Political Committees.--Section 304(a)(4) of such Act (2 U.S.C. 434(a)(4)) is amended to read as follows: ``(4)(A) In a calendar year in which a regularly scheduled general election is held, all political committees other than authorized committees of a candidate shall file-- ``(i) monthly reports, which shall be filed no later than the 20th day after the last day of the month and shall be complete as of the last day of the month, except that, in lieu of filing the reports otherwise due in November and December of the year, a pre-general election report shall be filed in accordance with clause (ii), a post-general election report shall be filed in accordance with clause (iii), and a year end report shall be filed no later than January 31 of the following calendar year; ``(ii) a pre-election report, which shall be filed no later than the 12th day before (or posted by registered or certified mail no later than the 15th day before) any election in which the committee makes a contribution to or expenditure on behalf of a candidate in such election, and which shall be complete as of the 20th day before the election; and ``(iii) a post-general election report, which shall be filed no later than the 30th day after the general election and which shall be complete as of the 20th day after such general election. ``(B) In any other calendar year, all political committees other than authorized committees of a candidate shall file a report covering the period beginning January 1 and ending June 30, which shall be filed no later than July 31 and a report covering the period beginning July 1 and ending December 31, which shall be filed no later than January 31 of the following calendar year.''. (c) Conforming Amendments.--(1) Section 304(a) of such Act (2 U.S.C. 434(a)) is amended by striking paragraph (8). (2) Section 309(b) of such Act (2 U.S.C. 437g(b)) is amended by striking ``for the calendar quarter'' and inserting ``for the month''. SEC. 303. MANDATORY ELECTRONIC FILING FOR CERTAIN REPORTS. (a) In General.--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 the period at the end and inserting the following: ``, except that the Commission shall require the reports to be filed and preserved by such means, format, or method, unless the aggregate amount of contributions or expenditures (as the case may be) reported by the committee in all reports filed with respect to the election involved (taking into account the period covered by the report) is less than $50,000.''. (b) Providing Standardized Software Package.--Section 304(a)(11) of such Act (2 U.S.C. 434(a)(11)) is amended-- (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following new subparagraph: ``(C) The Commission shall make available without charge a standardized package of software to enable persons filing reports by electronic means to meet the requirements of this paragraph.''. SEC. 304. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON OCCUPATION OF INDIVIDUAL CONTRIBUTORS. Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the occupation or the name of the employer of any individual who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. TITLE IV--EFFECTIVE DATE SEC. 401. EFFECTIVE DATE. This Act and the amendments made by this Act shall apply with respect to elections occurring after January 2001. <all>

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2024-06-24T03:05:43.712907

BILLS-106hr1872ih

Interstate Oasis Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1872 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1872 To direct the Secretary of Transportation to establish a program to designate as an Interstate Oasis certain facilities near the interstate highway system. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Moran of Kansas (for himself, Mr. Hinchey, Mr. Terry, and Mr. Barcia) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To direct the Secretary of Transportation to establish a program to designate as an Interstate Oasis certain facilities near the interstate highway system. 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 ``Interstate Oasis Act of 1999''. SEC. 2. INTERSTATE OASIS PROGRAM. (a) In General.--Chapter 1 of title 23, United States Code, is amended by inserting at the end the following: ``Sec. 165. Interstate Oasis Program ``(a) In General.--Not later than 180 days after the date of enactment of this Act and in consultation with the States and other interested parties, the Secretary of Transportation shall establish a program to designate as Interstate Oases facilities near the Interstate System that offer products and services to the public, if such facilities meet standards to be determined by the Secretary. ``(b) Standards for Designation.--The standards for designation under subsection (a) shall include standards relating to the appearance of a facility and its proximity to the Interstate System. ``(c) Eligibility for Designation.--Any facility meeting the standards established by the Secretary under this section shall be eligible for the designation under this section. ``(d) Logo.--The Secretary shall design a logo to be displayed by facilities designated under this section.''. (b) Clerical Amendment.--The analysis for such chapter is amended by adding at the end the following: ``165. Interstate Oasis Program.''. <all>

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2024-06-24T03:05:43.787204

BILLS-106hr1873ih

Middle Class Tax Relief Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1873 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1873 To amend the Internal Revenue Code of 1986 to increase the maximum taxable income for the 15 percent rate bracket. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Scarborough 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 maximum taxable income for the 15 percent rate bracket. 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 ``Middle Class Tax Relief Act of 1999''. SEC. 2. INCREASE IN MAXIMUM TAXABLE INCOME FOR 15 PERCENT RATE BRACKET. Section 1(f) of the Internal Revenue Code of 1986 (relating to adjustments in tax tables so that inflation will not result in tax increases) is amended-- (1) in paragraph (2)-- (A) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and (D), (B) by inserting after subparagraph (A) the following: ``(B) in the case of the tables contained in subsections (a), (b), (c), and (d), by increasing the maximum taxable income level for the 15 percent rate bracket and the minimum taxable income level for the 28 percent rate bracket otherwise determined under subparagraph (A) for taxable years beginning in any calendar year after 1999, by the applicable dollar amount for such calendar year,'', and (C) by striking ``subparagraph (A)'' in subparagraph (C) (as so redesignated) and inserting ``subparagraphs (A) and (B)'', and (2) by adding at the end the following: ``(8) Applicable dollar amount.--For purposes of paragraph (2)(B), the applicable dollar amount for any calendar year shall be determined as follows: ``(A) Joint returns and surviving spouses.--In the case of the table contained in subsection (a)-- Applicable ``Calendar year: Dollar Amount: 2000.......................................... $2,000 2001.......................................... $4,000 2002.......................................... $6,000 2003.......................................... $8,000 2004 and thereafter........................... $10,000. ``(B) Other tables.--In the case of the table contained in subsection (b), (c), or (d)-- Applicable ``Calendar year: Dollar Amount: 2000.......................................... $1,000 2001.......................................... $2,000 2002.......................................... $3,000 2003.......................................... $4,000 2004 and thereafter........................... $5,000.'' <all>

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2024-06-24T03:05:43.942804

BILLS-106hr1879ih

For the relief of Edwardo Reyes and Dianelita Reyes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1879 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1879 For the relief of Edwardo Reyes and Dianelita Reyes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Porter introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Edwardo Reyes and Dianelita Reyes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR EDWARDO REYES AND DIANELITA REYES. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Edwardo Reyes and Dianelita Reyes shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Edwardo Reyes or Dianelita Reyes enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to Edwardo Reyes and Dianelita Reyes, the Secretary of State shall instruct the proper officer to reduce by 2, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens' birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens' birth under section 202(e) of such Act. (e) Denial of Preferential Immigration Treatment for Certain Relatives.--The natural parents, brothers, and sisters of Edwardo Reyes and Dianelita Reyes shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. <all>

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2024-06-24T03:05:44.054828

BILLS-106hr1878ih

For the relief of Geert Bozen.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1878 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1878 For the relief of Geert Bozen. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Ms. Lee introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL For the relief of Geert Bozen. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PERMANENT RESIDENT STATUS FOR GEERT BOZEN. (a) In General.--Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Geert Bozen shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. (b) Adjustment of Status.--If Geert Bozen enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. (c) Deadline for Application and Payment of Fees.--Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. (d) Reduction of Immigrant Visa Number.--Upon the granting of an immigrant visa or permanent residence to Geert Bozen, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien's birth under section 202(e) of such Act. <all>

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2024-06-24T03:05:44.063466

BILLS-106hr1881ih

Border Patrol Recruitment and Retention Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1881 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1881 To modify the rate of basic pay and the classification of positions for certain United States Border Patrol agents, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Ms. Jackson-Lee of Texas (for herself and Mr. Reyes) 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 modify the rate of basic pay and the classification of positions for certain United States Border Patrol agents, 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 ``Border Patrol Recruitment and Retention Act of 1999''. SEC. 2. FINDINGS. Congress finds as follows: (1) The United States, being a nation of immigrants and a nation operating under laws and agreements that establish immigration procedures by which all Border Patrol agents must abide, should authorize a step pay increase for its United States Border Patrol agents after 1 year of service, in an effort to better recruit and retain urgently needed agents to safely guard the Nation's borders. (2) The United States Border Patrol performs critical work, and its agents are assigned duties that involve considerable risks and require unique talents to protect the integrity of the borders of the United States. (3) The Immigration and Naturalization Service, which is authorized to add a total of 5,000 additional border agents, at a rate of 1,000 per fiscal year from fiscal year 1997 to fiscal year 2001, did not request any additional agents in its proposed budget for fiscal year 2000, despite being in dire need of increasing its border patrol. (4) Due to poor recruitment and retention of United States Border Patrol agents, 7 classes at the Academy have already been canceled and less than 400 agents are currently in training. At this rate, training of agents would still fail to meet the fiscal year 1999 and fiscal year 2000 budget requests relating to the addition of Border Patrol agents. (5) There is a real need to increase the border patrol along the Southwest border, in States such as Texas, Arizona, California, and New Mexico. Such an increase is necessary and proper. SEC. 3. BORDER PATROL AGENT PAY AND CLASSIFICATION. (a) In General.--Any Border Patrol agent classified as a GS-1896 position who completes a 1-year period of service at a GS-9 grade and whose current rating of record is fully successful or higher shall be classified at a GS-11 grade and receive pay at the minimum rate of basic pay for a GS-11 position. (b) Nonreduction.--Subsection (a) shall not be construed to-- (1) limit or reduce the rate of pay of any Border Patrol agent; or (2) reclassify a Border Patrol agent at a lower classification of position. (c) Effective Date.--This section shall take effect on the first day of the first applicable pay period beginning on or after the later of-- (1) October 1, 1999; or (2) 120 days after the date of the enactment of this Act. SEC. 4. OFFICE OF BORDER PATROL RECRUITMENT AND RETENTION. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the Commissioner of the Immigration and Naturalization Service shall establish an Office of Border Patrol Recruitment and Retention within the Immigration and Naturalization Service. (b) Functions.--The Office of Border Patrol Recruitment and Retention shall-- (1) develop outreach programs to identify and recruit prospective Border Patrol agents; (2) develop programs to retain Border Patrol agents; and (3) submit recommendations to the Commissioner of the Immigration and Naturalization Service relating to pay and benefits of Border Patrol agents. (c) Report to Congress.--Not later than 150 days after the date of enactment of this Act, the Commissioner of the Immigration and Naturalization Service shall submit a report to the Congress on the establishment and activities of the Office of Border Patrol Recruitment and Retention. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $50,000,000 for fiscal year 2000 and such sums as may be necessary for each fiscal year thereafter to carry out this Act. <all>

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2024-06-24T03:05:44.083360

BILLS-106hr1874ih

To amend the Internal Revenue Code of 1986 to increase the maximum amount of wages that a farmer can pay for agricultural labor without being subject to the Federal unemployment tax on that labor to reflect inflation since the unemployment tax was first established, and to provide for an annual inflation adjustment in such maximum amount of wages.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1874 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1874 To amend the Internal Revenue Code of 1986 to increase the maximum amount of wages that a farmer can pay for agricultural labor without being subject to the Federal unemployment tax on that labor to reflect inflation since the unemployment tax was first established, and to provide for an annual inflation adjustment in such maximum amount of wages. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 19, 1999 Mr. Schaffer (for himself, Mr. McInnis, Mr. Shows, Mr. Watts of Oklahoma, Mr. Dickey, Mr. Sessions, Mrs. Chenoweth, Mr. Terry, Mr. Hansen, Mr. Hastings of Washington, Mr. Nethercutt, Mr. Hill of Montana, Mr. Hayes, Mr. Doolittle, Mr. Watkins, Mr. Istook, Mr. Lewis of Kentucky, Mr. Rahall, Mr. Hostettler, Mrs. Cubin, Mr. Burton of Indiana, Mr. Pickering, Mr. Chambliss, Mr. Ewing, Mr. Davis of Illinois, Mr. Goode, and Mr. Green of Wisconsin) 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 maximum amount of wages that a farmer can pay for agricultural labor without being subject to the Federal unemployment tax on that labor to reflect inflation since the unemployment tax was first established, and to provide for an annual inflation adjustment in such maximum amount of wages. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. INFLATION ADJUSTMENT FOR MAXIMUM AMOUNT OF WAGES FARMERS CAN PAY FOR AGRICULTURAL LABOR WITHOUT BEING SUBJECT TO FEDERAL UNEMPLOYMENT TAX ON THAT LABOR. (a) In General.--Paragraph (2) of section 3306(a) of the Internal Revenue Code of 1986 (defining agricultural labor) is amended to read as follows: ``(2) Agricultural Labor.-- ``(A) In general.--In the case of agricultural labor, the term `employer' means, with respect to any calendar year, any person who-- ``(i)(I) during any calendar quarter in the calendar year paid wages of the applicable dollar amount (or more) for such calendar year for agricultural labor, or ``(II) during any calendar quarter in the preceding calendar year paid wages of the applicable dollar amount (or more) for such preceding calendar year for agricultural labor, or ``(ii) on each of some 20 days during the calendar year or during the preceding calendar year, each day being in a different calendar week, employed at least 10 individuals in employment in agricultural labor for some portion of the day. ``(B) Applicable dollar amount.--For purposes of subparagraph (A), the term `applicable dollar amount' means $50,000. ``(C) Inflation adjustment.-- ``(i) In general.--In the case of a calendar year beginning after 1999, the dollar amount contained in subparagraph (B) 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 1998' for `calendar year 1992' in subparagraph (B) thereof. ``(ii) Rounding.--If any amount as adjusted under clause (i) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.''. (b) Conforming Amendment.--Clause (i) of section 3306(c)(1)(A) of such Code is amended to read as follows: ``(i)(I) during any calendar quarter in the calendar year paid remuneration in cash of the applicable dollar amount (as defined in subsection (a)(2)(B)) or more for such calendar year to individuals employed in agricultural labor (including labor performed by an alien referred to in subparagraph (B)), or ``(II) during any calendar quarter in the preceding calendar year paid remuneration in cash of the applicable dollar amount (as defined in subsection (a)(2)(B)) or more for such preceding calendar year to individuals employed in agricultural labor (including labor performed by an alien referred to in subparagraph (B)), or''. (c) Effective Date.--The amendments made by this Act shall take effect on January 1, 2000. <all>

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2024-06-24T03:05:44.165638

BILLS-106hr1882ih

Small Business Review Panel Technical Amendments Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1882 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1882 To amend provisions of law enacted by the Small Business Regulatory Enforcement Fairness Act of 1996 to ensure full analysis of potential impacts on small entities of rules proposed by certain agencies, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Talent (for himself, Ms. Velazquez, Mrs. Kelly, Mr. Bartlett of Maryland, and Mr. Ewing) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on 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 amend provisions of law enacted by the Small Business Regulatory Enforcement Fairness Act of 1996 to ensure full analysis of potential impacts on small entities of rules proposed by certain agencies, 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 ``Small Business Review Panel Technical Amendments Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--The Congress finds the following: (1) A vibrant and growing small business sector is critical to creating jobs in a dynamic economy. (2) Small businesses bear a disproportionate share of regulatory costs and burdens. (3) Federal agencies must consider the impact of their regulations on small businesses early in the rulemaking process. (4) The Small Business Advocacy Review Panel process that was established by the Small Business Regulatory Enforcement Fairness Act of 1996 has been effective in allowing small businesses to participate in rules that are being developed by the Environmental Protection Agency and the Occupational Safety and Health Administration. (b) Purposes.--The purposes of this Act are the following: (1) To provide a forum for the effective participation of small businesses in the Federal regulatory process. (2) To clarify and strengthen the Small Business Advocacy Review Panel process. (3) To expand the number of Federal agencies that are required to convene Small Business Advocacy Review Panels. SEC. 3. ENSURING FULL ANALYSIS OF POTENTIAL IMPACTS ON SMALL ENTITIES OF RULES PROPOSED BY CERTAIN AGENCIES. Section 609(b) of title 5, United States Code, is amended to read as follows: ``(b)(1) Before the publication of an initial regulatory flexibility analysis that a covered agency is required to conduct under this chapter, the head of the covered agency shall-- ``(A) notify the Chief Counsel for Advocacy of the Small Business Administration (in this subsection referred to as the `Chief Counsel') in writing; ``(B) provide the Chief Counsel with information on the potential impacts of the proposed rule on small entities and the type of small entities that might be affected; and ``(C) not later than 30 days after complying with subparagraphs (A) and (B)-- ``(i) with the concurrence of the Chief Counsel, identify affected small entity representatives; and ``(ii) transmit the information referred to in subparagraph (B) to the identified small entity representatives for the purposes of obtaining advice and recommendations about the potential impacts of the draft proposed rule. ``(2)(A) Not earlier than 30 days after the covered agency transmits information pursuant to paragraph (1)(C)(ii), the head of the covered agency shall convene a review panel for the draft proposed rule. The panel shall consist solely of full-time Federal employees of the office within the covered agency that will be responsible for carrying out the proposed rule, the Office of Information and Regulatory Affairs of the Office of Management and Budget, and the Chief Counsel. ``(B) The review panel shall-- ``(i) review any material the covered agency has prepared in connection with this chapter, including any draft proposed rule; ``(ii) collect advice and recommendations from the small entity representatives identified under paragraph (1)(C)(i) on issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c); and ``(iii) allow any small entity representative identified under paragraph (1)(C)(i) to make an oral presentation to the panel, if requested. ``(C) Not later than 60 days after the date a covered agency convenes a review panel pursuant to this paragraph, the review panel shall report to the head of the covered agency on-- ``(i) the comments received from the small entity representatives identified under paragraph (1)(C)(i); and ``(ii) its findings regarding issues related to paragraphs (3), (4), and (5) of section 603(b) and section 603(c). ``(3) The head of the covered agency shall print in the Federal Register the report of the review panel under paragraph (2)(C), by the earlier of-- ``(A) 120 days after the date the head of the covered agency receives the report; or ``(B) as part of the publication of the notice of proposed rulemaking for the proposed rule. ``(4) Where appropriate, the covered agency shall modify the draft proposed rule, the initial regulatory flexibility analysis for the draft proposed rule, or the decision on whether an initial regulatory flexibility analysis is required for the draft proposed rule.''. SEC. 4. DEFINITIONS. Section 609(d) of title 5, United States Code, is amended to read as follows: ``(d) For the purposes of this section-- ``(1) the term `covered agency' means the Environmental Protection Agency, the Occupational Safety and Health Administration of the Department of Labor, and the Internal Revenue Service of the Department of the Treasury; and ``(2) the term `small entity representative' means a small entity, or an individual or organization that represents a small entity.''. SEC. 5. EFFECTIVE DATE. This Act shall take effect upon the expiration of the 90-day period beginning on the date of the enactment of this Act. <all>

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2024-06-24T03:05:44.236201

BILLS-106hr1883ih

Iran Nonproliferation Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1883 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1883 To provide for the application of measures to foreign persons who transfer to Iran certain goods, services, or technology, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Gilman (for himself, Mr. Gejdenson, Mr. Sensenbrenner, and Mr. Berman) introduced the following bill; which was referred to the Committee on International Relations, and in addition to the Committee on Science, 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 the application of measures to foreign persons who transfer to Iran certain goods, services, or technology, 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 ``Iran Nonproliferation Act of 1999''. SEC. 2. REPORTS ON PROLIFERATION TO IRAN. (a) Reports.--The President shall, at the times specified in subsection (b), submit to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate a report identifying every foreign person with respect to whom there is credible information indicating that that person, on or after January 22, 1998, transferred to Iran-- (1) goods, services, or technology listed on-- (A) the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.3/Part 1) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev.3/Part 2); (B) the Missile Technology Control Regime Equipment and Technology Annex; (C) the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group; (D) the list of items and substances the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction; or (E) the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list; or (2) goods, services, or technology not listed on any list identified in paragraph (1) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran because of their potential contribution to the development of nuclear, biological, or chemical weapons, or of ballistic missile systems. (b) Timing of Reports.--The reports under subsection (a) shall be submitted not later than 30 days after the date of the enactment of this Act, not later than 6 months after such date of enactment, and not later than the end of each 6-month period thereafter. (c) Exceptions.--Any foreign person who-- (1) was identified in a previous report submitted under subsection (a) on account of a particular transfer, or (2) has engaged in a transfer on behalf of, or in concert with, the Government of the United States, is not required to be identified on account of that same transfer in any report submitted thereafter under this section, except to the degree that new information has emerged indicating that the particular transfer may have continued, or been larger, more significant, or different in nature than previously reported under this section. (d) Submission in Classified Form.--When the President considers it appropriate, reports submitted under subsection (a), or appropriate parts thereof, may be submitted in classified form. SEC. 3. APPLICATION OF MEASURES TO CERTAIN FOREIGN PERSONS. (a) Application of Measures.--Subject to sections 4 and 5, the President is authorized to apply with respect to each foreign person identified in a report submitted pursuant to section 2(a), for such period of time as he may determine, any or all of the measures described in subsection (b). (b) Description of Measures.--The measures referred to in subsections (a) are the following: (1) Executive order 12938 prohibitions.--The measures set forth in subsections (b) and (c) of section 4 of Executive Order 12938 shall be applied with respect to that person. (2) Arms export prohibition.--The United States Government shall not sell to that foreign person any item on the United States Munitions List as in effect on August 8, 1995, and shall terminate sales to that person of any defense articles, defense services, or design and construction services under the Arms Export Control Act. (3) Dual use export prohibition.--The authorities of section 6 of the Export Administration Act of 1979 shall be used to prohibit the export to that person of any goods or technology on the control list established under section 5(c)(1) of that Act. (c) Effective Date of Measures.--Measures applied pursuant to subsection (a) shall be effective with respect to a foreign person-- (1) 30 days after the report identifying the foreign person is submitted, if the report is submitted on or before the date required by section 2(b); (2) 30 days after the date required by section 2(b) for submitting the report, if the report identifying the foreign person is submitted within 30 days after that date; or (3) on the date that the report identifying the foreign person is submitted, if that report is submitted more than 30 days after the date required by section 2(b). (d) Publication in Federal Register.--The application of measures to a foreign person pursuant to subsection (a) shall be announced by notice published in the Federal Register. SEC. 4. PROCEDURES IF MEASURES ARE NOT APPLIED. (a) Requirement To Notify Congress.--Should the President not exercise the authority of section 3(a) to apply any or all of the measures described in section 3(b) with respect to a foreign person identified in a report submitted pursuant to section 2(a), he shall so notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate no later than the effective date under section 3(c) for measures with respect to that person. (b) Written Justification.--Any notification submitted by the President under subsection (a) shall include a written justification describing in detail the facts and circumstances relating specifically to the foreign person identified in a report submitted pursuant to section 2(a) that support the President's decision not to exercise the authority of section 3(a) with respect to that person. (c) Submission in Classified Form.--When the President considers it appropriate, the notification of the President under subsection (a), and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form. SEC. 5. DETERMINATION EXEMPTING FOREIGN PERSON FROM SECTIONS 3 AND 4. (a) In General.--Sections 3 and 4 shall not apply to a foreign person 15 days after the President determines and reports to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that, on the basis of information provided by that person, or otherwise obtained by the President, the President is persuaded that-- (1) the person did not, on or after January 22, 1998, knowingly transfer to Iran the goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a); or (2) the goods, services, or technology the transfer of which caused that person to be identified in a report submitted pursuant to section 2(a) did not materially contribute to Iran's efforts to develop nuclear, biological, or chemical weapons, or ballistic missile systems. (b) Written Justification.--Any determination and report of the President under subsection (a) shall include a written justification describing in detail-- (1) the credible information indicating that the person, on or after January 22, 1998, transferred to Iran goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a); (2) the additional information which persuaded the President that the person did not, on or after January 22, 1998, knowingly transfer to Iran goods, services, or technology the apparent transfer of which caused that person to be identified in a report submitted pursuant to section 2(a); and (3) the analysis of the information supporting the President's conclusion. (c) Submission in Classified Form.--When the President considers it appropriate, the determination and report of the President under subsection (a), and the written justification under subsection (b), or appropriate parts thereof, may be submitted in classified form. SEC. 6. RESTRICTION ON EXTRAORDINARY PAYMENTS IN CONNECTION WITH THE INTERNATIONAL SPACE STATION. (a) Restriction on Extraordinary Payments in Connection With the International Space Station.--Notwithstanding any other provision of law, no agency of the United States Government may make extraordinary payments in connection with the International Space Station to the Russian Space Agency, any organization or entity under the jurisdiction of the Russian Space Agency, or any other organization, entity, or element of the Government of the Russian Federation, unless, during the fiscal year in which the extraordinary payments in connection with the International Space Station are to be made, the President has made the determination described in subsection (b), and reported such determination to the Committee on International Relations and the Committee on Science of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate. (b) Determination Regarding Russian Cooperation in Preventing Proliferation to Iran.--The determination referred to in subsection (a) is a determination by the President that-- (1) it is the policy of the Government of the Russian Federation to oppose the proliferation to Iran of weapons of mass destruction and missile systems capable of delivering such weapons; (2) the Government of the Russian Federation (including all law enforcement, export promotion, export control, and intelligence agencies of such government) is taking the necessary steps to prevent the transfer from Russia to Iran of goods, services, and technology useful in the development of weapons of mass destruction and missile systems capable of delivering such weapons; and (3) neither the Russian Space Agency, nor any organization or entity under the jurisdiction or control of the Russian Space Agency, has, during the 1-year period prior to the date of the determination pursuant to this subsection, made transfers to Iran reportable under section 2(a) of this Act (other than transfers with respect to which a determination pursuant to section 5 has been or will be made). (c) Prior Notification.--Not less than 30 days before making a determination under subsection (b), the President shall notify the Committee on International Relations and the Committee on Science of the House of Representatives and the Committee on Foreign Relations and the Committee on Commerce, Science, and Transportation of the Senate of his intention to make such determination. (d) Written Justification.--A determination of the President under subsection (b) and a prior notification under subsection (c) shall include a written justification describing in detail the facts and circumstances supporting the President's conclusion. (e) Submission in Classified Form.--When the President considers it appropriate, a determination of the President under subsection (b), a prior notification under subsection (c), and a written justification under subsection (d), or appropriate parts thereof, may be submitted in classified form. SEC. 7. DEFINITIONS. For purposes of this Act, the following terms have the following meanings: (1) Extraordinary payments in connection with the international space station.--The term ``extraordinary payments in connection with the International Space Station'' means payments in cash or in kind made or to be made by the United States Government-- (A) for work on the International Space Station which the Russian Government pledged at any time to provide at its expense; or (B) for work on the International Space Station, or for the purchase of goods or services relating to human space flight, that are not required to be made under the terms of a contract or other agreement that was in effect on January 1, 1999, as those terms were in effect on such date. (2) Foreign person; person.--The terms ``foreign person'' and ``person'' mean-- (A) a natural person that is an alien; (B) a corporation, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group, that is organized under the laws of a foreign country or has its principal place of business in a foreign country; (C) any foreign governmental entity operating as a business enterprise; and (D) any successor or subsidiary of any entity described in subparagraph (B) or (C). (3) Executive order 12938.--The term ``Executive Order 12938'' means Executive Order 12938 as in effect on January 1, 1999. <all>

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2024-06-24T03:05:44.470814

BILLS-106hr1885ih

International Prescription Drug Parity Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1885 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1885 To amend the Federal Food, Drug, and Cosmetic Act to provide for facilitating the importation into the United States of certain drugs that have been approved by the Food and Drug Administration. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Berry (for himself, Mr. Sanders, Mrs. Emerson, Mr. Rohrabacher, Mr. Abercrombie, and Mr. Lewis of Georgia) introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To amend the Federal Food, Drug, and Cosmetic Act to provide for facilitating the importation into the United States of certain drugs that have been approved by the Food and Drug Administration. 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 ``International Prescription Drug Parity Act''. SEC. 2. FACILITATION OF IMPORTATION OF DRUGS APPROVED BY FOOD AND DRUG ADMINISTRATION. (a) In General.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended-- (1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and (2) by striking ``(d)(1)'' and all that follows through the end of paragraph (2) and inserting the following: ``(d)(1) If a covered drug (as defined in paragraph (3)) is domestically approved and is manufactured in a State and then exported, or is domestically approved and is for commercial distribution manufactured in a foreign establishment registered under section 510, the manufacturer shall, as a condition of maintaining the domestic approval of the drug, comply with the following: ``(A) For each shipment of the drug that is manufactured in compliance with current good manufacturing practice and other standards under section 501, the manufacturer shall maintain a record that identifies the shipment and states the fact of such compliance, without regard to whether the shipment is intended for importation into the United States. ``(B) For each such shipment, the manufacturer shall maintain a record that identifies the shipment and provides the labeling required for the drug pursuant to section 501 and pursuant to the application for domestic approval, without regard to whether the shipment is intended for importation into the United States. ``(C) Upon the request of a person who intends to import into the United States drugs from such shipment (and who meets applicable legal requirements to be an importer of covered drugs), the manufacturer shall provide to the person a copy of each of the records maintained under subparagraphs (A) and (B) with respect to the shipment. ``(2) For the purpose of facilitating the importation into the United States of covered drugs, the Secretary shall by regulation establish the following criteria: ``(A) Criteria regarding the records required in paragraph (1) and the use of the records to demonstrate the domestic approval of the drugs and compliance of the drugs with sections 501 and 502. ``(B) Such criteria regarding the labeling of the drugs as the Secretary determines to be appropriate. ``(C) Criteria regarding the amount of charges that may be imposed by manufacturers of the drugs for maintaining and providing the records specified in subparagraph (A). ``(3) For purposes of this subsection: ``(A) The term `covered drug' means a drug that is described in section 503(b) or is composed wholly or partly of insulin. ``(B) The term `domestically approved', with respect to a drug, means a drug for which an application is approved under section 505, or as applicable, under section 351 of the Public Health Service Act. The term `domestic approval', with respect to a drug, means approval of an application for a drug under such a section.''. (b) Conforming Amendment.--Section 801(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 381(d)) is amended in paragraph (5) (as redesignated by subsection (a)(1) of this section) by striking ``paragraph (3)'' each place such term appears and inserting ``paragraph (4)''. <all>

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2024-06-24T03:05:44.504757

BILLS-106hr1888ih

To amend title 18, United States Code, to provide a mandatory minimum prison sentence for certain wiretapping or electronic surveillance offenses by Federal officers or employees.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1888 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1888 To amend title 18, United States Code, to provide a mandatory minimum prison sentence for certain wiretapping or electronic surveillance offenses by Federal officers or employees. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Goodling introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to provide a mandatory minimum prison sentence for certain wiretapping or electronic surveillance offenses by Federal officers or employees. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2511 of title 18, United States Code, is amended by adding at the end the following: ``(6) If an officer or employee of the Federal Government, acting under color of that office or employment, commits an offense under this section, such officer or employee shall be sentenced to not less than 6 months imprisonment and may be sentenced up to the maximum otherwise provided by law.''. <all>

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2024-06-24T03:05:44.532409

BILLS-106hr1890ih

Federal Acupuncture Coverage Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1890 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1890 To amend title XVIII of the Social Security Act to provide for coverage of qualified acupuncturist services under part B of the Medicare Program, and to amend title 5, United States Code, to provide for coverage of such services under the Federal Employees Health Benefits Program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Hinchey (for himself, Mr. Filner, Mr. Rohrabacher, Mr. Frost, Ms. Pelosi, and Ms. Kilpatrick) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committees on Ways and Means, 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 amend title XVIII of the Social Security Act to provide for coverage of qualified acupuncturist services under part B of the Medicare Program, and to amend title 5, United States Code, to provide for coverage of such services under the Federal Employees Health Benefits 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 ``Federal Acupuncture Coverage Act of 1999''. SEC. 2. COVERAGE OF ACUPUNCTURIST SERVICES UNDER MEDICARE. (a) In General.--Section 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is amended-- (1) by striking ``and'' at the end of subparagraph (S); (2) by striking the period at the end of subparagraph (T) and inserting ``; and''; and (3) by adding at the end the following new subparagraph: ``(U) qualified acupuncturist services (as defined in subsection (uu)); and''. (b) Payment Rules.-- (1) Determination of amount of payment.--Section 1833(a)(1) of such Act (42 U.S.C. 1395l(a)(1)) is amended-- (A) by striking ``and'' before ``(S)'', and (B) by striking the semicolon at the end and inserting the following: ``, and (T) with respect to qualified acupuncturist services described in section 1861(s)(2)(U), the amounts paid shall be the amount determined by a fee schedule established by the Secretary for purposes of this clause (but in no event shall such amount exceed the fee schedule amount provided under section 1848 for the same service performed by a physician);''. (2) Separate payment for services of institutional providers.--Section 1832(a)(2)(B) of such Act (42 U.S.C. 1395k(a)(2)(B)) is amended, in clauses (i) and (ii), by inserting ``and in the case of qualified acupuncturist services furnished at any time'' after ``1999,'' each place it appears. (c) Services Described.--Section 1861 of such Act (42 U.S.C. 1395x) is amended by adding at the end the following new subsection: ``Qualified Acupuncturist Services ``(uu)(1) The term `qualified acupuncturist services' means such services furnished by a qualified acupuncturist (as defined in paragraph (2)) and such services and supplies furnished as an incident to services furnished by the qualified acupuncturist which the qualified acupuncturist is legally authorized to perform under State law (or the State regulatory mechanism provided by State law). ``(2) The term `qualified acupuncturist' means an individual who has been certified, licensed, or registered as an acupuncturist by a State (or the State regulatory mechanism provided by State law).''. (d) Effective Date.--The amendments made by this section apply to services furnished on or after January 1, 2000. SEC. 3. COVERAGE OF ACUPUNCTURIST SERVICES UNDER FEDERAL EMPLOYEES HEALTH BENEFIT PLANS. (a) In General.--Section 8902(k)(1) of title 5, United States Code, is amended by inserting ``acupuncturist,'' after ``nurse midwife,'' each place it appears. (b) Effective Date.--The amendment made by subsection (a) applies with respect to services provided after December 31, 1999. <all>

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2024-06-24T03:05:44.607736

BILLS-106hr1891ih

Savings Advancement and Enhancement (SAVE) Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1891 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1891 To amend the Internal Revenue Code of 1986 to provide a partial exclusion from gross income for dividends and interest received by individuals. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Hulshof (for himself, Mr. Neal of Massachusetts, Mrs. Johnson of Connecticut, Mr. Herger, Mr. Watkins, Mr. English, Mr. Weller, Mr. Price of North Carolina, Mr. Talent, Mr. Kolbe, and Mr. Forbes) 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 partial exclusion from gross income for dividends and interest received by individuals. 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 ``Savings Advancement and Enhancement (SAVE) Act of 1999''. SEC. 2. EXEMPTION OF CERTAIN INTEREST AND DIVIDEND INCOME FROM TAX. (a) In General.--Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to amounts specifically excluded from gross income) is amended by inserting after section 115 the following new section: ``SEC. 116. PARTIAL EXCLUSION OF DIVIDENDS AND INTEREST RECEIVED BY INDIVIDUALS. ``(a) Exclusion From Gross Income.--Gross income does not include dividends and interest received during the taxable year by an individual. ``(b) Limitations.-- ``(1) Maximum amount.--The aggregate amount excluded under subsection (a) for any taxable year shall not exceed $200 ($400 in the case of a joint return). ``(2) Certain dividends excluded.--Subsection (a) shall not apply to any dividend from a corporation which, for the taxable year of the corporation in which the distribution is made, or for the next preceding taxable year of the corporation, is a corporation exempt from tax under section 501 (relating to certain charitable, etc., organization) or section 521 (relating to farmers' cooperative associations). ``(c) Special Rules.--For purposes of this section-- ``(1) Exclusion not to apply to capital gain dividends from regulated investment companies and real estate investment trusts.-- ``For treatment of capital gain dividends, see sections 854(a) and 857(c). ``(2) Certain nonresident aliens ineligible for exclusion.--In the case of a nonresident alien individual, subsection (a) shall apply only-- ``(A) in determining the tax imposed for the taxable year pursuant to section 871(b)(1) and only in respect of dividends and interest which are effectively connected with the conduct of a trade or business within the United States, or ``(B) in determining the tax imposed for the taxable year pursuant to section 877(b). ``(3) Dividends from employee stock ownership plans.-- Subsection (a) shall not apply to any dividend described in section 404(k).''. (b) Conforming Amendments.-- (1)(A) Subparagraph (A) of section 135(c)(4) of such Code is amended by inserting ``116,'' before ``137''. (B) Subsection (d) of section 135 of such Code is amended by redesignating paragraph (4) as paragraph (5) and by inserting after paragraph (3) the following new paragraph: ``(4) Coordination with section 116.--This section shall be applied before section 116.''. (2) Paragraph (2) of section 265(a) of such Code is amended by inserting before the period ``, or to purchase or carry obligations or shares, or to make deposits, to the extent the interest thereon is excludable from gross income under section 116''. (3) Subsection (c) of section 584 of such Code is amended by adding at the end thereof the following new flush sentence: ``The proportionate share of each participant in the amount of dividends or interest received by the common trust fund and to which section 116 applies shall be considered for purposes of such section as having been received by such participant.''. (4) Subsection (a) of section 643 of such Code is amended by redesignating paragraph (7) as paragraph (8) and by inserting after paragraph (6) the following new paragraph: ``(7) Dividends or interest.--There shall be included the amount of any dividends or interest excluded from gross income pursuant to section 116.''. (5) Section 854(a) of such Code is amended by inserting ``section 116 (relating to partial exclusion of dividends and interest received by individuals) and'' after ``For purposes of''. (6) Section 857(c) of such Code is amended to read as follows: ``(c) Restrictions Applicable to Dividends Received From Real Estate Investment Trusts.-- ``(1) Treatment for section 116.--For purposes of section 116 (relating to partial exclusion of dividends and interest received by individuals), a capital gain dividend (as defined in subsection (b)(3)(C)) received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend. ``(2) Treatment for section 243.--For purposes of section 243 (relating to deductions for dividends received by corporations), a dividend received from a real estate investment trust which meets the requirements of this part shall not be considered as a dividend.''. (7) The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 115 the following new item: ``Sec. 116. Partial exclusion of dividends and interest received by individuals.''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. <all>

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2024-06-24T03:05:44.758881

BILLS-106hr1886ih

MSPA Clarification Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1886 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1886 To amend the Migrant and Seasonal Agricultural Worker Protection Act to clarify the application of such Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Canady of Florida, (for himself, Mr. Jenkins, Mr. Hilleary, Mr. Radanovich, Mr. Hastings of Washington, Mr. Nethercutt, Mr. Hoekstra, Mr. Gary Miller of California, Mr. McCollum, Mr. Ehlers, Mr. Goodlatte, Mr. Peterson of Pennsylvania, Mr. Boyd, Mr. Gillmor, Mr. Stearns, Mr. Bishop, Mr. LaHood, Mr. Hastings of Florida, Mr. Herger, Mr. Goode, Mr. Sanford, and Mr. Paul) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To amend the Migrant and Seasonal Agricultural Worker Protection Act to clarify the application of such Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND REFERENCE. (a) Short Title.--This Act may be cited as the ``MSPA Clarification Act of 1999''. (b) Reference.--Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Migrant and Seasonal Agricultural Worker Protection Act. SEC. 2. FAMILY BUSINESS EXEMPTION. Section 4(a)(1) (29 U.S.C. 1803(a)(1)) is amended by inserting before the period the following: ``, such individual's employees choose to work for another person on their free time, such individual used a State employment service agency to obtain employees, or such individual obtained referrals for employment from the other migrant or seasonal agricultural employees''. SEC. 3. FARM LABOR CONTRACTOR. Section 3(6) (29 U.S.C. 1802(6)) is amended by inserting at the end the following: ``Such term does not include a migrant or seasonal agricultural worker who voluntarily enters into carpool arrangements or who is directed or requested to do so by a person pursuant to Federal, State, or local law. SEC. 4. INSPECTIONS. Part A of title V is amended by adding at the end the following: ``investigations ``Sec. 507. No investigation by entry onto a place of agricultural employment may be made under this Act to determine if a person violated this Act unless a conference is first held with such person to inform such person of the purpose of the investigation and a conference is held with such person at the end of the investigation to inform such person of the results of the investigation.''. SEC. 5. VIOLATION CORRECTIONS. (a) Administrative Sanctions.--Section 503(a)(1) (29 U.S.C. 1853(a)(1)) is amended by adding at the end the following: ``If an agricultural employer, agricultural association, or farm labor contractor corrects a violation of this Act or a regulation under this Act within 10 working days of the date on which a citation for such violation has been served upon such employer, association, or contractor, no civil money penalty shall be imposed on such person for such violation. Such correction of a violation shall be allowed only where such agricultural employer, agricultural association, or farm labor contractor has not previously been finally adjudicated to have violated the same section of this Act or section of the regulations under this Act as is specified in the citation and the prior violation occurred after the date this sentence takes effect.''. (b) Private Right of Action.--Section 504(a) (29 U.S.C. 1854(a)) is amended by adding at the end the following: ``If an agricultural employer, agricultural association, or farm labor contractor corrects a violation of this Act or regulation under this Act within 10 working days of the date on which the agricultural employer, agricultural association, or farm labor contractor was notified in writing of such violation, no action, including a complaint, may be brought under this subsection with respect to such violation. Such correction of a violation shall be allowed only where such agricultural employer, agricultural association, or farm labor contractor has not previously been finally adjudicated to have violated the same section of this Act or section of the regulations under this Act as is specified in the written notification alleging the violation and the prior violation occurred after the date this sentence takes effect.''. SEC. 6. REGULATION OF HOUSING. Section 203 (29 U.S.C. 1823) is amended by adding at the end the following: ``(d) Approved Housing.--Any farm worker housing which is regulated and approved for health and safety by a Federal or State agency shall not be subject to regulation under this section. ``(e) Liability.--Subsection (a) of section 203 (29 U.S.C. 1823) is amended by adding at the end the following: ``A person who owns or controls a facility for housing migrant agricultural workers shall not be held liable under this subsection for housing conditions which are caused by or are within the responsibility of the housed migrant workers.''. SEC. 7. JOINT EMPLOYMENT. Sections 522, 523, and 524 (29 U.S.C. 1872, 1801 note) are redesignated as sections 523, 524, and 525, respectively, and the following new section is inserted after section 521: ``joint employment ``Sec. 522. (a) In determining if an agricultural employer, agricultural association, or farm labor contractor jointly employs any migrant or seasonal agricultural worker, only each of the following factors shall be taken into account-- ``(1) the nature and degree of control of the workers, ``(2) the degree of supervision, direct or indirect, of the work, ``(3) the power to determine the pay rates or the methods of payment of the workers, ``(4) the right, directly or indirectly, to hire, fire, or modify the employment conditions of the workers, and ``(5) preparation of payroll and the payment of wages. In the case of joint responsibility for housing of migrant agricultural workers, who owns or controls the housing shall be taken into account. In the case of joint responsibility for transportation of migrant and seasonal agricultural workers, who owns or directs the transportation to be utilized shall be taken into account. A person shall not be considered jointly responsible for transportation of migrant or seasonal agricultural workers because that person participates in, or directs or requests such agricultural workers to enter into carpooling arrangements pursuant to the requirements of Federal, State, or local law. ``(b) Joint employment or joint responsibility between an agricultural employer and an agricultural association or farm labor contractor may not be presumed. Before making a determination of joint employment or joint responsibility and the imposition of the requirements of this Act or the issuance of a penalty, the agricultural employer, the agricultural association, and farm labor contractor shall be provided with a written determination of joint employment or joint responsibility with the reasons therefor. For purposes of this subsection, joint responsibility is not established through a joint employment analysis.''. SEC. 8. CONFIRMATION OF REGISTRATION. Section 402 (29 U.S.C. 1842) is amended by adding at the end the following: ``Notwithstanding the foregoing, where a person is a farm labor contractor solely because that person, for any money or other valuable consideration paid or promised to be paid, engages in transporting any migrant or seasonal agricultural worker, an agricultural employer or agricultural association employing any such migrant or seasonal agricultural worker shall be required to take such reasonable steps only where such agricultural employer or agricultural association had actual knowledge that such transportation was not a carpooling arrangement among the workers themselves.''. SEC. 9. DEFINITIONS. (a) Definition of Migrant Agricultural Worker.--Section 3(8)(B) (29 U.S.C. 1802(8)(B)) is amended by striking ``or'' at the end of clause (i), by striking the period at the end of clause (ii) and inserting ``; or'', and by adding at the end the following: ``(iii) any individual who is employed by a specific agricultural employer or association on a year-round basis.''. (b) Definition of Seasonal Agricultural Worker.--Section 3(10)(B) (29 U.S.C. 1802(10)(B)) is amended by striking ``or'' at the end of clause (ii), by striking the period at the end of clause (iii) and inserting ``; or'', and by adding at the end the following: ``(iv) any individual who is employed by a specific agricultural employer or association on a year-round basis.''. SEC. 10. MOTOR VEHICLE SAFETY INSURANCE REQUIREMENTS. Section 401(b) (29 U.S.C. 1841(b)) is amended by amending paragraph (3) to read as follows: ``(3) The level of insurance required under paragraph (1)(C) shall be determined by the applicable transportation requirements under State law.''. SEC. 11. STATUTE OF LIMITATIONS. (a) Section 503.--Section 503(a)(1) (29 U.S.C. 1853(a)(1)) is amended by inserting ``within 2 years of the date of such violation'' after ``assessed''. (b) Section 504.--Section 504(a) (29 U.S.C. 1854) is amended by inserting ``within 2 years of the date of such violation'' after ``suit''. <all>

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2024-06-24T03:05:44.777113

BILLS-106hr1894ih

To provide that a plaque be placed at the diplomatic entrance of the Department of State.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1894 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1894 To provide that a plaque be placed at the diplomatic entrance of the Department of State. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Leach introduced the following bill; which was referred to the Committee on International Relations _______________________________________________________________________ A BILL To provide that a plaque be placed at the diplomatic entrance of the Department of State. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. PLACEMENT OF PLAQUE AT THE DEPARTMENT OF STATE. The Secretary of State shall cause to be placed at the diplomatic entrance of the Department of State a plaque containing the following text: ``principles for prudent diplomacy ``(1) Good intentions are a necessary but insufficient grounds for action; consequences and costs must be taken into consideration before policies are put into effect. ``(2) Intervention in civil wars seldom works. ``(3) Hubris is a hallmark of all politics; it is always dangerous. ``(4) Moralizing is no substitute for acting morally; while nothing is more compelling than a good example, little is more resented than gratuitous lecturing. ``(5) Trade embargoes tend to be counter-productive. ``(6) Great powers don't need to threaten; the greater the power, the more cautious should be its application. ``(7) Power can be illusory; many conflicts do not yield to its application. ``(8) Beware of domino decisionmaking processes which prevent changes in strategy when initial judgments prove frail. ``(9) Never fail to put yourself in an adversary's shoes; leaving an opponent without an exit reduces options for both sides. ``(10) Nationalism is a force which policy makers habitually underestimate. ``(11) There are more similarities than differences in religions of the world, but dissimilarities become accentuated in the way religion mixes with politics in various cultures. ``(12) Policies which lack support of the American people are unsustainable. ``(13) Great causes may necessitate great sacrifice, but force should be the last resort; peace is preferable to war.''. <all>

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2024-06-24T03:05:44.897515

BILLS-106hr1895ih

School Anti-Violence Empowerment Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1895 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1895 To develop programs that enhance school safety for our children. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Menendez (for himself, Mr. Bonior, Mr. Frost, Mr. Levin, Mr. Etheridge, Mr. Wise, Ms. Jackson-Lee of Texas, Ms. Carson, Ms. Hooley of Oregon, Mr. Berman, Mr. Strickland, Mr. Reyes, Mr. Baldacci, Mr. McGovern, Mr. McDermott, Mr. Delahunt, Mr. Rothman, Mr. Holt, Mr. Hinojosa, Mr. Gutierrez, Mr. DeFazio, Mr. Scott, Mr. Wynn, Mr. Waxman, Ms. Lee, Mrs. Thurman, Mr. Weygand, Ms. Woolsey, and Mr. Davis of Florida) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on 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 develop programs that enhance school safety for our children. 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 Anti-Violence Empowerment Act''. TITLE I--SCHOOL SAFETY PROGRAMS SEC. 101. PROGRAM AUTHORIZED. The Secretary of Education is authorized to provide grants to local educational agencies to establish or enhance crisis intervention programs, including the hiring of school counselors and to enhance school safety programs for students, staff, and school facilities. SEC. 102. GRANT AWARDS. (a) Local Awards.--The Secretary shall award grants to local educational agencies on a competitive basis. (b) Grant Programs.--From the amounts appropriated under section 106, the Secretary shall reserve-- (1) 50 percent of such amount to award grants to local educational agencies to hire school counselors; and (2) 50 percent of such amount to award grants to local educational agencies to enhance school safety programs for students, staff, and school facilities. (c) Priority.--Such awards shall be based on one or more of the following factors: (1) Quality of existing or proposed violence prevention program. (2) Greatest need for crisis intervention counseling services. (3) Documented financial need based on number of students served under part A of title I of the Elementary and Secondary Education Act of 1965. (d) Equitable Distribution.--In awarding grants under this title, the Secretary shall ensure, to the extent practicable, an equitable geographic distribution among the regions of the United States and among urban, suburban, and rural areas. (e) Administrative Costs.--The Secretary may reserve not more than 1 percent from amounts appropriated under section 106 for administrative costs. (f) Eligibility.--A local educational agency that meets the requirements of this title shall be eligible to receive a grant to hire school counselors and a grant to enhance school safety programs for students, staff, and school facilities. SEC. 103. APPLICATIONS. (a) In General.--Each local educational agency desiring a grant under this title shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require. (b) Contents.--Such application shall include a plan that contains the following: (1) In the case of a local educational agency applying for a grant to enhance school safety programs-- (A) a description of any existing violence prevention, safety, and crisis intervention programs; (B) proposed changes to any such programs and a description of any new programs; and (C) documentation regarding financial need. (2) In the case of a local educational agency applying for a grant to hire school counselors-- (A) a description of the need for a crisis intervention counseling program; and (B) documentation regarding financial need. SEC. 104. REPORTING. Each local educational agency that receives a grant under this title shall provide an annual report to the Secretary. In the case of a local educational agency that receives a grant to enhance school safety programs, such report shall describe how such agency used funds provided under this title and include a description of new school safety measures and changes implemented to existing violence prevention, safety, and crisis intervention programs. In the case of a local educational agency that receives a grant to hire school counselors, such report shall describe how such agency used funds provided under this title and include the number of school counselors hired with such funds. SEC. 105. DEFINITIONS. For purposes of this title: (1) The terms ``elementary school'', ``local educational agency'', and ``secondary school'' have the same meanings given the terms in section 14101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801). (2) The term ``school counselor'' means an individual who has documented competence in counseling children and adolescents in a school setting and who-- (A) possesses State licensure or certification granted by an independent professional regulatory authority; (B) in the absence of such State licensure or certification, possesses national certification in school counseling or a specialty of counseling granted by an independent professional organization; or (C) holds a minimum of a master's degree in school counseling from a program accredited by the Council for Accreditation of Counseling and Related Educational Programs or the equivalent. (3) The term ``Secretary'' means the Secretary of Education. (4) the term ``school safety'' means the safety of students, faculty, and school facilities from acts of violence. SEC. 106. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this title $700,000,000 for each of fiscal years 2000 through 2004. TITLE II--INCREASED COPS FUNDING SEC. 201. INCREASED FUNDING FOR THE COPS PROGRAM. Section 1001(a)(11) of part J of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(11)) is amended by adding at the end the following: ``(C) In addition to amounts made available under subparagraph (A), there are authorized to be appropriated to carry out part Q, to remain available until expended, the total amount of $1,500,000,000 for fiscal years 2000 through 2004, of which 50 percent shall be used for cooperative partnerships between schools and State and local police departments to provide for the use of police officers in schools.''. SEC. 202. GRANT AUTHORITY. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd) is amended-- (1) in subsection (i), by striking the second sentence; and (2) by striking subsection (k). TITLE III--21ST CENTURY LEARNING SEC. 301. AFTER-SCHOOL AND LIFE SKILLS PROGRAMS FOR AT-RISK YOUTH. Section 10907 of part I of title X of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8247) is amended by striking ``appropriated'' and all that follows before the period and inserting the following: ``appropriated to carry out this part-- ``(1) such sums as may be necessary for fiscal year 1999; and ``(2) $250,000,000 for each of fiscal years 2000 through 2004''. TITLE IV--MODEL PROGRAM AND CLEARINGHOUSE SEC. 401. MODEL PROGRAM. Not later than 120 days after the date of the enactment of this Act, the Secretary of Education, in consultation with the Attorney General, shall develop a model violence prevention program to be made available to local educational agencies. SEC. 402. CLEARINGHOUSE. The Secretary of Education shall establish and maintain a national clearinghouse to provide technical assistance regarding the establishment and operation of alternative violence prevention programs. The national clearinghouse shall make information regarding alternative violence prevention programs available to local educational agencies. <all>

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2024-06-24T03:05:45.003154

BILLS-106hr1892ih

To amend the Internal Revenue Code of 1986 to provide assistance to homeowners and small businesses to repair Formosan termite damage.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1892 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1892 To amend the Internal Revenue Code of 1986 to provide assistance to homeowners and small businesses to repair Formosan termite damage. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Jefferson (for himself, Mr. Baker, Mr. Tauzin, Mr. McCrery, Mr. John, Mr. Cooksey, and Mrs. Meek of Florida) 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 assistance to homeowners and small businesses to repair Formosan termite damage. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DEDUCTION FOR INDIVIDUALS FOR LOSSES CAUSED BY FORMOSAN TERMITE DAMAGE. (a) Inclusion of Formosan Termite Damage as Casualty Loss.--Section 165(c)(3) of the Internal Revenue Code of 1986 (relating to limitation of deduction of losses of individuals) is amended by inserting ``Formosan termite damage,'' after ``shipwreck,''. (b) Effective Date.--The amendment made by subsection (a) shall apply to taxable years beginning after December 31, 1999. SEC. 2. PROCEEDS OF MORTGAGE REVENUE BONDS ALLOWED FOR LOANS TO HOMEOWNERS TO REPAIR FORMOSAN TERMITE DAMAGE. (a) In General.--Section 143(f) of the Internal Revenue Code of 1986 (relating to income requirements) is amended by adding at the end the following new paragraph: ``(7) Exception for qualified home improvement loans.-- Paragraph (1) shall not apply with respect to any qualified home improvement loan used for the repair of Formosan termite damage.''. (b) Amounts up to $10,000 Used for Termite Repair Not Included in Calculating Limit for Home Improvement Loan.--Paragraph (4) of section 143(k) of such Code (defining qualified home improvement loan) is amended by adding at the end the following flush sentence: ``In calculating the $15,000 amount, any amount up to $10,000 used for the repair of Formosan termite damage shall not be taken into account.''. (c) Effective Date.--The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act. SEC. 3. PROCEEDS OF SMALL ISSUE BONDS ALLOWED FOR LOANS TO LANDLORDS AND SMALL BUSINESSES TO REPAIR FORMOSAN TERMITE DAMAGE. (a) In General.--Subparagraph (B) of section 144(a)(12) of the Internal Revenue Code of 1986 (relating to bonds to finance manufacturing facilities and farm property) is amended by striking ``or'' at the end of clause (i), by striking the period and inserting ``, or'' at the end of clause (ii), and by adding at the end the following new clause: ``(iii) any Formosan termite damage repair loan.''. (b) Definition of Formosan Termite Damage Repair Loan.--Section 144(a)(12) of such Code is amended by adding at the end the following new subparagraph: ``(D) Formosan termite damage repair loan.--For purposes of this paragraph-- ``(i) In general.--The term `Formosan termite damage repair loan' means the financing of repairs on or in connection with residential rental property or property used by a small business by the owner thereof, for damage caused by Formosan termites. ``(ii) Small businesses covered.--The term `small business' means, for any taxable year, any corporation or partnership if the entity meets the $5,000,000 gross receipts test of section 448(c) for the prior taxable year.''. (c) Amounts Used in Formosan Termite Repair Not Included in Calculating Limit on Amount of Bond.--Clause (i) of section 144(a)(4)(C) of such Code (relating to certain capital expenditures not taken into account) is amended by inserting ``Formosan termite damage,'' after ``storm,''. (d) Effective Date.--The amendment made by subsection (a) shall apply to bonds issued after the date of the enactment of this Act. SEC. 4. EXCEPTION FROM VOLUME CAP FOR PRIVATE ACTIVITY BONDS USED TO REPAIR FORMOSAN TERMITE DAMAGE. (a) Exception From Volume Cap.--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 a comma, and by adding after paragraph (4) the following new paragraphs: ``(5) any qualified mortgage bond if 95 percent or more of the net proceeds of the bond are to be used to provide home improvement loans for the repair of Formosan termite damage, and ``(6) any qualified small issue bond if 95 percent or more of the net proceeds of the bond are to be used to provide Formosan termite damage repair loans (as defined in section 144(a)(12)(D)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply to bonds issued after the date of the enactment of this Act. SEC. 5. EXEMPTION OF CERTAIN BONDS USED TO REPAIR FORMOSAN TERMITE DAMAGE FROM RESTRICTIONS ON DEDUCTION BY FINANCIAL INSTITUTIONS FOR INTEREST. (a) In General.--Clause (ii) of section 265(b)(3)(B) of the Internal Revenue Code of 1986 (defining qualified tax-exempt obligations) is amended by striking ``or'' at the end of subclause (I), by redesignating subclause (II) as subclause (IV), and by inserting after subclause (I) the following new subclauses: ``(II) any qualified mortgage bond if 95 percent or more of the net proceeds of the bond are to be used to provide home improvement loans for the repair of Formosan termite damage, ``(III) any qualified small issue bond if 95 percent or more of the net proceeds of the bond are to be used to provide Formosan termite damage repair loans (as defined in section 144(a)(12)(D)), or''. (b) Effective Date.--The amendment made by subsection (a) shall apply to bonds issued after the date of the enactment of this Act. <all>

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2024-06-24T03:05:45.062980

BILLS-106hr1893ih

To amend title 10, United States Code, to provide that certain individuals who would be eligible for military retired pay for nonregular service but for the fact that they did not serve on active duty during a period of conflict may be paid such retired pay if they served in the United States merchant marine during or immediately after World War II.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1893 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1893 To amend title 10, United States Code, to provide that certain individuals who would be eligible for military retired pay for nonregular service but for the fact that they did not serve on active duty during a period of conflict may be paid such retired pay if they served in the United States merchant marine during or immediately after World War II. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Lantos (for himself and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To amend title 10, United States Code, to provide that certain individuals who would be eligible for military retired pay for nonregular service but for the fact that they did not serve on active duty during a period of conflict may be paid such retired pay if they served in the United States merchant marine during or immediately after World War II. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. REMOVAL OF LIMITATION ON PAYMENT OF MILITARY RETIRED PAY FOR CERTAIN PERSONS WHO SERVED IN THE MERCHANT MARINE. (a) Removal of Limitation.--Section 12731(c)(1) of title 10, United States Code, is amended-- (1) by striking out ``or'' at the end of subparagraph (A); (2) by striking out the period at the end of subparagraph (B) and inserting in lieu thereof ``; or''; and (3) by adding at the end the following: ``(C) the person served in the United States merchant marine after May 26, 1940, and before January 1, 1948-- ``(i) while documented by an officer or employee of the United States authorized by law to do so; and ``(ii) as a crew member of a vessel which at the time of that service-- ``(I) was documented in the United States; ``(II) was operated under the flag of the United States in waters other than inland waters of the United States; and ``(III) was under contract or charter to, or was the property of, the Government of the United States.''. (b) Lump Sum Payment of Accrued Retired Pay.--The Secretary concerned (as defined in section 101 of title 10, United States Code) shall, within 60 days after the date of the enactment of this Act, make a lump sum payment to each person eligible for military retired pay under chapter 1223 of title 10, United States Code, by reason of the amendments made by subsection (a). Such payment shall be in the amount equal to the total amount of retired pay that the person would have received before the date of the first payment to that person pursuant to those amendments if those amendments had been in effect on the date that the person became 60 years of age. <all>

usgpo

2024-06-24T03:05:45.123713

BILLS-106hr1896ih

To designate the Republic of Korea as a visa waiver pilot program country for one year under the Immigration and Nationality Act.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1896 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1896 To designate the Republic of Korea as a visa waiver pilot program country for one year under the Immigration and Nationality Act. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Gary Miller of California (for himself, Mr. Hall of Ohio, Mr. Jefferson, Mr. Ehrlich, Ms. Kilpatrick, Mr. Abercrombie, Mr. Frank of Massachusetts, and Mr. Smith of New Jersey) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To designate the Republic of Korea as a visa waiver pilot program country for one year under the Immigration and Nationality Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. CONGRESSIONAL FINDINGS. The Congress makes the following findings: (1) The Republic of Korea and the United States have close historical and military ties. (2) The Republic of Korea has been designated as a major non-NATO ally. (3) The Republic of Korea is the ninth largest trading partner of the United States. (4) There is increasing demand by citizens of the Republic of Korea to visit the United States, with an increased demand for nonimmigrant visas from a 1982 total of 800 to a 1995 total of over 2,000 applications per day. (5) During calendar year 1995, a total of 592,000 Korean citizens visited the United States, an increase of 19 percent over calendar year 1994. (6) According to the United States Department of Commerce, overall tourism dollars spent in the United States by tourists from the Republic of Korea exceeded $680,000,000 in fiscal year 1993. (7) According to the United States Census Bureau, in 1995 the United States exported goods valued at $25,379,874,000 to the Republic of Korea, and imported goods valued at $24,183,941,000 from the Republic of Korea, a trade surplus of nearly $1,200,000,000. (8) Currently all potential Republic of Korea travelers seeking to obtain a travel visa to the United States must apply at the United States Embassy in Seoul, regardless of their place of residence in the Republic of Korea. (9) The United States consular affairs office at the United States Embassy in Seoul has not been able to meet the growing demand for nonimmigrant visas to the United States due to lack of space and personnel, resulting in unnecessary delays, frustration, and loss of economic opportunity for the United States. (10) During the past several years numerous press reports and media stories have centered around the growing dissatisfaction of the South Korean people in relation to such delays and the lack of adequate protection against the natural elements. (11) The Republic of Korea has a unique place of importance with respect to the United States under the provisions of the United States-North Korea Agreed Framework. SEC. 2. DESIGNATION OF THE REPUBLIC OF KOREA AS A VISA WAIVER PILOT PROGRAM COUNTRY. (a) In General.--Notwithstanding any other provision of law, beginning 60 days after date of enactment of this Act, the Republic of Korea shall be designated for one year as a visa waiver pilot program country for the purposes of section 217 of the Immigration and Nationality Act. (b) Authority To Designate.--Notwithstanding any other provision of law, the requirements for designation of a country under section 217 of the Immigration and Nationality Act shall not apply to any designation of the Republic of Korea as a visa waiver pilot program country under such section. (c) Report Requirements.--No later than one year after the date of enactment of this Act, the Secretary of State and the Attorney General shall compile and submit to Congress a report evaluating the visa waiver pilot program country designation under subsection (a) and the qualifications of the Republic of Korea for designation under the provisions of section 217 of the Immigration and Nationality Act. <all>

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2024-06-24T03:05:45.171008

BILLS-106hr1899ih

Health Care Worker Needlestick Prevention Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1899 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1899 To require the Secretary of Labor to issue regulations to eliminate or minimize the significant risk of needlestick injury to health care workers. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Stark (for himself, Mrs. Roukema, Mr. George Miller of California, and Mr. Andrews) introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Commerce, 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 require the Secretary of Labor to issue regulations to eliminate or minimize the significant risk of needlestick injury to health care workers. 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 Worker Needlestick Prevention Act''. SEC. 2. REQUIREMENTS. (a) Bloodborne Pathogens Standard.-- (1) In general.--Except as provided in paragraph (2), the Secretary of Labor, acting through the Occupational Safety and Health Administration, shall amend the bloodborne pathogens standard to require that-- (A) employers utilize needleless systems and sharps with engineered sharps injury protections in their work sites to prevent the spread of bloodborne pathogens; and (B) to assist employers in meeting the requirement of subparagraph (A), non-managerial direct care health care workers of employers participate in the identification and evaluation of needleless systems and sharps with engineered sharps injury protections. (2) Exception.--The bloodborne pathogens standard requirements of paragraph (1) shall apply to any employer, except where the employer demonstrates, to the Secretary's satisfaction, that-- (A) there are circumstances in the employer's work facility in which the needleless systems and sharps with engineered sharps injury protections do not promote employee safety, interfere with patient safety, or interfere with the success of a medical procedure; or (B) the needleless systems and sharps with engineered sharps injury protections required are not commercially available to the employer. (b) Standard Content.--For carrying out the requirement of subsection (a)(1) for needleless systems and sharps with engineered sharps injury protections, the amendment required by subsection (a) shall include the following: (1) Exposure control plan.--The employer shall include in their exposure control plan an effective procedure for identifying and selecting existing needleless systems and sharps with engineered sharps injury protections and other methods of preventing bloodborne pathogens exposure. (2) Sharps injury log.--In addition to the recording of all injuries from contaminated sharps on the OSHA Occupational Injuries and Illnesses 200 log or its equivalent, the employer shall maintain a separate contaminated sharps injury log containing the following information (to the extent such information is known to the employer) with regard to each exposure incident: (A) Date and time of the exposure incident. (B) Type and brand of sharp involved in the exposure incident. (C) Description of the exposure incident which shall include-- (i) job classification of the exposed employee; (ii) department or work area where the exposure incident occurred; (iii) the procedure that the exposed employee was performing at the time of the incident; (iv) how the incident occurred; (v) the body part involved in the exposure incident; (vi) if the sharp had engineered sharps injury protections-- (I) whether the protective mechanism was activated, and whether the injury occurred before the protective mechanism was activated, during activation of the mechanism, or after activation of the mechanism, if applicable; and (II) whether the employee received training on how to use the device before use, and a brief description of the training; (vii) if the sharp had no engineered sharps injury protections, the injured employee's opinion as to whether and how such a mechanism could have prevented the injury, as well as the basis for the opinion; and (viii) the employee's opinion about whether any other engineering, administrative, or work practice control could have prevented the injury as well as the basis for the opinion. (3) Training.--A requirement that all direct care health care workers shall be provided adequate training on the use of all needleless systems and sharps with engineered sharps injury protections which they may be required to use. SEC. 3. NATIONAL CLEARINGHOUSE ON SAFER NEEDLE TECHNOLOGY. (a) In General.--The Director of the National Institute for Occupational Safety and Health shall establish and maintain a national database on existing needleless systems and sharps with engineered sharps injury protections. (b) Evaluation Criteria.--The Director shall develop a set of evaluation criteria for use by employers, employees, and other persons when they are evaluating and selecting needleless systems and sharps with engineered sharps injury protections. (c) Training.--The Director shall develop a model training curriculum to train employers, employees, and other persons on the process of evaluating needleless systems and sharps with engineered sharps injury protections and shall (to the extent feasible) provide technical assistance to persons who request such assistance. (d) Monitoring.--The Director shall establish a national system to collect comprehensive data on needlestick injuries to healthcare workers, including data on mechanisms to analyze and evaluate prevention interventions in relation to needlestick injury occurrence. In carrying out its duties under this subsection, the National Institute for Occupational Safety and Health shall have access to information recorded by employers on the sharps injury log as required by section 2(b)(2). (e) Authorization.--There is authorized to be appropriated $15,000,000 to the National Institute of Occupational Safety and Health to carry out the requirements of this section. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Bloodborne pathogens.--The term ``bloodborne pathogens'' means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include hepatitis B virus, hepatitis C virus, and human immunodeficiency virus. (2) Contaminated.--The term ``contaminated'' means the presence or the reasonably anticipated presence of blood or other potentially infectious materials on an item or surface. (3) Direct care health care worker.--The term ``direct care health care worker'' means an employee responsible for direct patient care with potential occupational exposure to sharps related injuries. (4) Employer.--The term ``employer'' means each employer having an employee with occupational exposure to human blood or other material potentially containing bloodborne pathogens. (5) Engineered sharps injury protections.--The term ``engineered sharps injury protections'' means-- (A) a physical attribute built into a needle device used for withdrawing body fluids, accessing a vein or artery, or administering medications or other fluids, that effectively reduces the risk of an exposure incident by a mechanism such as barrier creation, blunting, encapsulation, withdrawal, retraction, destruction, or other effective mechanisms; or (B) a physical attribute built into any other type of needle device, or into a nonneedle sharp, which effectively reduces the risk of an exposure incident. (6) Needleless system.--The term ``needleless system'' means a device that does not use needles for-- (A) the withdrawal of body fluids after initial venous or arterial access is established; (B) the administration of medication or fluids; and (C) any other procedure involving the potential for an exposure incident. (7) Sharp.--The term ``sharp'' means any object used or encountered in a health care setting that can be reasonably anticipated to penetrate the skin or any other part of the body, and to result in an exposure incident, including, but not limited to, needle devices, scalpels, lancets, broken glass, broken capillary tubes, exposed ends of dental wires and dental knives, drills, and burs. (8) Sharps injury.--The term ``sharps injury'' means any injury caused by a sharp, including cuts, abrasions, or needlesticks. (9) Sharps injury log.--The term ``sharps injury log'' means a written or electronic record satisfying the requirements of section 2(b)(2). SEC. 5. APPLICATION TO MEDICARE HOSPITALS. The Secretary of Health and Human Services shall provide by regulation that, as a condition of participation under the medicare program under title XVIII of the Social Security Act of a hospital that is not otherwise subject to the bloodborne pathogens standard amended under section 2(a) because it is exempt from regulation by the Occupational Safety and Health Administration, the hospital shall comply with the bloodborne pathogen standard amended under section 2(a) with respect to any employees of the hospital, effective at the same time as such amended standard would have applied to the hospital if it had not been so exempt. SEC. 6. EFFECTIVE DATE. This Act shall become effective upon the date of its enactment, except that the Secretary of Labor shall take the action required by section 2 within one year of such date. <all>

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2024-06-24T03:05:45.179854

BILLS-106hr1898ih

School Safety Enhancement Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1898 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1898 To provide for school safety, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Ms. Stabenow introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committee on 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 school safety, 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 ``School Safety Enhancement Act of 1999''. SEC. 2. FINDINGS. Congress makes the following findings: (1) While our Nation's schools are still relatively safe, it is imperative that schools be provided with adequate resources to prevent incidents of violence. (2) Approximately 10 percent of all public schools reported at least 1 serious violent crime to a law enforcement agency over the course of the 1996-1997 school year. (3) In 1996, approximately 225,000 students between the ages of 12 and 18 were victims of nonfatal violent crime in schools in the United States. (4) From 1992 through 1994, 76 students and 29 non-students were victims of murders or suicides that were committed in schools in the United States. (5) The school violence incidents in several States across the Nation in 1998 and 1999 caused enormous damage to schools, families, and whole communities. (6) Because of escalating school violence, the children of the United States are increasingly afraid that they will be attacked or harmed at school. (7) A report issued by the Department of Education in August, 1998, entitled ``Early Warning, Early Response'' concluded that the reduction and prevention of school violence is best achieved through safety plans which involve the entire community, policies which emphasize both prevention and intervention, training school personnel, parents, students, and community members to recognize the early warning signs of potential violent behavior and to share their concerns or observations with trained personnel, establishing procedures which allow rapid response and intervention when early warning signs of violent behavior are identified, and providing adequate support and access to services for troubled students. SEC. 3. NATIONAL CENTER FOR SCHOOL AND YOUTH SAFETY. (a) Establishment.--The Secretary of Education and the Attorney General shall jointly establish a National Center for School and Youth Safety (in this section referred to as the ``Center''). The Secretary of Education and the Attorney General may establish the Center at an existing facility, if the facility has a history of performing two or more of the duties described in subsection (b). The Secretary of Education and the Attorney General shall jointly appoint a Director of the Center to oversee the operation of the Center. (b) Duties.--The Center shall carry out emergency response, anonymous student hotline, consultation, and information and outreach activities with respect to elementary and secondary school safety, including the following: (1) Emergency response.--The staff of the Center, and such temporary contract employees as the Director of the Center shall determine necessary, shall offer emergency assistance to local communities to respond to school safety crises. Such assistance shall include counseling for victims and the community, assistance to law enforcement to address short-term security concerns, and advice on how to enhance school safety, prevent future incidents, and respond to future incidents. (2) Anonymous student hotline.--The Center shall establish a toll-free telephone number for students to report criminal activity, threats of criminal activity, and other high-risk behaviors such as substance abuse, gang or cult affiliation, depression, or other warning signs of potentially violent behavior. The Center shall relay the reports, without attribution, to local law enforcement or appropriate school hotlines. The Director of the Center shall work with the Attorney General to establish guidelines for Center staff to work with law enforcement around the Nation to relay information reported through the hotline. (3) Consultation.--The Center shall establish a toll-free number for the public to contact staff of the Center for consultation regarding school safety. The Director of the Center shall hire administrative staff and individuals with expertise in enhancing school safety, including individuals with backgrounds in counseling and psychology, education, law enforcement and criminal justice, and community development to assist in the consultation. (4) Information and outreach.--The Center shall compile information about the best practices in school violence prevention, intervention, and crisis management, and shall serve as a clearinghouse for model school safety program information. The staff of the Center shall work to ensure local governments, school officials, parents, students, and law enforcement officials and agencies are aware of the resources, grants, and expertise available to enhance school safety and prevent school crime. The staff of the Center shall give special attention to providing outreach to rural and impoverished communities. SEC. 4. SAFE COMMUNITIES, SAFE SCHOOLS. (a) Grants Authorized.--The Secretary of Education, the Secretary of Health and Human Services, and the Attorney General may award grants, on a competitive basis, to help communities develop community- wide safety programs involving students, parents, educators, guidance counselors, psychologists, law enforcement officials or agencies, civic leaders, and other organizations serving the community. (b) Authorized Activities.--Funds provided to carry out this Act may be used for activities that may include efforts to-- (1) increase early intervention strategies; (2) expand parental involvement; (3) increase students' awareness of warning signs of violent behavior; (4) promote students' responsibility to report the warning signs to appropriate persons; (5) promote conflict resolution and peer mediation programs; (6) increase the number of after-school programs; (7) expand the use of safety-related equipment and technology; and (8) expand students' access to mental health services. SEC. 5. AMENDMENTS TO THE NATIONAL CHILD PROTECTION ACT OF 1993. Section 5(10) of the National Child Protection Act of 1993 (42 U.S.C. 5119c(10)) is amended to read as follows: ``(10) the term `qualified entity' means-- ``(A) a business or organization, whether public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement services, including a business or organization that licenses or certifies others to provide care or care placement services; or ``(B) an elementary or secondary school.''. <all>

usgpo

2024-06-24T03:05:45.391062

BILLS-106hr1901ih

To designate the United States border station located in Pharr, Texas, as the ``Kika de la Garza United States Border Station''.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1901 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1901 To designate the United States border station located in Pharr, Texas, as the ``Kika de la Garza United States Border Station''. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Traficant introduced the following bill; which was referred to the Committee on Transportation and Infrastructure _______________________________________________________________________ A BILL To designate the United States border station located in Pharr, Texas, as the ``Kika de la Garza United States Border Station''. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. DESIGNATION. The United States border station located in Pharr, Texas, shall be known and designated as the ``Kika de la Garza United States Border Station''. SEC. 2. REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the border station referred to in section 1 shall be deemed to be a reference to the ``Kika de la Garza United States Border Station''. <all>

usgpo

2024-06-24T03:05:45.440515

BILLS-106hr1897ih

Retirement Security Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1897 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1897 To provide for the establishment and maintenance of personal Social Security investment accounts under the Social Security system. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Petri introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To provide for the establishment and maintenance of personal Social Security investment accounts under the Social Security system. 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 ``Retirement Security Act of 1999''. SEC. 2. INDIVIDUAL RETIREMENT INVESTMENT PROGRAM AND PERSONAL SOCIAL SECURITY INVESTMENT ACCOUNTS. (a) In General.--Title II of the Social Security Act is amended-- (1) by inserting before section 201 the following: ``Part A--Insurance Benefits''; and (2) by adding at the end the following new part: ``Part B--Individual Retirement Investment Program ``definitions ``Sec. 251. For purposes of this part-- ``(1) Account holder.--The term `account holder' means an individual for whom a personal Social Security investment account is established under section 252(b). ``(2) Investment account.--The term `investment account' means a personal Social Security investment account established under section 252(b). ``(3) Trust fund.--The term `Trust Fund' means the Social Security Investment Trust Fund established under section 260. ``(4) Executive director.--The term `Executive Director' means the Executive Director under this part authorized to so serve under section 266(b). ``(5) Board.--The term `Board' means the Board of Trustees of the Trust Fund authorized to so serve under section 266(a). ``personal social security investment accounts ``Sec. 252. (a) Certification of New Account Holders.--Upon the issuance of a Social Security account number under section 205(c)(2) to an individual born on or after July 1, 2000, the Commissioner of Social Security shall certify to the Executive Director and the Secretary of the Treasury the identity and Social Security account number of such individual. ``(b) Establishment of Personal Social Security Investment Accounts.--Upon receipt of any certification under subsection (a) with respect to an individual, the Executive Director shall establish a personal Social Security investment account for such individual. Amounts in the Social Security Investment Trust Fund shall be credited by the Executive Director to the investment account in accordance with this part. The investment account shall be identified to the account holder by means of the account holder's Social Security account number. The Executive Director shall establish an investment account for each account holder not later than the later of January 1, 2001, or 30 days after receipt of the certification with respect to the account holder. ``(c) Initial Contribution.--Upon the establishment of each account holder's investment account, the Secretary of the Treasury shall transfer, from amounts not otherwise appropriated in the general fund of the Treasury to the Trust Fund, for crediting by the Executive Director to such investment account under subsection (b), an amount equal to $1,000.00. ``(d) Investment Account Balance.--The balance in an account holder's investment account at any time is the excess of-- ``(1) the sum of-- ``(A) the contribution made to the Trust Fund and credited to the investment account pursuant to subsection (c); ``(B) all contributions made to the Trust Fund and credited to the investment account under section 253, and ``(C) the total amount of the allocations made to and reductions made in the investment account pursuant to subsection (e), over ``(2) the amounts paid out of the Trust Fund with respect to such individual under this part. ``(e) Allocation of Earnings and Losses.--Pursuant to regulations prescribed by the Executive Director, the Executive Director shall allocate to each investment account an amount equal to the net earnings and net losses from each investment of sums in the Trust Fund which are attributable, on a pro rata basis, to sums credited to such investment account, reduced by an appropriate share of the administrative expenses paid out of the net earnings under section 256(d), as determined by the Executive Director. ``(f) Engagement of Qualified Public Accountant.-- ``(1) In general.--The Executive Director shall annually engage, on behalf of all account holders, an independent qualified public accountant, who shall conduct an examination of all accounts and other books and records maintained in the administration of this part as the public accountant considers necessary to enable the public accountant to make the determination required by paragraph (2). The examination shall be conducted in accordance with generally accepted auditing standards and shall involve such tests of the accounts, books, and records as the public accountant considers necessary. ``(2) Examination and report.--The public accountant conducting an examination under paragraph (1) shall determine whether the accounts, books, and records referred to in such paragraph have been maintained in conformity with generally accepted accounting principles applied on a basis consistent with the manner in which such principles were applied during the examination conducted under such paragraph during the preceding year. The public accountant shall transmit to the Board and the Comptroller General of the United States a report on his examination, including his determination under this paragraph. ``(3) Reliance on actuary's certifications.--In making a determination under paragraph (2), a public accountant may rely on the correctness of any actuarial matter certified by an enrolled actuary if the public accountant states his reliance in the report transmitted to the Board under such paragraph. ``(4) Definition.--For the purposes of this subsection, the term ``qualified public accountant'' shall have the same meaning as is provided in section 103(a)(3)(D) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1023(a)(3)(D)). ``(g) Information Required To Be Provided to Account Holders.-- ``(1) In general.--The Board shall prescribe regulations under which each account holder shall be furnished with-- ``(A) a periodic statement relating to the account holder's investment account; and ``(B) a summary description of the investment options under section 254 covering, and an evaluation of, each such option for at least the 5-year period preceding the date as of which such evaluation is made. ``(2) Timely provision of information.--Information under this subsection shall be provided at least 30 calendar days before the date provided for each election under section 254(c), and in a manner designed to facilitate informed decisionmaking with respect to each such election. ``(h) Assumption of Risk.--Each account holder who elects to invest in the Fixed Income Investment Fund or the Common Stock Index Investment Fund described in paragraphs (2) and (3), respectively, of section 254(a) shall sign an acknowledgement prescribed by the Executive Director which states that the account holder understands that an investment in either such Fund is made at the account holder's risk, that the account holder is not protected by the Government against any loss on such investment, and that a return on such investment is not guaranteed by the Government. ``(i) Treatment of Minors and Incompetent Individuals.--An election under this part to be made by a minor, or an individual mentally incompetent or under other legal disability, may be made by the person who is constituted guardian or other fiduciary by the law of the State of residence of the individual or is otherwise legally vested with the care of the individual or his estate. Payment under this part due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. In any case in which a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the individual, if any other person, in the judgment of the Executive Director, is responsible for the care of such individual, any election under this part which may otherwise be made by such individual may be made by such person, any payment under this part which is otherwise payable to such individual may be made to such person, and the payment of an annuity payment under this part to such person bars recovery by any other person. ``contributions to the social security investment trust fund ``Sec. 253. (a) In General.--The Executive Director shall prescribe regulations under which each individual who is eligible to claim a deduction under section 222 of the Internal Revenue Code of 1986 for contributions to a personal Social Security investment account shall be afforded a reasonable opportunity to make contributions to the Trust Fund, for crediting to such account, either from time to time or under arrangements providing for regular, periodic contributions. Such arrangements may include arrangements for contributions of wages by employers on behalf of employees. Any such arrangement shall also provide individuals a reasonable opportunity to modify the amount to be contributed under this part, or to terminate such contributions. ``(b) Limitation on Contributions.--Notwithstanding any other provision of this section, no contribution may be made under this section to any account for any year to the extent that such contribution, when added to prior contributions to such account for such year, exceeds $7,000. ``(c) Crediting Procedures.--Amounts contributed by (or on behalf of) an account holder under this section shall be deposited in the Trust Fund to the credit of that account holder's investment account in accordance with such procedures as the Comptroller General of the United States may, in consultation with the Executive Director, prescribe in regulations. ``(d) Nonforfeitability of Contributions.--All contributions made under this section shall be fully nonforfeitable when made. ``investment of social security investment trust fund ``Sec. 254. (a) Investment Funds.--The Board shall establish-- ``(1) a Government Securities Investment Fund under which sums in the Trust Fund are invested in securities of the United States Government issued as provided in subsection (e); ``(2) a Fixed Income Investment Fund under which sums in the Trust Fund are invested in-- ``(A) insurance contracts, ``(B) certificates of deposit, or ``(C) other instruments or obligations selected by qualified professional asset managers, which return the amount invested and pay interest, at a specified rate or rates, on that amount during a specified period of time; ``(3) a Common Stock Index Investment Fund as provided in subsection (b); and ``(4) such other investment fund or funds as the Board may provide by regulation. ``(b) Index Governing Common Stock Index Investment Funds.-- ``(1) Selection of index.--The Board shall select an index which is a commonly recognized index comprised of common stock the aggregate market value of which is a reasonably complete representation of the United States equity markets. ``(2) Portfolio design.--The Common Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index selected under paragraph (1). The portfolio shall be designed such that, to the extent practicable, the percentage of the Common Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index. ``(c) Investment According to Elections.-- ``(1) In general.--The Executive Director shall invest the sums available in the Trust Fund for investment as provided in elections made under subsection (d). ``(2) Default investment in absence of election.--If an election has not been made with respect to any sums in the Trust Fund available for investment, the Executive Director shall invest such sums in the Government Securities Investment Fund. ``(d) Semiannual Elections.-- ``(1) In general.--At least twice each year, an account holder may elect the investment funds referred to in subsection (a) into which the sums in the Trust Fund credited to such account holder's investment account are to be invested or reinvested. ``(2) Investment according to regulations.--An election may be made under paragraph (1) only in accordance with regulations prescribed by the Executive Director and within such period as the Executive Director shall provide in such regulations. ``(e) Issuance of Special Obligations.-- ``(1) Authorization.--The Secretary of the Treasury is authorized to issue special interest-bearing obligations of the United States for purchase by the Trust Fund for the Government Securities Investment Fund. ``(2) Requirements.-- ``(A) In general.--Obligations issued for the purpose of this subsection shall have maturities fixed with due regard to the needs of the Trust Fund as determined by the Executive Director, and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue of such obligations) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable earlier than 4 years after the end of such calendar month. ``(B) Rounding.--Any average market yield computed under subparagraph (A) which is not a multiple of one- eighth of 1 percent, shall be rounded to the nearest multiple of one-eighth of 1 percent. ``(f) No Voting Rights in Securities.--The Board, the Executive Director, and an account holder may not exercise voting rights associated with the ownership of securities by the Social Security Investment Trust Fund. ``distributions from the social security investment trust fund ``Sec. 255. (a) In General.--No distribution may be made from the Social Security Investment Trust Fund of any amount credited to the investment account of any account holder, unless such distribution is in the form of-- ``(1) a benefit distribution described in subsection (b), ``(2) a distribution described in subsection (c), or ``(3) a death distribution under subsection (d). ``(b) Benefit Distribution.-- ``(1) In general.--A distribution from an investment account is in the form of a benefit distribution referred to in subsection (a)(1) if such distribution constitutes payment (in whole or in part) of a monthly insurance benefit under part A based on the wages and self-employment income of the account holder. ``(2) Payment of monthly insurance benefits.-- Notwithstanding section 201(h), benefit payments required to be made under part A, other than benefit payments required to be made under section 223 or 226 and benefit payments required to be made under subsection (b), (c), or (d) of section 202 to account holders entitled to benefits on the basis of the wages and self-employment income of any such account holder entitled to disability insurance benefits, shall be made from amounts in the Trust Fund credited to such account holder's investment account, except to the extent that such benefit payments exceed the balance credited to such account holder's investment account. Any amount of such benefit payments in excess of the balance in such account holder's investment account shall be payable as provided in section 201(h). The Commissioner of Social Security shall provide for certification to the Executive Director for payment of such benefits from the Trust Fund, and the Executive Director shall make such payments from the Trust Fund in accordance with such certification. ``(c) Annuities and Lump Sum Payments.--A distribution referred to in subsection (a)(2) is described in this subsection if-- ``(1) the distribution is at the election of the account holder made (in such form and manner as shall be prescribed by the Executive Director) on or after the date of the commencement of such account holder's entitlement to old-age insurance benefits under section 202(a), ``(2) the amount of each distribution is in an amount, as determined by the Executive Director, which is not greater than the excess of-- ``(A) the balance credited to such account holder's investment account, over ``(B) the amount necessary to provide for benefit distributions as required under subsection (a)(1), and ``(3) the distributions shall be paid in the form of annuities and other payments under section 256. ``(d) Death Distribution.-- ``(1) In general.--A distribution from an investment account is in the form of a death distribution if such distribution is in the amount remaining credited to the account holder as of the date of such account holder's death and, except as provided in paragraph (2), is distributed in the same manner as is provided for distribution of benefit payments under section 204(d). ``(2) Portion of account balance attributable to federal contribution returned to united states.--The portion of the amount remaining credited to the account holder as of the date of such account holder's death which is attributable to the contribution made under section 252(c) shall be paid to the Secretary of the Treasury for deposit into the general fund of the Treasury as miscellaneous receipts. For purposes of the preceding sentence, distributions from a personal social security investment account shall be treated as first made from amounts attributable to the contribution made under section 252(c) and then from other amounts. ``annuities and lump sum payments payable from the social security investment trust fund ``Sec. 256. (a) In General.--An account holder who is entitled to old-age insurance benefits under section 202(a) is entitled as provided in this section to the amount of the balance in the account holder's investment account available for distribution under this section in accordance with section 255. ``(b) Alternative Forms of Distribution.--Subject to section 258, any account holder who is entitled to old-age insurance benefits under section 202(a) is entitled and may elect-- ``(1) to receive an immediate annuity from the Trust Fund; ``(2) to defer the commencement of the payment of an annuity from the Trust Fund until such date as the account holder specifies, but not later than April 1 of the year following the year in which the account holder becomes 70\1/2\ years of age; ``(3) to withdraw the amount of the balance in the account holder's investment account in the Trust Fund in one or more substantially equal payments to be made not less frequently than annually and to commence before April 1 of the year following the year in which the account holder becomes 70\1/2\ years of age; or ``(4) to transfer the amount of the balance in the account holder's investment account in the Trust Fund to an eligible retirement plan as provided in subsection (c). ``(c) Transfers to Eligible Retirement Plans.-- ``(1) In general.--The Executive Director shall make each transfer elected under subsection (b)(4) directly to an eligible retirement plan or plans (as defined in section 402(c)(8)(B) of the Internal Revenue Code of 1986) identified by the account holder for whom the transfer is made. ``(2) Transfer contingent upon receipt of necessary information.--A transfer may not be made for an account holder under paragraph (1) until the Executive Director receives from such account holder the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made. ``(d) Modification of Elections.-- ``(1) In general.--Subject to paragraph (3)(A) and subsections (a) and (d) of section 258, an account holder may change an election previously made under this section. ``(2) Modification of date for delayed distributions.-- Subject to paragraph (3)(B) and section 258(d), an account holder who has made an election pursuant to subsection (b)(2) may modify the date specified in such election or in a previous modification under this paragraph. ``(3) Limitations.-- ``(A) Modifications disallowed upon commencement of distribution.--An account holder may not change an election under this section on or after the date on which a payment is made in accordance with such election or, in the case of an election to receive an annuity, the date on which an annuity contract is purchased to provide for the annuity elected by the account holder. ``(B) Other limitations.--A modification of a date may not be made under paragraph (2) on or after the date on which an annuity contract is purchased to provide for the annuity involved, and may not specify a date for the commencement of an annuity earlier than 90 days after the date on which the modification is submitted to the Executive Director (or such period shorter than 90 days as the Executive Director may by regulation prescribe). ``(e) Default Means of Distribution.-- ``(1) Lump sum distributions of minimal amounts.-- Notwithstanding subsection (b), if an account holder becomes entitled to old-age insurance benefits under section 202(a) and the balance in such account holder's investment account is $3,500 or less, the Executive Director shall pay the balance to the account holder in a single payment unless the account holder elects, at such time and otherwise in such manner as the Executive Director prescribes, one of the options available under subsection (b). ``(2) Default annuity commencement date.--Unless otherwise elected under this section, and subject to paragraph (1), the balance in an account holder's investment account shall be paid as an annuity commencing for the account holder on February 1 of the year following the year in which the account holder becomes entitled to old-age insurance benefits under section 202(a). ``payment of annuities ``Sec. 257. (a) Methods of Payment.--The Board shall prescribe methods of payment of annuities under this part. The methods of payment prescribed under this subsection shall include, but not be limited to-- ``(1) a method which provides for the payment of a monthly annuity only to an annuitant during the life of the annuitant; ``(2) a method which provides for the payment of a monthly annuity to an annuitant for the joint lives of the annuitant and the spouse of the annuitant and an appropriate monthly annuity to the one of them who survives the other of them for the life of the survivor; ``(3) a method described in paragraph (1) which provides for automatic adjustments in the amount of the annuity payable so long as the amount of the annuity payable in any one year shall not be less than the amount payable in the previous year; ``(4) a method described in paragraph (2) which provides for automatic adjustments in the amount of the annuity payable so long as the amount of the annuity payable in any one year shall not be less than the amount payable in the previous year; and ``(5) a method which provides for the payment of a monthly annuity-- ``(A) to the annuitant for the joint lives of the annuitant and an individual who is designated by the annuitant under regulations prescribed by the Executive Director and (i) is a former spouse of the annuitant, or (ii) has an insurable interest in the annuitant; and ``(B) to the one of them who survives the other of them for the life of the survivor. ``(b) Requirement of Election.--Subject to section 258(c), under such regulations as the Executive Director shall prescribe, an account holder who elects under section 256 to receive an annuity under this part shall elect, on or before the date on which an annuity contract is purchased to provide for that annuity, one of the methods of payment prescribed under subsection (a). ``(c) Continued Period of 5 Years Availability for Eliminated Methods.--Notwithstanding an elimination of a method of payment by the Board, an account holder may elect the eliminated method if the elimination of such method became effective less than 5 years before the date on which the annuity commences. ``(d) Contracts for Purchase of Annuities.-- ``(1) Time limit for entering into contract.--Not earlier than 90 days (or such shorter period as the Executive Director may by regulation prescribe) before an annuity is to commence under this part, the Executive Director shall expend the balance in the annuitant's account to purchase an annuity contract from any entity which, in the normal course of its business, sells and provides annuities. ``(2) Assurance of provision of annuity.--The Executive Director shall assure, by contract entered into with each entity from which an annuity contract is purchased under paragraph (1), that the annuity shall be provided in accordance with the provisions of this part. ``(3) Terms and conditions.--An annuity contract purchased under paragraph (1) shall include such terms and conditions as the Executive Director requires for the protection of the annuitant. ``(4) Bonding.--The Executive Director shall require, from each entity from which an annuity contract is purchased under paragraph (1), a bond or proof of financial responsibility sufficient to protect the annuitant. ``(e) Exemption From Local Taxation of Amounts Paid To Purchase Annuities.-- ``(1) In general.--No tax, fee, or other monetary payment may be imposed or collected by any State, or by any political subdivision or other governmental authority thereof, on, or with respect to, any amount paid to purchase an annuity contract under this section. ``(2) Taxation of issuer permitted.--Paragraph (1) shall not be construed to exempt any company or other entity issuing an annuity contract under this section from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that entity from the sale of an annuity contract under this section if that tax, fee, or payment is applicable to a broad range of business activity. ``protections for spouses and former spouses ``Sec. 258. (a) Requirement of Spousal Consent.-- ``(1) In general.--A married account holder may make an election under subsection (b)(3) or (b)(4) of section 256 or change an election previously made under subsection (b)(1) or (b)(2) of such section only if the account holder and the account holder's spouse jointly waive, by written election, any right which the spouse may have to a survivor annuity with respect to such account holder under section 257 or subsection (b). ``(2) Exception.--Paragraph (1) shall not apply to an election or change of election by an account holder who establishes to the satisfaction of the Executive Director (at the time of the election or change and in accordance with regulations prescribed by the Executive Director)-- ``(A) that the spouse's whereabouts cannot be determined; or ``(B) that, due to exceptional circumstances, requiring the spouse's waiver would otherwise be inappropriate. ``(b) Joint and Survivor Annuity Form Applies Unless Otherwise Elected.-- ``(1) In general.--Notwithstanding any election under subsection (b) of section 257, the method described in subsection (a)(2)(B) of such section (or, if more than one form of such method is available, the form which the Board determines to be the one which provides for a surviving spouse a survivor annuity most closely approximating the annuity of a surviving spouse under section 8442 of title 5, United States Code) shall be deemed the applicable method under such subsection (b) in the case of an account holder who is married on the date on which an annuity contract is purchased to provide for the account holder's annuity under this part. ``(2) Exception.--Paragraph (1) shall not apply if-- ``(A) a joint waiver of such method is made, in writing, by the account holder and the spouse; or ``(B) the account holder waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2) (A) or (B) make the requirement of a joint waiver inappropriate. ``(c) Elections and Other Changes Subject to Court Orders.-- ``(1) In general.--An election, change of election, or modification of the commencement date of a deferred annuity shall not be effective under this part to the extent that the election, change, modification, or transfer conflicts with any court decree, order, or agreement described in paragraph (2). ``(2) Requirements.--A court decree, order, or agreement referred to in paragraph (1) is, with respect to an account holder, a court decree of divorce, annulment, or legal separation issued in the case of the account holder and any former spouse of the account holder or any court order or court-approved property settlement agreement incident to the decree if-- ``(A) the decree, order, or agreement expressly relates to any portion of the balance in the account holder's investment account; and ``(B) notice of the decree, order, or agreement was received by the Executive Director before-- ``(i) the date on which payment is made, or ``(ii) in the case of an annuity, the date on which an annuity contract is purchased to provide for the annuity, in accordance with the election, change, modification, or contribution referred to in paragraph (1). ``(3) Treatment of 2 or more court orders.--The Executive Director shall prescribe regulations under which this subsection shall be applied in any case in which the Executive Director receives two or more decrees, orders, or agreements referred to in paragraph (1). ``(d) Rights of Former Spouses.-- ``(1) In general.--Subject to paragraphs (2) through (7), a former spouse of a deceased account holder who died as a fully insured individual is entitled to a survivor annuity under this subsection if and to the extent that-- ``(A) an election under section 257(a)(5), or ``(B) any court decree, order, or agreement (described in subsection (c)(2), without regard to subparagraph (B) of such subsection) which relates to such deceased account holder and such former spouse, expressly provides for such survivor annuity. ``(2) Written notice required.--Paragraph (1) shall apply only to payments made by the Executive Director after the date on which the Executive Director receives written notice of the election, decree, order, or agreement, and such additional information and documentation as the Executive Director may require. ``(3) Limitation on amount.--The amount of the survivor annuity payable from the Trust Fund to a former spouse of a deceased account holder under this section may not exceed the excess, if any, of-- ``(A) the amount of the survivor annuity determined for a surviving spouse of the deceased account holder under the method described in subsection (b)(1), over ``(B) the total amount of all other survivor annuities payable under part to other former spouses of such deceased account holder based on the order of precedence provided in paragraph (4). ``(4) Order of precedence.--If more than one former spouse of a deceased account holder is entitled to a survivor annuity pursuant to this subsection, the amount of each such survivor annuity shall be limited appropriately to carry out paragraph (3) in the order of precedence established for the entitlements by the chronological order of the dates on which elections are properly made pursuant to section 257(a)(5) and the dates on which the court decrees, orders, or agreements applicable to the entitlement were issued, as the case may be. ``(5) Rules for commencement and termination under court orders.--The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity-- ``(A) shall not commence before-- ``(i) the day after the account holder dies; or ``(ii) the first day of the second month beginning after the date on which the Executive Director receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Executive Director may prescribe; whichever is later; and ``(B) shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies. ``(6) Restriction on modifications.--For purposes of this part, a modification in a decree, order, agreement, or election referred to in this section shall not be effective-- ``(A) if such modification is made after the retirement or death of the account holder or annuitant concerned; and ``(B) to the extent that such modification involves an annuity under this part. ``(7) Court orders subject to previous joint waivers.--For the purposes of this section, a court decree, order, or agreement or an election referred to in subsection (a) shall not be effective, in the case of a former spouse, to the extent that the election is inconsistent with any joint waiver previously executed with respect to such former spouse under subsection (a)(2) or (b)(2). ``(8) Exclusive recovery.--Any payment under this subsection to any individual bars recovery by any other individual. ``(e) Waivers and Modifications Subject to Prescribed Procedures.-- Waivers and notifications required by this section and waivers of the requirements for such waivers and notifications (as authorized by this section) may be made only in accordance with procedures prescribed by the Executive Director. ``(f) Inapplicability to Minimal Account Balances.--None of the provisions of this section requiring notification to, or the consent or waiver of, a spouse or former spouse of an account holder shall apply in any case in which the balance in the account holder's investment account is $3,500 or less. ``(g) Applicable Court Orders.--The protections provided by this section are in addition to the protections provided by section 263. ``administrative provisions ``Sec. 259. (a) Payments and Transfers in Accordance With Election.--The Executive Director shall make or provide for payments and transfers in accordance with an election of an account holder under section 256 or 257(b) or, if applicable, in accordance with section 258. ``(b) Elections and Modifications of Deferred Commencement Dates in Writing.--Any election, change of election, or modification of a deferred annuity commencement date made under this part shall be in writing and shall be filed with the Executive Director in accordance with regulations prescribed by the Executive Director. ``social security investment trust fund ``Sec. 260. (a) In General.--There is established in the Treasury of the United States a Social Security Investment Trust Fund. ``(b) Amount Comprising the Trust Fund.--The Trust Fund consists of the sum of all amounts contributed under sections 252(c) and 253, increased by the total net earnings from investments of sums in the Trust Fund under section 254 or reduced by the total net losses from investments of the Trust Fund under such section, and reduced by the total amount of payments made from the Trust Fund (including payments for administrative expenses). ``(c) Appropriation of Trust Fund Amounts.--The sums in the Trust Fund are appropriated and shall remain available without fiscal year limitation-- ``(1) to invest under section 254; ``(2) to make distributions or purchase annuity contracts under this part; ``(3) to pay the administrative expenses incurred in carrying out this part under subsection (d); and ``(4) to purchase insurance as provided in subsection (h)(3)(B). ``(d) Administrative Expenses.--Administrative expenses incurred to carry out this part shall be paid out of net earnings in the Trust Fund. ``(e) Assignment or Alienation and Related Matters.-- ``(1) Exclusive benefit of the account holder.--Subject to subsection (d) and paragraphs (2) and (3), sums in the Trust Fund credited to the account of any account holder may not be used for, or diverted to, purposes other than for the exclusive benefit of the account holder or other persons to whom distributions are made under section 255. ``(2) Immunity from assignment, alienation, and certain other legal process.--Except as provided in paragraph (3), sums in the Trust Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. For the purposes of this paragraph, a loan made from the Trust Fund to an account holder shall not be considered to be an assignment or alienation. ``(3) Exceptions.--Moneys due or payable from the Trust Fund to any person and, in the case of an account holder, the balance in the individual account of the account holder, shall be subject to legal process for the enforcement of the legal obligations of such person or account holder to provide child support or make alimony payments as provided in section 459 or relating to the enforcement of a judgment for physically, sexually, or emotionally abusing a child as provided under section 263. ``(f) Exclusive Appropriation.--The sums in the Trust Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose. ``(g) Contributions and Earnings Held in Trust for Account Holders.--All sums contributed to the Trust Fund by an account holder and all net earnings in the Trust Fund attributable to investment of such sums are held in the Trust Fund in trust for such account holder. ``(h) Fiduciary Responsibilities; Enforcement Under the Secretary of Labor.-- ``(1) In general.--Under regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the Trust Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund. ``(2) Investigative authority.--Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under paragraph (1). ``(3) Exculpatory provisions; insurance.-- ``(A) In general.--Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this part shall be void. ``(B) Insurance.--The Trust Fund shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Trust Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation. ``waiver, allotment and assignment of payments ``Sec. 261. (a) Waiver of Entitlement.--An individual entitled to an annuity or other payment payable from the Trust Fund may decline to accept all or any part of the amount of the payment by a waiver signed and filed with the Executive Director. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect. ``(b) Allotments or Assignments.--An individual entitled to an annuity or other payment payable from the Trust Fund may make allotments or assignments of amounts from the annuity or other payment for such purposes as the Executive Director considers appropriate. ``application for annuity or other payments ``Sec. 262. (a) Applications Required.--No payment of an annuity or other payment from the Social Security Investment Trust Fund under this part may be made unless an application for payment of the annuity or other payment is received by the Executive Director before the one hundred and fifteenth anniversary of the birth of the account holder. ``(b) Applications With Respect to Deceased Account Holders.-- Notwithstanding subsection (a), after the death of an account holder, a payment of the annuity or other payment shall not be paid unless an application therefor is received by the Executive Director within 30 years after the death or other event which establishes the entitlement to the annuity or other payment. ``court orders ``Sec. 263. (a) Alternative Payees Under Court Orders.--Payments under this part which would otherwise be made to an account holder or an annuitant shall be paid (in whole or in part) by the Executive Director to another person if and to the extent expressly provided for in the terms of-- ``(1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or ``(2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such account holder or annuitant, for physically, sexually, or emotionally abusing a child. In the event that the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served. ``(b) Written Notice Requirements.--Subsection (a) shall apply only to payments made by the Executive Director under this part after the date on which the Executive Director receives written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Executive Director may require. ``(c) Definitions.--For the purpose of this section-- ``(1) the term `judgment rendered for physically, sexually, or emotionally abusing a child' means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and ``(2) the term `child' means an individual under 18 years of age. ``withholding of state income taxes ``Sec. 264. (a) Withholding Agreements.--The Executive Director shall, in accordance with this section, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Executive Director shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Trust Fund and disbursed to the States during the month following that calendar quarter. ``(b) No Multiple Requests.--An annuitant may have in effect at any time only one request for withholding under this section, and an annuitant may not have more than two such requests in effect during any one calendar year. ``(c) Changes and Revocations.--Subject to subsection (b), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Executive Director, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Executive Director. ``(d) Reservations to the United States; Repayments of Erroneous Withholdings.--This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this section. The Executive Director may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Executive Director shall be repaid by the State in accordance with regulations issued by the Executive Director. ``(e) Definition.--For the purpose of this section, the term `annuitant' includes a survivor who is receiving an annuity from the Trust Fund. ``tax treatment of the social security investment trust fund ``Sec. 265. The Trust Fund shall be exempt from taxation under subtitle A of the Internal Revenue Code of 1986. ``administration ``Sec. 266. (a) Board of Trustees.-- ``(1) In general.--The Federal Retirement Thrift Investment Board established by section 8472(a) of title 5, United States Code, shall also serve as the Board of Trustees of the Social Security Investment Trust Fund. ``(2) Duties.--It shall be the duty of the Board to-- ``(A) hold the Trust Fund; ``(B) report to the Congress not later than the first day of April of each year on the operation and status of the Trust Fund during the preceding fiscal year and on its expected operation and status during the next ensuing 5 fiscal years; ``(C) develop investment policies which provide for-- ``(i) prudent investments suitable for accumulating funds for payment of retirement income, and ``(ii) low administrative costs; ``(D) recommend improvements in administrative procedures and policies designed to effectuate the proper coordination of the program established under this part with the old-age, survivors, and disability insurance program established under part A; and ``(E) review the general policies followed in managing the Trust Fund and recommend changes in such policies, including necessary changes in the provisions of the law which govern the way in which the Trust Funds are to be managed and invested. ``(b) Executive Director.-- ``(1) In general.--The Executive Director appointed under section 8474(a) of title 5, United States Code, shall also serve as Executive Director under this part. ``(2) Duties.--The Executive Director shall-- ``(A) carry out the policies established by the Board under this part; ``(B) invest and manage the Trust Fund in accordance with the investment policies and other policies established by the Board under this part; ``(C) purchase annuity contracts and provide for the payment of other benefits under this part; ``(D) administer the provisions of this part; and ``(E) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this part. ``(3) Authorized functions.--The Executive Director may-- ``(A) prescribe such regulations as may be necessary to carry out the responsibilities of the Executive Director under this part, other than regulations relating to fiduciary responsibilities; ``(B) appoint such personnel as may be necessary to carry out the provisions of this part; ``(C) subject to approval by the Board, procure the services of experts and consultants under section 3109 of title 5, United States Code; ``(D) secure directly from other agencies and instrumentalities of the Federal Government any information necessary to carry out the provisions of this part and policies of the Board under this part; ``(E) make such payments out of sums in the Trust Fund as the Executive Director determines are necessary to carry out the provisions of this part and the policies of the Board under this part; ``(F) pay the compensation, per diem, and travel expenses of individuals appointed under subparagraphs (B), (C), and (G) from the Trust Fund; ``(G) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, as authorized by section 5703 of title 5, United States Code, including per diem as authorized by section 5702 of such title; ``(H) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director's functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and ``(I) take such other actions as are appropriate to carry out the functions of the Executive Director. ``(c) Source of Compensation.--Notwithstanding paragraph (3) of section 8476(d) of title 5, United States Code, basic pay paid for any fiscal year as compensation to each member of the Board (and each officer and employee of the Board) shall be paid from the Trust Fund (in lieu of the Thrift Savings Fund) in an amount which bears the same ratio to the total amount of basic pay paid to such member (or officer or employee) for such fiscal year as the balance in the Trust Fund as of the beginning of such fiscal year bears to the total amount of such balance and the balance in the Thrift Savings Fund as of the beginning of such fiscal year.''. (b) Conforming Amendments.--Section 201(h) of such Act (42 U.S.C. 401(h)) is amended-- (1) by striking ``All other'' in the second sentence and inserting ``Except as provided in section 255, all other''; and (2) by adding at the end the following new sentence: ``Any reference in this part to benefits under this title shall be deemed a reference to benefits entitlement to which arises under this part.''. (c) Effective Date.--The amendments made by this section shall apply with respect to payments of old-age insurance benefits for months after December 2000. SEC. 3. FINANCING OF INITIAL GOVERNMENT CONTRIBUTIONS BY MEANS OF REDUCTION IN APPROPRIATIONS TO TRUST FUNDS OF TAXES ON RETIREMENT BENEFITS. Section 121(e) of the Social Security Amendments of 1983 (42 U.S.C. 401 note) is amended-- (1) by striking ``less (ii) the amounts'' in paragraph (1) and inserting ``less (ii) the sum of (I) the amounts''; (2) by inserting before the period at the end of paragraph (1) the following: ``, and (II) the amounts equivalent to the aggregate of initial contributions to investment accounts to be made pursuant to section 252(c) of the Social Security Act''; and (3) by inserting before the period at the end of the second sentence of paragraph (2) the following: ``and initial contributions to investment accounts pursuant to section 252(c) of the Social Security Act estimated to be made during such quarter''. SEC. 4. TAX TREATMENT OF AMOUNTS CONTRIBUTED TO, AND DISTRIBUTIONS FROM, PERSONAL SOCIAL SECURITY INVESTMENT ACCOUNTS. (a) In General.--Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to additional itemized deductions for individuals) is amended by redesignating section 222 as section 223 and by inserting after section 221 the following new section: ``SEC. 222. PERSONAL SOCIAL SECURITY INVESTMENT ACCOUNTS. ``(a) Allowance of Deduction.--In the case of an individual, there shall be allowed as a deduction for the taxable year an amount equal to the amount contributed in cash for such taxable year to the personal social security investment account of any eligible individual. ``(b) Maximum Amount of Deduction.-- ``(1) In general.--The amount allowable as a deduction under subsection (a) for any taxable year for contributions to the personal social security investment account of an eligible individual shall not exceed $2,000. ``(2) Special rule.--If the account holder of any personal social security investment account makes a contribution to such account for any taxable year, no other taxpayer shall be allowed a deduction for any amount contributed to such account for such taxable year. ``(c) Definitions.--For purposes of this section-- ``(1) Personal social security investment account.--The term `personal social security investment account' means an account established under section 252 of the Social Security Act. ``(2) Eligible individual.--The term `eligible individual' means, with respect to the taxpayer-- ``(A) the taxpayer, ``(B) the taxpayer's spouse, and ``(C) any individual with respect to whom a deduction under section 151(c) is allowed to the taxpayer. Subparagraph (B) shall not apply unless the taxpayer files a joint return for the taxable year. ``(d) Tax Treatment of Distributions.-- ``(1) In general.--Except as otherwise provided in this subsection, any amount paid or distributed out of a personal social security investment account shall be included in gross income by the payee or distributee, as the case may be, in the manner provided under section 72. ``(2) Special rules for applying section 72.--For purposes of applying section 72 to any amount described in paragraph (1)-- ``(A) all personal social security investment accounts of the same individual shall be treated as 1 contract, ``(B) all distributions during any taxable year shall be treated as 1 distribution, and ``(C) the value of the contract, income on the contract, and investment in the contract shall be computed as of the close of the calendar year in which the taxable year begins. For purposes of subparagraph (C), the value of the contract shall be increased by the amount of any distributions during the calendar year. ``(3) Treatment of distributions of social security benefits.-- ``(A) In general.--Notwithstanding paragraph (1), the amount of any benefit distribution described in section 255(b) of the Social Security Act shall be included in gross income (to the extent provided in section 86) as if such distribution were a social security benefit (as defined in section 86). ``(B) Allocation of investment in the contract.-- For purposes of section 72, the portion of the account which the Executive Director (as defined in section 251 of the Social Security Act) determines is necessary to fund the benefit distributions referred to in subparagraph (A) for the taxable year and all succeeding taxable years shall be treated as a separate contract with respect to which no premium or other consideration was paid. ``(4) Cross reference.-- ``For excise tax on certain distributions, see section 72(t). ``(e) Special Rules.-- ``(1) Time when contributions deemed made.--For purposes of this section, a taxpayer shall be deemed to have made a contribution to a personal social security investment account on the last day of the preceding taxable year if the contribution is made on account of such taxable year and is made not later than the time prescribed by law for filing the return for such taxable year (not including extensions thereof). ``(2) Beneficiary must be under age 70\1/2\.--No deduction shall be allowed under this section with respect to any contribution to personal social security investment account if the account holder has attained age 70\1/2\ before the close of such holder's taxable year for which the contribution was made.'' (b) Deduction Allowed Whether or Not Taxpayer Itemizes Other Deductions.--Subsection (a) of section 62 of such Code is amended by inserting after paragraph (17) the following new paragraph: ``(18) Personal social security investment account contributions.--The deduction allowed by section 222.''. (c) Conforming Amendments.-- (1) Penalty for failure to meet minimum distribution requirement.--Subsection (c) of section 4974 of such Code is amended by striking ``or'' at the end of paragraph (4), by striking the period at the end of paragraph (5) and inserting ``, or'', and by inserting after paragraph (5) the following new paragraph: ``(6) any personal social security investment account (as defined in section 222(c)).''. (2) Treatment like individual retirement plan under excise tax on certain premature distributions.--Subparagraph (A) of section 72(t)(3) of such Code is amended-- (A) by inserting ``or from a personal social security investment account (as defined in section 222(c))'' before the period at the end, and (B) by inserting ``or from personal social security investment accounts'' after ``plans'' in the subparagraph heading. (d) Clerical Amendment.--The table of sections for part VII of subchapter B of chapter 1 of such Code is amended by striking the last item and inserting the following new items: ``Sec. 222. Personal social security investment accounts. ``Sec. 223. Cross reference.''. (e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2000. <all>

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2024-06-24T03:05:45.488634

BILLS-106hr1902ih

To require the Secretary of Education to correct poverty data to account for cost of living differences.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1902 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1902 To require the Secretary of Education to correct poverty data to account for cost of living differences. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Ms. Woolsey (for herself, Mr. George Miller of California, and Ms. Pelosi) introduced the following bill; which was referred to the Committee on Education and the Workforce _______________________________________________________________________ A BILL To require the Secretary of Education to correct poverty data to account for cost of living differences. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. POVERTY DATA. Title XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 8801 et seq.) is amended by adding at the end the following: ``PART I--POVERTY DATA ADJUSTMENTS ``SEC. 14901. POVERTY DATA ADJUSTMENTS. ``Whenever the Secretary uses any data that relates to the incidence of poverty and is produced or published by or for the Secretary of Commerce for subnational, State or substate areas, the Secretary shall adjust the data to account for differences in the cost of living in the areas.''. SEC. 2. SHORT TITLE. This Act may be cited as the ``Education Grant Formula Adjustment Act of 1999''. <all>

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2024-06-24T03:05:45.643652

BILLS-106hr1903ih

Gun Show Accountability Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1903 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1903 To regulate the sale of firearms at gun shows. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 20, 1999 Mr. Blagojevich introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To regulate the sale of firearms at gun shows. 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 ``Gun Show Accountability Act''. extension of brady background checks to gun shows Sec. 2. (a) Findings.--Congress finds that-- (1) more than 4,400 traditional gun shows are held annually across the United States, attracting thousands of attendees per show and hundreds of Federal firearms licensees and nonlicensed firearms sellers; (2) traditional gun shows, as well as flea markets and other organized events, at which a large number of firearms are offered for sale by Federal firearms licensees and nonlicensed firearms sellers, form a significant part of the national firearms market; (3) firearms and ammunition that are exhibited or offered for sale or exchange at gun shows, flea markets, and other organized events move easily in and substantially affect interstate commerce; (4) in fact, even before a firearm is exhibited or offered for sale or exchange at a gun show, flea market, or other organized event, the gun, its component parts, ammunition, and the raw materials from which it is manufactured have moved in interstate commerce; (5) gun shows, flea markets, and other organized events at which firearms are exhibited or offered for sale or exchange, provide a convenient and centralized commercial location at which firearms may be bought and sold anonymously, often without background checks and without records that enable gun tracing; (6) at gun shows, flea markets, and other organized events at which guns are exhibited or offered for sale or exchange, criminals and other prohibited persons obtain guns without background checks and frequently use guns that cannot be traced to later commit crimes; (7) many persons who buy and sell firearms at gun shows, flea markets, and other organized events cross State lines to attend these events and engage in the interstate transportation of firearms obtained at these events; (8) gun violence is a pervasive, national problem that is exacerbated by the availability of guns at gun shows, flea markets, and other organized events; (9) firearms associated with gun shows have been transferred illegally to residents of another State by Federal firearms licensees and nonlicensed firearms sellers, and have been involved in subsequent crimes including drug offenses, crimes of violence, property crimes, and illegal possession of firearms by felons and other prohibited persons; and (10) Congress has the power, under the interstate commerce clause and other provisions of the Constitution of the United States, to ensure, by enactment of this Act, that criminals and other prohibited persons do not obtain firearms at gun shows, flea markets, and other organized events. (b) Definitions.--Section 921(a) of title 18, United States Code, is amended by adding at the end the following: ``(35) Gun Show.--The term `gun show' means any event-- ``(A) at which 50 or more firearms are offered or exhibited for sale, transfer, or exchange, if 1 or more of the firearms has been shipped or transported in, or otherwise affects, interstate or foreign commerce; and ``(B) at which-- ``(i) not less than 20 percent of the exhibitors are firearm exhibitors; ``(ii) there are not less than 10 firearm exhibitors; or ``(iii) 50 or more firearms are offered for sale, transfer, or exchange. ``(36) Gun Show Promoter.--The term `gun show promoter' means any person who organizes, plans, promotes, or operates a gun show. ``(37) Gun Show Vendor.--The term `gun show vendor' means any person who exhibits, sells, offers for sale, transfers, or exchanges 1 or more firearms at a gun show, regardless of whether or not the person arranges with the gun show promoter for a fixed location from which to exhibit, sell, offer for sale, transfer, or exchange 1 or more firearms.''. (c) Regulation of Firearms Transfers at Gun Shows.-- (1) In general.--Chapter 44 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 931. Regulation of firearms transfers at gun shows ``(a) Registration of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) registers with the Secretary in accordance with regulations promulgated by the Secretary; and ``(2) pays a registration fee, in an amount determined by the Secretary. ``(b) Responsibilities of Gun Show Promoters.--It shall be unlawful for any person to organize, plan, promote, or operate a gun show unless that person-- ``(1) before commencement of the gun show, verifies the identity of each gun show vendor participating in the gun show by examining a valid identification document (as defined in section 1028(d)(1)) of the vendor containing a photograph of the vendor; ``(2) before commencement of the gun show, requires each gun show vendor to sign-- ``(A) a ledger with identifying information concerning the vendor; and ``(B) a notice advising the vendor of the obligations of the vendor under this chapter; and ``(3) notifies each person who attends the gun show of the requirements of this chapter, in accordance with such regulations as the Secretary shall prescribe; ``(4) maintains a copy of the records described in paragraphs (1) and (2) at the permanent place of business of the gun show promoter for such period of time and in such form as the Secretary shall require by regulation. ``(c) Responsibilities of Transferors Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to transfer a firearm to another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirement of paragraph (1)-- ``(A) shall not transfer the firearm to the transferee until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not transfer the firearm to the transferee if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(3) Absence of recordkeeping requirement.--Nothing in this section shall permit or authorize the Secretary to impose recordkeeping requirements on any nonlicensed vendor. ``(d) Responsibilities of Transferees Other Than Licensees.-- ``(1) In general.--If any part of a firearm transaction takes place at a gun show, it shall be unlawful for any person who is not licensed under this chapter to receive a firearm from another person who is not licensed under this chapter, unless the firearm is transferred through a licensed importer, licensed manufacturer, or licensed dealer in accordance with subsection (e). ``(2) Criminal background checks.--A person who is subject to the requirements of paragraph (1)-- ``(A) shall not receive the firearm from the transferor until the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(A); and ``(B) notwithstanding subparagraph (A), shall not receive the firearm from the transferor if the licensed importer, licensed manufacturer, or licensed dealer through which the transfer is made under subsection (e) makes the notification described in subsection (e)(3)(B). ``(e) Responsibilities of Licensees.--A licensed importer, licensed manufacturer, or licensed dealer who agrees to assist a person who is not licensed under this chapter in carrying out the responsibilities of that person under subsection (c) or (d) with respect to the transfer of a firearm shall-- ``(1) enter such information about the firearm as the Secretary may require by regulation into a separate bound record; ``(2) record the transfer on a form specified by the Secretary; ``(3) comply with section 922(t) as if transferring the firearm from the inventory of the licensed importer, licensed manufacturer, or licensed dealer to the designated transferee (although a licensed importer, licensed manufacturer, or licensed dealer complying with this subsection shall not be required to comply again with the requirements of section 922(t) in delivering the firearm to the nonlicensed transferor), and notify the nonlicensed transferor and the nonlicensed transferee-- ``(A) of such compliance; and ``(B) if the transfer is subject to the requirements of section 922(t)(1), of any receipt by the licensed importer, licensed manufacturer, or licensed dealer of a notification from the national instant criminal background check system that the transfer would violate section 922 or would violate State law; ``(4) not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report-- ``(A) shall be on a form specified by the Secretary by regulation; and ``(B) shall not include the name of or other identifying information relating to any person involved in the transfer who is not licensed under this chapter; ``(5) if the licensed importer, licensed manufacturer, or licensed dealer assists a person other than a licensee in transferring, at 1 time or during any 5 consecutive business days, 2 or more pistols or revolvers, or any combination of pistols and revolvers totaling 2 or more, to the same nonlicensed person, in addition to the reports required under paragraph (4), prepare a report of the multiple transfers, which report shall be-- ``(A) prepared on a form specified by the Secretary; and ``(B) not later than the close of business on the date on which the transfer occurs, forwarded to-- ``(i) the office specified on the form described in subparagraph (A); and ``(ii) the appropriate State law enforcement agency of the jurisdiction in which the transfer occurs; and ``(6) retain a record of the transfer as part of the permanent business records of the licensed importer, licensed manufacturer, or licensed dealer. ``(f) Records of Licensee Transfers.--If any part of a firearm transaction takes place at a gun show, each licensed importer, licensed manufacturer, and licensed dealer who transfers 1 or more firearms to a person who is not licensed under this chapter shall, not later than 10 days after the date on which the transfer occurs, submit to the Secretary a report of the transfer, which report-- ``(1) shall be in a form specified by the Secretary by regulation; ``(2) shall not include the name of or other identifying information relating to the transferee; and ``(3) shall not duplicate information provided in any report required under subsection (c)(4). ``(g) Firearm Transaction Defined.--In this section, the term `firearm transaction'-- ``(1) includes the offer for sale, sale, transfer, or exchange of a firearm; and ``(2) does not include the mere exhibition of a firearm.''. (2) Penalties.--Section 924(a) of title 18, United States Code, is amended by adding at the end the following: ``(7)(A) Whoever knowingly violates section 931(a) shall be fined under this title, imprisoned not more than 5 years, or both. ``(B) Whoever knowingly violates subsection (b) or (c) of section 931, shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both. ``(C) Whoever willfully violates section 931(d), shall be-- ``(i) fined under this title, imprisoned not more than 2 years, or both; and ``(ii) in the case of a second or subsequent conviction, such person shall be fined under this title, imprisoned not more than 5 years, or both. ``(D) Whoever knowingly violates subsection (c) or (f) of section 931 shall be fined under this title, imprisoned not more than 5 years, or both. ``(E) In addition to any other penalties imposed under this paragraph, the Secretary may, with respect to any person who knowingly violates any provision of section 931-- ``(i) if the person is registered pursuant to section 931(a), after notice and opportunity for a hearing, suspend for not more than 6 months or revoke the registration of that person under section 931(a); and ``(ii) impose a civil fine in an amount equal to not more than $10,000.''. (3) Technical and conforming amendments.--Chapter 44 of title 18, United States Code, is amended-- (A) in the chapter analysis, by adding at the end the following: ``931. Regulation of firearms transfers at gun shows.''; and (B) in the first sentence of section 923(j), by striking ``a gun show or event'' and inserting ``an event''. (d) Inspection Authority.--Section 923(g)(1) of title 18, United States Code, is amended by adding at the end the following: ``(E) Notwithstanding subparagraph (B), the Secretary may enter during business hours the place of business of any gun show promoter and any place where a gun show is held for the purposes of examining the records required by sections 923 and 931 and the inventory of licensees conducting business at the gun show. Such entry and examination shall be conducted for the purposes of determining compliance with this chapter by gun show promoters and licensees conducting business at the gun show and shall not require a showing of reasonable cause or a warrant.''. (e) Increased Penalties for Serious Recordkeeping Violations by Licensees.--Section 924(a)(3) of title 18, United States Code, is amended to read as follows: ``(3)(A) Except as provided in subparagraph (B), any licensed dealer, licensed importer, licensed manufacturer, or licensed collector who knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter, or violates section 922(m) shall be fined under this title, imprisoned not more than 1 year, or both. ``(B) If the violation described in subparagraph (A) is in relation to an offense-- ``(i) under paragraph (1) or (3) of section 922(b), such person shall be fined under this title, imprisoned not more than 5 years, or both; or ``(ii) under subsection (a)(6) or (d) of section 922, such person shall be fined under this title, imprisoned not more than 10 years, or both.''. (f) Increased Penalties for Violations of Criminal Background Check Requirements.-- (1) Penalties.--Section 924 of title 18, United States Code, is amended-- (A) in paragraph (5), by striking ``subsection (s) or (t) of section 922'' and inserting ``section 922(s)''; and (B) by adding at the end the following: ``(8) Whoever knowingly violates section 922(t) shall be fined under this title, imprisoned not more than 5 years, or both.''. (2) Elimination of certain elements of offense.--Section 922(t)(5) of title 18, United States Code, is amended by striking ``and, at the time'' and all that follows through ``State law''. (g) Gun Owner Privacy and Prevention of Fraud and Abuse of System Information.--Section 922(t)(2)(C) of title 18, United States Code, is amended by inserting ``as soon as possible, consistent with the responsibility of the Attorney General under section 103(h) of the Brady Handgun Violence Prevention Act, to ensure the privacy and security of the system and to prevent system fraud and abuse, but in no event later than 90 days after the date on which the licensee first contacts the system with respect to the transfer'' before the period. (h) Effective Date.--This section and the amendments made by this section shall take effect 180 days after the date of enactment of this Act. <all>

usgpo

2024-06-24T03:05:45.668324

BILLS-106hr1905rh

Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1905 Reported in House (RH)] Union Calendar No. 86 106th CONGRESS 1st Session H. R. 1905 [Report No. 106-156] Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 21, 1999 Mr. Taylor of North Carolina, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes, namely: TITLE I--CONGRESSIONAL OPERATIONS HOUSE OF REPRESENTATIVES Salaries and Expenses For salaries and expenses of the House of Representatives, $769,019,000, as follows: house leadership offices For salaries and expenses, as authorized by law, $14,202,000, including: Office of the Speaker, $1,740,000, including $25,000 for official expenses of the Speaker; Office of the Majority Floor Leader, $1,705,000, including $10,000 for official expenses of the Majority Leader; Office of the Minority Floor Leader, $2,071,000, including $10,000 for official expenses of the Minority Leader; Office of the Majority Whip, including the Chief Deputy Majority Whip, $1,423,000, including $5,000 for official expenses of the Majority Whip; Office of the Minority Whip, including the Chief Deputy Minority Whip, $1,057,000, including $5,000 for official expenses of the Minority Whip; Speaker's Office for Legislative Floor Activities, $406,000; Republican Steering Committee, $757,000; Republican Conference, $1,244,000; Democratic Steering and Policy Committee, $1,337,000; Democratic Caucus, $664,000; nine minority employees, $1,218,000; training and program development--majority, $290,000; and training and program development--minority, $290,000. Members' Representational Allowances Including Members' Clerk Hire, Official Expenses of Members, and Official Mail For Members' representational allowances, including Members' clerk hire, official expenses, and official mail, $413,576,000. Committee Employees Standing Committees, Special and Select For salaries and expenses of standing committees, special and select, authorized by House resolutions, $93,878,000: Provided, That such amount shall remain available for such salaries and expenses until December 31, 2000. Committee on Appropriations For salaries and expenses of the Committee on Appropriations, $21,308,000, including studies and examinations of executive agencies and temporary personal services for such committee, to be expended in accordance with section 202(b) of the Legislative Reorganization Act of 1946 and to be available for reimbursement to agencies for services performed: Provided, That such amount shall remain available for such salaries and expenses until December 31, 2000. salaries, officers and employees For compensation and expenses of officers and employees, as authorized by law, $90,633,000, including: for salaries and expenses of the Office of the Clerk, including not more than $3,500, of which not more than $2,500 is for the Family Room, for official representation and reception expenses, $14,881,000; for salaries and expenses of the Office of the Sergeant at Arms, including the position of Superintendent of Garages, and including not more than $750 for official representation and reception expenses, $3,746,000; for salaries and expenses of the Office of the Chief Administrative Officer, $57,289,000, of which $2,500,000 shall remain available until expended, including $25,169,000 for salaries, expenses and temporary personal services of House Information Resources, of which $24,641,000 is provided herein: Provided, That of the amount provided for House Information Resources, $6,260,000 shall be for net expenses of telecommunications: Provided further, That House Information Resources is authorized to receive reimbursement from Members of the House of Representatives and other governmental entities for services provided and such reimbursement shall be deposited in the Treasury for credit to this account; for salaries and expenses of the Office of the Inspector General, $3,926,000; for salaries and expenses of the Office of General Counsel, $840,000; for the Office of the Chaplain, $136,000; for salaries and expenses of the Office of the Parliamentarian, including the Parliamentarian and $2,000 for preparing the Digest of Rules, $1,172,000; for salaries and expenses of the Office of the Law Revision Counsel of the House, $2,045,000; for salaries and expenses of the Office of the Legislative Counsel of the House, $5,085,000; for salaries and expenses of the Corrections Calendar Office, $825,000; and for other authorized employees, $688,000. allowances and expenses For allowances and expenses as authorized by House resolution or law, $135,422,000, including: supplies, materials, administrative costs and Federal tort claims, $2,741,000; official mail for committees, leadership offices, and administrative offices of the House, $410,000; Government contributions for health, retirement, Social Security, and other applicable employee benefits, $131,595,000; and miscellaneous items including purchase, exchange, maintenance, repair and operation of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $676,000. child care center For salaries and expenses of the House of Representatives Child Care Center, such amounts as are deposited in the account established by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992 (40 U.S.C. 184g(d)(1)), subject to the level specified in the budget of the Center, as submitted to the Committee on Appropriations of the House of Representatives. Administrative Provisions Sec. 101. (a) Compliance With Admission Requirements.--The General Counsel of the House of Representatives and any other counsel in the Office of the General Counsel of the House of Representatives, including any counsel specially retained by the Office of General Counsel, shall be entitled, for the purpose of performing the counsel's functions, to enter an appearance in any proceeding before any court of the United States or of any State or political subdivision thereof without compliance with any requirements for admission to practice before such court, except that the authorization conferred by this subsection shall not apply with respect to the admission of any such person to practice before the United States Supreme Court. (b) Notification by Attorney General.--The Attorney General shall notify the General Counsel of the House of Representatives with respect to any proceeding in which the United States is a party of any determination by the Attorney General or Solicitor General not to appeal any court decision affecting the constitutionality of an Act or joint resolution of Congress within such time as will enable the House to direct the General Counsel to intervene as a party in such proceeding pursuant to applicable rules of the House of Representatives. (c) General Counsel Definition.--In this section, the term ``General Counsel of the House of Representatives'' means-- (1) the head of the Office of General Counsel established and operating under clause 8 of rule II of the Rules of the House of Representatives; (2) the head of any successor office to the Office of General Counsel which is established after the date of the enactment of this Act; and (3) any other person authorized and directed in accordance with the Rules of the House of Representatives to provide legal assistance and representation to the House in connection with the matters described in this section. Sec. 102. Section 104(a) of the Legislative Branch Appropriations Act, 1999 (Public Law 105-275; 112 Stat. 2439) is amended by striking ``(2 U.S.C. 59(e)(2))'' and inserting ``(2 U.S.C. 59e(e)(2))''. Sec. 103. (a) Clarification of Rules Regarding Use of Funds for Official Mail.-- (1) In general.--Section 311(e)(1) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(e)(1)) is amended-- (A) in the matter preceding subparagraph (A), by striking ``There is established'' and all that follows through ``shall be prescribed--'' and inserting the following: ``The use of funds of the House of Representatives which are made available for official mail of Members, officers, and employees of the House of Representatives who are persons entitled to use the congressional frank shall be governed by regulations promulgated--''; and (B) in subparagraph (A), by striking ``the Allowance'' and inserting ``official mail (except as provided in subparagraph (B))''. (2) Limitations on availability of funds.--Section 311(e)(2) of such Act (2 U.S.C. 59e(e)(2)), as amended by section 104(a) of the Legislative Branch Appropriations Act, 1999, is amended-- (A) in the matter preceding subparagraph (A), by striking ``The Official Mail Allowance'' and inserting ``Funds used for official mail''; (B) by striking subparagraph (A); and (C) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B). (3) Repeal of obsolete transfer authority.--Section 311(e) of such Act (2 U.S.C. 59e(e)) is amended by striking paragraph (3). (4) Conforming amendments.--(A) Section 1(a) of House Resolution 457, Ninety-second Congress, agreed to July 21, 1971, as enacted into permanent law by chapter IV of the Supplemental Appropriations Act, 1972 (2 U.S.C. 57(a)), is amended by striking ``the Official Mail Allowance'' each place it appears and inserting ``official mail''. (B) Section 311(a)(3) of the Legislative Branch Appropriations Act, 1991 (2 U.S.C. 59e(a)(3)) is amended by striking ``costs charged against the Official Mail Allowance for'' and inserting ``costs incurred for official mail by''. (b) Repeal of Obsolete References to Clerk Hire Allowance.-- (1) In general.--Section 104(a) of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 92(a)) is amended by striking ``clerk hire'' each place it appears. (2) Conforming amendment.--The heading of section 104 of such Act (2 U.S.C. 92(a)) is amended by striking ``clerk hire''. (c) Effective Date.--The amendments made by this section shall apply with respect to the first session of the One Hundred Sixth Congress and each succeeding session of Congress. JOINT ITEMS For Joint Committees, as follows: Joint Economic Committee For salaries and expenses of the Joint Economic Committee, $3,200,000, to be disbursed by the Secretary of the Senate. Joint Committee on Taxation For salaries and expenses of the Joint Committee on Taxation, $6,188,000, to be disbursed by the Chief Administrative Officer of the House. For other joint items, as follows: Office of the Attending Physician For medical supplies, equipment, and contingent expenses of the emergency rooms, and for the Attending Physician and his assistants, including: (1) an allowance of $1,500 per month to the Attending Physician; (2) an allowance of $500 per month each to three medical officers while on duty in the Office of the Attending Physician; (3) an allowance of $500 per month to one assistant and $400 per month each not to exceed eleven assistants on the basis heretofore provided for such assistants; and (4) $1,002,600 for reimbursement to the Department of the Navy for expenses incurred for staff and equipment assigned to the Office of the Attending Physician, which shall be advanced and credited to the applicable appropriation or appropriations from which such salaries, allowances, and other expenses are payable and shall be available for all the purposes thereof, $1,898,000, to be disbursed by the Chief Administrative Officer of the House. Capitol Police Board Capitol Police salaries For the Capitol Police Board for salaries of officers, members, and employees of the Capitol Police, including overtime, hazardous duty pay differential, clothing allowance of not more than $600 each for members required to wear civilian attire, and Government contributions for health, retirement, Social Security, and other applicable employee benefits, $78,501,000, of which $37,725,000 is provided to the Sergeant at Arms of the House of Representatives, to be disbursed by the Chief Administrative Officer of the House, and $40,776,000 is provided to the Sergeant at Arms and Doorkeeper of the Senate, to be disbursed by the Secretary of the Senate: Provided, That, of the amounts appropriated under this heading, such amounts as may be necessary may be transferred between the Sergeant at Arms of the House of Representatives and the Sergeant at Arms and Doorkeeper of the Senate, upon approval of the Committee on Appropriations of the House of Representatives and the Committee on Appropriations of the Senate. general expenses For the Capitol Police Board for necessary expenses of the Capitol Police, including motor vehicles, communications and other equipment, security equipment and installation, uniforms, weapons, supplies, materials, training, medical services, forensic services, stenographic services, personal and professional services, the employee assistance program, not more than $2,000 for the awards program, postage, telephone service, travel advances, relocation of instructor and liaison personnel for the Federal Law Enforcement Training Center, and $85 per month for extra services performed for the Capitol Police Board by an employee of the Sergeant at Arms of the Senate or the House of Representatives designated by the Chairman of the Board, $6,711,000, to be disbursed by the Capitol Police Board or their delegee: Provided, That, notwithstanding any other provision of law, the cost of basic training for the Capitol Police at the Federal Law Enforcement Training Center for fiscal year 2000 shall be paid by the Secretary of the Treasury from funds available to the Department of the Treasury. Administrative Provision Sec. 104. Amounts appropriated for fiscal year 2000 for the Capitol Police Board for the Capitol Police may be transferred between the headings ``salaries'' and ``general expenses'' upon the approval of-- (1) the Committee on Appropriations of the House of Representatives, in the case of amounts transferred from the appropriation provided to the Sergeant at Arms of the House of Representatives under the heading ``salaries''; (2) the Committee on Appropriations of the Senate, in the case of amounts transferred from the appropriation provided to the Sergeant at Arms and Doorkeeper of the Senate under the heading ``salaries''; and (3) the Committees on Appropriations of the Senate and the House of Representatives, in the case of other transfers. Capitol Guide Service and Special Services Office For salaries and expenses of the Capitol Guide Service and Special Services Office, $2,293,000, to be disbursed by the Secretary of the Senate: Provided, That no part of such amount may be used to employ more than forty-three individuals: Provided further, That the Capitol Guide Board is authorized, during emergencies, to employ not more than two additional individuals for not more than 120 days each, and not more than ten additional individuals for not more than six months each, for the Capitol Guide Service. Statements of Appropriations For the preparation, under the direction of the Committees on Appropriations of the Senate and the House of Representatives, of the statements for the first session of the One Hundred Sixth Congress, showing appropriations made, indefinite appropriations, and contracts authorized, together with a chronological history of the regular appropriations bills as required by law, $30,000, to be paid to the persons designated by the chairmen of such committees to supervise the work. OFFICE OF COMPLIANCE Salaries and Expenses For salaries and expenses of the Office of Compliance, as authorized by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C. 1385), $2,000,000. CONGRESSIONAL BUDGET OFFICE Salaries and Expenses For salaries and expenses necessary to carry out the provisions of the Congressional Budget Act of 1974 (Public Law 93-344), including not more than $2,500 to be expended on the certification of the Director of the Congressional Budget Office in connection with official representation and reception expenses, $26,221,000: Provided, That no part of such amount may be used for the purchase or hire of a passenger motor vehicle. Administrative Provisions Sec. 105. (a) The Director of the Congressional Budget Office shall have the authority to make lump-sum payments to enhance staff recruitment and to reward exceptional performance by an employee or a group of employees. (b) Subsection (a) shall apply with respect to fiscal years beginning after September 30, 1999. Sec. 106. Paragraph (5) of section 201(a) of the Congressional Budget Act of 1974 (2 U.S.C. 601(a)) is amended to read as follows: ``(5)(A) The Director shall receive compensation at an annual rate of pay that is equal to the lower of-- ``(i) the highest annual rate of compensation of any officer of the Senate; or ``(ii) the highest annual rate of compensation of any officer of the House of Representatives. ``(B) The Deputy Director shall receive compensation at an annual rate of pay that is $1,000 less than the annual rate of pay received by the Director, as determined under subparagraph (A).''. ARCHITECT OF THE CAPITOL Capitol Buildings and Grounds capitol buildings salaries and expenses For salaries for the Architect of the Capitol, the Assistant Architect of the Capitol, and other personal services, at rates of pay provided by law; for surveys and studies in connection with activities under the care of the Architect of the Capitol; for all necessary expenses for the maintenance, care and operation of the Capitol and electrical substations of the Senate and House office buildings under the jurisdiction of the Architect of the Capitol, including furnishings and office equipment, including not more than $1,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may approve; for purchase or exchange, maintenance and operation of a passenger motor vehicle; and not to exceed $20,000 for attendance, when specifically authorized by the Architect of the Capitol, at meetings or conventions in connection with subjects related to work under the Architect of the Capitol, $47,569,000, of which $4,520,000 shall remain available until expended. capitol grounds For all necessary expenses for care and improvement of grounds surrounding the Capitol, the Senate and House office buildings, and the Capitol Power Plant, $5,579,0000, of which $155,000 shall remain available until expended. house office buildings For all necessary expenses for the maintenance, care and operation of the House office buildings, $40,679,000, of which $7,842,000 shall remain available until expended. capitol power plant For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including the purchase of electrical energy) and water and sewer services for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden, Senate garage, and air conditioning refrigeration not supplied from plants in any of such buildings; heating the Government Printing Office and Washington City Post Office, and heating and chilled water for air conditioning for the Supreme Court Building, the Union Station complex, the Thurgood Marshall Federal Judiciary Building and the Folger Shakespeare Library, expenses for which shall be advanced or reimbursed upon request of the Architect of the Capitol and amounts so received shall be deposited into the Treasury to the credit of this appropriation, $39,180,000: Provided, That not more than $4,000,000 of the funds credited or to be reimbursed to this appropriation as herein provided shall be available for obligation during fiscal year 2000. Administrative Provision Sec. 107. (a) Participation in Office Waste Recycling Program.-- Each Member and each employing authority of the House of Representatives shall comply with the Architect of the Capitol's Office Waste Recycling Program for the House of Representatives (hereafter in this section referred to as the ``Program''). The Architect shall provide a convenient, clearly marked, and effective system for the collection of recyclable materials under the Program. (b) Report.--The Architect of the Capitol shall submit semiannually to the Committees on Appropriations and House Administration of the House of Representatives a written report on the status and results of the Program. (c) Use of Proceeds for Child Care Center.--All funds collected through the sale of materials under the Program shall be deposited in an account established in the Treasury. Amounts in such account shall be used for payment of activities and expenses of the House of Representatives Child Care Center, to the extent provided in appropriations Acts. LIBRARY OF CONGRESS Congressional Research Service salaries and expenses For necessary expenses to carry out the provisions of section 203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to revise and extend the Annotated Constitution of the United States of America, $71,255,000: Provided, That no part of such amount may be used to pay any salary or expense in connection with any publication, or preparation of material therefor (except the Digest of Public General Bills), to be issued by the Library of Congress unless such publication has obtained prior approval of either the Committee on House Administration of the House of Representatives or the Committee on Rules and Administration of the Senate. GOVERNMENT PRINTING OFFICE Congressional Printing and Binding For authorized printing and binding for the Congress and the distribution of Congressional information in any format; printing and binding for the Architect of the Capitol; expenses necessary for preparing the semimonthly and session index to the Congressional Record, as authorized by law (44 U.S.C. 902); printing and binding of Government publications authorized by law to be distributed to Members of Congress; and printing, binding, and distribution of Government publications authorized by law to be distributed without charge to the recipient, $77,704,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional Record for individual Representatives, Resident Commissioners or Delegates authorized under 44 U.S.C. 906: Provided further, That this appropriation shall be available for the payment of obligations incurred under the appropriations for similar purposes for preceding fiscal years: Provided further, That notwithstanding the 2- year limitation under section 718 of title 44, United States Code, none of the funds appropriated or made available under this Act or any other Act for printing and binding and related services provided to Congress under chapter 7 of title 44, United States Code, may be expended to print a document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is authorized by Congress to be printed, unless Congress reauthorizes such printing in accordance with section 718 of title 44, United States Code. This title may be cited as the ``Congressional Operations Appropriations Act, 2000''. TITLE II--OTHER AGENCIES BOTANIC GARDEN Salaries and Expenses For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds, and collections; and purchase and exchange, maintenance, repair, and operation of a passenger motor vehicle; all under the direction of the Joint Committee on the Library, $3,538,000. LIBRARY OF CONGRESS Salaries and Expenses For necessary expenses of the Library of Congress not otherwise provided for, including development and maintenance of the Union Catalogs; custody and custodial care of the Library buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library; operation and maintenance of the American Folklife Center in the Library; preparation and distribution of catalog records and other publications of the Library; hire or purchase of one passenger motor vehicle; and expenses of the Library of Congress Trust Fund Board not properly chargeable to the income of any trust fund held by the Board, $256,970,000, of which not more than $6,500,000 shall be derived from collections credited to this appropriation during fiscal year 2000, and shall remain available until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2 U.S.C. 150) and not more than $350,000 shall be derived from collections during fiscal year 2000 and shall remain available until expended for the development and maintenance of an international legal information database and activities related thereto: Provided, That the Library of Congress may not obligate or expend any funds derived from collections under the Act of June 28, 1902, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That the total amount available for obligation shall be reduced by the amount by which collections are less than the $6,850,000: Provided further, That of the total amount appropriated, $10,438,000 is to remain available until expended for acquisition of books, periodicals, newspapers, and all other materials including subscriptions for bibliographic services for the Library, including $40,000 to be available solely for the purchase, when specifically approved by the Librarian, of special and unique materials for additions to the collections: Provided further, That of the total amount appropriated, $2,347,000 is to remain available until expended for the acquisition and partial support for implementation of an Integrated Library System (ILS): Provided further, That of the total amount appropriated, $5,579,000 is to remain available until expended for the purpose of teaching educators how to incorporate the Library's digital collections into school curricula, which amount shall be transferred to the educational consortium formed to conduct the ``Joining Hands Across America: Local Community Initiative'' project as approved by the Library. Copyright Office salaries and expenses For necessary expenses of the Copyright Office, $37,639,000, of which not more than $20,800,000, to remain available until expended, shall be derived from collections credited to this appropriation during fiscal year 2000 under 17 U.S.C. 708(d): Provided, That the Copyright Office may not obligate or expend any funds derived from collections under 17 U.S.C. 708(d), in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than $5,454,000 shall be derived from collections during fiscal year 2000 under 17 U.S.C. 111(d)(2), 119(b)(2), 802(h), and 1005: Provided further, That the total amount available for obligation shall be reduced by the amount by which collections are less than $26,254,000: Provided further, That not more than $100,000 of the amount appropriated is available for the maintenance of an ``International Copyright Institute'' in the Copyright Office of the Library of Congress for the purpose of training nationals of developing countries in intellectual property laws and policies: Provided further, That not more than $4,250 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for activities of the International Copyright Institute and for Copyright delegations, visitors, and seminars. Books for the Blind and Physically Handicapped salaries and expenses For salaries and expenses to carry out the Act of March 3, 1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $48,033,000, of which $14,032,600 shall remain available until expended. Furniture and Furnishings For necessary expenses for the purchase, installation, maintenance, and repair of furniture, furnishings, office and library equipment, $5,415,000. Administrative Provisions Sec. 201. Appropriations in this Act available to the Library of Congress shall be available, in an amount of not more than $198,390, of which $59,300 is for the Congressional Research Service, when specifically authorized by the Librarian of Congress, for attendance at meetings concerned with the function or activity for which the appropriation is made. Sec. 202. (a) No part of the funds appropriated in this Act shall be used by the Library of Congress to administer any flexible or compressed work schedule which-- (1) applies to any manager or supervisor in a position the grade or level of which is equal to or higher than GS-15; and (2) grants such manager or supervisor the right to not be at work for all or a portion of a workday because of time worked by the manager or supervisor on another workday. (b) For purposes of this section, the term ``manager or supervisor'' means any management official or supervisor, as such terms are defined in section 7103(a)(10) and (11) of title 5, United States Code. Sec. 203. Appropriated funds received by the Library of Congress from other Federal agencies to cover general and administrative overhead costs generated by performing reimbursable work for other agencies under the authority of 31 U.S.C. 1535 and 1536 shall not be used to employ more than 65 employees and may be expended or obligated-- (1) in the case of a reimbursement, only to such extent or in such amounts as are provided in appropriations Acts; or (2) in the case of an advance payment, only-- (A) to pay for such general or administrative overhead costs as are attributable to the work performed for such agency; or (B) to such extent or in such amounts as are provided in appropriations Acts, with respect to any purpose not allowable under subparagraph (A). Sec. 204. Of the amounts appropriated to the Library of Congress in this Act, not more than $5,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for the incentive awards program. Sec. 205. Of the amount appropriated to the Library of Congress in this Act, not more than $12,000 may be expended, on the certification of the Librarian of Congress, in connection with official representation and reception expenses for the Overseas Field Offices. Sec. 206. (a) For fiscal year 2000, the obligational authority of the Library of Congress for the activities described in subsection (b) may not exceed $98,788,000. (b) The activities referred to in subsection (a) are reimbursable and revolving fund activities that are funded from sources other than appropriations to the Library in appropriations Acts for the legislative branch. Sec. 207. The Library of Congress may use available funds, now and hereafter, to enter into contracts for the lease or acquisition of severable services for a period that begins in one fiscal year and ends in the next fiscal year and to enter into multi-year contracts for the acquisition of property and services pursuant to sections 303L and 304B, respectively, of the Federal Property and Administrative Services Act (41 U.S.C. 253l and 254c). Sec. 208. (a) Notwithstanding any other provision of law regarding the qualifications and method of appointment of employees of the Library of Congress, the Librarian of Congress, using such method of appointment as the Librarian may select, may appoint not more than three individuals who meet such qualifications as the Librarian may impose to serve as management specialists for a term not to exceed three years. (b) No individual appointed as a management specialist under subsection (a) may serve in such position after December 31, 2004. Sec. 209. (a) Section 904 of the Supplemental Appropriations Act, 1983 (2 U.S.C. 136a-2) is amended to read as follows: ``Sec. 904. Notwithstanding any other provision of law-- ``(1) the Librarian of Congress shall be compensated at an annual rate of pay which is equal to the annual rate of basic pay payable for positions at level II of the Executive Schedule under section 5313 of title 5, United States Code; and ``(2) the Deputy Librarian of Congress shall be compensated at an annual rate of pay which is equal to the annual rate of basic pay payable for positions at level III of the Executive Schedule under section 5314 of title 5, United States Code.''. (b) Section 203(c)(1) of the Legislative Reorganization Act of 1946 (2 U.S.C. 166(c)(1)) is amended by striking the second sentence and inserting the following: ``The basic pay of the Director shall be at a per annum rate equal to the rate of basic pay provided for level III of the Executive Schedule under section 5314 of title 5, United States Code.''. (c) The amendments made by this section shall apply with respect to the first pay period which begins on or after the date of the enactment of this Act and each subsequent pay period. ARCHITECT OF THE CAPITOL Library Buildings and Grounds structural and mechanical care For all necessary expenses for the mechanical and structural maintenance, care and operation of the Library buildings and grounds, $17,782,000, of which $5,150,000 shall remain available until expended. GOVERNMENT PRINTING OFFICE Office of Superintendent of Documents salaries and expenses For expenses of the Office of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries as authorized by law, $29,986,000: Provided, That travel expenses, including travel expenses of the Depository Library Council to the Public Printer, shall not exceed $175,000: Provided further, That amounts of not more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and other related publications for 1998 and 1999 to depository and other designated libraries. Government Printing Office Revolving Fund The Government Printing Office is hereby authorized to make such expenditures, within the limits of funds available and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs and purposes set forth in the budget for the current fiscal year for the Government Printing Office revolving fund: Provided, That not more than $2,500 may be expended on the certification of the Public Printer in connection with official representation and reception expenses: Provided further, That the revolving fund shall be available for the hire or purchase of not more than twelve passenger motor vehicles: Provided further, That expenditures in connection with travel expenses of the advisory councils to the Public Printer shall be deemed necessary to carry out the provisions of title 44, United States Code: Provided further, That the revolving fund shall be available for temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title: Provided further, That the revolving fund and the funds provided under the headings ``Office of Superintendent of Documents'' and ``salaries and expenses'' together may not be available for the full-time equivalent employment of more than 3,313 workyears (or such other number of workyears as the Public Printer may request, subject to the approval of the Committees on Appropriations of the Senate and the House of Representatives): Provided further, That activities financed through the revolving fund may provide information in any format: Provided further, That the revolving fund shall not be used to administer any flexible or compressed work schedule which applies to any manager or supervisor in a position the grade or level of which is equal to or higher than GS- 15: Provided further, That expenses for attendance at meetings shall not exceed $75,000. Administrative Provision Sec. 210. (a) Section 311 of title 44, United States Code, is amended by adding at the end the following new subsection: ``(c) Notwithstanding any other provision of law, section 3709 of the Revised Statutes (41 U.S.C. 5) shall apply with respect to purchases and contracts for the Government Printing Office as if the reference to `$25,000' in clause (1) of such section were a reference to `$100,000'.''. (b) The heading of section 311 of title 44, United States Code, is amended by striking ``authority'' and inserting ``authority; small purchase threshold''. (c) The table of sections for chapter 3 of title 44, United States Code, is amended by striking the item relating to section 311 and inserting the following: ``311. Purchases exempt from the Federal Property and Administrative Services Act; contract negotiation authority; small purchase threshold.''. GENERAL ACCOUNTING OFFICE Salaries and Expenses For necessary expenses of the General Accounting Office, including not more than $7,000 to be expended on the certification of the Comptroller General of the United States in connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5, United States Code, but at rates for individuals not more than the daily equivalent of the annual rate of basic pay for level IV of the Executive Schedule under section 5315 of such title; hire of one passenger motor vehicle; advance payments in foreign countries in accordance with 31 U.S.C. 3324; benefits comparable to those payable under sections 901(5), 901(6), and 901(8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5), 4081(6), and 4081(8)); and under regulations prescribed by the Comptroller General of the United States, rental of living quarters in foreign countries, $372,681,000: Provided, That notwithstanding 31 U.S.C. 9105 hereafter amounts reimbursed to the Comptroller General pursuant to that section shall be deposited to the appropriation of the General Accounting Office then available and remain available until expended, and not more than $1,400,000 of such funds shall be available for use in fiscal year 2000: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the Joint Financial Management Improvement Program (JFMIP) shall be available to finance an appropriate share of JFMIP costs as determined by the JFMIP, including the salary of the Executive Director and secretarial support: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the National Intergovernmental Audit Forum or a Regional Intergovernmental Audit Forum shall be available to finance an appropriate share of either Forum's costs as determined by the respective Forum, including necessary travel expenses of non-Federal participants. Payments hereunder to either Forum or the JFMIP may be credited as reimbursements to any appropriation from which costs involved are initially financed: Provided further, That this appropriation and appropriations for administrative expenses of any other department or agency which is a member of the American Consortium on International Public Administration (ACIPA) shall be available to finance an appropriate share of ACIPA costs as determined by the ACIPA, including any expenses attributable to membership of ACIPA in the International Institute of Administrative Sciences. TITLE III--GENERAL PROVISIONS Sec. 301. No part of the funds appropriated in this Act shall be used for the maintenance or care of private vehicles, except for emergency assistance and cleaning as may be provided under regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for the Senate issued by the Committee on Rules and Administration. Sec. 302. No part of the funds appropriated in this Act shall remain available for obligation beyond fiscal year 2000 unless expressly so provided in this Act. Sec. 303. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from that specifically established by such Act, the rate of compensation and the designation in this Act shall be the permanent law with respect thereto: Provided, That the provisions in this Act for the various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire for Senators and Members of the House of Representatives shall be the permanent law with respect thereto. Sec. 304. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. Sec. 305. (a) It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made. (b) In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress. (c) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ``Made in America'' inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds provided pursuant to this Act, pursuant to the debarment, suspension, and ineligibility procedures described in section 9.400 through 9.409 of title 48, Code of Federal Regulations. Sec. 306. Such sums as may be necessary are appropriated to the account described in subsection (a) of section 415 of Public Law 104-1 to pay awards and settlements as authorized under such subsection. Sec. 307. Amounts available for administrative expenses of any legislative branch entity which participates in the Legislative Branch Financial Managers Council (LBFMC) established by charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except that the total LBFMC costs to be shared among all participating legislative branch entities (in such allocations among the entities as the entities may determine) may not exceed $1,500. Sec. 308. Section 308 of the Legislative Branch Appropriations Act, 1999 (Public Law 105-275; 112 Stat. 2452) is amended-- (1) in subsection (b), by striking ``(40 U.S.C. 174j- 1(b)(1))'' and inserting ``(40 U.S.C. 174j-1 note)''; (2) in subsection (c), by striking ``(40 U.S.C. 174j- 1(c))'' and inserting ``(40 U.S.C. 174j-1 note)''; and (3) in subsection (d), by striking ``(40 U.S.C. 174j- 1(e))'' and inserting ``(40 U.S.C. 174j-1 note)''. This Act may be cited as the ``Legislative Branch Appropriations Act, 2000''. Union Calendar No. 86 106th CONGRESS 1st Session H. R. 1905 [Report No. 106-156] _______________________________________________________________________ A BILL Making appropriations for the Legislative Branch for the fiscal year ending September 30, 2000, and for other purposes. _______________________________________________________________________ May 21, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

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2024-06-24T03:05:45.802207

BILLS-106hr1909ih

To make supplemental appropriations for fiscal year 1999 to ensure the inclusion of commonly used pesticides in State source water assessment programs, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1909 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1909 To make supplemental appropriations for fiscal year 1999 to ensure the inclusion of commonly used pesticides in State source water assessment programs, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 24, 1999 Mr. Andrews introduced the following bill; which was referred to the Committee on Appropriations _______________________________________________________________________ A BILL To make supplemental appropriations for fiscal year 1999 to ensure the inclusion of commonly used pesticides in State source water assessment 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. SUPPLEMENTAL APPROPRIATIONS TO ENSURE INCLUSION OF COMMONLY USED PESTICIDES IN STATE SOURCE WATER ASSESSMENT PROGRAMS. The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, to provide supplemental appropriations for fiscal year 1999: Environmental Protection Agency state and tribal assistance grants For an additional amount for ``State and Tribal Assistance Grants'', for grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12) for State expenses of formulating source water assessment programs under section 1453 of such Act, $85,000,000, to remain available until expended. Hereafter, source water assessment programs under section 1453 of such Act shall include (1) the assessment of the pesticides chlorothalonil, pendimethalin, paraquat, cyanazine, bensulide, chlorpyrifos, diazinon, metalaxyl, and mecoprop; (2) the assessment of surface water sources; (3) the assessment of residential drinking wells; and (4) the assessment of contaminated soil. <all>

usgpo

2024-06-24T03:05:46.054480

BILLS-106hr1908ih

To authorize the transfer of naval vessels to certain foreign countries.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1908 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1908 To authorize the transfer of naval vessels to certain foreign countries. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 24, 1999 Mr. Gilman (for himself and Mr. Gejdenson) introduced the following bill; which was referred to the Committee on International Relations _______________________________________________________________________ A BILL To authorize the transfer of naval vessels to certain foreign countries. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. AUTHORITY TO TRANSFER NAVAL VESSELS TO CERTAIN FOREIGN COUNTRIES. (a) Brazil.--The Secretary of the Navy is authorized to transfer to the Government of Brazil the ``THOMASTON'' class dock landing ships ALAMO (LSD 33) and HERMITAGE (LSD 34), and the ``GARCIA'' class frigates BRADLEY (FF 1041), DAVIDSON (FF 1045), SAMPLE (FF 1048), and ALBERT DAVID (FF 1050). Such transfers shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (b) Dominican Republic.--The Secretary of the Navy is authorized to transfer to the Government of the Dominican Republic the medium auxiliary floating dry dock AFDM 2. Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (c) Ecuador.--The Secretary of the Navy is authorized to transfer to the Government of Ecuador the ``OAK RIDGE'' class medium auxiliary repair dry dock ALAMOGORDO (ARDM 2). Such transfer shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (d) Egypt.--The Secretary of the Navy is authorized to transfer to the Government of Egypt the ``NEWPORT'' class tank landing ships BARBOUR COUNTY (LST 1195) and PEORIA (LST 1183). Such transfers shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (e) Greece.--(1) The Secretary of the Navy is authorized to transfer to the Government of Greece the ``KNOX'' class frigate CONNOLE (FF 1056). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (2) The Secretary of the Navy is authorized to transfer to the Government of Greece the medium auxiliary floating dry dock COMPETENT (AFDM 6). Such transfer shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (f) Mexico.--The Secretary of the Navy is authorized to transfer to the Government of Mexico the ``NEWPORT'' class tank landing ship NEWPORT (LST 1179) and the ``KNOX'' class frigate WHIPPLE (FF 1062). Such transfers shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (g) Poland.--The Secretary of the Navy is authorized to transfer to the Government of Poland the ``OLIVER HAZARD PERRY'' class guided missile frigate CLARK (FFG 11). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (h) Taiwan.--The Secretary of the Navy is authorized to transfer to the Taipei Economic and Cultural Representative Office in the United States (which is the Taiwan instrumentality designated pursuant to section 10(a) of the Taiwan Relations Act) the ``NEWPORT'' class tank landing ship SCHENECTADY (LST 1185). Such transfer shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). (i) Thailand.--The Secretary of the Navy is authorized to transfer to the Government of Thailand the ``KNOX'' class frigate TRUETT (FF 1095). Such transfer shall be on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). (j) Turkey.--The Secretary of the Navy is authorized to transfer to the Government of Turkey the ``OLIVER HAZARD PERRY'' class guided missile frigates FLATLEY (FFG 21) and JOHN A. MOORE (FFG 19). Such transfers shall be on a sales basis under section 21 of the Arms Export Control Act (22 U.S.C. 2761). SEC. 2. INAPPLICABILITY OF AGGREGATE ANNUAL LIMITATION ON VALUE OF TRANSFERRED EXCESS DEFENSE ARTICLES. The value of a vessel transferred to another country on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j) pursuant to authority provided by section 1 of this Act shall not be counted for the purposes of section 516(g) of the Foreign Assistance Act of 1961 in the aggregate value of excess defense articles transferred to countries under that section in any fiscal year. SEC. 3. COSTS OF TRANSFERS. Any expense incurred by the United States in connection with a transfer of a vessel authorized by section 1 of this Act shall be charged to the recipient. SEC. 4. EXPIRATION OF AUTHORITY. The authority to transfer vessels under section 1 of this Act shall expire at the end of the 2-year period beginning on the date of the enactment of this Act. SEC. 5. REPAIR AND REFURBISHMENT OF VESSELS IN UNITED STATES SHIPYARDS. The Secretary of the Navy shall require, to the maximum extent possible, as a condition of a transfer of a vessel under this Act, that the country to which the vessel is transferred have such repair or refurbishment of the vessel as is needed, before the vessel joins the naval forces of that country, performed at a shipyard located in the United States, including a United States Navy shipyard. SEC. 6. SENSE OF CONGRESS RELATING TO TRANSFER OF NAVAL VESSELS AND AIRCRAFT TO THE GOVERNMENT OF THE PHILIPPINES. (a) Sense of Congress.--It is the sense of the Congress that-- (1) the President should transfer to the Government of the Philippines, on a grant basis under section 516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), the excess defense articles described in subsection (b); and (2) the United States should not oppose the transfer of F-5 aircraft by a third country to the Government of the Philippines. (b) Excess Defense Articles.--The excess defense articles described in this subsection are the following: (1) UH-1 helicopters, A-4 aircraft, and the ``POINT'' class Coast Guard cutter POINT EVANS. (2) Amphibious landing craft, naval patrol vessels (including patrol vessels of the Coast Guard), and other naval vessels (such as frigates), if such vessels are available. <all>

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2024-06-24T03:05:46.077185

BILLS-106hr1911ih

Women's Cancer Recovery Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1911 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1911 To require that health plans provide coverage for a minimum hospital stay for mastectomies and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 24, 1999 Mr. LoBiondo 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 require that health plans provide coverage for a minimum hospital stay for mastectomies and lymph node dissection for the treatment of breast cancer and coverage for secondary consultations. 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 ``Women's Cancer Recovery Act of 1999''. SEC. 2. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974. (a) 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. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE TREATMENT OF BREAST CANCER AND COVERAGE FOR SECONDARY CONSULTATIONS. ``(a) Inpatient Care.-- ``(1) In general.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits shall ensure that inpatient coverage with respect to the surgical treatment of breast cancer (including a mastectomy, lumpectomy, or lymph node dissection for the treatment of breast cancer) is provided for a period of time as is determined by the attending physician, in the physician's professional judgment consistent with generally accepted principles of professional medical practice, in consultation with the patient, to be medically necessary or appropriate. ``(2) Exception.--Nothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician in consultation with the patient determines that a shorter period of hospital stay is medically necessary or appropriate. ``(b) Prohibition on Certain Modifications.--In implementing the requirements of this section, a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a). ``(c) Notice Requirement.--The imposition of the requirements 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 requirements apply and shall be made available at the time of initial coverage and at any time upon request of a participant or beneficiary. ``(d) Secondary Consultations.-- ``(1) In general.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that full coverage is provided for secondary consultations by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that full coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan. ``(2) Exception.--Nothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where there is a financial relationship (including an ownership or investment interest or compensation arrangement) between the specialist and the attending physician or where the patient determines not to seek such a consultation. ``(e) Prohibition on Penalties or Incentives.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section; ``(2) provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or ``(3) provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan or coverage involved under subsection (d). ``(f) Preemption; Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 731(d)(1)) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (b) Conforming Amendment.--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) 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. Required coverage for minimum hospital stay for mastectomies and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations.''. (d) Effective Dates.-- (1) In general.--The amendments made by this section shall apply with respect to plan years beginning on or after the date of enactment of this Act. (2) Special rule for collective bargaining agreements.--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 by this section 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 this section shall not be treated as a termination of such collective bargaining agreement. SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE GROUP MARKET. (a) In General.--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. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE TREATMENT OF BREAST CANCER AND COVERAGE FOR SECONDARY CONSULTATIONS. ``(a) Inpatient Care.-- ``(1) In general.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, that provides medical and surgical benefits shall ensure that inpatient coverage with respect to the surgical treatment of breast cancer (including a mastectomy, lumpectomy, or lymph node dissection for the treatment of breast cancer) is provided for a period of time as is determined by the attending physician, in the physician's professional judgment consistent with generally accepted principles of professional medical practice, in consultation with the patient, to be medically necessary or appropriate. ``(2) Exception.--Nothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician in consultation with the patient determines that a shorter period of hospital stay is medically necessary or appropriate. ``(b) Prohibition on Certain Modifications.--In implementing the requirements of this section, a group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a). ``(c) Notice Requirement.--A group health plan under this part shall comply with the notice requirement under section 714(c) 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. ``(d) Secondary Consultations.-- ``(1) In general.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that full coverage is provided for secondary consultations by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that full coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan. ``(2) Exception.--Nothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where there is a financial relationship (including an ownership or investment interest or compensation arrangement) between the specialist and the attending physician or where the patient determines not to seek such a consultation. ``(e) Prohibition on Penalties or Incentives.--A group health plan, and a health insurance issuer providing health insurance coverage in connection with a group health plan, may not-- ``(1) penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section; ``(2) provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or ``(3) provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan or coverage involved under subsection (d). ``(f) Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1) of the Public Health Service Act) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 2723(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (b) Conforming Amendment.--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''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply to group health plans for plan years beginning on or after the date of enactment of this Act. (2) Special rule for collective bargaining agreements.--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 by this section 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 this section shall not be treated as a termination of such collective bargaining agreement. SEC. 4. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE INDIVIDUAL MARKET. (a) In General.--Subpart 3 of part B of title XXVII of the Public Health Service Act is amended by adding at the end the following new section: ``SEC. 2753. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE TREATMENT OF BREAST CANCER AND SECONDARY CONSULTATIONS. ``(a) In General.--The provisions of section 2707 (other than subsection (c)) 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) Requirement.--A health insurance issuer under this part shall comply with the notice requirement under section 714(c) 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. ``(c) Exception for Health Insurance Coverage in Certain States.-- ``(1) In general.--The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (as defined in section 2723(d)(1) of the Public Health Service Act) for a State that regulates such coverage that is described in any of the following subparagraphs: ``(A) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(B) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved. ``(2) Construction.--Section 2762(a) shall not be construed as superseding a State law described in paragraph (1).''. (b) Conforming Amendment.--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 Date.--The amendments made by this section shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after the date of enactment of this Act. SEC. 5. AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986. (a) In General.--Subchapter B of chapter 100 of the Internal Revenue Code of 1986 (relating to other requirements) is amended by inserting after section 9812 the following new section: ``SEC. 9813. REQUIRED COVERAGE FOR MINIMUM HOSPITAL STAY FOR MASTECTOMIES AND LYMPH NODE DISSECTIONS FOR THE TREATMENT OF BREAST CANCER AND COVERAGE FOR SECONDARY CONSULTATIONS. ``(a) Inpatient Care.-- ``(1) In general.--A group health plan that provides medical and surgical benefits shall ensure that inpatient coverage with respect to the surgical treatment of breast cancer (including a mastectomy, lumpectomy, or lymph node dissection for the treatment of breast cancer) is provided for a period of time as is determined by the attending physician, in the physician's professional judgment consistent with generally accepted principles of professional medical practice, in consultation with the patient, to be medically necessary or appropriate. ``(2) Exception.--Nothing in this section shall be construed as requiring the provision of inpatient coverage if the attending physician in consultation with the patient determines that a shorter period of hospital stay is medically necessary or appropriate. ``(b) Prohibition on Certain Modifications.--In implementing the requirements of this section, a group health plan may not modify the terms and conditions of coverage based on the determination by a participant or beneficiary to request less than the minimum coverage required under subsection (a). ``(c) Secondary Consultations.-- ``(1) In general.--A group health plan that provides coverage with respect to medical and surgical services provided in relation to the diagnosis and treatment of cancer shall ensure that full coverage is provided for secondary consultations by specialists in the appropriate medical fields (including pathology, radiology, and oncology) to confirm or refute such diagnosis. Such plan or issuer shall ensure that full coverage is provided for such secondary consultation whether such consultation is based on a positive or negative initial diagnosis. In any case in which the attending physician certifies in writing that services necessary for such a secondary consultation are not sufficiently available from specialists operating under the plan with respect to whose services coverage is otherwise provided under such plan or by such issuer, such plan or issuer shall ensure that coverage is provided with respect to the services necessary for the secondary consultation with any other specialist selected by the attending physician for such purpose at no additional cost to the individual beyond that which the individual would have paid if the specialist was participating in the network of the plan. ``(2) Exception.--Nothing in paragraph (1) shall be construed as requiring the provision of secondary consultations where there is a financial relationship (including an ownership or investment interest or compensation arrangement) between the specialist and the attending physician or where the patient determines not to seek such a consultation. ``(d) Prohibition on Penalties.--A group health plan may not-- ``(1) penalize or otherwise reduce or limit the reimbursement of a provider or specialist because the provider or specialist provided care to a participant or beneficiary in accordance with this section; ``(2) provide financial or other incentives to a physician or specialist to induce the physician or specialist to keep the length of inpatient stays of patients following a mastectomy, lumpectomy, or a lymph node dissection for the treatment of breast cancer below certain limits or to limit referrals for secondary consultations; or ``(3) provide financial or other incentives to a physician or specialist to induce the physician or specialist to refrain from referring a participant or beneficiary for a secondary consultation that would otherwise be covered by the plan involved under subsection (d). ``(e) Exception for Health Insurance Coverage in Certain States.-- The requirements of this section shall not apply with respect to health insurance coverage if there is a State law (including a decision, rule, regulation, or other State action having the effect of law) for a State that regulates such coverage that is described in any of the following paragraphs: ``(1) Such State law requires such coverage to provide for at least a 48-hour hospital length of stay following a mastectomy performed for treatment of breast cancer and at least a 24-hour hospital length of stay following a lymph node dissection for treatment of breast cancer. ``(2) Such State law requires, in connection with such coverage for surgical treatment of breast cancer, that the hospital length of stay for such care is left to the decision of (or required to be made by) the attending provider in consultation with the woman involved.''. (b) Clerical Amendment.--The table of sections for such subchapter is amended by adding at the end the following new item: ``Sec. 9813. Required coverage for minimum hospital stay for mastectomies and lymph node dissections for the treatment of breast cancer and coverage for secondary consultations.''. (c) Effective Dates.-- (1) In general.--The amendments made by this section shall apply with respect to plan years beginning on or after the date of enactment of this Act. (2) Special rule for collective bargaining agreements.--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 by this section 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 this section shall not be treated as a termination of such collective bargaining agreement. SEC. 6. 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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2024-06-24T03:05:46.192443

BILLS-106hr1906rh

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1906 Reported in House (RH)] Union Calendar No. 87 106th CONGRESS 1st Session H. R. 1906 [Report No. 106-157] Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 21, 1999 Mr. Skeen, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed _______________________________________________________________________ A BILL Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2000, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2000, and for other purposes, namely: TITLE I AGRICULTURAL PROGRAMS Production, Processing, and Marketing Office of the Secretary (including transfers of funds) For necessary expenses of the Office of the Secretary of Agriculture, and not to exceed $75,000 for employment under 5 U.S.C. 3109, $2,836,000: Provided, That not to exceed $11,000 of this amount, along with any unobligated balances of representation funds in the Foreign Agricultural Service, shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to pay the salaries and expenses of personnel of the Department of Agriculture to carry out section 793(c)(1)(C) of Public Law 104-127: Provided further, That none of the funds made available by this Act may be used to enforce section 793(d) of Public Law 104-127. Executive Operations chief economist For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, energy and new uses, and the functions of the World Agricultural Outlook Board, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), and including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment under 5 U.S.C. 3109, $5,620,000. national appeals division For necessary expenses of the National Appeals Division, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $25,000 is for employment under 5 U.S.C. 3109, $11,718,000. office of budget and program analysis For necessary expenses of the Office of Budget and Program Analysis, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $5,000 is for employment under 5 U.S.C. 3109, $6,583,000. office of the chief information officer For necessary expenses of the Office of the Chief Information Officer, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 is for employment under 5 U.S.C. 3109, $6,051,000. office of the chief financial officer For necessary expenses of the Office of the Chief Financial Officer, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 is for employment under 5 U.S.C. 3109, $4,283,000. Office of the Assistant Secretary for Administration For necessary salaries and expenses of the Office of the Assistant Secretary for Administration to carry out the programs funded by this Act, $613,000. Agriculture Buildings and Facilities and Rental Payments (including transfers of funds) For payment of space rental and related costs pursuant to Public Law 92-313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 486, for programs and activities of the Department which are included in this Act, and for the operation, maintenance, and repair of Agriculture buildings, $140,364,000: Provided, That in the event an agency within the Department should require modification of space needs, the Secretary of Agriculture may transfer a share of that agency's appropriation made available by this Act to this appropriation, or may transfer a share of this appropriation to that agency's appropriation, but such transfers shall not exceed 5 percent of the funds made available for space rental and related costs to or from this account. In addition, for construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the programs of the Department, where not otherwise provided, $26,000,000, to remain available until expended; making a total appropriation of $166,364,000. Hazardous Waste Management (including transfers of funds) For necessary expenses of the Department of Agriculture, to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of the Resource Conservation and Recovery Act, 42 U.S.C. 6961, $15,700,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Waste Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands. Departmental Administration (including transfers of funds) For Departmental Administration, $36,117,000, to provide for necessary expenses for management support services to offices of the Department and for general administration and disaster management of the Department, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 is for employment under 5 U.S.C. 3109: Provided, That this appropriation shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551-558. Outreach for Socially Disadvantaged Farmers For grants and contracts pursuant to section 2501 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279), $3,000,000, to remain available until expended. Office of the Assistant Secretary for Congressional Relations (including transfers of funds) For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch, $3,668,000: Provided, That no other funds appropriated to the Department by this Act shall be available to the Department for support of activities of congressional relations: Provided further, That not less than $2,241,000 shall be transferred to agencies funded by this Act to maintain personnel at the agency level. Office of Communications For necessary expenses to carry on services relating to the coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information, work, and programs authorized by Congress in the Department, $8,138,000, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed $10,000 shall be available for employment under 5 U.S.C. 3109, and not to exceed $2,000,000 may be used for farmers' bulletins. Office of the Inspector General (including transfers of funds) For necessary expenses of the Office of the Inspector General, including employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and the Inspector General Act of 1978, $65,128,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, including not to exceed $50,000 for employment under 5 U.S.C. 3109; and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95-452 and section 1337 of Public Law 97-98. Office of the General Counsel For necessary expenses of the Office of the General Counsel, $29,194,000. Office of the Under Secretary for Research, Education and Economics For necessary salaries and expenses of the Office of the Under Secretary for Research, Education and Economics to administer the laws enacted by the Congress for the Economic Research Service, the National Agricultural Statistics Service, the Agricultural Research Service, and the Cooperative State Research, Education, and Extension Service, $940,000. Economic Research Service For necessary expenses of the Economic Research Service in conducting economic research and analysis, as authorized by the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) and other laws, $70,266,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225). National Agricultural Statistics Service For necessary expenses of the National Agricultural Statistics Service in conducting statistical reporting and service work, including crop and livestock estimates, statistical coordination and improvements, marketing surveys, and the Census of Agriculture, as authorized by 7 U.S.C. 1621-1627, Public Law 105-113, and other laws, $100,559,000, of which up to $16,490,000 shall be available until expended for the Census of Agriculture: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109. Agricultural Research Service For necessary expenses to enable the Agricultural Research Service to perform agricultural research and demonstration relating to production, utilization, marketing, and distribution (not otherwise provided for); home economics or nutrition and consumer use including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $836,381,000: Provided, That appropriations hereunder shall be available for temporary employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $250,000, except for headhouses or greenhouses which shall each be limited to $1,000,000, and except for ten buildings to be constructed or improved at a cost not to exceed $500,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $250,000, whichever is greater: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center, including an easement to the University of Maryland to construct the Transgenic Animal Facility which upon completion shall be accepted by the Secretary as a gift: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law. None of the funds in the foregoing paragraph shall be available to carry out research related to the production, processing or marketing of tobacco or tobacco products. In fiscal year 2000, the agency is authorized to charge fees, commensurate with the fair market value, for any permit, easement, lease, or other special use authorization for the occupancy or use of land and facilities (including land and facilities at the Beltsville Agricultural Research Center) issued by the agency, as authorized by law, and such fees shall be credited to this account and shall remain available until expended for authorized purposes. buildings and facilities For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $44,500,000, to remain available until expended (7 U.S.C. 2209b): Provided, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing any research facility of the Agricultural Research Service, as authorized by law. Cooperative State Research, Education, and Extension Service research and education activities For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, including $180,545,000 to carry into effect the provisions of the Hatch Act (7 U.S.C. 361a-i); $21,932,000 for grants for cooperative forestry research (16 U.S.C. 582a-a7); $29,676,000 for payments to the 1890 land-grant colleges, including Tuskegee University (7 U.S.C. 3222); $62,916,000 for special grants for agricultural research (7 U.S.C. 450i(c)); $15,048,000 for special grants for agricultural research on improved pest control (7 U.S.C. 450i(c)); $105,411,000 for competitive research grants (7 U.S.C. 450i(b)); $5,109,000 for the support of animal health and disease programs (7 U.S.C. 3195); $750,000 for supplemental and alternative crops and products (7 U.S.C. 3319d); $600,000 for grants for research pursuant to the Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) and section 1472 of the Food and Agriculture Act of 1977 (7 U.S.C. 3318), to remain available until expended; $3,000,000 for higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), to remain available until expended (7 U.S.C. 2209b); $4,350,000 for higher education challenge grants (7 U.S.C. 3152(b)(1)); $1,000,000 for a higher education multicultural scholars program (7 U.S.C. 3152(b)(5)), to remain available until expended (7 U.S.C. 2209b); $2,850,000 for an education grants program for Hispanic- serving Institutions (7 U.S.C. 3241); $500,000 for a secondary agriculture education program and two-year post-secondary education (7 U.S.C. 3152 (h)); $4,000,000 for aquaculture grants (7 U.S.C. 3322); $8,000,000 for sustainable agriculture research and education (7 U.S.C. 5811); $9,200,000 for a program of capacity building grants (7 U.S.C. 3152(b)(4)) to colleges eligible to receive funds under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee University, to remain available until expended (7 U.S.C. 2209b); $1,552,000 for payments to the 1994 Institutions pursuant to section 534(a)(1) of Public Law 103-382; and $10,888,000 for necessary expenses of Research and Education Activities, of which not to exceed $100,000 shall be for employment under 5 U.S.C. 3109; in all, $467,327,000. None of the funds in the foregoing paragraph shall be available to carry out research related to the production, processing or marketing of tobacco or tobacco products. native american institutions endowment fund For establishment of a Native American institutions endowment fund, as authorized by Public Law 103-382 (7 U.S.C. 301 note), $4,600,000. extension activities Payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, Northern Marianas, and American Samoa: for payments for cooperative extension work under the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of said Act, and under section 208(c) of Public Law 93-471, for retirement and employees' compensation costs for extension agents and for costs of penalty mail for cooperative extension agents and State extension directors, $276,548,000; payments for extension work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $2,060,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act, $58,695,000; payments for the pest management program under section 3(d) of the Act, $10,783,000; payments for the farm safety program under section 3(d) of the Act, $3,000,000; payments for the pesticide impact assessment program under section 3(d) of the Act, $3,214,000; payments to upgrade research, extension, and teaching facilities at the 1890 land-grant colleges, including Tuskegee University, as authorized by section 1447 of Public Law 95-113 (7 U.S.C. 3222b), $8,426,000, to remain available until expended; payments for the rural development centers under section 3(d) of the Act, $908,000; payments for a groundwater quality program under section 3(d) of the Act, $9,561,000; payments for youth-at-risk programs under section 3(d) of the Act, $9,000,000; payments for a food safety program under section 3(d) of the Act, $7,365,000; payments for carrying out the provisions of the Renewable Resources Extension Act of 1978, $3,192,000; payments for Indian reservation agents under section 3(d) of the Act, $1,714,000; payments for sustainable agriculture programs under section 3(d) of the Act, $3,309,000; payments for rural health and safety education as authorized by section 2390 of Public Law 101- 624 (7 U.S.C. 2661 note, 2662), $2,628,000; payments for cooperative extension work by the colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-326 and 328) and Tuskegee University, $25,843,000; and for Federal administration and coordination including administration of the Smith-Lever Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), and section 1361(c) of the Act of October 3, 1980 (7 U.S.C. 301 note), and to coordinate and provide program leadership for the extension work of the Department and the several States and insular possessions, $12,741,000; in all, $438,987,000: Provided, That funds hereby appropriated pursuant to section 3(c) of the Act of June 26, 1953, and section 506 of the Act of June 23, 1972, shall not be paid to any State, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands, Micronesia, Northern Marianas, and American Samoa prior to availability of an equal sum from non-Federal sources for expenditure during the current fiscal year. integrated activities For the integrated research, education, and extension competitive grants programs, including necessary administrative expenses, $10,000,000. Office of the Under Secretary for Marketing and Regulatory Programs For necessary salaries and expenses of the Office of the Under Secretary for Marketing and Regulatory Programs to administer programs under the laws enacted by the Congress for the Animal and Plant Health Inspection Service, the Agricultural Marketing Service, and the Grain Inspection, Packers and Stockyards Administration, $618,000. Animal and Plant Health Inspection Service salaries and expenses (including transfers of funds) For expenses, not otherwise provided for, including those pursuant to the Act of February 28, 1947 (21 U.S.C. 114b-c), necessary to prevent, control, and eradicate pests and plant and animal diseases; to carry out inspection, quarantine, and regulatory activities; to discharge the authorities of the Secretary of Agriculture under the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426b); and to protect the environment, as authorized by law, $444,000,000, of which $4,105,000 shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds to the extent necessary to meet emergency conditions: Provided, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $40,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed four, of which two shall be for replacement only: Provided further, That, in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with the Act of February 28, 1947, and section 102 of the Act of September 21, 1944, and any unexpended balances of funds transferred for such emergency purposes in the next preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. In fiscal year 2000, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be credited to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services. Of the total amount available under this heading in fiscal year 2000, $87,000,000 shall be derived from user fees deposited in the Agricultural Quarantine Inspection User Fee Account. buildings and facilities For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 428a, $7,200,000, to remain available until expended. Agricultural Marketing Service marketing services For necessary expenses to carry on services related to consumer protection, agricultural marketing and distribution, transportation, and regulatory programs, as authorized by law, and for administration and coordination of payments to States, including field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225) and not to exceed $90,000 for employment under 5 U.S.C. 3109, $49,152,000, including funds for the wholesale market development program for the design and development of wholesale and farmer market facilities for the major metropolitan areas of the country: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701). limitation on administrative level Not to exceed $60,730,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Appropriations Committees. funds for strengthening markets, income, and supply (section 32) (including transfers of funds) Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c) shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in this Act; and (3) not more than $12,443,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961. payments to states and possessions For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,200,000. Grain Inspection, Packers and Stockyards Administration salaries and expenses For necessary expenses to carry out the provisions of the United States Grain Standards Act, for the administration of the Packers and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related to grain under the Agricultural Marketing Act of 1946, including field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 for employment under 5 U.S.C. 3109, $26,448,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. limitation on inspection and weighing services expenses Not to exceed $42,557,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Appropriations Committees. Office of the Under Secretary for Food Safety For necessary salaries and expenses of the Office of the Under Secretary for Food Safety to administer the laws enacted by the Congress for the Food Safety and Inspection Service, $446,000. Food Safety and Inspection Service For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, $652,955,000, and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1017 of Public Law 102-237: Provided, That this appropriation shall not be available for shell egg surveillance under section 5(d) of the Egg Products Inspection Act (21 U.S.C. 1034(d)): Provided further, That this appropriation shall be available for field employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $75,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building. Office of the Under Secretary for Farm and Foreign Agricultural Services For necessary salaries and expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services to administer the laws enacted by Congress for the Farm Service Agency, the Foreign Agricultural Service, the Risk Management Agency, and the Commodity Credit Corporation, $572,000. Farm Service Agency salaries and expenses (including transfers of funds) For necessary expenses for carrying out the administration and implementation of programs administered by the Farm Service Agency, $794,839,000: Provided, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further, That these funds shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $1,000,000 shall be available for employment under 5 U.S.C. 3109. state mediation grants For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987 (7 U.S.C. 5101-5106), $4,000,000. dairy indemnity program (including transfers of funds) For necessary expenses involved in making indemnity payments to dairy farmers for milk or cows producing such milk and manufacturers of dairy products who have been directed to remove their milk or dairy products from commercial markets because it contained residues of chemicals registered and approved for use by the Federal Government, and in making indemnity payments for milk, or cows producing such milk, at a fair market value to any dairy farmer who is directed to remove his milk from commercial markets because of: (1) the presence of products of nuclear radiation or fallout if such contamination is not due to the fault of the farmer; or (2) residues of chemicals or toxic substances not included under the first sentence of the Act of August 13, 1968 (7 U.S.C. 450j), if such chemicals or toxic substances were not used in a manner contrary to applicable regulations or labeling instructions provided at the time of use and the contamination is not due to the fault of the farmer, $450,000, to remain available until expended (7 U.S.C. 2209b): Provided, That none of the funds contained in this Act shall be used to make indemnity payments to any farmer whose milk was removed from commercial markets as a result of the farmer's willful failure to follow procedures prescribed by the Federal Government: Provided further, That this amount shall be transferred to the Commodity Credit Corporation: Provided further, That the Secretary is authorized to utilize the services, facilities, and authorities of the Commodity Credit Corporation for the purpose of making dairy indemnity disbursements. agricultural credit insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to be available from funds in the Agricultural Credit Insurance Fund, as follows: farm ownership loans, $559,422,000, of which $431,373,000 shall be for guaranteed loans; operating loans, $2,295,284,000, of which $1,697,842,000 shall be for unsubsidized guaranteed loans and $97,442,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as authorized by 25 U.S.C. 488, $1,028,000; for emergency insured loans, $53,000,000 to meet the needs resulting from natural disasters; and for boll weevil eradication program loans as authorized by 7 U.S.C. 1989, $100,000,000. For the cost of direct and guaranteed loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans, $7,243,000, of which $2,416,000 shall be for guaranteed loans; operating loans, $61,825,000, of which $23,940,000 shall be for unsubsidized guaranteed loans and $8,585,000 shall be for subsidized guaranteed loans; Indian tribe land acquisition loans as authorized by 25 U.S.C. 488, $21,000; and for emergency insured loans, $8,231,000 to meet the needs resulting from natural disasters. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $214,161,000, of which $209,861,000 shall be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''. Risk Management Agency For administrative and operating expenses, as authorized by the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 6933), $70,716,000: Provided, That not to exceed $700 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i). CORPORATIONS The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided. Federal Crop Insurance Corporation Fund For payments as authorized by section 516 of the Federal Crop Insurance Act, such sums as may be necessary, to remain available until expended (7 U.S.C. 2209b). Commodity Credit Corporation Fund reimbursement for net realized losses For fiscal year 2000, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed (estimated to be $14,368,000,000 in the President's fiscal year 2000 Budget Request (H. Doc. 106-3)), but not to exceed $14,368,000,000, pursuant to section 2 of the Act of August 17, 1961 (15 U.S.C. 713a-11). operations and maintenance for hazardous waste management For fiscal year 2000, the Commodity Credit Corporation shall not expend more than $5,000,000 for expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9607(g), and section 6001 of the Resource Conservation and Recovery Act, 42 U.S.C. 6961: Provided, That expenses shall be for operations and maintenance costs only and that other hazardous waste management costs shall be paid for by the USDA Hazardous Waste Management appropriation in this Act. TITLE II CONSERVATION PROGRAMS Office of the Under Secretary for Natural Resources and Environment For necessary salaries and expenses of the Office of the Under Secretary for Natural Resources and Environment to administer the laws enacted by the Congress for the Forest Service and the Natural Resources Conservation Service, $693,000. Natural Resources Conservation Service conservation operations For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $654,243,000, to remain available until expended (7 U.S.C. 2209b), of which not less than $6,124,000 is for snow survey and water forecasting and not less than $9,238,000 is for operation and establishment of the plant materials centers: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a: Provided further, That this appropriation shall be available for technical assistance and related expenses to carry out programs authorized by section 202(c) of title II of the Colorado River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That no part of this appropriation may be expended for soil and water conservation operations under the Act of April 27, 1935 in demonstration projects: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $25,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That qualified local engineers may be temporarily employed at per diem rates to perform the technical planning work of the Service (16 U.S.C. 590e-2). watershed surveys and planning For necessary expenses to conduct research, investigation, and surveys of watersheds of rivers and other waterways, and for small watershed investigations and planning, in accordance with the Watershed Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1009), $10,368,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $110,000 shall be available for employment under 5 U.S.C. 3109. watershed and flood prevention operations For necessary expenses to carry out preventive measures, including but not limited to research, engineering operations, methods of cultivation, the growing of vegetation, rehabilitation of existing works and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-1005 and 1007-1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in accordance with the provisions of laws relating to the activities of the Department, $99,443,000, to remain available until expended (7 U.S.C. 2209b) (of which up to $15,000,000 may be available for the watersheds authorized under the Flood Control Act approved June 22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): Provided, That not to exceed $47,000,000 of this appropriation shall be available for technical assistance: Provided further, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $200,000 shall be available for employment under 5 U.S.C. 3109: Provided further, That not to exceed $1,000,000 of this appropriation is available to carry out the purposes of the Endangered Species Act of 1973 (Public Law 93-205), including cooperative efforts as contemplated by that Act to relocate endangered or threatened species to other suitable habitats as may be necessary to expedite project construction. resource conservation and development For necessary expenses in planning and carrying out projects for resource conservation and development and for sound land use pursuant to the provisions of section 32(e) of title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607), the Act of April 27, 1935 (16 U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16 U.S.C. 3451-3461), $35,265,000, to remain available until expended (7 U.S.C. 2209b): Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be available for employment under 5 U.S.C. 3109. TITLE III RURAL DEVELOPMENT PROGRAMS Office of the Under Secretary for Rural Development For necessary salaries and expenses of the Office of the Under Secretary for Rural Development to administer programs under the laws enacted by the Congress for the Rural Housing Service, the Rural Business-Cooperative Service, and the Rural Utilities Service of the Department of Agriculture, $588,000. Rural Community Advancement Program (including transfers of funds) For the cost of direct loans, loan guarantees, and grants, as authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for sections 381E, 381G, 381H, 381N, and 381O of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009f), $666,103,000, to remain available until expended, of which $34,387,000 shall be for rural community programs described in section 381E(d)(1) of such Act; of which $579,216,000 shall be for the rural utilities programs described in sections 381E(d)(2), 306C(a)(2), and 306D of such Act; and of which $52,500,000 shall be for the rural business and cooperative development programs described in sections 381E(d)(3) and 310B(f) of such Act: Provided, That of the amount appropriated for rural community programs, $5,000,000 shall be made available for hazardous weather early warning systems; and $6,000,000 shall be available for a Rural Community Development Initiative: Provided further, That of the amount appropriated for the rural business and cooperative development programs, not to exceed $500,000 shall be made available for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development; and $5,000,000 shall be made available for partnership technical assistance grants to rural communities: Provided further, That of the amount appropriated for rural utilities programs, not to exceed $20,000,000 shall be for water and waste disposal systems to benefit the Colonias along the United States/Mexico border, including grants pursuant to section 306C of such Act; not to exceed $20,000,000 shall be for water and waste disposal systems for rural and native villages in Alaska pursuant to section 306D of such Act; not to exceed $16,215,000 shall be for technical assistance grants for rural waste systems pursuant to section 306(a)(14) of such Act; and not to exceed $5,300,000 shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That of the total amount appropriated, not to exceed $45,245,000 shall be available through June 30, 2000, for empowerment zones and enterprise communities, as authorized by Public Law 103-66, of which $2,106,000 shall be for rural community programs described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act; of which $34,704,000 shall be for the rural utilities programs described in section 381E(d)(2) of such Act; of which $8,435,000 shall be for the rural business and cooperative development programs described in section 381E(d)(3) of such Act: Provided further, That any obligated and unobligated balances available from prior years for the ``Rural Utilities Assistance Program'' account shall be transferred to and merged with this account. Rural Housing Service rural housing insurance fund program account (including transfers of funds) For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $4,537,632,000 for loans to section 502 borrowers, as determined by the Secretary, of which $3,200,000,000 shall be for unsubsidized guaranteed loans; $32,400,000 for section 504 housing repair loans; $100,000,000 for section 538 guaranteed multi-family housing loans; $25,000,000 for section 514 farm labor housing; $120,000,000 for section 515 rental housing; $5,152,000 for section 524 site loans; $7,503,000 for credit sales of acquired property, of which up to $1,250,000 may be for multi-family credit sales; and $5,000,000 for section 523 self-help housing land development loans. For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $133,620,000, of which $19,520,000 shall be for unsubsidized guaranteed loans; section 504 housing repair loans, $9,900,000; section 538 multi-family housing guaranteed loans, $480,000; section 514 farm labor housing, $11,308,000; section 515 rental housing, $47,616,000; section 524 site loans, $4,000; credit sales of acquired property, $874,000, of which up to $494,250 may be for multi-family credit sales; and section 523 self- help housing land development loans, $281,000: Provided, That of the total amount appropriated in this paragraph, $9,829,000 shall be for empowerment zones and enterprise communities, as authorized by Public Law 103-66, empowerment zones as authorized by Section 951 of the Taxpayer Relief Act of 1997 (Public Law 105-34), enterprise communities as authorized by Division A, Title VII, Section 766 of the Fiscal Year 1999 Omnibus Appropriations Act (Public Law 105-277), and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided further, That if such funds are not obligated for empowerment zones and enterprise communities by June 30, 2000, they shall remain available for other authorized purposes under this head. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $377,879,000, which shall be transferred to and merged with the appropriation for ``Rural Housing Service, Salaries and Expenses''. rental assistance program For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, as amended, $583,400,000; and, in addition, such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That of this amount, not more than $5,900,000 shall be available for debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Act, and not to exceed $10,000 per project for advances to nonprofit organizations or public agencies to cover direct costs (other than purchase price) incurred in purchasing projects pursuant to section 502(c)(5)(C) of the Act: Provided further, That agreements entered into or renewed during fiscal year 2000 shall be funded for a five-year period, although the life of any such agreement may be extended to fully utilize amounts obligated. mutual and self-help housing grants For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $28,000,000, to remain available until expended (7 U.S.C. 2209b): Provided, That of the total amount appropriated, $1,000,000 shall be for empowerment zones and enterprise communities, as authorized by Public Law 103-66, empowerment zones as authorized by Section 951 of the Taxpayer Relief Act of 1997 (Public Law 105-34), enterprise communities as authorized by Division A, Title VII, Section 766 of the Fiscal Year 1999 Omnibus Appropriations Act (Public Law 105-277), and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided further, That if such funds are not obligated for empowerment zones and enterprise communities by June 30, 2000, they shall remain available for other authorized purposes under this head. rural housing assistance grants For grants and contracts for housing for domestic farm labor, very low-income housing repair, supervisory and technical assistance, compensation for construction defects, and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, 1479(c), 1486, 1490e, and 1490m, $50,000,000, to remain available until expended: Provided, That of the total amount appropriated, $3,250,000 shall be for empowerment zones and enterprise communities, as authorized by Public Law 103-66, empowerment zones as authorized by Section 951 of the Taxpayer Relief Act of 1997 (Public Law 105-34), enterprise communities as authorized by Division A, Title VII, Section 766 of the Fiscal Year 1999 Omnibus Appropriations Act (Public Law 105- 277), and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones: Provided further, That if such funds are not obligated for empowerment zones and enterprise communities by June 30, 2000, they shall remain available for other authorized purposes under this head. salaries and expenses For necessary expenses of the Rural Housing Service, including administering the programs authorized by the Consolidated Farm and Rural Development Act, title V of the Housing Act of 1949, and cooperative agreements, $61,979,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $520,000 may be used for employment under 5 U.S.C. 3109: Provided further, That the Administrator may expend not more than $10,000 to provide modest nonmonetary awards to non-USDA employees. Rural Business-Cooperative Service rural development loan fund program account (including transfers of funds) For the cost of direct loans, $22,799,000, as authorized by the Rural Development Loan Fund (42 U.S.C. 9812(a)): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That these funds are available to subsidize gross obligations for the principal amount of direct loans of $52,495,000: Provided further, That of the total amount appropriated, $4,343,000 shall be available for the cost of direct loans for empowerment zones and enterprise communities, as authorized by Public Law 103-66, empowerment zones as authorized by Section 951 of the Taxpayer Relief Act of 1997 (Public Law 105-34), enterprise communities as authorized by Division A, Title VII, Section 766 of the Fiscal Year 1999 Omnibus Appropriations Act (Public Law 105-277), and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones, to subsidize gross obligations for the principal amount of direct loans, $10,000,000: Provided further, That if such funds are not obligated for empowerment zones and enterprise communities by June 30, 2000, they shall remain available for other authorized purposes under this head. In addition, for administrative expenses to carry out the direct loan programs, $3,337,000 shall be transferred to and merged with the appropriation for ``Rural Business-Cooperative Service, Salaries and Expenses''. rural economic development loans program account (including transfers of funds) For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $15,000,000. For the cost of direct loans, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, $3,453,000. Of the funds derived from interest on the cushion of credit payments in fiscal year 2000, as authorized by section 313 of the Rural Electrification Act of 1936, $3,453,000 shall not be obligated and $3,453,000 are rescinded. rural cooperative development grants For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932), $6,000,000, of which $1,500,000 shall be available for cooperative agreements for the appropriate technology transfer for rural areas program and $1,500,000 for cooperative research agreements. salaries and expenses For necessary expenses of the Rural Business-Cooperative Service, including administering the programs authorized by the Consolidated Farm and Rural Development Act; section 1323 of the Food Security Act of 1985; the Cooperative Marketing Act of 1926; for activities relating to the marketing aspects of cooperatives, including economic research findings, as authorized by the Agricultural Marketing Act of 1946; for activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $24,612,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $260,000 may be used for employment under 5 U.S.C. 3109. Rural Utilities Service rural electrification and telecommunications loans program account (including transfers of funds) Insured loans pursuant to the authority of section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5 percent rural electrification loans, $121,500,000; 5 percent rural telecommunications loans, $75,000,000; cost of money rural telecommunications loans, $300,000,000; municipal rate rural electric loans, $295,000,000; and loans made pursuant to section 306 of that Act, rural electric, $1,500,000,000 and rural telecommunications, $120,000,000, to remain available until expended. For the cost, as defined in section 502 of the Congressional Budget Act of 1974, including the cost of modifying loans, of direct and guaranteed loans authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of rural electric loans, $11,922,000, and the cost of telecommunications loans, $3,210,000: Provided, That notwithstanding section 305(d)(2) of the Rural Electrification Act of 1936, borrower interest rates may exceed 7 percent per year. In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $31,046,000, which shall be transferred to and merged with the appropriation for ``Rural Utilities Service, Salaries and Expenses''. rural telephone bank program account (including transfers of funds) The Rural Telephone Bank is hereby authorized to make such expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying out its authorized programs. During fiscal year 2000 and within the resources and authority available, gross obligations for the principal amount of direct loans shall be $175,000,000. For the cost, as defined in section 502 of the Congressional Budget Act of 1974, including the cost of modifying loans, of direct loans authorized by the Rural Electrification Act of 1936 (7 U.S.C. 935), $3,290,000. In addition, for administrative expenses necessary to carry out the loan programs, $3,000,000, which shall be transferred to and merged with the appropriation for ``Rural Utilities Service, Salaries and Expenses''. distance learning and telemedicine program For the cost of direct loans and grants, as authorized by 7 U.S.C. 950aaa et seq., $16,700,000, to remain available until expended, to be available for loans and grants for telemedicine and distance learning services in rural areas: Provided, That the costs of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974. salaries and expenses For necessary expenses of the Rural Utilities Service, including administering the programs authorized by the Rural Electrification Act of 1936, and the Consolidated Farm and Rural Development Act, and for cooperative agreements, $34,107,000: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $105,000 may be used for employment under 5 U.S.C. 3109. TITLE IV DOMESTIC FOOD PROGRAMS Office of the Under Secretary for Food, Nutrition and Consumer Services For necessary salaries and expenses of the Office of the Under Secretary for Food, Nutrition and Consumer Services to administer the laws enacted by the Congress for the Food and Nutrition Service, $554,000. Food and Nutrition Service child nutrition programs (including transfers of funds) For necessary expenses to carry out the National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $9,547,028,000, to remain available through September 30, 2001, of which $4,611,829,000 is hereby appropriated and $4,935,199,000 shall be derived by transfer from funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made available under this heading shall be used for studies and evaluations: Provided further, That up to $4,363,000 shall be available for independent verification of school food service claims: Provided further, That none of the funds under this heading shall be available unless the value of bonus commodities provided under section 32 of the Act of August 24, 1935 (49 Stat. 774, chapter 641; 7 U.S.C. 612c), and section 416 of the Agricultural Act of 1949 (7 U.S.C. 1431) is included in meeting the minimum commodity assistance requirement of section 6(g) of the National School Lunch Act (42 U.S.C. 1755(g)). special supplemental nutrition program for women, infants, and children (wic) For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $4,005,000,000, to remain available through September 30, 2001: Provided, That none of the funds made available under this heading shall be used for studies and evaluations: Provided further, That of the total amount available, the Secretary shall obligate $10,000,000 for the farmers' market nutrition program within 45 days of the enactment of this Act, and an additional $5,000,000 for the farmers' market nutrition program from any funds not needed to maintain current caseload levels: Provided further, That none of the funds in this Act shall be available to pay administrative expenses of WIC clinics except those that have an announced policy of prohibiting smoking within the space used to carry out the program: Provided further, That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of the Child Nutrition Act of 1966. food stamp program For necessary expenses to carry out the Food Stamp Act (7 U.S.C. 2011 et seq.), $21,577,444,000, of which $100,000,000 shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided, That none of the funds made available under this head shall be used for studies and evaluations: Provided further, That funds provided herein shall be expended in accordance with section 16 of the Food Stamp Act: Provided further, That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further, That funds made available for Employment and Training under this head shall remain available until expended, as authorized by section 16(h)(1) of the Food Stamp Act. commodity assistance program For necessary expenses to carry out the commodity supplemental food program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note) and the Emergency Food Assistance Act of 1983, $141,000,000, to remain available through September 30, 2001: Provided, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program. food donations programs For necessary expenses to carry out section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); special assistance for the nuclear affected islands as authorized by section 103(h)(2) of the Compacts of Free Association Act of 1985, as amended; and section 311 of the Older Americans Act of 1965 (42 U.S.C. 3030a), $141,081,000, to remain available through September 30, 2001. food program administration For necessary administrative expenses of the domestic food programs funded under this Act, $108,561,000, of which $5,000,000 shall be available only for simplifying procedures, reducing overhead costs, tightening regulations, improving food stamp coupon handling, and assistance in the prevention, identification, and prosecution of fraud and other violations of law: Provided, That this appropriation shall be available for employment pursuant to the second sentence of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed $150,000 shall be available for employment under 5 U.S.C. 3109. TITLE V FOREIGN ASSISTANCE AND RELATED PROGRAMS Foreign Agricultural Service and General Sales Manager (including transfers of funds) For necessary expenses of the Foreign Agricultural Service, including carrying out title VI of the Agricultural Act of 1954 (7 U.S.C. 1761-1768), market development activities abroad, and for enabling the Secretary to coordinate and integrate activities of the Department in connection with foreign agricultural work, including not to exceed $128,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $137,768,000: Provided, That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C. 1736) and the foreign assistance programs of the United States Agency for International Development. None of the funds in the foregoing paragraph shall be available to promote the sale or export of tobacco or tobacco products. Public Law 480 Program Account For the cost, as defined in section 502 of the Congressional Budget Act of 1974, of Public Law 83-480 title I credit agreements, including the cost of modifying credit arrangements under said Act, $165,400,000, to remain available until expended. In addition, for administrative expenses to carry out such title I credit program, and the Food for Progress Act of 1985, as amended, to the extent funds appropriated for Public Law 83-480 are utilized, $1,938,000, of which not to exceed $1,093,000 may be transferred to and merged with ``Salaries and Expenses'', Foreign Agricultural Service, and of which not to exceed $845,000 may be transferred to and merged with ``Salaries and Expenses'', Farm Service Agency (7 U.S.C. 1691, 1701-04, 1731-36g-3, 2209b). Public Law 480 Title I Ocean Freight Differential Grants For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon under the Agricultural Trade Development and Assistance Act of 1954, as amended, $14,000,000, to remain available until expended for ocean freight differential costs for the shipment of agricultural commodities pursuant to title I of said Act, including Food for Progress programs as authorized by the Food for Progress Act of 1985, as amended: Provided, That funds made available for the cost of title I agreements and for title I ocean freight differential may be used interchangeably between the two accounts (7 U.S.C. 1701b, 2209b). Public Law 480 Grants--Titles II and III (including transfers of funds) For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Agricultural Trade Development and Assistance Act of 1954, as amended, $837,000,000 for commodities supplied in connection with dispositions abroad pursuant to title II of said Act: Provided, That sums made available to carry out title II or title III of said Act shall remain available until September 30, 2003 (7 U.S.C. 1691, 1721- 26a, 1727-27e, 1731-36g-3, 1737, 2209b). Of the funds made available by this Act to carry out the Agricultural Trade Development and Assistance Act of 1954, not to exceed 15 percent of the funds made available to carrry out any title of said Act may be used to carry out any other title of said Act. Commodity Credit Corporation Export Loans Program Account (including transfers of funds) For administrative expenses to carry out the Commodity Credit Corporation's export guarantee program, GSM 102 and GSM 103, $4,085,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $3,413,000 may be transferred to and merged with the appropriation for ``Foreign Agricultural Service and General Sales Manager'' and $672,000 may be transferred to and merged with the appropriation for ``Farm Service Agency, Salaries and Expenses''. TITLE VI FOOD AND DRUG ADMINISTRATION AND RELATED AGENCIES DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration salaries and expenses For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92-313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; and for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; $1,218,384,000, of which not to exceed $145,434,000 in prescription drug user fees authorized by 21 U.S.C. 379(h) may be credited to this appropriation and remain available until expended: Provided, That no more than $100,180,000 shall be for payments to the General Services Administration for rent and related costs. In addition, mammography user fees authorized by 42 U.S.C. 263(b) may be credited to this account, to remain available until expended. In addition, export certification user fees authorized by 21 U.S.C. 381 may be credited to this account, to remain available until expended. buildings and facilities For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $31,750,000, to remain available until expended (7 U.S.C. 2209b). INDEPENDENT AGENCIES Commodity Futures Trading Commission For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of passenger motor vehicles; the rental of space (to include multiple year leases) in the District of Columbia and elsewhere; and not to exceed $25,000 for employment under 5 U.S.C. 3109, $65,000,000, including not to exceed $2,000 for official reception and representation expenses: Provided, That the Commission is authorized to charge reasonable fees to attendees of Commission sponsored educational events and symposia to cover the Commission's costs of providing those events and symposia, and notwithstanding 31 U.S.C. 3302, said fees shall be credited to this account, to be available without further appropriation. FARM CREDIT ADMINISTRATION Limitation on Administrative Expenses Not to exceed $35,800,000 (from assessments collected from farm credit institutions and from the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated with receiverships. TITLE VII--GENERAL PROVISIONS Sec. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the fiscal year 2000 under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 365 passenger motor vehicles, of which 361 shall be for replacement only, and for the hire of such vehicles. Sec. 702. Funds in this Act available to the Department of Agriculture shall be available for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901-5902). Sec. 703. Not less than $1,500,000 of the appropriations of the Department of Agriculture in this Act for research and service work authorized by the Acts of August 14, 1946, and July 28, 1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 of title 31, United States Code, shall be available for contracting in accordance with said Acts and chapter. Sec. 704. The cumulative total of transfers to the Working Capital Fund for the purpose of accumulating growth capital for data services and National Finance Center operations shall not exceed $2,000,000: Provided, That no funds in this Act appropriated to an agency of the Department shall be transferred to the Working Capital Fund without the approval of the agency administrator. Sec. 705. New obligational authority provided for the following appropriation items in this Act shall remain available until expended (7 U.S.C. 2209b): Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, fruit fly program, integrated systems acquisition project, boll weevil program, up to 10 percent of the screwworm program, and up to $2,000,000 for costs associated with collocating regional offices; Farm Service Agency, salaries and expenses funds made available to county committees; and Foreign Agricultural Service, middle-income country training program. New obligational authority for the Food Safety and Inspection Service, field automation and information management project; funds appropriated for rental payments; funds for the Native American Institutions Endowment Fund in the Cooperative State Research, Education, and Extension Service; and funds for the competitive research grants (7 U.S.C. 450i(b)), shall remain available until expended. Sec. 706. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. Sec. 707. Not to exceed $50,000 of the appropriations available to the Department of Agriculture in this Act shall be available to provide appropriate orientation and language training pursuant to Public Law 94-449. Sec. 708. No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act. Sec. 709. Notwithstanding any other provision of this Act, commodities acquired by the Department in connection with Commodity Credit Corporation and section 32 price support operations may be used, as authorized by law (15 U.S.C. 714c and 7 U.S.C. 612c), to provide commodities to individuals in cases of hardship as determined by the Secretary of Agriculture. Sec. 710. None of the funds in this Act shall be available to restrict the authority of the Commodity Credit Corporation to lease space for its own use or to lease space on behalf of other agencies of the Department of Agriculture when such space will be jointly occupied. Sec. 711. None of the funds in this Act shall be available to pay indirect costs charged against agricultural research, education, or extension grant awards issued by the Cooperative State Research, Education, and Extension Service that exceed 19 percent of total Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the Cooperative State Research, Education, and Extension Service shall be available to pay full allowable indirect costs for each grant awarded under the Small Business Innovation Development Act of 1982, Public Law 97-219 (15 U.S.C. 638). Sec. 712. Notwithstanding any other provision of this Act, all loan levels provided in this Act shall be considered estimates, not limitations. Sec. 713. Appropriations for the Rural Housing Insurance Fund Program Account for the cost of direct and guaranteed loans made available in fiscal years 1994, 1995, 1996, 1997, 1998, and 1999 shall remain available until expended to cover obligations made in each of those fiscal years respectively in accordance with 31 U.S.C. 1557. Sec. 714. Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in fiscal year 2000 shall remain available until expended to cover obligations made in fiscal year 2000 for the following accounts: the rural development loan fund program account; the Rural Telephone Bank program account; the rural electrification and telecommunications loans program account; the Rural Housing Insurance Fund Program Account; and the rural economic development loans program account. Sec. 715. Such sums as may be necessary for fiscal year 2000 pay raises for programs funded by this Act shall be absorbed within the levels appropriated by this Act. Sec. 716. Notwithstanding the Federal Grant and Cooperative Agreement Act, marketing services of the Agricultural Marketing Service; Grain Inspection, Packers and Stockyards Administration; the Animal and Plant Health Inspection Service; and the food safety activities of the Food Safety and Inspection Service may use cooperative agreements to reflect a relationship between the Agricultural Marketing Service, the Grain Inspection, Packers and Stockyards Administration, the Animal and Plant Health Inspection Service, or the Food Safety and Inspection Service and a State or Cooperator to carry out agricultural marketing programs, to carry out programs to protect the Nation's animal and plant resources, or to carry out educational programs or special studies to improve the safety of the Nation's food supply. Sec. 717. Notwithstanding the Federal Grant and Cooperative Agreement Act, the Natural Resources Conservation Service may enter into contracts, grants, or cooperative agreements with a State agency or subdivision, or a public or private organization, for the acquisition of goods or services, including personal services, to carry out natural resources conservation activities: Provided, That Commodity Credit Corporation funds obligated for such purposes shall not exceed the level obligated by the Commodity Credit Corporation for such purposes in fiscal year 1998. Sec. 718. None of the funds in this Act may be used to retire more than 5 percent of the Class A stock of the Rural Telephone Bank or to maintain any account or subaccount within the accounting records of the Rural Telephone Bank the creation of which has not specifically been authorized by statute: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available in this Act may be used to transfer to the Treasury or to the Federal Financing Bank any unobligated balance of the Rural Telephone Bank telephone liquidating account which is in excess of current requirements and such balance shall receive interest as set forth for financial accounts in section 505(c) of the Federal Credit Reform Act of 1990. Sec. 719. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants: Provided, That interagency funding is authorized to carry out the purposes of the National Drought Policy Commission. Sec. 720. None of the funds appropriated in this Act may be used to carry out the provisions of section 918 of Public Law 104-127, the Federal Agriculture Improvement and Reform Act. Sec. 721. No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act to any other agency or office of the Department for more than 30 days unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment. Sec. 722. None of the funds appropriated or otherwise made available to the Department of Agriculture shall be used to transmit or otherwise make available to any non-Department of Agriculture employee questions or responses to questions that are a result of information requested for the appropriations hearing process. Sec. 723. None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the prior approval of the Committee on Appropriations of both Houses of Congress. Sec. 724. (a) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2000, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds which: (1) creates new programs; (2) eliminates a program, project, or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Committee on Appropriations of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds. (b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2000, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or (3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Committee on Appropriations of both Houses of Congress are notified fifteen days in advance of such reprogramming of funds. Sec. 725. None of the funds appropriated or otherwise made available by this Act or any other Act may be used to pay the salaries and expenses of personnel to carry out the Fund for Rural America Program, authorized by section 793 of Public Law 104-127, with the exception of funds made available under that section on January 1, 1997. Sec. 726. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel who carry out an environmental quality incentives program authorized by sections 334-341 of Public Law 104-127 in excess of $174,000,000. Sec. 727. None of the funds appropriated or otherwise available to the Department of Agriculture may be used to administer the provision of contract payments to a producer under the Agricultural Market Transition Act (7 U.S.C. 7201 et seq.) for contract acreage on which wild rice is planted unless the contract payment is reduced by an acre for each contract acre planted to wild rice. Sec. 728. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel to enroll in excess of 120,000 acres in the fiscal year 2000 wetlands reserve program as authorized by 16 U.S.C. 3837. Sec. 729. None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the provisions of section 401 of Public Law 105-185, the Initiative for Future Agriculture and Food Systems. Sec. 730. Notwithstanding section 381A of the Consolidated Farm and Rural Development Act (7 U.S.C. 2009), the definitions of rural areas for certain business programs administered by the Rural Business- Cooperative Service and the community facilities programs administered by the Rural Housing Service shall be those provided for in statute and regulations prior to the enactment of Public Law 104-127. Sec. 731. None of the funds appropriated or otherwise made available by this Act shall be used to carry out any commodity purchase program that would prohibit eligibility or participation by farmer- owned cooperatives. Sec. 732. None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel to carry out a conservation farm option program, as authorized by section 335 of Public Law 104-127. Sec. 733. None of the funds appropriated by this Act or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's Budget submission to the Congress of the United States for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2001 appropriations Act. Sec. 734. None of the funds appropriated or otherwise made available by this Act shall be used to establish an Office of Community Food Security or any similar office within the United States Department of Agriculture without the prior approval of the Committee on Appropriations of both Houses of Congress. Sec. 735. None of the funds appropriated or otherwise made available by this or any other Act may be used to carry out the provisions of section 612 of Public Law 105-185, the National Swine Research Center. Sec. 736. (a) None of the funds appropriated or otherwise made available by this Act shall be used to pay the salaries and expenses of personnel to carry out the emergency food assistance program authorized by section 27(a) of the Food Stamp Act (7 U.S.C. 2036(a)) if such program exceeds $99,000,000. (b) In addition to amounts otherwise appropriated or made available by this Act, $1,000,000 is appropriated for the purpose of providing Bill Emerson and Mickey Leland Hunger Fellowships through the Congressional Hunger Center, which is an organization described in subsection (c)(3) of section 501 of the Internal Revenue Code of 1986 and is exempt from taxation under subsection (a) of such section. Sec. 737. None of the funds appropriated by this Act shall be used to propose or issue rules, regulations, decrees, or orders for the purpose of implementation, or in preparation for implementation of the Kyoto Protocol which was adopted on December 11, 1997, in Kyoto, Japan. This Act may be cited as the ``Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2000''. Union Calendar No. 87 106th CONGRESS 1st Session H. R. 1906 [Report No. 106-157] _______________________________________________________________________ A BILL Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 2000, and for other purposes. _______________________________________________________________________ May 21, 1999 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

usgpo

2024-06-24T03:05:46.322175

BILLS-106hr1913ih

Pesticide Registration Harmonization Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1913 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1913 To authorize registration of Canadian pesticides for agricultural crops. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 24, 1999 Mr. Pomeroy (for himself, Mr. Hill of Montana, and Mr. Baldacci) introduced the following bill; which was referred to the Committee on Agriculture _______________________________________________________________________ A BILL To authorize registration of Canadian pesticides for agricultural crops. 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 ``Pesticide Registration Harmonization Act of 1999''. SEC. 2. SENSE OF CONGRESS RELATING TO HARMONIZATION OF REGISTRATION OF CERTAIN PESTICIDES FOR USE ON AGRICULTURAL CROPS. (a) Sense of Congress.--It is the sense of Congress that the President should direct the United States representative to the United States-Canada Technical Working Group (hereafter referred to as ``TWG'') to use the voice and vote of the United States to urge the TWG to make the harmonization of registration of pesticides described in subsection (b) the highest priority. (b) Pesticide Defined.--For purposes of this Act, a pesticide is a crop protection product which is registered in Canada for use on agricultural crops and which is not registered in the United States for use on such crops but is registered in the United States for other food use crops. SEC. 3. ACCEPTANCE OF REGISTRATION FOR CERTAIN PESTICIDES. (a) Acceptance of Registration.--Within 180 days of receiving a written request from the registrant of a pesticide in Canada, the Administrator of the Environmental Protection Agency (hereafter referred to as the ``Administrator'') shall accept registration of the pesticide for use in the United States on the same crops as it is registered for in Canada unless the Administrator determines that substantial evidence exists to preclude United States acceptance of the registration. (b) Acceptance Requirement.--To be eligible for acceptance of a pesticide under subsection (a), the registrant shall submit with its request-- (1) copies of all the data and other registration materials submitted to and approved by the Pesticide Management and Registration Agency of Canada; and (2) an estimate of the expected use of the pesticide on the crops subject to acceptance and an explanation of how total use of the pesticide on all crops will be made to conform with the applicable requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. (c) Priorities.--In deciding whether to accept a registration, the Administrator shall take into account the priority of harmonizing registrations of pesticides between the United States and Canada, as established in the Canada-United States Trade Agreement and the North American Free Trade Agreement. A request submitted under this section for pesticide registration shall not be counted against any other priority submitted by a registrant. (d) Denial.--In the event registration of a pesticide is denied, the Administrator shall publicly identify the reasons and causes for the denial. SEC. 4. REPORT TO CONGRESS. Not later than 1 year after the date of enactment of the Act, and every year thereafter, the United States representative to the TWG shall report to appropriate committees of Congress on the status of TWG efforts to harmonize registrations of pesticides for use on agricultural crops in the United States and Canada. <all>

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2024-06-24T03:05:46.382605

BILLS-106hr1907ih

American Inventors Protection Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1907 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1907 To amend title 35, United States Code, to provide enhanced protection for inventors and innovators, protect patent terms, reduce patent litigation, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 24, 1999 Mr. Coble (for himself, Mr. Berman, Mr. Hyde, Mr. Conyers, Mr. Rohrabacher, Mr. Campbell, Mr. Goodlatte, Mr. Lofgren, Mr. Delahunt, Mr. Pease, Mr. Wexler, and Mr. Gallegly) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 35, United States Code, to provide enhanced protection for inventors and innovators, protect patent terms, reduce patent litigation, 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 ``American Inventors Protection Act of 1999''. SEC. 2. TABLE OF CONTENTS. The table of contents is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I--INVENTORS' RIGHTS Sec. 101. Short title. Sec. 102. Invention promotion services. Sec. 103. Effective date. TITLE II--FIRST INVENTOR DEFENSE Sec. 201. Short title. Sec. 202. Defense to patent infringement based on earlier inventor. Sec. 203. Effective date and applicability. TITLE III--PATENT TERM GUARANTEE Sec. 301. Short title. Sec. 302. Patent term guarantee authority. Sec. 303. Continued examination of patent applications. Sec. 304. Technical clarification. Sec. 305. Effective date. TITLE IV--UNITED STATES PUBLICATION OF PATENT APPLICATIONS PUBLISHED ABROAD Sec. 401. Short title. Sec. 402. Publication. Sec. 403. Time for claiming benefit of earlier filing date. Sec. 404. Provisional rights. Sec. 405. Prior art effect of published applications. Sec. 406. Cost recovery for publication. Sec. 407. Conforming amendments. Sec. 408. Effective date. TITLE V--PATENT LITIGATION REDUCTION ACT Sec. 501. Short title. Sec. 502. Definitions. Sec. 503. Reexamination procedures. Sec. 504. Conforming amendments. Sec. 505. Report to Congress. Sec. 506. Effective date. TITLE VI--PATENT AND TRADEMARK OFFICE Sec. 601. Short title. Subtitle A--United States Patent and Trademark Office Sec. 611. Establishment of Patent and Trademark Office. Sec. 612. Powers and duties. Sec. 613. Organization and management. Sec. 614. Personnel flexibility. Sec. 615. Public Advisory Committees. Sec. 616. Patent and Trademark Office funding. Sec. 617. Conforming amendments. Sec. 618. Trademark Trial and Appeal Board. Sec. 619. Board of Patent Appeals and Interferences. Sec. 620. Annual report of Director. Sec. 621. Suspension or exclusion from practice. Sec. 622. Pay of Director. Subtitle B--Effective Date; Technical Amendments Sec. 631. Effective date. Sec. 632. Technical and conforming amendments. Subtitle C--Miscellaneous Provisions Sec. 641. References. Sec. 642. Exercise of authorities. Sec. 643. Savings provisions. Sec. 644. Transfer of assets. Sec. 645. Delegation and assignment. Sec. 646. Authority of Director of the Office of Management and Budget with respect to functions transferred. Sec. 647. Certain vesting of functions considered transfers. Sec. 648. Availability of existing funds. Sec. 649. Definitions. TITLE VII--MISCELLANEOUS PATENT PROVISIONS Sec. 701. Provisional applications. Sec. 702. International applications. Sec. 703. Certain limitations on damages for patent infringement not applicable. Sec. 704. Electronic filing. Sec. 705. Study and report on biological deposits in support of biotechnology patents. Sec. 706. Prior invention. Sec. 707. Prior art exclusion for certain commonly assigned patents. TITLE I--INVENTORS' RIGHTS SEC. 101. SHORT TITLE. This title may be cited as the ``Inventors' Rights Act''. SEC. 102. INVENTION PROMOTION SERVICES. Part I of title 35, United States Code, is amended by adding after chapter 4 the following chapter: ``CHAPTER 5--INVENTION PROMOTION SERVICES ``Sec. ``51. Definitions. ``52. Contracting requirements. ``53. Standard provisions for cover notice. ``54. Reports to customer required. ``55. Mandatory contract terms. ``56. Remedies. ``57. Records of complaints. ``58. Fraudulent representation by an invention promoter. ``59. Rule of construction. ``Sec. 51. Definitions ``For purposes of this chapter-- ``(1) the term `contract for invention promotion services' means a contract by which an invention promoter undertakes invention promotion services for a customer; ``(2) the term `customer' means any person, firm, partnership, corporation, or other entity who enters into a financial relationship or a contract with an invention promoter for invention promotion services; ``(3) the term `invention promoter' means any person, firm, partnership, corporation, or other entity who offers to perform or performs for, or on behalf of, a customer any act described under paragraph (4), but does not include-- ``(A) any department or agency of the Federal Government or of a State or local government; ``(B) any nonprofit, charitable, scientific, or educational organization, qualified under applicable State law or described under section 170(b)(1)(A) of the Internal Revenue Code of 1986; or ``(C) any person duly registered with, and in good standing before, the United States Patent and Trademark Office acting within the scope of that person's registration to practice before the Patent and Trademark Office, except when that person performs any act described in subparagraph (B) or (C) of paragraph (4); and ``(4) the term `invention promotion services' means, with respect to an invention by a customer, any act involved in-- ``(A) evaluating the invention to determine its protectability as some form of intellectual property, other than evaluation by a person licensed by a State to practice law who is acting solely within the scope of that person's professional license; ``(B) evaluating the invention to determine its commercial potential by any person for purposes other than providing venture capital; or ``(C) marketing, brokering, offering to license or sell, or promoting the invention or a product or service in which the invention is incorporated or used, except that the display only of an invention at a trade show or exhibit shall not be considered to be invention promotion services. ``Sec. 52. Contracting requirements ``(a) In General.--(1) Every contract for invention promotion services shall be in writing and shall be subject to the provisions of this chapter. A copy of the signed written contract shall be given to the customer at the time the customer enters into the contract. ``(2) If a contract is entered into for the benefit of a third party, the identity and address of such party shall be disclosed by such party's agent and such party shall be considered a customer for purposes of this chapter. ``(b) Requirements of Invention Promoter.--The invention promoter shall-- ``(1) state in a written document, at the time a customer enters into a contract for invention promotion services, whether the usual business practice of the invention promoter is to-- ``(A) seek more than 1 contract in connection with an invention; or ``(B) seek to perform services in connection with an invention in 1 or more phases, with the performance of each phase covered in 1 or more subsequent contracts; and ``(2) supply to the customer a copy of the written document together with a written summary of the usual business practices of the invention promoter, including-- ``(A) the usual business terms of contracts; and ``(B) the approximate amount of the usual fees or other consideration that may be required from the customer for each of the services provided by the invention promoter. ``(c) Right of Customer To Cancel Contract.--(1) Notwithstanding any contractual provision to the contrary, a customer shall have the right to terminate a contract for invention promotion services by sending a written letter to the invention promoter stating the customer's intent to cancel the contract. The letter of termination must be deposited with the United States Postal Service on or before 5 business days after the date upon which the customer or the invention promoter executes the contract, whichever is later. ``(2) Delivery of a promissory note, check, bill of exchange, or negotiable instrument of any kind to the invention promoter or to a third party for the benefit of the invention promoter, without regard to the date or dates appearing in such instrument, shall be deemed payment received by the invention promoter on the date received for purposes of this section. ``Sec. 53. Standard provisions for cover notice ``(a) Contents.--Every contract for invention promotion services shall have a conspicuous and legible cover sheet attached with the following notice imprinted in boldface type of not less than 12-point size: `YOU HAVE THE RIGHT TO TERMINATE THIS CONTRACT. TO TERMINATE THIS CONTRACT, YOU MUST SEND A WRITTEN LETTER TO THE COMPANY STATING YOUR INTENT TO CANCEL THIS CONTRACT. `THE LETTER OF TERMINATION MUST BE DEPOSITED WITH THE UNITED STATES POSTAL SERVICE ON OR BEFORE FIVE (5) BUSINESS DAYS AFTER THE DATE ON WHICH YOU OR THE COMPANY EXECUTE THE CONTRACT, WHICHEVER IS LATER. `THE TOTAL NUMBER OF INVENTIONS EVALUATED BY THE INVENTION PROMOTER FOR COMMERCIAL POTENTIAL IN THE PAST FIVE (5) YEARS IS XXXXX. OF THAT NUMBER, XXXXX RECEIVED POSITIVE EVALUATIONS AND XXXXX RECEIVED NEGATIVE EVALUATIONS. `IF YOU ASSIGN EVEN A PARTIAL INTEREST IN THE INVENTION TO THE INVENTION PROMOTER, THE INVENTION PROMOTER MAY HAVE THE RIGHT TO SELL OR DISPOSE OF THE INVENTION WITHOUT YOUR CONSENT AND MAY NOT HAVE TO SHARE THE PROFITS WITH YOU. `THE TOTAL NUMBER OF CUSTOMERS WHO HAVE CONTRACTED WITH THE INVENTION PROMOTER IN THE PAST FIVE (5) YEARS IS XXXXX. THE TOTAL NUMBER OF CUSTOMERS KNOWN BY THIS INVENTION PROMOTER TO HAVE RECEIVED, BY VIRTUE OF THIS INVENTION PROMOTER'S PERFORMANCE, AN AMOUNT OF MONEY IN EXCESS OF THE AMOUNT PAID BY THE CUSTOMER TO THIS INVENTION PROMOTER IS XXXXXXX. AS A RESULT OF THE EFFORTS OF THIS INVENTION PROMOTER, XXXXX NUMBER OF CUSTOMERS HAVE RECEIVED LICENSE AGREEMENTS FOR THEIR INVENTIONS. `THE OFFICERS OF THIS INVENTION PROMOTER HAVE COLLECTIVELY OR INDIVIDUALLY BEEN AFFILIATED IN THE LAST TEN (10) YEARS WITH THE FOLLOWING INVENTION PROMOTION COMPANIES: (LIST THE NAMES AND ADDRESSES OF ALL PREVIOUS INVENTION PROMOTION COMPANIES WITH WHICH THE PRINCIPAL OFFICERS HAVE BEEN AFFILIATED AS OWNERS, AGENTS, OR EMPLOYEES). YOU ARE ENCOURAGED TO CHECK WITH THE UNITED STATES PATENT AND TRADEMARK OFFICE, THE FEDERAL TRADE COMMISSION, YOUR STATE ATTORNEY GENERAL'S OFFICE, AND THE BETTER BUSINESS BUREAU FOR ANY COMPLAINTS FILED AGAINST ANY OF THESE COMPANIES WHICH RESULTED IN REGULATORY SANCTIONS OR OTHER CORRECTIVE ACTIONS. `YOU ARE ENCOURAGED TO CONSULT WITH AN ATTORNEY OF YOUR OWN CHOOSING BEFORE SIGNING THIS CONTRACT. BY PROCEEDING WITHOUT THE ADVICE OF AN ATTORNEY REGISTERED TO PRACTICE BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE, YOU COULD LOSE ANY RIGHTS YOU MIGHT HAVE IN YOUR IDEA OR INVENTION.'. ``(b) Other Requirements for Cover Notice.--The cover notice shall contain the items required under subsection (a) and the name, primary office address, and local office address of the invention promoter, and may contain no other matter. ``(c) Disclosure of Certain Customers Not Required.--The requirement in the notice set forth in subsection (a) to include the `TOTAL NUMBER OF CUSTOMERS WHO HAVE CONTRACTED WITH THE INVENTION PROMOTER IN THE PAST FIVE (5) YEARS' need not include information with respect to customers who have purchased trade show services, research, advertising, or other nonmarketing services from the invention promoter, nor with respect to customers who have defaulted in their payment to the invention promoter. ``Sec. 54. Reports to customer required ``With respect to every contract for invention promotion services, the invention promoter shall deliver to the customer at the address specified in the contract, at least once every 3 months throughout the term of the contract, a written report that identifies the contract and includes-- ``(1) a full, clear, and concise description of the services performed to the date of the report and of the services yet to be performed and names of all persons who it is known will perform the services; and ``(2) the name and address of each person, firm, corporation, or other entity to whom the subject matter of the contract has been disclosed, the reason for each such disclosure, the nature of the disclosure, and complete and accurate summaries of all responses received as a result of those disclosures. ``Sec. 55. Mandatory contract terms ``(a) Mandatory Terms.--Each contract for invention promotion services shall include in boldface type of not less than 12-point size-- ``(1) the terms and conditions of payment and contract termination rights required under section 52; ``(2) a statement that the customer may avoid entering into the contract by not making the initial payment to the invention promoter; ``(3) a full, clear, and concise description of the specific acts or services that the invention promoter undertakes to perform for the customer; ``(4) a statement as to whether the invention promoter undertakes to construct, sell, or distribute one or more prototypes, models, or devices embodying the invention of the customer; ``(5) the full name and principal place of business of the invention promoter and the name and principal place of business of any parent, subsidiary, agent, independent contractor, and any affiliated company or person who it is known will perform any of the services or acts that the invention promoter undertakes to perform for the customer; ``(6) if any oral or written representation of estimated or projected customer earnings is given by the invention promoter (or any agent, employee, officer, director, partner, or independent contractor of such invention promoter), a statement of that estimation or projection and a description of the data upon which such representation is based; ``(7) the name and address of the custodian of all records and correspondence relating to the contracted for invention promotion services, and a statement that the invention promoter is required to maintain all records and correspondence relating to performance of the invention promotion services for such customer for a period of not less than 2 years after expiration of the term of such contract; and ``(8) a statement setting forth a time schedule for performance of the invention promotion services, including an estimated date in which such performance is expected to be completed. ``(b) Invention Promoter as Fiduciary.--To the extent that the description of the specific acts or services affords discretion to the invention promoter with respect to what specific acts or services shall be performed, the invention promoter shall be deemed a fiduciary. ``(c) Availability of Information.--Records and correspondence described under subsection (a)(7) shall be made available after 7 days written notice to the customer or the representative of the customer to review and copy at a reasonable cost on the invention promoter's premises during normal business hours. ``Sec. 56. Remedies ``(a) In General.--(1) Any contract for invention promotion services that does not comply with the applicable provisions of this chapter shall be voidable at the option of the customer. ``(2) Any contract for invention promotion services entered into in reliance upon any material false, fraudulent, or misleading information, representation, notice, or advertisement of the invention promoter (or any agent, employee, officer, director, partner, or independent contractor of such invention promoter) shall be voidable at the option of the customer. ``(3) Any waiver by the customer of any provision of this chapter shall be deemed contrary to public policy and shall be void and unenforceable. ``(4) Any contract for invention promotion services which provides for filing for and obtaining utility, design, or plant patent protection shall be voidable at the option of the customer unless the invention promoter offers to perform or performs such act through a person duly registered to practice before, and in good standing with, the Patent and Trademark Office. ``(b) Civil Action.--(1) Any customer who is injured by a violation of this chapter by an invention promoter or by any material false or fraudulent statement or representation, or any omission of material fact, by an invention promoter (or any agent, employee, director, officer, partner, or independent contractor of such invention promoter) or by failure of an invention promoter to make all the disclosures required under this chapter, may recover in a civil action against the invention promoter (or the officers, directors, or partners of such invention promoter) in addition to reasonable costs and attorneys' fees, the greater of-- ``(A) $5,000; or ``(B) the amount of actual damages sustained by the customer. ``(2) Notwithstanding paragraph (1), the court may increase damages to not more than 3 times the amount awarded, taking into account past complaints made against the invention promoter that resulted in regulatory sanctions or other corrective actions based on those record compiled by the Director under section 57. ``(c) Rebuttable Presumption of Injury.--For purposes of this section, substantial violation of any provision of this chapter by an invention promoter or execution by the customer of a contract for invention promotion services in reliance on any material false or fraudulent statements or representations or omissions of material fact shall establish a rebuttable presumption of injury. ``Sec. 57. Records of complaints ``(a) Release of Complaints.--The Director shall make all complaints received by the United States Patent and Trademark Office involving invention promoters publicly available, together with any response of the invention promoters. ``(b) Request for Complaints.--The Director may request complaints relating to invention promotion services from any Federal or State agency and include such complaints in the records maintained under subsection (a), together with any response of the invention promoters. ``Sec. 58. Fraudulent representation by an invention promoter ``Whoever, in providing invention promotion services, knowingly provides any false or misleading statement, representation, or omission of material fact to a customer or fails to make all the disclosures required under this chapter, shall be guilty of a misdemeanor and fined not more than $10,000 for each offense. ``Sec. 59. Rule of construction ``Except as expressly provided in this chapter, no provision of this chapter shall be construed to affect any obligation, right, or remedy provided under any other Federal or State law.''. SEC. 103. EFFECTIVE DATE. This title and the amendments made by this title shall take effect 60 days after the date of the enactment of this Act. TITLE II--FIRST INVENTOR DEFENSE SEC. 201. SHORT TITLE. This title may be cited as the ``First Inventor Defense Act''. SEC. 202. DEFENSE TO PATENT INFRINGEMENT BASED ON EARLIER INVENTOR. (a) Defense.--Chapter 28 of title 35, United States Code, is amended by adding at the end the following new section: ``Sec. 273. Defense to infringement based on earlier inventor ``(a) Definitions.--For purposes of this section-- ``(1) the terms `commercially used' and `commercial use' mean use of a process or method in the United States or the use of a process or method in the design, testing, or production in the United States of a product or service, so long as such use is in connection with an actual arm's-length sale or other arm's-length commercial transfer of a product or service, whether or not the subject matter at issue is accessible to or otherwise known to the public, except that the subject matter for which commercial marketing or use is subject to a premarketing regulatory review period during which the safety or efficacy of the subject matter is established, including any period specified in section 156(g), shall be deemed `commercially used' and in `commercial use' during such regulatory review period; ``(2) in the case of activities performed by a nonprofit research laboratory, or nonprofit entity such as a university, research center, or hospital, a use for which the public is the intended beneficiary shall be considered to be a use described in paragraph (1), except that the use-- ``(A) may be asserted as a defense under this section only for continued use by and in the laboratory or nonprofit entity; and ``(B) may not be asserted as a defense with respect to any subsequent commercialization or use outside such laboratory or nonprofit entity; ``(3) the term `process or method' means `process' as defined in section 100(b), and includes any invention that produces a useful end product or service which has been or could have been claimed in a patent in the form of a process; and ``(4) the `effective filing date' of a patent is the earlier of the actual filing date of the application for the patent or the filing date of any earlier United States, foreign, or international application to which the subject matter at issue is entitled under section 119, 120, or 365 of this title. ``(b) Defense to Infringement.-- ``(1) In general.--It shall be a defense to an action for infringement under section 271 of this title with respect to any subject matter that would otherwise infringe one or more claims asserting a process or method in the patent being asserted against a person, if such person had, acting in good faith, actually reduced the subject matter to practice at least one year before the effective filing date of such patent, and commercially used the subject matter before the effective filing date of such patent. ``(2) Exhaustion of right.--The sale or other disposition, of a product or service produced by a patented process or method, by a person entitled to assert a defense under this section with respect to that product or service shall exhaust the patent owner's rights under the patent to the extent such rights would have been exhausted had such sale or other disposition been made by the patent owner. ``(3) Limitations and qualifications of defense.--The defense to infringement under this section is subject to the following: ``(A) Patent.--A person may not assert the defense under this section unless the invention for which the defense is asserted is for a process or method, the exclusive purpose of which is to produce a useful end product or service. ``(B) Derivation.--A person may not assert the defense under this section if the subject matter on which the defense is based was derived from the patentee or persons in privity with the patentee. ``(C) Not a general license.--The defense asserted by a person under this section is not a general license under all claims of the patent at issue, but extends only to the specific subject matter claimed in the patent with respect to which the person can assert a defense under this chapter, except that the defense shall also extend to variations in the quantity or volume of use of the claimed subject matter, and to improvements in the claimed subject matter that do not infringe additional specifically claimed subject matter of the patent. ``(4) Burden of proof.--A person asserting the defense under this section shall have the burden of establishing the defense by clear and convincing evidence. ``(5) Abandonment of use.--A person who has abandoned commercial use of subject matter may not rely on activities performed before the date of such abandonment in establishing a defense under this section with respect to actions taken after the date of such abandonment. ``(6) Personal defense.--The defense under this section may be asserted only by the person who performed the acts necessary to establish the defense and, except for any transfer to the patent owner, the right to assert the defense shall not be licensed or assigned or transferred to another person except as an ancillary and subordinate part of a good faith assignment or transfer for other reasons of the entire enterprise or line of business to which the defense relates. ``(7) Limitation on sites.--A defense under this section, when acquired as part of a good faith assignment or transfer of an entire enterprise or line of business to which the defense relates, may only be asserted for uses at sites where the subject matter that would otherwise infringe one or more of the claims is in use before the later of the effective filing date of the patent or the date of the assignment or transfer of such enterprise or line of business. ``(8) Unsuccessful assertion of defense.--If the defense under this section is pleaded by a person who is found to infringe the patent and who subsequently fails to demonstrate a reasonable basis for asserting the defense, the court shall find the case exceptional for the purpose of awarding attorney's fees under section 285 of this title. ``(9) Invalidity.--A patent shall not be deemed to be invalid under section 102 or 103 of this title solely because a defense is raised or established under this section.''. (b) Conforming Amendment.--The table of sections at the beginning of chapter 28 of title 35, United States Code, is amended by adding at the end the following new item: ``273. Defense to infringement based on earlier inventor.''. SEC. 203. EFFECTIVE DATE AND APPLICABILITY. This title and the amendments made by this title shall take effect on the date of the enactment of this Act, but shall not apply to any action for infringement that is pending on such date of enactment or with respect to any subject matter for which an adjudication of infringement, including a consent judgment, has been made before such date of enactment. TITLE III--PATENT TERM GUARANTEE SEC. 301. SHORT TITLE. This title may be cited as the ``Patent Term Guarantee Act''. SEC. 302. PATENT TERM GUARANTEE AUTHORITY. (a) Adjustment of Patent Term.--Section 154(b) of title 35, United States Code, is amended to read as follows: ``(b) Adjustment of Patent Term.-- ``(1) Patent term guarantees.-- ``(A) Guarantee of prompt patent and trademark office responses.--Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to the failure of the Patent and Trademark Office to-- ``(i) make a notification of the rejection of any claim for a patent or any objection or argument under section 132, or give or mail a written notice of allowance under section 151, within 14 months after the date on which the application was filed; ``(ii) respond to a reply under section 132, or to an appeal taken under section 134, within 4 months after the date on which the reply was filed or the appeal was taken; ``(iii) act on an application within 4 months after the date of a decision by the Board of Patent Appeals and Interferences under section 134 or 135 or a decision by a Federal court under section 141, 145, or 146 in a case in which allowable claims remain in the application; or ``(iv) issue a patent within 4 months after the date on which the issue fee was paid under section 151 and all outstanding requirements were satisfied; the term of the patent shall be extended one day for each day after the end of the period specified in clause (i), (ii), (iii), or (iv), as the case may be, until the action described in such clause is taken. ``(B) Guarantee of no more than 3-year application pendency.--Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to the failure of the Patent and Trademark Office to issue a patent within 3 years after the actual filing date of the application in the United States, not including-- ``(i) any time consumed by continued examination of the application requested by the applicant under section 132(b); ``(ii) any time consumed by a proceeding under section 135(a), any time consumed by the imposition of an order pursuant to section 181, or any time consumed by appellate review by the Board of Patent Appeals and Interferences or by a Federal court; or ``(iii) any delay in the processing of the application by the Patent and Trademark Office requested by the applicant except as permitted by paragraph (2)(C), the term of the patent shall be extended 1 day for each day after the end of that 3-year period until the patent is issued. ``(C) Guarantee or adjustments for delays due to interferences, secrecy orders, and appeals.--Subject to the limitations under paragraph (2), if the issue of an original patent is delayed due to-- ``(i) a proceeding under section 135(a); ``(ii) the imposition of an order pursuant to section 181; or ``(iii) appellate review by the Board of Patent Appeals and Interferences or by a Federal court in a case in which the patent was issued pursuant to a decision in the review reversing an adverse determination of patentability, the term of the patent shall be extended one day for each day of the pendency of the proceeding, order, or review, as the case may be. ``(2) Limitations.-- ``(A) In general.--To the extent that periods of delay attributable to grounds specified in paragraph (1) overlap, the period of any adjustment granted under this subsection shall not exceed the actual number of days the issuance of the patent was delayed. ``(B) Disclaimed term.--No patent the term of which has been disclaimed beyond a specified date may be adjusted under this section beyond the expiration date specified in the disclaimer. ``(C) Reduction of period of adjustment.-- ``(i) The period of adjustment of the term of a patent under paragraph (1) shall be reduced by a period equal to the period of time during which the applicant failed to engage in reasonable efforts to conclude prosecution of the application. ``(ii) With respect to adjustments to patent term made under the authority of paragraph (1)(B), an applicant shall be deemed to have failed to engage in reasonable efforts to conclude processing or examination of an application for the cumulative total of any periods of time in excess of 3 months that are taken to respond to a notice from the Office making any rejection, objection, argument, or other request, measuring such 3-month period from the date the notice was given or mailed to the applicant. ``(iii) The Director shall prescribe regulations establishing the circumstances that constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application. ``(3) Procedures for patent term adjustment determination.-- ``(A) The Director shall prescribe regulations establishing procedures for the application for and determination of patent term adjustments under this subsection. ``(B) Under the procedures established under subparagraph (A), the Director shall-- ``(i) make a determination of the period of any patent term adjustment under this subsection, and shall transmit a notice of that determination with the written notice of allowance of the application under section 151; and ``(ii) provide the applicant one opportunity to request reconsideration of any patent term adjustment determination made by the Director. ``(C) The Director shall reinstate all or part of the cumulative period of time of an adjustment under paragraph (2)(C) if the applicant, prior to the issuance of the patent, makes a showing that, in spite of all due care, the applicant was unable to respond within the 3-month period, but in no case shall more than 3 additional months for each such response beyond the original 3-month period be reinstated. ``(D) The Director shall proceed to grant the patent after completion of the Director's determination of a patent term adjustment under the procedures established under this subsection, notwithstanding any appeal taken by the applicant of such determination. ``(4) Appeal of patent term adjustment determination.-- ``(A) An applicant dissatisfied with a determination made by the Director under paragraph (3) shall have remedy by a civil action against the Director filed in the United States District Court for the District of Columbia within 180 days after the grant of the patent. Chapter 7 of title 5 shall apply to such action. Any final judgment resulting in a change to the period of adjustment of the patent term shall be served on the Director, and the Director shall thereafter alter the term of the patent to reflect such change. ``(B) The determination of a patent term adjustment under this subsection shall not be subject to appeal or challenge by a third party prior to the grant of the patent.''. (b) Conforming Amendments.-- (1) Section 282 of title 35, United States Code, is amended in the fourth paragraph by striking ``156 of this title'' and inserting ``154(b) or 156 of this title''. (2) Section 1295(a)(4)(C) of title 28, United States Code, is amended by striking ``145 or 146'' and inserting ``145, 146, or 154(b)''. SEC. 303. CONTINUED EXAMINATION OF PATENT APPLICATIONS. Section 132 of title 35, United States Code, is amended-- (1) in the first sentence by striking ``Whenever'' and inserting ``(a) Whenever''; and (2) by adding at the end the following: ``(b) The Commissioner shall prescribe regulations to provide for the continued examination of applications for patent at the request of the applicant. The Commissioner may establish appropriate fees for such continued examination and shall provide a 50 percent reduction on such fees for small entities that qualify for reduced fees under section 41(h)(1) of this title.''. SEC. 304. TECHNICAL CLARIFICATION. Section 156(a) of title 35, United States Code, is amended in the matter preceding paragraph (1) by inserting ``, which shall include any patent term adjustment granted under section 154(b),'' after ``the original expiration date of the patent''. SEC. 305. EFFECTIVE DATE. (a) Sections 302 and 304.--The amendments made by sections 302 and 304 shall take effect on the date of the enactment of this Act and, except for a design patent application filed under chapter 16 of title 35, United States Code, shall apply to any application filed on or after the date of the enactment of this Act. (b) Section 303.--The amendments made by section 303 shall take effect 6 months after the date of the enactment of this Act. TITLE IV--UNITED STATES PUBLICATION OF PATENT APPLICATIONS PUBLISHED ABROAD SEC. 401. SHORT TITLE. This title may be referred to as the ``Publication of Foreign Filed Applications Act''. SEC. 402. PUBLICATION. (a) Publication.--Section 122 of title 35, United States Code, is amended to read as follows: ``Sec. 122. Confidential status of applications; publication of patent applications ``(a) Confidentiality.--Except as provided in subsection (b), applications for patents shall be kept in confidence by the Patent and Trademark Office and no information concerning any such application shall be given without authority of the applicant or owner unless necessary to carry out the provisions of an Act of Congress or in such special circumstances as may be determined by the Director. ``(b) United States Publication of Applications Published Abroad.-- ``(1) In general.--(A) Subject to paragraph (2), each application for patent, except applications for design patents filed under chapter 16 and provisional applications filed under section 111(b), shall be published, in accordance with procedures determined by the Director, promptly upon the expiration of a period of 18 months after the earliest filing date for which a benefit is sought under this title. At the request of the applicant, an application may be published earlier than the end of such 18-month period. ``(B) No information concerning published patent applications shall be made available to the public except as the Director determines. ``(C) Pursuant to this title and notwithstanding any other provision of law, a determination by the Director to release or not to release information concerning a published patent application shall be final and nonreviewable. ``(2) Exceptions.--(A) An application that is no longer pending shall not be published. ``(B) An application that is subject to a secrecy order under section 181 shall not be published. ``(C)(i) If an applicant, upon filing, makes a request that an application not be published pursuant to paragraph (1), and states in such request that the invention disclosed in the application has not been the subject of an application filed in another country, or under a multilateral international agreement, that requires publication of applications 18 months after filing, the application shall not be published as provided in paragraph (1). ``(ii) An applicant may rescind a request made under clause (i) at any time. ``(iii) An applicant who has made a request under clause (i) but who subsequently files, in a foreign country or under a multilateral international agreement specified in clause (i), an application directed to the invention disclosed in the application filed in the Patent and Trademark Office, shall notify the Director of such filing not later than 45 days after the date of the filing of such foreign or international application. A failure of the applicant to provide such notice within the prescribed period shall result in the application being regarded as abandoned, unless it is shown to the satisfaction of the Director that the delay in submitting the notice was unintentional. ``(iv) If a notice is made pursuant to clause (iii), or the applicant rescinds a request pursuant to clause (ii), the Director shall publish the application on or as soon as is practical after the date that is specified in clause (i). ``(v) If an applicant has filed applications in one or more foreign countries, directly or through a multilateral international agreement, and such foreign filed applications corresponding to an application filed in the Patent and Trademark Office or the description of the invention in such foreign filed applications is less extensive than the application or description of the invention in the application filed in the Patent and Trademark Office, the applicant may submit a redacted copy of the application filed in the Patent and Trademark Office eliminating any part or description of the invention in such application that is not also contained in any of the corresponding applications filed in a foreign country. The Director may only publish the redacted copy of the application unless the redacted copy of the application is not received within 16 months after the earliest effective filing date for which a benefit is sought under this title. The provisions of section 154(d) shall not apply to a claim if the description of the invention published in the redacted application filed under this clause with respect to the claim does not enable a person skilled in the art to make and use the subject matter of the claim. ``(c) Protest and Pre-Issuance Opposition.--The Director shall establish appropriate procedures to ensure that no protest or other form of pre-issuance opposition to the grant of a patent on an application may be initiated after publication of the application without the express written consent of the applicant.''. (b) Study by GAO.-- (1) In general.--The Comptroller General of the United States shall conduct a study of applicants for patents who file only in the United States during the 3-year period beginning on the effective date of this title. (2) Contents.--The study conducted under paragraph (1) shall-- (A) consider the number of such applicants for patent in relation to the number of applicants who file in the United States and outside the United States; (B) examine how many domestic-only filers request at the time of filing not to be published; (C) examine how many such filers rescind that request or later choose to file abroad; and (D) examine the manner of entity seeking an application and any correlation that may exist between such manner and publication of patent applications. (3) Report to judiciary committees.--The Comptroller General shall submit to the Committees on the Judiciary of the House of Representatives and the Senate the results of the study conducted under this subsection. SEC. 403. TIME FOR CLAIMING BENEFIT OF EARLIER FILING DATE. (a) In a Foreign Country.--Section 119(b) of title 35, United States Code, is amended to read as follows: ``(b)(1) No application for patent shall be entitled to this right of priority unless a claim, identifying the foreign application by specifying its application number, country, and the day, month, and year of its filing, is filed in the Patent and Trademark Office at such time during the pendency of the application as required by the Director. ``(2) The Director may consider the failure of the applicant to file a timely claim for priority as a waiver of any such claim. The Director may establish procedures, including the payment of a surcharge, to accept an unintentionally delayed claim under this section. ``(3) The Director may require a certified copy of the original foreign application, specification, and drawings upon which it is based, a translation if not in the English language, and such other information as the Director considers necessary. Any such certification shall be made by the foreign intellectual property authority in which the foreign application was filed and show the date of the application and of the filing of the specification and other papers.''. (b) In the United States.--Section 120 of title 35, United States Code, is amended by adding at the end the following: ``The Director may determine the time period during the pendency of the application within which an amendment containing the specific reference to the earlier filed application is submitted. The Director may consider the failure to submit such an amendment within that time period as a waiver of any benefit under this section. The Director may establish procedures, including the payment of a surcharge, to accept unintentionally late submissions of amendments under this section.''. SEC. 404. PROVISIONAL RIGHTS. Section 154 of title 35, United States Code, is amended-- (1) in the section caption by inserting ``; provisional rights'' after ``patent''; and (2) by adding at the end the following new subsection: ``(d) Provisional Rights.--- ``(1) In general.--In addition to other rights provided by this section, a patent shall include the right to obtain a reasonable royalty from any person who, during the period beginning on the date of publication of the application for such patent pursuant to section 122(b), or in the case of an international application filed under the treaty defined in section 351(a) designating the United States under Article 21(2)(a) of such treaty, the date of publication of the application, and ending on the date the patent is issued-- ``(A)(i) makes, uses, offers for sale, or sells in the United States the invention as claimed in the published patent application or imports such an invention into the United States; or ``(ii) if the invention as claimed in the published patent application is a process, uses, offers for sale, or sells in the United States or imports into the United States products made by that process as claimed in the published patent application; and ``(B) had actual notice of the published patent application, and in a case in which the right arising under this paragraph is based upon an international application designating the United States that is published in a language other than English, a translation of the international application into the English language. ``(2) Right based on substantially identical inventions.-- The right under paragraph (1) to obtain a reasonable royalty shall not be available under this subsection unless the invention as claimed in the patent is substantially identical to the invention as claimed in the published patent application. ``(3) time limitation on obtaining a reasonable royalty.-- The right under paragraph (1) to obtain a reasonable royalty shall be available only in an action brought not later than 6 years after the patent is issued. The right under paragraph (1) to obtain a reasonable royalty shall not be affected by the duration of the period described in paragraph (1). ``(4) Requirements for international applications.-- ``(A) Effective date.--The right under paragraph (1) to obtain a reasonable royalty based upon the publication under the treaty defined in section 351(a) of an international application designating the United States shall commence on the date on which the Patent and Trademark Office receives a copy of the publication under the treaty of the international application, or, if the publication under the treaty of the international application is in a language other than English, on the date on which the Patent and Trademark Office receives a translation of the international application in the English language. ``(B) Copies.--The Director may require the applicant to provide a copy of the international application and a translation thereof. ``(5) Issuance of patents on individual claims.--If the Director in a notification to the applicant under section 132 indicates that one or more claims of a published application are allowable, the applicant may request the issuance of a patent incorporating those claims. The applicant may continue prosecution of the remaining claims as provided in chapter 12 of this title. Any subsequently allowed claims may be incorporated into the patent or issued in a separate patent, in accordance with regulations adopted by the Director. The Director may establish appropriate fees to cover the costs of incorporating any additional claims into the patent or issuing a separate patent.''. SEC. 405. PRIOR ART EFFECT OF PUBLISHED APPLICATIONS. Section 102(e) of title 35, United States Code, is amended to read as follows: ``(e) the invention was described in-- ``(1)(A) an application for patent, published pursuant to section 122(b), by another filed in the United States before the invention by the applicant for patent, except that an international application filed under the treaty defined in section 351(a) shall have the effect under this subsection of a national application published under section 122(b) only if the international application designating the United States was published under Article 21(2)(a) of such treaty in the English language, or ``(B) a patent granted on an application for patent by another filed in the United States before the invention by the applicant for patent, except that a patent shall not be deemed filed in the United States for the purposes of this subsection based on the filing of an international application filed under the treaty defined in section 351(a), or''. SEC. 406. COST RECOVERY FOR PUBLICATION. The Director of the United States Patent and Trademark Office shall recover the cost of early publication required by the amendment made by section 402 by charging a separate publication fee after notice of allowance is given pursuant to section 151 of title 35, United States Code. SEC. 407. CONFORMING AMENDMENTS. The following provisions of title 35, United States Code, are amended: (1) Section 11 is amended in paragraph 1 of subsection (a) by inserting ``and published applications for patents'' after ``Patents''. (2) Section 12 is amended-- (A) in the section caption by inserting ``and applications'' after ``patents''; and (B) by inserting ``and published applications for patents'' after ``patents''. (3) Section 13 is amended-- (4) The items relating to sections 12 and 13 in the table of sections for chapter 1 are each amended by inserting ``and applications'' after ``patents''. (5) The item relating to section 122 in the table of sections for chapter 11 is amended by inserting ``; publication of patent applications'' after ``applications''. (6) The item relating to section 154 in the table of sections for chapter 14 is amended by inserting ``; provisional rights'' after ``patent''. (7) Section 181 is amended-- (A) in the first undesignated paragraph-- (i) by inserting ``by the publication of an application or'' after ``disclosure''; and (ii) by inserting ``the publication of the application or'' after ``withhold''; (B) in the second undesignated paragraph by inserting ``by the publication of an application or'' after ``disclosure of an invention''; (C) in the third undesignated paragraph-- (i) by inserting ``by the publication of the application or'' after ``disclosure of the invention''; and (ii) ``the publication of the application or'' after ``withhold''; and (D) in the fourth undesignated paragraph by inserting ``the publication of an application or'' after ``and'' in the first sentence. (8) Section 252 is amended in the first undesignated paragraph by inserting ``substantially'' before ``identical'' each place it appears. (9) Section 284 is amended by adding at the end of the second undesignated paragraph the following: `Increased damages under this paragraph shall not apply to provisional rights under section 154(d) of this title.''. (10) Section 374 is amended to read as follows: ``Sec. 374. Publication of international application: effect ``The publication under the treaty defined in section 351(a) of this title of an international application designating the United States shall confer the same rights and shall have the same effect under this title as an application for patent published under section 122(b), except as provided in sections 102(e) and 154(d).''. SEC. 408. EFFECTIVE DATE. This title and the amendments made by this title, shall take effect on the date that is 1 year after the date of the enactment of this Act and shall apply to all applications filed under section 111 of title 35, United States Code, on or after that date, and all applications complying with section 371 of title 35, United States Code, that resulted from international applications filed on or after that date. The amendment made by section 404 shall also apply to international applications designating the United States that are filed on or after the date that is 1 year after the date of the enactment of this Act. TITLE V--PATENT LITIGATION REDUCTION ACT SEC. 501. SHORT TITLE. This title may be cited as the ``Patent Litigation Reduction Act''. SEC. 502. DEFINITIONS. Section 100 of title 35, United States Code, is amended by adding at the end the following new subsection: ``(e) The term `third-party requester' means a person requesting reexamination under section 302 of this title who is not the patent owner.''. SEC. 503. REEXAMINATION PROCEDURES. (a) Citation of Prior Art.--Section 301 of title 35, United States Code, is amended to read as follows: ``Sec. 301. Citation of prior art ``Any person at any time may cite to the Office in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a particular patent. If the person explains in writing the pertinency and manner of applying such prior art to at least one claim of the patent, the citation of such prior art and the explanation thereof will become a part of the official file of the patent.''. (b) Request for Reexamination.--Section 302 of title 35, United States Code, is amended to read as follows: ``Sec. 302. Request for reexamination ``(a) In General.--Any person at any time may file a request for reexamination by the Office of a patent on the basis of any prior art cited under the provisions of section 301. ``(b) Requirements.--The request shall-- ``(1) be in writing, include the identity of the real party in interest, and be accompanied by payment of a reexamination fee established by the Director under section 41; and ``(2) set forth the pertinency and manner of applying cited prior art to every claim for which reexamination is requested. ``(c) Copy.--Unless the requesting person is the owner of the patent, the Director promptly shall send a copy of the request to the owner of record of the patent.''. (c) Determination of Issue by Director.--Section 303 of title 35, United States Code, is amended to read as follows: ``Sec. 303. Determination of issue by Director ``(a) Reexamination.--Not later than 3 months after the filing of a request for reexamination under section 302, the Director shall determine whether a substantial new question of patentability affecting any claim of the patent concerned is raised by the request, with or without consideration of other patents or printed publications. On the Director's initiative, and any time, the Director may determine whether a substantial new question of patentability is raised by patents and publications. ``(b) Record.--A record of the Director's determination under subsection (a) shall be placed in the official file of the patent, and a copy shall be promptly given or mailed to the owner of record of the patent and to the third-party requester, if any. ``(c) Final Decision.--A determination by the Director pursuant to subsection (a) shall be final and nonappealable. Upon a determination that no substantial new question of patentability has been raised, the Director may refund a portion of the reexamination fee required under section 302.''. (d) Reexamination Order by Director.--Section 304 of title 35, United States Code, is amended to read as follows: ``Sec. 304. Reexamination order by Director ``If, in a determination made under section 303(a), the Director finds that a substantial new question of patentability affecting a claim of a patent is raised, the determination shall include an order for reexamination of the patent for resolution of the question. The order may be accompanied by the initial action of the Patent and Trademark Office on the merits of the reexamination conducted in accordance with section 305.''. (e) Conduct of Reexamination Proceedings.--Section 305 of title 35, United States Code, is amended to read as follows: ``Sec. 305. Conduct of reexamination proceedings ``(a) In General.--Subject to subsection (b), reexamination shall be conducted according to the procedures established for initial examination under the provisions of sections 132 and 133, except as provided for under this section. In any reexamination proceeding under this chapter, the patent owner shall be permitted to propose any amendment to the patent and a new claim or claims, except that no proposed amended or new claim enlarging the scope of the claims of the patent shall be permitted. ``(b) Response.--(1) This subsection shall apply to any reexamination proceeding in which the order for reexamination is based upon a request by a third-party requester. ``(2) With the exception of the reexamination request, any document filed by either the patent owner or the third-party requester shall be served on the other party. In addition, the third-party requester shall receive a copy of any communication sent by the Office to the patent owner concerning the patent subject to the reexamination proceeding. ``(3) Each time that the patent owner files a response to an action on the merits from the Patent and Trademark Office, the third-party requester shall have one opportunity to file written comments addressing issues raised by the action of the Office or the patent owner's response thereto, if those written comments are received by the Office within 30 days after the date of service of the patent owner's response. ``(c) Special Dispatch.--Unless otherwise provided by the Director for good cause, all reexamination proceedings under this section, including any appeal to the Board of Patent Appeals and Interferences, shall be conducted with special dispatch within the Office.''. (f) Appeal.--Section 306 of title 35, United States Code, is amended to read as follows: ``Sec. 306. Appeal ``(a) Patent Owner.--The patent owner involved in a reexamination proceeding under this chapter-- ``(1) may appeal under the provisions of section 134, and may appeal under the provisions of sections 141 through 144, with respect to any decision adverse to the patentability of any original or proposed amended or new claim of the patent; and ``(2) may be a party to any appeal taken by a third-party requester under subsection (b). ``(b) Third-Party Requester.--A third-party requester may-- ``(1) appeal under the provisions of section 134, and may appeal under the provisions of sections 141 through 144, with respect to any final decision favorable to the patentability of any original or proposed amended or new claim of the patent; or ``(2) be a party to any appeal taken by the patent owner, subject to subsection (c). ``(c) Civil Action.--A third-party requester whose request for a reexamination results in an order under section 304 is estopped from asserting at a later time, in any civil action arising in whole or in part under section 1338 of title 28, the invalidity of any claim finally determined to be valid and patentable on any ground which the third-party requester raised or could have raised during the reexamination proceedings. This subsection does not prevent the assertion of invalidity based on newly discovered prior art unavailable to the third-party requester and the Patent and Trademark Office at the time of the reexamination proceedings.''. (g) Reexamination Prohibited; Stay of Litigation.-- (1) In general.--Chapter 30 of title 35, United States Code, is amended by adding at the end the following new section: ``Sec. 308. Reexamination prohibited ``(a) Order for Reexamination.--Notwithstanding any provision of this chapter, once an order for reexamination of a patent has been issued under section 304, neither the patent owner nor the third-party requester, if any, nor privies of either, may file a subsequent request for reexamination of the patent until a reexamination certificate is issued and published under section 307, unless authorized by the Director. ``(b) Final Decision.--Once a final decision has been entered against a party in a civil action arising in whole or in part under section 1338 of title 28 that the party has not sustained its burden of proving the invalidity of any patent claim in suit or if a final decision in a reexamination proceeding instituted by a third-party requester is favorable to the patentability of any original or proposed amended or new claim of the patent then neither that party nor its privies may thereafter request reexamination of any such patent claim on the basis of issues which that party or its privies raised or could have raised in such civil action or reexamination proceeding, and a reexamination requested by that party or its privies on the basis of such issues may not thereafter be maintained by the Office, notwithstanding any other provision of this chapter. This subsection does not prevent the assertion of invalidity based on newly discovered prior art unavailable to the third-party requester and the Patent and Trademark Office at the time of the reexamination proceedings. ``Sec. 309. Stay of litigation ``Once an order for reexamination of a patent has been issued under section 304, the patent owner may obtain a stay of any pending litigation which involves an issue of patentability of any claims of the patent which are the subject of the reexamination order, unless the court before which such litigation is pending determines that a stay would not serve the interests of justice.''. (2) Technical and conforming amendment.--The table of sections for chapter 30 of title 35, United States Code, is amended to read as follows: ``CHAPTER 30--PRIOR ART CITATIONS TO OFFICE AND REEXAMINATION OF PATENTS ``Sec. ``301. Citation of prior art. ``302. Request for reexamination. ``303. Determination of issue by Director. ``304. Reexamination order by Director. ``305. Conduct of reexamination proceedings. ``306. Appeal. ``307. Certificate of patentability, unpatentability, and claim cancellation. ``308. Reexamination prohibited. ``309. Stay of litigation.''. SEC. 504. CONFORMING AMENDMENTS. (a) Patent Fees; Patent Search Systems.--Section 41(a)(7) of title 35, United States Code, is amended to read as follows: ``(7) On filing each petition for the revival of an unintentionally abandoned application for a patent, for the unintentionally delayed payment of the fee for issuing each patent, or for an unintentionally delayed response by the patent owner in a reexamination proceeding, $1,210, unless the petition is filed under section 133 or 151 of this title, in which case the fee shall be $110.''. (b) Appeal to the Board of Patent Appeals and Interferences.-- Section 134 of title 35, United States Code, is amended to read as follows: ``Sec. 134. Appeal to the Board of Patent Appeals and Interferences ``(a) Patent Applicant.--An applicant for a patent, any of whose claims has been twice rejected, may appeal from the decision of the primary examiner to the Board of Patent Appeals and Interferences, having once paid the fee for such appeal. ``(b) Patent Owner.--A patent owner in a reexamination proceeding may appeal from the final rejection of any claim by the primary examiner to the Board of Patent Appeals and Interferences, having once paid the fee for such appeal. ``(c) Third-Party.--A third-party requester may appeal to the Board of Patent Appeals and Interferences from the final decision of the primary examiner favorable to the patentability of any original or proposed amended or new claim of a patent, having once paid the fee for such appeal.''. (c) Appeal to Court of Appeals for the Federal Circuit.--Section 141 of title 35, United States Code, is amended by adding the following after the second sentence: ``A patent owner or third-party requester in a reexamination proceeding dissatisfied with the final decision in an appeal to the Board of Patent Appeals and Interferences under section 134 may appeal the decision only to the United States Court of Appeals for the Federal Circuit.''. (d) Proceedings on Appeal.--Section 143 of title 35, United States Code, is amended by amending the third sentence to read as follows: `In ex parte and reexamination cases, the Director shall submit to the court in writing the grounds for the decision of the Patent and Trademark Office, addressing all the issues involved in the appeal.''. (e) Civil Action To Obtain Patent.--Section 145 of title 35, United States Code, is amended in the first sentence by inserting ``(a)'' after ``section 134''. SEC. 505. REPORT TO CONGRESS. Not later than 5 years after the effective date of this title, the Director of the United States Patent and Trademark Office shall submit to the Congress a report evaluating whether the reexamination proceedings established under the amendments made by this title are inequitable to any of the parties in interest and, if so, the report shall contain recommendations for changes to the amendments made by this title to remove such inequity. SEC. 506. EFFECTIVE DATE. This title and the amendments made by this title shall take effect on the date that is 1 year after the date of the enactment of this Act and shall apply to all reexamination requests filed on or after such date. TITLE VI--PATENT AND TRADEMARK OFFICE SEC. 601. SHORT TITLE. This title may be cited as the ``Patent and Trademark Office Efficiency Act''. Subtitle A--United States Patent and Trademark Office SEC. 611. ESTABLISHMENT OF PATENT AND TRADEMARK OFFICE. Section 1 of title 35, United States Code, is amended to read as follows: ``Sec. 1. Establishment ``(a) Establishment.--The United States Patent and Trademark Office is established as an agency of the United States, within the Department of Commerce. In carrying out its functions, the United States Patent and Trademark Office shall be subject to the policy direction of the Secretary of Commerce, but shall retain responsibility for decisions regarding the management and administration of its operations and shall exercise independent control of its budget allocations and expenditures, personnel decisions and processes, procurements, and other administrative and management functions in accordance with this title and applicable provisions of law. ``(b) Offices.--The United States Patent and Trademark Office shall maintain its principal office in the metropolitan Washington, DC, area, for the service of process and papers and for the purpose of carrying out its functions. The United States Patent and Trademark Office shall be deemed, for purposes of venue in civil actions, to be a resident of the district in which its principal office is located, except where jurisdiction is otherwise provided by law. The United States Patent and Trademark Office may establish satellite offices in such other places in the United States as it considers necessary and appropriate in the conduct of its business. ``(c) Reference.--For purposes of this title, the United States Patent and Trademark Office shall also be referred to as the `Office' and the `Patent and Trademark Office'. SEC. 612. POWERS AND DUTIES. Section 2 of title 35, United States Code, is amended to read as follows: ``Sec. 2. Powers and duties ``(a) In General.--The United States Patent and Trademark Office, subject to the policy direction of the Secretary of Commerce-- ``(1) shall be responsible for the granting and issuing of patents and the registration of trademarks; and ``(2) shall be responsible for disseminating to the public information with respect to patents and trademarks. ``(b) Specific Powers.--The Office-- ``(1) shall adopt and use a seal of the Office, which shall be judicially noticed and with which letters patent, certificates of trademark registrations, and papers issued by the Office shall be authenticated; ``(2) may establish regulations, not inconsistent with law, which-- ``(A) shall govern the conduct of proceedings in the Office; ``(B) shall be made after notice and opportunity for full participation by interested public and private parties; ``(C) shall facilitate and expedite the processing of patent applications, particularly those which can be filed, stored, processed, searched, and retrieved electronically, subject to the provisions of section 122 relating to the confidential status of applications; ``(D) may govern the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Office, and may require them, before being recognized as representatives of applicants or other persons, to show that they are of good moral character and reputation and are possessed of the necessary qualifications to render to applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office; ``(E) shall recognize the public interest in continuing to safeguard broad access to the United States patent system through the reduced fee structure for small entities under section 41(b)(1) of this title; and ``(F) provide for the development of a performance- based process that includes quantitative and qualitative measures and standards for evaluating cost- effectiveness and is consistent with the principles of impartiality and competitiveness; ``(3) may acquire, construct, purchase, lease, hold, manage, operate, improve, alter, and renovate any real, personal, or mixed property, or any interest therein, as it considers necessary to carry out its functions; ``(4)(A) may make such purchases, contracts for the construction, maintenance, or management and operation of facilities, and contracts for supplies or services, without regard to the provisions of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 and following), the Public Buildings Act (40 U.S.C. 601 and following), and the Stewart B. McKinney Homeless Assistance Act (42 U.S.C.11301 and following); and ``(B) may enter into and perform such purchases and contracts for printing services, including the process of composition, platemaking, presswork, silk screen processes, binding, microform, and the products of such processes, as it considers necessary to carry out the functions of the Office, without regard to sections 501 through 517 and 1101 through 1123 of title 44; ``(5) may use, with their consent, services, equipment, personnel, and facilities of other departments, agencies, and instrumentalities of the Federal Government, on a reimbursable basis, and cooperate with such other departments, agencies, and instrumentalities in the establishment and use of services, equipment, and facilities of the Office; ``(6) may, when the Director determines that it is practicable, efficient, and cost-effective to do so, use, with the consent of the United States and the agency, government, or international organization concerned, the services, records, facilities, or personnel of any State or local government agency or instrumentality or foreign government or international organization to perform functions on its behalf; ``(7) may retain and use all of its revenues and receipts, including revenues from the sale, lease, or disposal of any real, personal, or mixed property, or any interest therein, of the Office; ``(8) in coordination with the Under Secretary of Commerce for International Trade, shall promote exports of goods and services of the United States industries that rely on intellectual property; ``(9) shall advise the President, through the Secretary of Commerce, on national and certain international intellectual property policy issues; ``(10) shall advise Federal departments and agencies on matters of intellectual property policy in the United States and intellectual property protection in other countries; ``(11) shall provide guidance, as appropriate, with respect to proposals by agencies to assist foreign governments and international intergovernmental organizations on matters of intellectual property protection; ``(12) may conduct programs, studies, or exchanges of items or services regarding domestic and international intellectual property law and the effectiveness of intellectual property protection domestically and throughout the world; ``(13)(A) shall advise the Secretary of Commerce on programs and studies relating to intellectual property policy that are conducted, or authorized to be conducted, cooperatively with foreign intellectual property offices and international intergovernmental organizations; and ``(B) may conduct programs and studies described in subparagraph (A); and ``(14)(A) in coordination with the Department of State, may conduct programs and studies cooperatively with foreign intellectual property offices and international intergovernmental organizations; and ``(B) with the concurrence of the Secretary of State, may authorize the transfer of not to exceed $100,000 in any year to the Department of State for the purpose of making special payments to international intergovernmental organizations for studies and programs for advancing international cooperation concerning patents, trademarks, and other matters. ``(c) Clarification of Specific Powers.--(1) The special payments under paragraph (14)(B) shall be in addition to any other payments or contributions to international organizations described in paragraph (14)(B) and shall not be subject to any limitations imposed by law on the amounts of such other payments or contributions by the United States Government. ``(2) Nothing in subsection (b) shall derogate from the duties of the Secretary of State or from the duties of the United States Trade Representative as set forth in section 141 of the Trade Act of 1974 (19 U.S.C. 2171). ``(3) Nothing in subsection (b) shall derogate from the duties and functions of the Register of Copyrights or otherwise alter current authorities relating to copyright matters. ``(4) In exercising the Director's powers under paragraphs (3) and (4)(A) of subsection (b), the Director shall consult with the Administrator of General Services. ``(d) Construction.--Nothing in this section shall be construed to nullify, void, cancel, or interrupt any pending request-for-proposal let or contract issued by the General Services Administration for the specific purpose of relocating or leasing space to the United States Patent and Trademark Office.''. SEC. 613. ORGANIZATION AND MANAGEMENT. Section 3 of title 35, United States Code, is amended to read as follows: ``Sec. 3. Officers and employees ``(a) Under Secretary and Director.-- ``(1) In general.--The powers and duties of the United States Patent and Trademark Office shall be vested in an Under Secretary of Commerce and Director of the United States Patent and Trademark Office (in this title referred to as the `Director'), who shall be a citizen of the United States and who shall be appointed by the President, by and with the advice and consent of the Senate. The Director shall be a person who, by reason of professional background and experience in patent or trademark law, is especially qualified to manage the Office. ``(2) Duties.-- ``(A) In general.--The Director shall be responsible for the management and direction of the Office, including the issuance of patents and the registration of trademarks, and shall perform these duties in a fair, impartial, and equitable manner. ``(B) Consulting with the public advisory committees.--The Director shall consult with the Patent Public Advisory Committee established in section 5 on a regular basis on matters relating to the patent operations of the Office, shall consult with the Trademark Public Advisory Committee established in section 5 on a regular basis on matters relating to the trademark operations of the Office, and shall consult with the respective Public Advisory Committee before submitting budgetary proposals to the Office of Management and Budget or changing or proposing to change patent or trademark user fees or patent or trademark regulations, as the case may be. ``(C) Security clearances.--The Director, in consultation with the Director of the Office of Personnel Management, shall maintain a program for identifying national security positions and providing for appropriate security clearances. ``(3) Oath.--The Director shall, before taking office, take an oath to discharge faithfully the duties of the Office. ``(4) Compensation.--In addition to the Director's pay as prescribed in section 5314 of title 5, the Director may receive a bonus in an amount up to, but not in excess of, 50 percent of the Director's annual rate of pay, based upon an evaluation by the Secretary of Commerce of the Director's performance as defined in an annual performance agreement between the Director and the Secretary. The annual performance agreement shall incorporate measurable organization and individual goals in key operational areas as delineated in an annual performance plan agreed to by the Director and the Secretary and made public in the annual report of the Director. Payment of a bonus under this paragraph may be made to the Director only to the extent that such payment does not cause the Director's total aggregate compensation in a calendar year to equal or exceed the amount of the salary of the President under section 102 of title 3. ``(5) Removal.--The Director may be removed from office by the President. The President shall provide notification of any such removal to both Houses of Congress. ``(b) Officers and Employees of the Office.-- ``(1) Deputy under secretary and deputy director.--The Director shall appoint a Deputy Under Secretary of Commerce and Deputy Director of the United States Patent and Trademark Office who shall be vested with the authority to act in the capacity of the Director in the event of the absence or incapacity of the Director. ``(2) Commissioners.--The Director shall appoint a Commissioner for Patents and a Commissioner for Trademarks. The Commissioner for Patents shall be a citizen of the United States with demonstrated experience in patent law and the Commissioner for Trademarks shall be a citizen of the United States with demonstrated experience in trademark law. The Commissioner for Patents and the Commissioner for Trademarks shall be the principal management advisers to the Director on all aspects of the activities of the Office that affect the administration of patent and trademark operations, respectively. ``(3) Other officers and employees.--The Director shall-- ``(A) appoint such officers, employees (including attorneys), and agents of the Office as the Director considers necessary to carry out the functions of the Office; and ``(B) define the title, authority, and duties of such officers and employees and delegate to them such of the powers vested in the Office as the Director may determine. The Office shall not be subject to any administratively or statutorily imposed limitation on positions or personnel, and no positions or personnel of the Office shall be taken into account for purposes of applying any such limitation. ``(4) Training of examiners.--The Patent and Trademark Office shall develop an incentive program to retain as employees patent and trademark examiners of the primary examiner grade or higher who are eligible for retirement, for the sole purpose of training patent and trademark examiners. ``(c) Adoption of Existing Labor Agreements.--The Office shall adopt all labor agreements which are in effect, as of the day before the effective date of the Patent and Trademark Office Efficiency Act, with respect to such Office (as then in effect). ``(d) Carryover of Personnel.-- ``(1) From pto.--Effective as of the effective date of the Patent and Trademark Office Efficiency Act, all officers and employees of the Patent and Trademark Office on the day before such effective date shall become officers and employees of the Office, without a break in service. ``(2) Other personnel.--Any individual who, on the day before the effective date of the Patent and Trademark Office Efficiency Act, is an officer or employee of the Department of Commerce (other than an officer or employee under paragraph (1)) shall be transferred to the Office if-- ``(A) such individual serves in a position for which a major function is the performance of work reimbursed by the Patent and Trademark Office, as determined by the Secretary of Commerce; ``(B) such individual serves in a position that performed work in support of the Patent and Trademark Office during at least half of the incumbent's work time, as determined by the Secretary of Commerce; or ``(C) such transfer would be in the interest of the Office, as determined by the Secretary of Commerce in consultation with the Director. Any transfer under this paragraph shall be effective as of the same effective date as referred to in paragraph (1), and shall be made without a break in service. ``(3) Accumulated leave.--The amount of sick and annual leave and compensatory time accumulated under title 5 before the effective date described in paragraph (1), by those becoming officers or employees of the Office pursuant to this subsection, are obligations of the Office. ``(e) Transition Provisions.-- ``(1) Interim appointment of director.--On or after the effective date of the Patent and Trademark Office Efficiency Act, the President shall appoint an individual to serve as the Director until the date on which a Director qualifies under subsection (a). The President shall not make more than one such appointment under this subsection. ``(2) Continuation in office of certain officers.--(A) The individual serving as the Assistant Commissioner for Patents on the day before the effective date of the Patent and Trademark Office Efficiency Act may serve as the Commissioner for Patents until the date on which a Commissioner for Patents is appointed under subsection (b). ``(B) The individual serving as the Assistant Commissioner for Trademarks on the day before the effective date of the Patent and Trademark Office Efficiency Act may serve as the Commissioner for Trademarks until the date on which a Commissioner for Trademarks is appointed under subsection (b).''. SEC. 614. PERSONNEL FLEXIBILITY. (a) In General.--Chapter 1 of part I of title 35, United States Code, is amended by inserting after section 3 the following: ``Sec. 3a. Personnel flexibility ``(a) Administrative Flexibility.-- ``(1) Relationship to title 5.--Any authorities provided by this section shall be exercised-- ``(A) in a manner consistent with-- ``(i) chapter 23 of title 5 (relating to merit system principles and prohibited personnel practices); ``(ii) provisions of title 5 relating to preference eligibles; ``(iii) except as otherwise specifically provided, section 5307 of title 5 (relating to the aggregate limitation on pay); and ``(iv) except as otherwise specifically provided, chapter 71 of title 5 (relating to labor-management relations); and ``(E) subject to subsections (b) and (c) of section 1104 of title 5 as though such authorities were delegated to the Office under section 1104(a)(2) of such title. ``(2) Informing opm.--The Director shall provide the Office of Personnel Management with any information the Office of Personnel Management requires in carrying out its responsibilities under this section. ``(b) Written Agreements With Labor Organizations Required.-- Employees within a unit to which a labor organization is accorded exclusive recognition under chapter 71 of title 5 shall not be subject to the authorities provided in this section unless the exclusive representative and the Office have entered into a written agreement which specifically provides for the exercise of those authorities. Such written agreement may not be imposed by the Federal Services Impasses Panel under section 7119 of title 5. ``(c) Senior Management of the Office.-- ``(1) Appointment.--(A) The Director may appoint such senior managers as the Director determines are necessary without regard to the provisions of title 5 governing appointments in the competitive service. ``(B) The senior managers described in subparagraph (A) may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates. ``(2) Performance agreement.--Each year the Director and each senior manager appointed under this subsection shall enter into an annual performance agreement that sets forth measurable organization and individual goals. The agreement shall be subject to review and renegotiation at the end of each term. ``(3) Compensation.-- ``(A) In general.--A senior manager appointed under this subsection may be paid at an annual rate of basic pay of not more than the maximum rate of basic pay for the Senior Executive Service under section 5382 of title 5, including any applicable locality-based comparability payment that may be authorized under section 5304(h)(2)(C) of title 5. The compensation of a senior manager shall be considered, for purposes of section 207(c)(2)(A) of title 18, to be the equivalent of that described under clause (ii) of section 207(c)(2)(A) of title 18. ``(B) Bonus.--In addition to the compensation paid under subparagraph (A), a senior manager may receive a bonus in an amount such that the manager's total compensation does not exceed 125 percent of the maximum rate of basic pay for the Senior Executive Service, including any applicable locality-based comparability payment, based upon the Director's evaluation of the manager's performance in relation to the goals set forth in the performance agreement described in paragraph (2). ``(4) Removal.--A senior manager shall be removable by the Director, or by the Secretary if the position of Director is vacant. ``(d) General Workforce Performance Management System.-- ``(1) Establishment.--In lieu of a performance appraisal system established under section 5302 of title 5, the Director shall, within 1 year after the date of the enactment of the Patent and Trademark Office Efficiency Act, establish for the Office a performance management system that-- ``(A) maintains individual accountability by-- ``(i) establishing 1 or more retention standards for each employee related to the work of the employee and expressed in terms of individual performance, and communicating such retention standards to employees; ``(ii) making periodic determinations of whether each employee meets or does not meet the employee's established retention standards; and ``(iii) taking actions, in accordance with applicable laws and regulations, with respect to any employee whose performance does not meet established retention standards, including denying any increases in basic pay, promotions, and credit for performance under section 3502 of title 5, and-- ``(I) reassignment; ``(II) an action under chapter 43 or chapter 75 of title 5; ``(III) any other appropriate action to resolve the performance problem; or ``(IV) any combination of actions under subclauses (I) through (III); and ``(B) strengthens the system's effectiveness by-- ``(i) establishing goals or objectives for individual, group, or organizational performance (or any combination thereof), consistent with the Office's performance planning procedures, including those established under the Government Performance and Results Act of 1993, and communicating such goals or objectives to employees; ``(ii) using such goals and objectives to make performance distinctions among employees or groups of employees; and ``(iii) using performance assessments as a basis for granting employee awards, adjusting an employee's rate of basic pay, and other appropriate personnel actions, in accordance with applicable laws and regulations. ``(2) Definitions.--For purposes of this subsection-- ``(A) the term `performance assessment' means a determination of whether or not retention standards established under paragraph (1)(A)(i) are met, and any additional performance determination made on the basis of performance goals and objectives established under paragraph (1)(B)(i); and ``(B) the term `unacceptable performance', with respect to an employee of the Office covered by a performance management system established under this subsection, means performance of the employee which fails to meet a retention standard established under this section. ``(3) Awards program.--(A) The Office may establish an awards program designed to provide incentives for and recognition of organizational, group, and individual achievements by providing for granting awards to employees who, as individuals or members of a group, contribute to meeting the performance goals and objectives established under this section by such means as a superior individual or group accomplishment, a documented productivity gain, or sustained superior performance. ``(B) A cash award under subchapter I of chapter 45 of title 5 may be granted to an employee of the Office without the need for any approval under section 4502(b) of title 5. The Office may approve cash awards in excess of $10,000, but not in excess of $25,000, to an employee for exceptional and unusually outstanding contributions or accomplishments. ``(4) Application of procedures.--(A) In applying sections 4303(b)(1)(A) and 7513(b) of title 5 to employees of the Office, `30 days' may be deemed to be `15 days'. ``(B) Notwithstanding the second sentence of section 5335(c) of title 5, an employee of the Office shall not have a right to appeal the denial of a periodic step increase under section 5335 to the Merit Systems Protection Board. ``(e) Classification and Pay Flexibilities.-- ``(1) Definition.--For purposes of this subsection, the term `broad-banded system' means a system for grouping positions for pay, job evaluation, and other purposes that is different from the system established under chapter 51 and subchapter III of chapter 53 of title 5 as a result of combining grades and related ranges of rates of pay in 1 or more occupational series. ``(2) Establishment of broad-banded systems.--(A)(i) The Director may, subject to criteria to be prescribed by the Office of Personnel Management, establish 1 or more broad- banded systems covering all or any portion of the Office workforce. ``(ii) With the approval of the Office of Personnel Management, a broad-banded system established under this subsection may either include or consist of positions that otherwise would be subject to subchapter IV of chapter 53 or section 5376 of title 5. ``(B) The Office of Personnel Management may require the Director to submit to the Office of Personnel Management information relating to broad-banded systems at the Office. ``(C) Except as otherwise provided under this section, employees under a broad-banded system shall continue to be subject to the laws and regulations covering employees under the pay system that otherwise would apply to such employees. ``(D) The criteria to be prescribed by the Office of Personnel Management shall, at a minimum-- ``(i) ensure that the structure of any broad-banded system maintains the principle of equal pay for substantially equal work; ``(ii) establish the minimum and maximum number of grades that may be combined into pay bands; ``(iii) establish requirements for setting minimum and maximum rates of pay in a pay band; ``(iv) establish requirements for adjusting the pay of an employee within a pay band; ``(v) establish requirements for setting the pay of a supervisory employee whose position is in a pay band or who supervises employees whose positions are in pay bands; and ``(vi) establish requirements and methodologies for setting the pay of an employee upon conversion to a broad-banded system, initial appointment, change of position or type of appointment (including promotion, demotion, transfer, reassignment, reinstatement, or placement in another pay band, or movement to a different geographic location), and movement between a broad-banded system and another pay system. ``(E) With the approval of the Office of Personnel Management and in accordance with a plan for implementation submitted by the Director, the Director may, with respect to the Office employees who are covered by a broad-banded system established under this section, provide for variations from the provisions of subchapter VI of chapter 53 of title 5. ``(f) General Workforce Staffing.-- ``(1) Evaluating applicants.--(A) Notwithstanding subchapter I of chapter 33 of title 5, the Office may establish category rating systems for evaluating applicants for Office positions in the competitive service under which qualified candidates are divided into 2 or more quality categories on the basis of relative degrees of merit, rather than assigned individual numerical ratings. ``(B) Each applicant who meets the minimum qualification requirements for the position to be filled shall be assigned to an appropriate category based on an evaluation of the applicant's knowledge, skills, and abilities relative to those needed for successful performance in the position to be filled. ``(C) Within each quality category established under subparagraph (A), preference eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional positions at or higher than GS-9 (or equivalent), preference eligibles who have a compensable service-connected disability of 10 percent or more, and who meet the minimum qualification standards, shall be listed in the highest quality category. ``(D) An appointing authority may select any applicant from the highest quality category or, if fewer than 3 candidates have been assigned to the highest quality category, from a merged category consisting of the highest and second highest categories. ``(E) Notwithstanding subparagraph (D), the appointing authority may not pass over a preference eligible in the same or higher category from which selection is made unless the requirements of section 3317(b) or 3318(b) of title 5, United States Code, as applicable, are satisfied. ``(2) Detailing of employees.--The Director may detail employees among the offices of the Office without regard to the 120-day limitation in section 3341(b) of title 5. ``(3) Probationary periods.--Notwithstanding any other provision of law, the Office may establish a probationary period under section 3321 of title 5 of up to 3 years for Office positions if the Director determines that the nature of the work is such that a shorter period is insufficient to demonstrate complete proficiency in the position. ``(4) Precedence of presidential and court orders.--Nothing in this section exempts the Office from-- ``(A) any employment priority established under direction of the President for the placement of surplus or displaced employees; or ``(B) any obligation under a court order or decree relating to the employment practices of the Office or the Department of Commerce. ``(g) Streamlined Demonstration Project Authority.-- ``(1) Demonstration project authority.--The exercise of any of the authorities under this section shall not affect the authority of the Office to implement a demonstration project subject to chapter 47 of title 5, as provided in paragraph (2). ``(2) Applicability of title 5.--In applying section 4703 of title 5 to a demonstration project described in section 4701(a)(4) of title 5 which involves the Office-- ``(A) section 4703(b)(1) shall be deemed to read `(1) develop a plan for such project which describes its purpose, the employees to be covered, the project itself, its anticipated outcomes, and the method of evaluating the project;'; ``(B) section 4703(b)(3) shall not apply; ``(C) the 180-day notification period in section 4703(b)(4) shall be deemed to be a notification period of 30 days; ``(D) section 4703(b)(6) shall be deemed to read `(6) provide each House of Congress with the final version of the plan.'; ``(E) section 4703(c)(1) shall be deemed to read `(1) subchapter V of chapter 63 or subpart G of part III of this title;'; ``(F) the requirements of paragraphs (1)(A) and (2) of section 4703(d) shall not apply; and ``(G) notwithstanding section 4703(d)(1)(B), based on an evaluation as provided in section 4703(h), the Office of Personnel Management and the Director, except as otherwise provided by this subsection, may waive the termination date of a demonstration project under section 4703(d). ``(3) Notice of intent to waive termination date.--At least 90 days before waiving the termination date under paragraph (2)(G), the Office of Personnel Management shall publish in the Federal Register a notice of its intention to waive the termination date and shall inform in writing both Houses of Congress of its intention.''. SEC. 615. PUBLIC ADVISORY COMMITTEES. Chapter 1 of part I of title 35, United States Code, is amended by inserting after section 4 the following: ``Sec. 5. Patent and Trademark Office Public Advisory Committees ``(a) Establishment of Public Advisory Committees.-- ``(1) Appointment.--The United States Patent and Trademark Office shall have a Patent Public Advisory Committee and a Trademark Public Advisory Committee, each of which shall have 9 voting members who shall be appointed by the Secretary of Commerce and serve at the pleasure of the Secretary of Commerce. Members of each Public Advisory Committee shall be appointed for a term of 3 years, except that of the members first appointed, 3 shall be appointed for a term of 1 year, and 3 shall be appointed for a term of 2 years. In making appointments to each Committee, the Secretary of Commerce shall consider the risk of loss of competitive advantage in international commerce or other harm to United States companies as a result of such appointments. ``(2) Chair.--The Secretary shall designate a chair of each Advisory Committee, whose term as chair shall be for 3 years. ``(3) Timing of appointments.--Initial appointments to each Advisory Committee shall be made within 3 months after the effective date of the Patent and Trademark Office Efficiency Act. Vacancies shall be filled within 3 months after they occur. ``(b) Basis for Appointments.--Members of each Advisory Committee-- ``(1) shall be citizens of the United States who shall be chosen so as to represent the interests of diverse users of the Patent and Trademark Office with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee; ``(2) shall include members who represent small and large entity applicants located in the United States in proportion to the number of applications filed by such members, but in no case shall members who represent small entity patent applicants, including small business concerns, independent inventors, and nonprofit organizations, constitute less than 25 percent of the members of the Patent Public Advisory Committee; and ``(3) shall include individuals with substantial background and achievement in finance, management, labor relations, science, technology, and office automation. In addition to the voting members, each Advisory Committee shall include a representative of each labor organization recognized by the Patent and Trademark Office. Such representatives shall be nonvoting members of the Advisory Committee to which they are appointed. ``(c) Meetings.--Each Advisory Committee shall meet at the call of the chair to consider an agenda set by the Chair. ``(d) Duties.--Each Advisory Committee shall-- ``(1) review the policies, goals, performance, budget, and user fees of the Patent and Trademark Office with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to Trademarks, in the case of the Trademark Public Advisory Committee, and advise the Director on these matters; ``(2) within 60 days after the end of each fiscal year-- ``(A) prepare an annual report on the matters referred to in paragraph (1); ``(B) transmit the report to the Secretary of Commerce, the President, and the Committees on the Judiciary of the Senate and the House of Representatives; and ``(C) publish the report in the Official Gazette of the Patent and Trademark Office. ``(e) Compensation.--Each member of each Advisory Committee shall be compensated for each day (including travel time) during which such member is attending meetings or conferences of that Advisory Committee or otherwise engaged in the business of that Advisory Committee, at the rate which is the daily equivalent of the annual rate of basic pay in effect for level III of the Executive Schedule under section 5314 of title 5. While away from such member's home or regular place of business such member shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5. ``(f) Access to Information.--Members of each Advisory Committee shall be provided access to records and information in the Patent and Trademark Office, except for personnel or other privileged information and information concerning patent applications required to be kept in confidence by section 122. ``(g) Applicability of Certain Ethics Laws.--Members of each Advisory Committee shall be special Government employees within the meaning of section 202 of title 18. ``(h) Inapplicability of Federal Advisory Committee Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to each Advisory Committee. ``(i) Open Meetings.--The meetings of each Advisory Committee shall be open to the public, except that each Advisory Committee may by majority vote meet in executive session when considering personnel or other confidential information.''. SEC. 616. PATENT AND TRADEMARK OFFICE FUNDING. Section 42(c) of title 35, United States Code, is amended in the second sentence-- (1) by striking ``Fees available'' and inserting ``All fees available''; and (2) by striking ``may'' and inserting ``shall''. SEC. 617. CONFORMING AMENDMENTS. (a) Duties.--Chapter 1 of title 35, United States Code, is amended by striking section 6. (b) Regulations for Agents and Attorneys.--Section 31 of title 35, United States Code, and the item relating to such section in the table of sections for chapter 3 of title 35, United States Code, are repealed. SEC. 618. TRADEMARK TRIAL AND APPEAL BOARD. Section 17 of the Act of July 5, 1946 (commonly referred to as the ``Trademark Act of 1946'') (15 U.S.C. 1067) is amended to read as follows: ``Sec. 17. (a) In every case of interference, opposition to registration, application to register as a lawful concurrent user, or application to cancel the registration of a mark, the Director shall give notice to all parties and shall direct a Trademark Trial and Appeal Board to determine and decide the respective rights of registration. ``(b) The Trademark Trial and Appeal Board shall include the Director, the Commissioner for Patents, the Commissioner for Trademarks, and administrative trademark judges who are appointed by the Director.''. SEC. 619. BOARD OF PATENT APPEALS AND INTERFERENCES. Chapter 1 of title 35, United States Code, is amended-- (1) by striking section 7 and redesignating sections 8 through 14 as sections 7 through 13, respectively; and (2) by inserting after section 5 the following: ``Sec. 6. Board of Patent Appeals and Interferences ``(a) Establishment and Composition.--There shall be in the United States Patent and Trademark Office a Board of Patent Appeals and Interferences. The Director, the Commissioner for Patents, the Commissioner for Trademarks, and the administrative patent judges shall constitute the Board. The administrative patent judges shall be persons of competent legal knowledge and scientific ability who are appointed by the Director. ``(b) Duties.--The Board of Patent Appeals and Interferences shall, on written appeal of an applicant, review adverse decisions of examiners upon applications for patents and shall determine priority and patentability of invention in interferences declared under section 135(a). Each appeal and interference shall be heard by at least 3 members of the Board, who shall be designated by the Director. Only the Board of Patent Appeals and Interferences may grant rehearings.''. SEC. 620. ANNUAL REPORT OF DIRECTOR. Section 13 of title 35, United States Code, as redesignated by section 617 of this Act, is amended to read as follows: ``Sec. 13. Annual report to Congress ``The Director shall report to the Congress, not later than 180 days after the end of each fiscal year, the moneys received and expended by the Office, the purposes for which the moneys were spent, the quality and quantity of the work of the Office, the nature of training provided to examiners, the evaluation of the Director by the Secretary of Commerce, the Director's compensation, and other information relating to the Office.''. SEC. 621. SUSPENSION OR EXCLUSION FROM PRACTICE. Section 32 of title 35, United States Code, is amended by inserting before the last sentence the following: ``The Director shall have the discretion to designate any attorney who is an officer or employee of the United States Patent and Trademark Office to conduct the hearing required by this section.''. SEC. 622. PAY OF DIRECTOR. Section 5314 of title 5, United States Code, is amended by striking ``Assistant Secretary of Commerce and Commissioner of Patents and Trademarks.'' and inserting ``Under Secretary of Commerce and Director of the United States Patent and Trademark Office.''. Subtitle B--Effective Date; Technical Amendments SEC. 631. EFFECTIVE DATE. This title and the amendments made by this title shall take effect 4 months after the date of the enactment of this Act. SEC. 632. TECHNICAL AND CONFORMING AMENDMENTS. (a) Amendments to Title 35.-- (1) The item relating to part I in the table of parts for chapter 35, United States Code, is amended to read as follows: ``I. United States Patent and Trademark Office.............. 1''. (2) The heading for part I of title 35, United States Code, is amended to read as follows: ``PART I--UNITED STATES PATENT AND TRADEMARK OFFICE''. (3) The table of chapters for part I of title 35, United States Code, is amended by amending the item relating to chapter 1 to read as follows: ``1. Establishment, Officers and Employees, Functions....... 1''. (4) The table of sections for chapter 1 of title 35, United States Code, is amended to read as follows: ``CHAPTER 1--ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS ``Sec. ``1. Establishment. ``2. Powers and duties. ``3. Officers and employees. ``4. Restrictions on officers and employees as to interest in patents. ``5. Patent and Trademark Office Public Advisory Committee. ``6. Board of Patent Appeals and Interferences. ``7. Library. ``8. Classification of patents. ``9. Certified copies of records. ``10. Publications. ``11. Exchange of copies of patents with foreign countries. ``12. Copies of patents for public libraries. ``13. Annual report to Congress.''. (5) Section 41(h) of title 35, United States Code, is amended by striking `Commissioner of Patents and Trademarks' and inserting ``Director''. (6) Section 155 of title 35, United States Code, is amended by striking ``Commissioner of Patents and Trademarks'' and inserting ``Director''. (7) Section 155A(c) of title 35, United States Code, is amended by striking ``Commissioner of Patents and Trademarks'' and inserting ``Director''. (8) Section 302 of title 35, United States Code, is amended by striking ``Commissioner of Patents'' and inserting ``Director''. (9) Section 303(b) of title 35, United States Code, is amended by striking ``Commissioner's'' and inserting ``Director's''. (10)(A) Except as provided in subparagraph (B), title 35, United States Code, is amended by striking ``Commissioner'' each place it appears and inserting ``Director''. (B) Chapter 17 of title 35, United States Code, is amended by striking ``Commissioner'' each place it appears and inserting ``Commissioner of Patents''. (11) Section 41(a)(8)(A) of title 35, United States Code, is amended by striking ``On'' and inserting ``on''. (12) Section 157(d) of title 35, United States Code, is amended by striking ``Secretary of Commerce'' and inserting ``Director''. (13) Section 181 of title 35, United States Code, is amended in the third paragraph by striking ``Secretary of Commerce under rules prescribed by him'' and inserting ``Director under rules prescribed by the Patent and Trademark Office''. (14) Section 188 of title 35, United States Code, is amended by striking ``Secretary of Commerce'' and inserting ``Patent and Trademark Office''. (15) Section 202(a) of title 35, United States Code, is amended-- (A) by striking ``iv)'' and inserting ``(iv)''; and (B) by striking the second period after ``Department of Energy'' at the end of the first sentence. (b) Other Provisions of Law.-- (1)(A) Section 45 of the Act of July 5, 1946 (commonly referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1127), is amended by striking ``The term `Commissioner'' means the Commissioner of Patents and Trademarks.' and inserting ``The term `Director' means the Director of the United States Patent and Trademark Office.''. (B) The Act of July 5, 1946 (commonly referred to as the ``Trademark Act of 1946''; 15 U.S.C. 1051 and following), except for section 17, as amended by section 116 of this Act, is amended by striking ``Commissioner'' each place it appears and inserting ``Director''. (2) Section 500(e) of title 5, United States Code, is amended by striking ``Patent Office'' and inserting ``United States Patent and Trademark Office''. (3) Section 5102(c)(23) of title 5, United States Code, is amended to read as follows: ``(23) administrative patent judges and designated administrative patent judges in the United States Patent and Trademark Office;''. (4) Section 5316 of title 5, United States Code (5 U.S.C. 5316) is amended by striking ``Commissioner of Patents, Department of Commerce.'', `Deputy Commissioner of Patents and Trademarks.'', ``Assistant Commissioner for Patents.'', and `Assistant Commissioner for Trademarks.''. (5) Section 9(p)(1)(B) of the Small Business Act (15 U.S.C. 638(p)(1)(B)) is amended to read as follows: ``(B) the Director of the United States Patent and Trademark Office; and''. (6) Section 12 of the Act of February 14, 1903 (15 U.S.C. 1511) is amended by striking ``(d) Patent and Trademark Office;'' and redesignating subsections (a) through (g) as paragraphs (1) through (6), respectively. (7) Section 19 of the Tennessee Valley Authority Act of 1933 (16 U.S.C. 831r) is amended-- (A) by striking ``Patent Office of the United States'' and inserting ``United States Patent and Trademark Office''; and (B) by striking ``Commissioner of Patents'' and inserting ``Director of the United States Patent and Trademark Office''. (8) Section 182(b)(2)(A) of the Trade Act of 1974 (19 U.S.C. 2242(b)(2)(A)) is amended by striking ``Commissioner of Patents and Trademarks'' and inserting ``Director of the United States Patent and Trademark Office''. (9) Section 302(b)(2)(D) of the Trade Act of 1974 (19 U.S.C. 2412(b)(2)(D)) is amended by striking ``Commissioner of Patents and Trademarks'' and inserting ``Director of the United States Patent and Trademark Office''. (10) The Act of April 12, 1892 (27 Stat. 395; 20 U.S.C. 91) is amended by striking ``Patent Office'' and inserting ``United States Patent and Trademark Office''. (11) Sections 505(m) and 512(o) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(m) and 360b(o)) are each amended by striking ``Patent and Trademark Office of the Department of Commerce'' and inserting ``United States Patent and Trademark Office''. (12) Section 702(d) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 372(d)) is amended by striking ``Commissioner of Patents'' and inserting ``Director of the United States Patent and Trademark Office''. (13) Section 105(e) of the Federal Alcohol Administration Act (27 U.S.C. 205(e)) is amended by striking ``United States Patent Office'' and inserting ``United States Patent and Trademark Office''. (14) Section 1295(a)(4) of title 28, United States Code, is amended-- (A) in subparagraph (A) by inserting ``United States'' before ``Patent and Trademark''; and (B) in subparagraph (B) by striking ``Commissioner of Patents and Trademarks'' and inserting ``Director of the United States Patent and Trademark Office''. (15) Section 1744 of title 28, United States Code is amended-- (A) by striking ``Patent Office'' each place it appears in the text and section heading and inserting ``United States Patent and Trademark Office''; (B) by striking ``Commissioner of Patents'' and inserting ``Director of the United States Patent and Trademark Office''; and (C) by striking ``Commissioner'' and inserting ``Director''. (16) Section 1745 of title 28, United States Code, is amended by striking ``United States Patent Office'' and inserting ``United States Patent and Trademark Office''. (17) Section 1928 of title 28, United States Code, is amended by striking ``Patent Office'' and inserting ``United States Patent and Trademark Office''. (18) Section 151 of the Atomic Energy Act of 1954 (42 U.S.C. 2181) is amended in subsections (c) and (d) by striking ``Commissioner of Patents'' and inserting ``Director of the United States Patent and Trademark Office''. (19) Section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) is amended by striking ``Commissioner of Patents'' each place it appears and inserting ``Director of the United States Patent and Trademark Office''. (20) Section 305 of the National Aeronautics and Space Act of 1958 (42 U.S.C. 2457) is amended-- (A) in subsection (c) by striking ``Commissioner of Patents'' and inserting ``Director of the United States Patent and Trademark Office (hereafter in this section referred to as the `Director')''; and (B) by striking ``Commissioner'' each subsequent place it appears and inserting ``Director''. (21) Section 12(a) of the Solar Heating and Cooling Demonstration Act of 1974 (42 U.S.C. 5510(a)) is amended by striking ``Commissioner of the Patent Office'' and inserting ``Director of the United States Patent and Trademark Office''. (22) Section 1111 of title 44, United States Code, is amended by striking ``the Commissioner of Patents,''. (23) Section 1114 of title 44, United States Code, is amended by striking ``the Commissioner of Patents,''. (24) Section 1123 of title 44, United States Code, is amended by striking ``the Patent Office,''. (25) Sections 1337 and 1338 of title 44, United States Code, and the items relating to those sections in the table of contents for chapter 13 of such title, are repealed. (26) Section 10(i) of the Trading With the Enemy Act (50 U.S.C. App. 10(i)) is amended by striking ``Commissioner of Patents'' and inserting ``Director of the United States Patent and Trademark Office''. (27) Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended-- (A) in paragraph (1)-- (i) by striking ``and'' before ``the chief executive officer of the Resolution Trust Corporation;''; (ii) by striking ``and'' before ``the Chairperson of the Federal Deposit Insurance Corporation;''; (iii) by striking ``or'' before ``the Commissioner of Social Security,''; and (iv) by inserting ``or the Director of the United States Patent and Trademark Office;'' after ``Social Security Administration;''; and (B) in paragraph (2)-- (i) by striking ``or'' before ``the Veterans' Administration,''; and (ii) by striking ``or the Social Security Administration'' and inserting ``the Social Security Administration, or the United States Patent and Trademark Office''. Subtitle C--Miscellaneous Provisions SEC. 641. REFERENCES. (a) In General.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this title-- (1) to the head of such department or office is deemed to refer to the head of the department or office to which such function is transferred; or (2) to such department or office is deemed to refer to the department or office to which such function is transferred. (b) Specific References.--Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Patent and Trademark Office-- (1) to the Commissioner of Patents and Trademarks is deemed to refer to the Director of the United States Patent and Trademark Office; (2) to the Assistant Commissioner for Patents is deemed to refer to the Commissioner for Patents; or (3) to the Assistant Commissioner for Trademarks is deemed to refer to the Commissioner for Trademarks. SEC. 642. EXERCISE OF AUTHORITIES. Except as otherwise provided by law, a Federal official to whom a function is transferred by this title may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this title. SEC. 643. SAVINGS PROVISIONS. (a) Legal Documents.--All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges-- (1) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Commerce, any officer or employee of any office transferred by this title, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this title, and (2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (b) Proceedings.--This title shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the effective date of this title before an office transferred by this title, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this title had not been enacted. (c) Suits.--This title shall not affect suits commenced before the effective date of this title, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title had not been enacted. (d) Nonabatement of Actions.--No suit, action, or other proceeding commenced by or against the Department of Commerce or the Secretary of Commerce, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this title, shall abate by reason of the enactment of this title. (e) Continuance of Suits.--If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this title such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (f) Administrative Procedure and Judicial Review.--Except as otherwise provided by this title, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this title shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this title. SEC. 644. TRANSFER OF ASSETS. Except as otherwise provided in this title, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this title shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. SEC. 645. DELEGATION AND ASSIGNMENT. Except as otherwise expressly prohibited by law or otherwise provided in this title, an official to whom functions are transferred under this title (including the head of any office to which functions are transferred under this title) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this title shall relieve the official to whom a function is transferred under this title of responsibility for the administration of the function. SEC. 646. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED. (a) Determinations.--If necessary, the Director of the Office of Management and Budget shall make any determination of the functions that are transferred under this title. (b) Incidental Transfers.--The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this title, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this title. The Director shall provide for the termination of the affairs of all entities terminated by this title and for such further measures and dispositions as may be necessary to effectuate the purposes of this title. SEC. 647. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS. For purposes of this title, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function. SEC. 648. AVAILABILITY OF EXISTING FUNDS. Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this title shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities, subject to the submission of a plan to the Committees on Appropriations of the House and Senate in accordance with the procedures set forth in section 605 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999, as contained in Public Law 105-277. SEC. 649. DEFINITIONS. For purposes of this title-- (1) the term ``function'' includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term ``office'' includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof. TITLE VII--MISCELLANEOUS PATENT PROVISIONS SEC. 701. PROVISIONAL APPLICATIONS. (a) Abandonment.--Section 111(b)(5) of title 35, United States Code, is amended to read as follows: ``(5) Abandonment.--Notwithstanding the absence of a claim, upon timely request and as prescribed by the Commissioner, a provisional application may be treated as an application filed under subsection (a). Subject to section 119(e)(3) of this title, if no such request is made, the provisional application shall be regarded as abandoned 12 months after the filing date of such application and shall not be subject to revival thereafter.''. (b) Technical Amendment Relating to Weekends and Holidays.--Section 119(e) of title 35, United States Code, is amended by adding at the end the following: ``(3) If the day that is 12 months after the filing date of a provisional application falls on a Saturday, Sunday, or Federal holiday within the District of Columbia, the period of pendency of the provisional application shall be extended to the next succeeding secular or business day.''. (c) Elimination of Copendency Requirement.--Section 119(e)(2) of title 35, United States Code, is amended by striking ``and the provisional application was pending on the filing date of the application for patent under section 111(a) or section 363 of this title''. (d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to any provisional application filed on or after June 8, 1995, except that the amendments made by subsections (b) and (c) shall have no effect with respect to any patent which is the subject of litigation in an action commenced before such date of enactment. SEC. 702. INTERNATIONAL APPLICATIONS. Section 119 of title 35, United States Code, is amended-- (1) in subsection (a)-- (A) by inserting ``in a WTO member country or'' after ``patent for the same invention''; and (B) by inserting ``such WTO member country or'' after ``first filed in''; (2) in subsection (c), by inserting ``WTO member country or'' after ``application in the same''; and (3) by adding at the end the following: ``(f) Applications for plant breeder's rights filed in a WTO member country (or in a foreign UPOV Contracting Party) shall have the same effect for the purpose of the right of priority under subsections (a) through (c) of this section as applications for patent, subject to the same conditions and requirements of this section as apply to applications for patents. ``(g) As used in this section-- ``(1) the term `WTO member country' has the meaning given that term in section 2(10) of the Uruguay Round Agreements Act; and ``(2) the term `UPOV Contracting Party' means a member of the International Convention for the Protection of New Varieties of Plants.''. SEC. 703. CERTAIN LIMITATIONS ON DAMAGES FOR PATENT INFRINGEMENT NOT APPLICABLE. Section 287(c)(4) of title 35, United States Code, is amended by striking ``before the date of enactment of this subsection'' and inserting ``based on an application the earliest effective filing date of which is prior to September 30, 1996''. SEC. 704. ELECTRONIC FILING. Section 22 of title 35, United States Code, is amended by striking ``printed or typewritten'' and inserting ``printed, typewritten, or on an electronic medium''. SEC. 705. STUDY AND REPORT ON BIOLOGICAL DEPOSITS IN SUPPORT OF BIOTECHNOLOGY PATENTS. (a) In General.--No later than 6 months after the date of the enactment of this Act, the Comptroller General of the United States, in consultation with the Director of the United States Patent and Trademark Office, shall conduct a study and submit a report to the Congress on the potential risks to the United States biotechnology industry relating to biological deposits in support of biotechnology patents. (b) Contents.--The study conducted under this section shall include-- (1) an examination of the risk of export and the risk of transfers to third parties of biological deposits, and the risks posed by the change to 18-month publication requirements made by this Act; (2) an analysis of comparative legal and regulatory regimes; and (3) any related recommendations. (c) Consideration of Report.--In drafting regulations affecting biological deposits (including any modification of title 37, Code of Federal Regulations, section 1.801 et seq.), the Patent and Trademark Office shall consider the recommendations of the study conducted under this section. SEC. 706. PRIOR INVENTION. Section 102(g) of title 35, United States Code, is amended to read as follows: ``(g)(1) during the course of an interference conducted under section 135 or section 291, another inventor involved therein establishes, to the extent permitted in section 104, that before such person's invention thereof the invention was made by such other inventor and not abandoned, suppressed, or concealed, or (2) before such person's invention thereof, the invention was made in this country by another inventor who had not abandoned, suppressed, or concealed it. In determining priority of invention under this subsection, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive and last to reduce to practice, from a time prior to conception by the other.''. SEC. 707. PRIOR ART EXCLUSION FOR CERTAIN COMMONLY ASSIGNED PATENTS. (a) Prior Art Exclusion.--Section 103(c) of title 35, United States Code, is amended by striking ``subsection (f) or (g)'' and inserting ``one or more of subsections (e), (f), and (g)''. (b) Effective Date.--The amendment made by subsection (a) shall apply to any application for patent filed on or after the date of the enactment of this Act. <all>

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2024-06-24T03:05:46.441123

BILLS-106hr1912ih

National Museum of the United States Army Site Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1912 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1912 To require the Secretary of the Army to designate Fort Belvoir, Virginia, as the site for the planned National Museum of the United States Army. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 24, 1999 Mr. Moran of Virginia introduced the following bill; which was referred to the Committee on Armed Services _______________________________________________________________________ A BILL To require the Secretary of the Army to designate Fort Belvoir, Virginia, as the site for the planned National Museum of the United States Army. 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 Museum of the United States Army Site Act of 1999''. SEC. 2. FINDINGS AND PURPOSES. (a) Findings.--Congress makes the following findings: (1) The Nation does not have adequate knowledge of the role of the United States Army in the development and protection of the United States. (2) The United States Army, which is the oldest United States military service, lacks a primary museum with public exhibition space and is in dire need of a permanent facility to house and display its historical artifacts. (3) Such a museum would serve to enhance the preservation, study, and interpretation of Army historical artifacts. (4) Many Army artifacts of historical significance and national interest, which are currently unavailable for public display, would be exhibited in such a museum. (5) While the Smithsonian Institution would be able to assist the Army in developing programs of presentations relating to the mission, values, and heritage of the Army, such a museum would be a more appropriate institution for such programs. (b) Purposes.--The purposes of this Act are-- (1) to designate a permanent site for a museum to serve as the National Museum of the United States Army; (2) to ensure the preservation, maintenance, and interpretation of the artifacts and history collected by such museum; (3) to enhance the knowledge of the American people to the role of the Army in United States history; and (4) to provide a facility for the public display of the artifacts and history of the Army. SEC. 3. LOCATION OF NATIONAL MUSEUM OF THE UNITED STATES ARMY. The Secretary of the Army shall designate Fort Belvoir, Virginia, as the location of the National Museum of the United States Army. <all>

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2024-06-24T03:05:46.453459

BILLS-106hr1915ih

Jennifer's Law

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1915 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1915 To provide grants to the States to improve the reporting of unidentified and missing persons. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Lazio (for himself, Mr. King, Mr. Lampson, Mr. Cramer, Mr. Foley, Mr. Lantos, Mr. Clement, Mr. Farr of California, Mr. Hastings of Florida, Mr. Cunningham, Mr. Etheridge, Mrs. Mink of Hawaii, Mr. English, Mr. Luther, Ms. Woolsey, Mr. Sweeney, Mr. Ramstad, Mr. Armey, and Mr. DeLay) introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To provide grants to the States to improve the reporting of unidentified and missing persons. 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 ``Jennifer's Law''. SEC. 2. PROGRAM AUTHORIZED. The Attorney General is authorized to provide grant awards to States to enable States to improve the reporting of unidentified and missing persons. SEC. 3. ELIGIBILITY. (a) Application.--To be eligible to receive a grant award under this Act, a State shall submit an application at such time and in such form as the Attorney General may reasonably require. (b) Contents.--Each such application shall include assurances that the State shall, to the greatest extent possible-- (1) report to the National Crime Information Center and when possible, to law enforcement authorities throughout the State regarding every deceased unidentified person, regardless of age, found in the State's jurisdiction; (2) enter a complete profile of such unidentified person in compliance with the guidelines established by the Department of Justice for the National Crime Information Center Missing and Unidentified Persons File, including dental records, x-rays, and fingerprints, if available; (3) enter the National Crime Information Center number or other appropriate number assigned to the unidentified person on the death certificate of each such unidentified person; and (4) retain all such records pertaining to unidentified persons until a person is identified. SEC. 4. USES OF FUNDS. A State that receives a grant award under this Act may use such funds received to establish or expand programs developed to improve the reporting of unidentified persons in accordance with the assurances provided in the application submitted pursuant to section 3(b). SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2000, 2001, and 2002. <all>

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2024-06-24T03:05:46.585541

BILLS-106hr1916ih

To amend the Internal Revenue Code of 1986 to reduce to 36 months the amortization period for reforestation expenditures and to increase to $25,000 the maximum annual amount of such expenditures which may be amortized.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1916 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1916 To amend the Internal Revenue Code of 1986 to reduce to 36 months the amortization period for reforestation expenditures and to increase to $25,000 the maximum annual amount of such expenditures which may be amortized. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Turner (for himself, Mr. Frost, Mr. Price of North Carolina, Mr. Pombo, Mr. Pickering, Mr. Sessions, and Mr. Sandlin) 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 reduce to 36 months the amortization period for reforestation expenditures and to increase to $25,000 the maximum annual amount of such expenditures which may be amortized. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MODIFICATIONS OF AMORTIZATION DEDUCTION FOR REFORESTATION EXPENDITURES. (a) Reduction in Amortization Period.--Subsection (a) of section 194 of the Internal Revenue Code of 1986 (relating to amortization of reforestation expenditures) is amended-- (1) by striking ``84 months'' and inserting ``36 months'', and (2) by striking ``84-month period'' and inserting ``36- month period''. (b) Increase in Maximum Amount Which May Be Amortized.-- (1) In general.--Paragraph (1) of section 194(b) of such Code is amended by striking ``$10,000 ($5,000'' and inserting ``$25,000 (half such amount''. (2) Inflation adjustment of maximum amount.--Subsection (b) of section 194 of such Code is amended by adding at the end the following new paragraph: ``(5) Cost-of-living adjustment.--In the case of taxable years beginning in a calendar year after 2000, the $25,000 amount set forth in paragraph (1) shall be increased by an amount equal to-- ``(A) $25,000, multiplied by ``(B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. If any increase under the preceding sentence is not a multiple of $100, such increase shall be rounded to the nearest multiple of $100.'' (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. <all>

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2024-06-24T03:05:46.668155

BILLS-106hr1917ih

Home Health Access Preservation Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1917 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1917 To direct the Secretary of Health and Human Services to make additional payments under the Medicare Program to certain home health agencies with high-cost patients, to provide for an interest-free grace period for the repayment of overpayments made by the Secretary to home health agencies, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. McGovern (for himself, Mr. Coburn, Mr. Weygand, Mr. Barton of Texas, Mr. McIntosh, Mr. Rahall, Mr. Hilleary, Ms. Hooley of Oregon, Mr. Wamp, and Mr. Ackerman) 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 direct the Secretary of Health and Human Services to make additional payments under the Medicare Program to certain home health agencies with high-cost patients, to provide for an interest-free grace period for the repayment of overpayments made by the Secretary to home health agencies, 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 ``Home Health Access Preservation Act of 1999''. SEC. 2. ADDITIONAL PAYMENTS TO AGENCIES FOR MOST EXPENSIVE CASES. (a) Payments for Outliers.-- (1) In general.--Subject to paragraph (2), from amounts appropriated pursuant to subsection (e), the Secretary of Health and Human Services shall pay an additional amount to home health agencies furnishing qualified home health services during a cost reporting period beginning on or after October 1, 1997, under the medicare program (under title XVIII of the Social Security Act). (2) Limitation of payments.--No payment shall be made under this section to a home health agency that, as of the date of the enactment of this Act, has ceased furnishing home health services for which payment may be made under the medicare program (under such title). (b) Description of Qualified Services.--For purposes of additional payment amounts under this section by the Secretary to home health agencies, qualified home health services are home health services furnished under the medicare program for the treatment of conditions within a diagnosis described in subsection (c). (c) Description of Diagnosis.--A diagnosis described in this subsection is one of the following diagnoses as classified in St. Anthony's ICD-9-CM Code Book for Physician Payment: (1) diabetes mellitus (ICD-9-CM code 250). (2) essential hypertension (ICD-9-CM code 401). (3) other forms of chronic ischemic heart disease (ICD-9-CM code 414). (4) heart failure (ICD-9-CM code 428). (5) acute, but ill-defined cerebrovascular disease (ICD-9- CM code 436). (6) pneumonia, organism unspecified (ICD-9-CM code 486). (7) chronic airway obstruction, not elsewhere classified (ICD-9-CM code 496). (8) chronic ulcer of skin (ICD-9-CM code 707). (9) symptoms involving urinary system (ICD-9-CM code 788). (10) fracture of neck of femur (ICD-9-CM code 820). (d) Determination of Agency-Specific Payment Amount.-- (1) Certification of quantity of qualified home health services furnished.-- (A) In general.--With respect to a fiscal year, a home health agency may submit to the Secretary a certification of the number of patients to whom the agency furnished qualified home health services during the agency's cost reporting period beginning in that fiscal year. (B) Deadline for submission.-- (i) In general.--Such certification shall be submitted to the Secretary during the 30-day period beginning on the date the agency submits to the Secretary a cost report for the cost reporting period beginning in such fiscal year. (ii) Transition rule.--In the case of an agency with a cost reporting period beginning on or after October 1, 1997, that ends before the date of the enactment of this Act, with respect to such cost reporting period, the 30- day period under clause (i) begins 60 days after the date of the enactment of this Act. (2) Determination of aggregate qualified home health services furnished.--From data contained in certifications submitted under paragraph (1) with respect to cost reporting periods beginning in fiscal years 1998, 1999, and 2000, the Secretary shall determine, with respect to a fiscal year, the number of patients who have received qualified home health services furnished by agencies submitting such certifications for that fiscal year. The Secretary shall make such determination by not later than 120 days after all cost reports for that fiscal year have been received. (3) Agency-specific percentage of aggregate amount.--For each home health agency submitting a certification under paragraph (1) for a fiscal year described in paragraph (2), the Secretary shall determine an agency-specific percentage by dividing the number of patients certified by the home health agency for that fiscal year by the national total specified in paragraph (2) for that fiscal year. (4) Payment amount.--The Secretary shall pay for a fiscal year described in paragraph (2) to a home health agency making the certification under paragraph (1) an amount equal to the product of the percentage determined under paragraph (3) and the amount appropriated for such fiscal year under subsection (e). (e) Authorization of Appropriations.--There is authorized to be appropriated from the Federal Hospital Insurance Trust Fund (established under section 1817 of the Social Security Act (42 U.S.C. 1395i)) for making additional payments to home health agencies under this section, $250,000,000 in each of the fiscal years 2000 through 2002. (f) Termination.--The Secretary shall not make additional payments under this section for cost reporting periods, or portions of cost reporting periods, beginning on or after the date of the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (g) Limitation on Judicial Review.--There shall be no administrative or judicial review under section 1869 of the Social Security Act (42 U.S.C. 1395ff), section 1878 of such Act (42 U.S.C. 1395oo), or otherwise of any action of the Secretary with respect to the determination of an additional payment amount under this section. SEC. 3. OVERPAYMENTS. (a) 36-Month Repayment Period.--In the case of an overpayment by the Secretary of Health and Human Services to a home health agency for home health services furnished during a cost reporting period beginning on or after October 1, 1997, as a result of payment limitations provided for under clause (v), (vi), or (viii) of section 1861(v)(1)(L) of the Social Security Act (42 U.S.C. 1395x(v)(1)(L)), the home health agency may elect to repay the amount of such overpayment over a 36- month period beginning on the date of notification of such overpayment. (b) Interest on Overpayment Amounts.-- (1) 36-month grace period.-- (A) In general.--In the case of an agency that makes an election under subsection (a), no interest shall accrue on the outstanding balance of the amount of overpayment during such 36-month period. (B) Overdue balances.--In the case of such an agency, interest shall accrue on any outstanding balance of the amount of overpayment after termination of such 36-month period. Interest shall accrue under this subparagraph at the rate of interest charged by banks for loans to their most favored commercial customers, as published in the Wall Street Journal on the Friday immediately following the date of the enactment of this Act. (2) Other agencies.--In the case of an agency described in subsection (a) that does not make an election under subsection (a), interest shall accrue on the outstanding balance of the amount of overpayment at the rate described in the second sentence of paragraph (1)(B). (c) Termination.--No election under subsection (a) may be made for cost reporting periods, or portions of cost reporting periods, beginning on or after the date of the implementation of the prospective payment system for home health services under section 1895 of the Social Security Act (42 U.S.C. 1395fff). (d) Effective Date.--The provisions of subsection (a) shall take effect as if included in the enactment of the Balanced Budget Act of 1997. SEC. 4. UPDATE ON IMPLEMENTATION OF PROSPECTIVE PAYMENT SYSTEM FOR HOME HEALTH AGENCIES. Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until the prospective payment system for home health agencies (established by section 1895 of the Social Security Act (42 U.S.C. 1395fff)) is implemented, the Secretary of Health and Human Services shall meet with the staff of the appropriate committees of Congress to provide an informal update regarding the progress of the Secretary in implementing such payment system. <all>

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2024-06-24T03:05:46.717527

BILLS-106hr1918ih

Criminal Welfare Prevention Act, Part II

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1918 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1918 To provide for implementation of prohibitions against payment of Social Security benefits to prisoners, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Herger (for himself, Mr. Clement, Mr. Crane, Mr. Ramstad, Ms. Dunn, Mr. Watkins, Mr. Hayworth, Mr. Weller, Mr. Foley, and Mr. Tanner) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To provide for implementation of prohibitions against payment of Social Security benefits to prisoners, 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 ``Criminal Welfare Prevention Act, Part II''. SEC. 2. IMPLEMENTATION OF PROHIBITION AGAINST PAYMENT OF TITLE II BENEFITS TO PRISONERS. (a) In General.--Section 202(x)(3) of the Social Security Act (42 U.S.C. 402(x)(3)) is amended-- (1) by inserting ``(A)'' after ``(3)''; and (2) by adding at the end the following new subparagraph: ``(B)(i) The Commissioner shall enter into an agreement under this subparagraph with any interested State or local institution comprising a jail, prison, penal institution, or correctional facility, or comprising any other institution a purpose of which is to confine individuals as described in paragraph (1)(A)(ii). Under such agreement-- ``(I) the institution shall provide to the Commissioner, on a monthly basis and in a manner specified by the Commissioner, the names, Social Security account numbers, dates of birth, confinement commencement dates, and, to the extent available to the institution, such other identifying information concerning the individuals confined in the institution as the Commissioner may require for the purpose of carrying out paragraph (1); and ``(II) the Commissioner shall pay to the institution, with respect to information described in subclause (I) concerning each individual who is confined therein as described in paragraph (1)(A), who receives a benefit under this title for the month preceding the first month of such confinement, and whose benefit under this title is determined by the Commissioner to be not payable by reason of confinement based on the information provided by the institution, $400 (subject to reduction under clause (ii)) if the institution furnishes the information to the Commissioner within 30 days after the date such individual's confinement in such institution begins, or $200 (subject to reduction under clause (ii)) if the institution furnishes the information after 30 days after such date but within 90 days after such date. ``(ii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 1611(e)(1)(I). ``(iii) The provisions of section 552a of title 5, United States Code, shall not apply to any agreement entered into under clause (i) or to information exchanged pursuant to such agreement. ``(iv) There is authorized to be transferred from the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as appropriate, such sums as may be necessary to enable the Commissioner to make payments to institutions required by clause (i)(II). ``(v) The Commissioner is authorized to provide, on a reimbursable basis, information obtained pursuant to agreements entered into under clause (i) to any agency administering a Federal or federally-assisted cash, food, or medical assistance program for eligibility purposes.''. (b) Effective Date.--The amendments made by this section shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. SEC. 3. ELIMINATION OF TITLE II REQUIREMENT THAT CONFINEMENT STEM FROM CRIME PUNISHABLE BY IMPRISONMENT FOR MORE THAN 1 YEAR. (a) In General.--Section 202(x)(1)(A) of the Social Security Act (42 U.S.C. 402(x)(1)(A)) is amended-- (1) in the matter preceding clause (i), by striking ``during'' and inserting ``throughout''; (2) in clause (i), by striking ``an offense punishable by imprisonment for more than 1 year (regardless of the actual sentence imposed)'' and inserting ``a criminal offense''; and (3) in clause (ii)(I), by striking ``an offense punishable by imprisonment for more than 1 year'' and inserting ``a criminal offense''. (b) Effective Date.--The amendments made by this section shall apply to individuals whose period of confinement in an institution commences on or after the first day of the fourth month beginning after the month in which this Act is enacted. SEC. 4. CONFORMING TITLE XVI AMENDMENTS. (a) Fifty Percent Reduction in Title XVI Payment in Case Involving Comparable Title II Payment.--Section 1611(e)(1)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)) is amended-- (1) in clause (i)(II), by inserting ``(subject to reduction under clause (ii))'' after ``$400'' and after ``$200''; (2) by redesignating clauses (ii) and (iii) as clauses (iii) and (iv) respectively; and (3) by inserting after clause (i) the following new clause: ``(ii) The dollar amounts specified in clause (i)(II) shall be reduced by 50 percent if the Commissioner is also required to make a payment to the institution with respect to the same individual under an agreement entered into under section 202(x)(3)(B).''. (b) Expansion of Categories of Institutions Eligible to Enter Into Agreements With the Commissioner.--Section 1611(e)(1)(I)(i) of such Act (42 U.S.C. 1382(e)(1)(I)(i)) is amended in the matter preceding subclause (I) by striking ``institution'' and all that follows through ``section 202(x)(1)(A),'' and inserting ``institution comprising a jail, prison, penal institution, or correctional facility, or with any other interested State or local institution a purpose of which is to confine individuals as described in section 202(x)(1)(A)(ii),''. (c) Effective Date.--The amendments made by this section shall take effect as if included in the enactment of section 203(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2186). The reference to section 202(x)(1)(A)(ii) of the Social Security Act in section 1611(e)(1)(I)(i) of such Act as amended by subsection (b) shall be deemed a reference to such section 202(x)(1)(A)(ii) as amended by section 3(a)(3). <all>

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2024-06-24T03:05:46.805099

BILLS-106hr1919ih

Criminal Welfare Prevention Act, Part III

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1919 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1919 To require the Commissioner of Social Security to provide prisoner information obtained from the States to Federal and federally assisted benefit programs as a means of preventing the erroneous provision of benefits to prisoners. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Herger (for himself, Mr. Clement, Mr. Crane, Mr. Ramstad, Ms. Dunn, Mr. Watkins, Mr. Hayworth, Mr. Weller, and Mr. Foley) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To require the Commissioner of Social Security to provide prisoner information obtained from the States to Federal and federally assisted benefit programs as a means of preventing the erroneous provision of benefits to prisoners. 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 ``Criminal Welfare Prevention Act, Part III''. SEC. 2. 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''. <all>

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2024-06-24T03:05:46.889749

BILLS-106hr1922ih

Citizen Legislature and Political Freedom Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1922 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1922 To amend the Federal Election Campaign Act of 1971 to reform the financing of campaigns for election for Federal office. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Doolittle (for himself, Mr. DeLay, Mrs. Cubin, Mr. Shadegg, Mr. McIntosh, Mr. Sam Johnson of Texas, Mr. Dickey, Mr. Paul, Mrs. Chenoweth, Mr. Largent, Mr. Tancredo, Mr. Taylor of North Carolina, Mr. Peterson of Pennsylvania, Mr. Knollenberg, Mr. Tiahrt, Mr. Skeen, Mr. Barr of Georgia, Mr. Hansen, Mr. Crane, Mr. Armey, Mr. Calvert, Mr. Cannon, Mr. Nethercutt, Mr. Lewis of California, Mr. McInnis, Mr. Young of Alaska, Mr. Linder, Mr. Spence, Mr. Dreier, Ms. Pryce of Ohio, Mr. Pombo, Mr. Radanovich, Mr. Lewis of Kentucky, Mr. Traficant, Mrs. Fowler, Mr. Wicker, Mr. Camp, Mr. McKeon, Mr. Collins, Mr. Cunningham, Mr. Baker, Mr. Sessions, Mr. Burton of Indiana, Mr. Cook, Ms. Dunn, Mr. Hunter, Mr. King, Mr. Norwood, Mr. Packard, Mr. Rohrabacher, Mr. Tauzin, Mr. Whitfield, Mr. Gary Miller of California, Mr. McCrery, Mr. Miller of Florida, Mr. Jones of North Carolina, Mr. Hall of Texas, Mr. Coble, Mr. Bliley, Mr. Salmon, Mr. Ballenger, Mr. Mica, Mr. Weldon of Florida, Mr. Sweeny, Mr. Rogan, Mr. Simpson, Mr. Hayes, Mr. Hoekstra, Mr. Callahan, Mr. Everett, and Mr. Herger) introduced the following bill; which was referred to the Committee on House Administration, 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 Federal Election Campaign Act of 1971 to reform the financing of campaigns for election for Federal office. 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 ``Citizen Legislature and Political Freedom Act''. SEC. 2. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN CONTRIBUTIONS. Section 315(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended by adding at the end the following new paragraph: ``(9) The limitations established under this subsection shall not apply to contributions made during calendar years beginning after 2000.''. SEC. 3. TERMINATION OF TAXPAYER FINANCING OF PRESIDENTIAL ELECTION CAMPAIGNS. (a) Termination of Designation of Income Tax Payments.--Section 6096 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: ``(d) Termination.--This section shall not apply to taxable years beginning after December 31, 1999.'' (b) Termination of Fund and Account.-- (1) Termination of presidential election campaign fund.-- (A) In general.--Chapter 95 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9014. TERMINATION. The provisions of this chapter shall not apply with respect to any presidential election (or any presidential nominating convention) after December 31, 2000, or to any candidate in such an election.'' (B) Transfer of excess funds to general fund.-- Section 9006 of such Code is amended by adding at the end the following new subsection: ``(d) Transfer of Funds Remaining After 1998.--The Secretary shall transfer all amounts in the fund after December 31, 2000, to the general fund of the Treasury.'' (2) Termination of account.--Chapter 96 of subtitle H of such Code is amended by adding at the end the following new section: ``SEC. 9043. TERMINATION. The provisions of this chapter shall not apply to any candidate with respect to any presidential election after December 31, 2000.'' (c) Clerical Amendments.-- (1) The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9014. Termination.'' (2) The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: ``Sec. 9043. Termination.'' SEC. 4. DISCLOSURE REQUIREMENTS FOR CERTAIN SOFT MONEY EXPENDITURES OF POLITICAL PARTIES. (a) Transfers of Funds by National Political Parties.--Section 304(b)(4) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(b)(4)) is amended-- (1) by striking ``and'' at the end of subparagraph (H); (2) by adding ``and'' at the end of subparagraph (I); and (3) by adding at the end the following new subparagraph: ``(J) in the case of a political committee of a national political party, all funds transferred to any political committee of a State or local political party, without regard to whether or not the funds are otherwise treated as contributions or expenditures under this title;''. (b) Disclosure by State and Local Political Parties of Information Reported Under State Law.--Section 304 of such Act (2 U.S.C. 434) is amended by adding at the end the following new subsection: ``(d) If a political committee of a State or local political party is required under a State or local law, rule, or regulation to submit a report on its disbursements to an entity of the State or local government, the committee shall file a copy of the report with the Commission at the time it submits the report to such an entity.''. (c) Effective Date.--The amendments made by this section shall apply with respect to elections occurring after January 2001. SEC. 5. 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 section 4(b), is further amended by adding at the end the following new subsection: ``(e)(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.''. (d) Effective Date.--The amendment made by this section shall apply with respect to reports for periods beginning on or after January 1, 2001. SEC. 6. WAIVER OF ``BEST EFFORTS'' EXCEPTION FOR INFORMATION ON IDENTIFICATION OF CONTRIBUTORS. (a) In General.--Section 302(i) of the Federal Election Campaign Act of 1971 (2 U.S.C. 432(i)) is amended-- (1) by striking ``(i) When the treasurer'' and inserting ``(i)(1) Except as provided in paragraph (2), when the treasurer''; and (2) by adding at the end the following new paragraph: ``(2) Paragraph (1) shall not apply with respect to information regarding the identification of any person who makes a contribution or contributions aggregating more than $200 during a calendar year (as required to be provided under subsection (c)(3)).''. (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to persons making contributions for elections occurring after January 2001. <all>

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2024-06-24T03:05:46.908425

BILLS-106hr1921ih

Tip Credit Protection Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1921 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1921 To provide that the provision of the Fair Labor Standards Act of 1938 on the accounting of tips in determining the wage of tipped employees shall preempt any State or local provision precluding a tip credit or requiring a tip credit less than the tip credit provided under such Act and to amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Bilbray (for himself and Mr. McKeon, Mr. Campbell, Mr. Cox, and Mr. Ehrlich) 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 provide that the provision of the Fair Labor Standards Act of 1938 on the accounting of tips in determining the wage of tipped employees shall preempt any State or local provision precluding a tip credit or requiring a tip credit less than the tip credit provided under such Act and to amend the Internal Revenue Code of 1986 to provide that tips received for certain services shall not be subject to income or employment taxes. 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 ``Tip Credit Protection Act of 1999''. SEC. 2. PREEMPTION. Section 18 of the Fair Labor Standards Act of 1938 (29 U.S.C. 218) is amended by adding at the end the following: ``(c) No law, ordinance, regulation, or order established or enforced by a State or political subdivision of a State shall-- ``(1) preclude a tip credit, or ``(2) prohibit an employer from applying a tip credit, as authorized by section 3(m) if the employer pays cash wages to tipped employees that are not less than the minimum cash wage required by such law, ordinance, regulation, or order of a State or political subdivision of a State on the date of the enactment of this subsection.''. SEC. 3. TIPS RECEIVED FOR CERTAIN SERVICES NOT SUBJECT TO INCOME OR EMPLOYMENT TAXES. (a) In General.--Section 102 of the Internal Revenue Code of 1986 (relating to gifts and inheritances) is amended by adding at the end the following new subsection: ``(d) Tips Received for Certain Services.-- ``(1) In general.--For purposes of subsection (a), tips received by an individual for qualified services performed by such individual shall be treated as property transferred by gift. ``(2) Qualified services.--For purposes of this subsection, the term `qualified services' means cosmetology, hospitality (including lodging and food and beverage services), recreation, taxi, newspaper deliveries and shoe shine services. ``(3) Annual limit.--The amount excluded from gross income for the taxable year by reason of paragraph (1) with respect to each service provider shall not exceed $10,000. ``(4) Employee taxable on at least minimum wage.--Paragraph (1) shall not apply to tips received by an employee during any month to the extent that such tips-- ``(A) are deemed to have been paid by the employer to the employee pursuant to section 3121(q) (without regard to whether such tips are reported under section 6053), and ``(B) do not exceed the excess of-- ``(i) the minimum wage rate applicable to such individual under section 6(a)(1) of the Fair Labor Standards Act of 1938 (determined without regard to section 3(m) of such Act), over ``(ii) the amount of the wages (excluding tips) paid by the employer to the employee during such month. ``(5) Tips.--For purposes of this title, the term `tips' means a gratuity paid by an individual for services performed for such individual (or for a group which includes such individual) by another individual if such services are not provided pursuant to an employment or similar contractual relationship between such individuals.'' (b) Exclusion From Social Security Taxes.-- (1) Paragraph (12) of section 3121(a) of such Code is amended to read as follows: ``(12)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);''. (2) Paragraph (10) of section 209(a) of the Social Security Act is amended to read as follows: ``(10)(A) tips paid in any medium other than cash; ``(B) cash tips received by an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d) of the Internal Revenue Code of 1986 for such month;''. (3) Paragraph (3) of section 3231(e) of such Code is amended to read as follows: ``(3) Solely for purposes of the taxes imposed by section 3201 and other provisions of this chapter insofar as they relate to such taxes, the term `compensation' also includes cash tips received by an employee in any calendar month in the course of his employment by an employer if the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d).''. (c) Exclusion From Unemployment Compensation Taxes.--Subsection (s) of section 3306 of such Code is amended to read as follows: ``(s) Tips Not Treated as Wages.--For purposes of this chapter, the term `wages' shall include tips received in any month only to the extent includible in gross income after the application of section 102(d) for such month.'' (d) Exclusion From Wage Withholding.--Paragraph (16) of section 3401(a) of such Code is amended to read as follows: ``(16)(A) as tips in any medium other than cash; ``(B) as cash tips to an employee in any calendar month in the course of his employment by an employer unless the amount of such cash tips is $20 or more and then only to the extent includible in gross income after the application of section 102(d);'' (e) Conforming Amendment.--Sections 32(c)(2)(A)(i) and 220(b)(4)(A) of such Code are each amended by striking ``tips'' and inserting ``tips to the extent includible in gross income after the application of section 102(d))''. (f) Effective Date.--The amendments made by this section shall apply to tips received after the calendar month which includes the date of the enactment of this Act. <all>

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2024-06-24T03:05:46.972247

BILLS-106hr1923ih

To amend the Internal Revenue Code of 1986 to restore the exclusion from gross income for damage awards for emotional distress.

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1923 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1923 To amend the Internal Revenue Code of 1986 to restore the exclusion from gross income for damage awards for emotional distress. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Frank of Massachusetts (for himself, Mr. Frost, Ms. Sanchez, 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 restore the exclusion from gross income for damage awards for emotional distress. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. RESTORATION OF EXCLUSION FROM GROSS INCOME FOR DAMAGE AWARDS FOR EMOTIONAL DISTRESS. (a) In General.--Subsection (a) of section 104 of the Internal Revenue Code of 1986 (relating to compensation for injuries or sickness) is amended-- (1) by striking ``physical'' each place it appears in paragraph (2), and (2) by striking the last 2 sentences and inserting the following new sentence: ``For purposes of paragraph (2), the term `personal injuries or sickness' includes emotional distress.'' (b) Effective Date.--The amendment made by subsection (a) shall apply to amounts received after December 31, 1998, in taxable years ending after such date. <all>

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2024-06-24T03:05:47.048588

BILLS-106hr1925ih

Safe Parks Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1925 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1925 To amend title 18, United States Code, to prohibit sex offenders from entering National Parks. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Green of Wisconsin introduced the following bill; which was referred to the Committee on the Judiciary _______________________________________________________________________ A BILL To amend title 18, United States Code, to prohibit sex offenders from entering National Parks. 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 ``Safe Parks Act of 1999''. SEC. 2. PROHIBITING SEX OFFENDERS FROM ENTERING NATIONAL PARKS. (a) In General.--Chapter 91 of title 18, United States Code, is amended by adding at the end the following: ``Sec. 1865. Sex offenders prohibited from entering national parks ``Whoever, being a person required to register under section 107101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071), knowingly enters into a unit of the National Park System, as defined in section 2(a) of the Act of August 8, 1953 (Chapter 384, 67 Stat. 496) shall be fined under this title or imprisoned not more than 3 years, or both.''. (b) Clerical Amendment.--The table of sections at the beginning of chapter 91 of title 18, United States Code, is amended by adding at the end the following new item: ``1865. Sex offenders prohibited from entering national parks.''. <all>

usgpo

2024-06-24T03:05:47.091646

BILLS-106hr1926ih

Bring Them Home Alive Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1926 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1926 To provide for the granting of refugee status in the United States to nationals of certain foreign countries in which American Vietnam War POW/MIAs or American Korean War POW/MIAs may be present, if those nationals assist in the return to the United States of those POW/MIAs alive. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Hefley (for himself, Mr. Rohrabacher, Mrs. McCarthy of New York, Mr. Shows, Mr. Holden, Mr. Diaz-Balart, Mr. McHugh, Mr. Ortiz, Mr. Schaffer, Mr. Fossella, Mr. English, Mr. Green of Texas, Mr. Whitfield, Ms. Granger, Mr. Burton of Indiana, Mrs. Kelly, Mr. Gutierrez, Mr. Davis of Virginia, Mr. Fletcher, Mr. Forbes, Mr. Cunningham, Mr. Shays, Mr. Filner, Mr. McCollum, Mr. Hilleary, Mr. Lucas of Kentucky, Mr. McGovern, Mr. King, Mr. Lewis of Kentucky, Mr. Hunter, and Mr. Hostettler) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on International Relations, 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 the granting of refugee status in the United States to nationals of certain foreign countries in which American Vietnam War POW/MIAs or American Korean War POW/MIAs may be present, if those nationals assist in the return to the United States of those POW/MIAs alive. 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 ``Bring Them Home Alive Act of 1999''. SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM. (a) Asylum for Eligible Aliens.--Notwithstanding any other provision of law, the Attorney General shall grant refugee status in the United States to any alien described in subsection (b), upon the application of that alien. (b) Eligibility.--Refugee status shall be granted under subsection (a) to-- (1) any alien who-- (A) is a national of Vietnam, Cambodia, Laos, China, or any of the independent states of the former Soviet Union; and (B) personally delivers into the custody of the United States Government a living American Vietnam War POW/MIA; and (2) any parent, spouse, or child of an alien described in paragraph (1). (c) Definitions.--In this section: (1) American vietnam war pow/mia.-- (A) In general.--Except as provided in subparagraph (B), the term ``American Vietnam War POW/MIA'' means an individual-- (i) who is a member of a uniformed service (within the meaning of section 101(3) of title 37, United States Code) in a missing status (as defined in section 551(2) of such title and this subsection) as a result of the Vietnam War; or (ii) who is an employee (as defined in section 5561(2) of title 5, United States Code) in a missing status (as defined in section 5561(5) of such title) as a result of the Vietnam War. (B) Exclusion.--Such term does not include an individual with respect to whom it is officially determined under section 552(c) of title 37, United States Code, that such individual is officially absent from such individual's post of duty without authority. (2) Missing status.--The term ``missing status'', with respect to the Vietnam War, means the status of an individual as a result of the Vietnam War if immediately before that status began the individual-- (A) was performing service in Vietnam; or (B) was performing service in Southeast Asia in direct support of military operations in Vietnam. (3) Vietnam war.--The term ``Vietnam War'' means the conflict in Southeast Asia during the period that began on February 28, 1961, and ended on May 7, 1975. SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM. (a) Asylum for Eligible Aliens.--Notwithstanding any other provision of law, the Attorney General shall grant refugee status in the United States to any alien described in subsection (b), upon the application of that alien. (b) Eligibility.--Refugee status shall be granted under subsection (a) to-- (1) any alien-- (A) who is a national of North Korea, China, or any of the independent states of the former Soviet Union; and (B) who personally delivers into the custody of the United States Government a living American Korean War POW/MIA; and (2) any parent, spouse, or child of an alien described in paragraph (1). (c) Definitions.--In this section: (1) American korean war pow/mia.-- (A) In general.--Except as provided in subparagraph (B), the term ``American Korean War POW/MIA'' means an individual-- (i) who is a member of a uniformed service (within the meaning of section 101(3) of title 37, United States Code) in a missing status (as defined in section 551(2) of such title and this subsection) as a result of the Korean War; or (ii) who is an employee (as defined in section 5561(2) of title 5, United States Code) in a missing status (as defined in section 5561(5) of such title) as a result of the Korean War. (B) Exclusion.--Such term does not include an individual with respect to whom it is officially determined under section 552(c) of title 37, United States Code, that such individual is officially absent from such individual's post of duty without authority. (2) Korean war.--The term ``Korean War'' means the conflict on the Korean peninsula during the period that began on June 27, 1950, and ended January 31, 1955. (3) Missing status.--The term ``missing status'', with respect to the Korean War, means the status of an individual as a result of the Korean War if immediately before that status began the individual-- (A) was performing service in the Korean peninsula; or (B) was performing service in Asia in direct support of military operations in the Korean peninsula. SEC. 4. BROADCASTING INFORMATION ON THE ``BRING THEM HOME ALIVE'' PROGRAM. (a) Requirement.-- (1) In general.--The International Broadcasting Bureau shall broadcast, through WORLDNET Television and Film Service and Radio or otherwise, information that promotes the ``Bring Them Home Alive'' refugee program under this Act to foreign countries covered by paragraph (2). (2) Covered countries.--The foreign countries covered by paragraph (1) are-- (A) Vietnam, Cambodia, Laos, China, and North Korea; and (B) Russia and the other independent states of the former Soviet Union. (b) Level of Programming.--The International Broadcasting Bureau shall broadcast-- (1) at least 20 hours of the programming described in subsection (a)(1) during the 10-day period that begins on the date of enactment of this Act; and (2) at least 10 hours of the programming described in subsection (a)(1) in each calendar quarter during the period beginning with the first calendar quarter that begins after the date of enactment of this Act and ending five years after the date of enactment of this Act. (c) Availability of Information on the Internet.--International Broadcasting Bureau shall ensure that information regarding the ``Bring Them Home Alive'' refugee program under this Act is readily available on the World Wide Web sites of the Bureau. (d) Sense of Congress.--It is the sense of Congress that RFE/RL, Incorporated, Radio Free Asia, and any other recipient of Federal grants that engages in international broadcasting to the countries covered by subsection (a)(2) should broadcast information similar to the information required to be broadcast by subsection (a)(1). (e) Definition.--The term ``International Broadcasting Bureau'' means the International Broadcasting Bureau of the United States Information Agency or, on and after the effective date of title XIII of the Foreign Affairs Reform and Restructuring Act of 1998 (as contained in division G of Public Law 105-277), the International Broadcasting Bureau of the Broadcasting Board of Governors. SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED. In this Act, the term ``independent states of the former Soviet Union'' has the meaning given the term in section 3 of the FREEDOM Support Act (22 U.S.C. 5801). <all>

usgpo

2024-06-24T03:05:47.187229

BILLS-106hr1927ih

Social Security and Medicare Lock- box Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1927 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1927 To amend the Congressional Budget Act of 1974 to preserve all budget surpluses until legislation is enacted significantly extending the solvency of the social security and Medicare trust funds. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Holt (for himself, Mr. Lucas of Kentucky, and Mr. Moore) introduced the following bill; which was referred to the Committee on the Budget, 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 the Congressional Budget Act of 1974 to preserve all budget surpluses until legislation is enacted significantly extending the solvency of the social security and Medicare trust funds. 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 and Medicare Lock- box Act of 1999''. SEC. 2. PURPOSE. It is the purpose of this Act to put social security and Medicare solvency first, by prohibiting the use of social security surpluses, Medicare surpluses, and any other government surpluses for any purpose other than paying down publicly held debt, until legislation is enacted significantly extending the solvency of the social security and Medicare trust funds. SEC. 3. SURPLUSES RESERVED UNTIL SOCIAL SECURITY AND MEDICARE SOLVENCY LEGISLATION IS ENACTED. (a) In General.--Section 312 of the Congressional Budget Act of 1974 is amended by adding at the end the following new subsection: ``(g) Surpluses Reserved Until Social Security and Medicare Solvency Legislation Is Enacted.-- ``(1) In general.--Until there is both a social security solvency certification and a Medicare solvency certification, it shall not be in order in the House of Representatives or the Senate to consider-- ``(A) any concurrent resolution on the budget, or conference report thereon or amendment thereto, that would use any portion of the baseline budget surpluses, or ``(B) any bill, joint resolution, amendment, motion, or conference report if-- ``(i) the enactment of that bill or resolution as reported, ``(ii) the adoption and enactment of that amendment, or ``(iii) the enactment of that bill or resolution in the form recommended in that conference report, would use any portion of the baseline budget surpluses. ``(2) Baseline budget surpluses.-- ``(A) In general.--For purposes of this subsection, the term `baseline budget surplus' means the sum of the on- and off-budget surpluses contained in the most recent baseline budget projections made by the Congressional Budget Office at the beginning of the annual budget cycle and no later than the month of March. ``(B) Baseline budget projection.--For purposes of subparagraph (A), the term `baseline budget projection' means the projection described in section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 of current year levels of outlays, receipts, and the surplus or deficit into the budget year and future years; except that outlays for programs subject to discretionary appropriations shall be projected at the lesser of any applicable statutory discretionary limits or the baseline level otherwise defined in such section 257. For purposes of this subsection, the baseline budget projection shall include both on-budget and off- budget outlays and receipts. ``(3) Use of portion of the baseline budget surpluses.--For purposes of this subsection, a portion of the baseline budget surpluses is used if, relative to the baseline budget projection-- ``(A) in the case of legislation affecting revenues, any net reduction in revenues in the current year or the budget year, or over the 5 or 10-year estimating periods beginning with the budget year, is not offset by reductions in direct spending, ``(B) in the case of legislation affecting direct spending, any net increase in direct spending in the current year or the budget year, or over such 5 or 10- year periods, is not offset by increases in revenues, and ``(C) in the case of an appropriations bill, there is a net increase in discretionary outlays in the current year or the budget year when the discretionary outlays from such bill are added to the discretionary outlays from all previously enacted appropriations bills. ``(4) Social security solvency certification.--For purposes of this subsection, the term `social security solvency certification' means a certification by the Board of Trustees of the Social Security Trust Funds that the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund are, taken together, in actuarial balance for the 75-year period utilized in the most recent annual report of such Board of Trustees pursuant to section 201(c)(2) of the Social Security Act (42 U.S.C. 401(c)(2)). ``(5) Medicare solvency certification.--For purposes of this subsection, the term `Medicare solvency certification' means a certification by the Board of Trustees of the Federal Hospital Insurance Trust Fund that such Trust Fund is in actuarial balance for the 30-year period utilized in the most recent annual report of such Board of Trustees pursuant to section 1817(b) of the Social Security Act.'' (b) Super Majority Requirement.--(1) Section 904(c)(1) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. (2) Section 904(d)(2) of the Congressional Budget Act of 1974 is amended by inserting ``312(g),'' after ``310(d)(2),''. SEC. 4. EFFECTIVE DATE. This Act shall take effect upon the date of its enactment and the amendments made by it shall apply only to fiscal year 2000 and subsequent fiscal years. <all>

usgpo

2024-06-24T03:05:47.399381

BILLS-106hr1930ih

Prisoner Web Site Disclosure Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1930 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1930 To amend the Communications Act of 1934 to require the operator of a World Wide Web site that offers to provide communication with any prisoner to disclose on the site the crime for which the prisoner is incarcerated and the release date for the prisoner. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. LoBiondo introduced the following bill; which was referred to the Committee on Commerce _______________________________________________________________________ A BILL To amend the Communications Act of 1934 to require the operator of a World Wide Web site that offers to provide communication with any prisoner to disclose on the site the crime for which the prisoner is incarcerated and the release date for the prisoner. 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 ``Prisoner Web Site Disclosure Act of 1999''. SEC. 2. REQUIRED WEB SITE DISCLOSURES. Part I of title II of the Communications Act of 1934 (47 U.S.C. 201 et seq.) is amended by adding at the end the following new section: ``SEC. 232. REQUIRED INCLUSION ON WORLD WIDE WEB SITES OFFERING COMMUNICATIONS WITH PRISONERS. ``(a) In General.--It shall be unlawful for any person to make an offer, by means of the World Wide Web, to provide any communication with any incarcerated individual unless such offer also contains notice, in a clear and conspicuous manner, of-- ``(1) the crime or crimes for which such individual is incarcerated; and ``(2) the earliest date on which such individual may be released from incarceration under the terms of the individual's sentence. ``(b) Inapplicability to Carriers and Other Service Providers.--For purposes of subsection (a), a person shall not be considered to make any offer to the extent that such person is-- ``(1) a telecommunications carrier engaged in the provision of a telecommunications service; ``(2) a person engaged in the business of providing an Internet access service; ``(3) a person engaged in the business of providing an Internet information location tool; or ``(4) a person similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the content of the communication, except that such person's deletion of a particular communication or material made by another person in a manner consistent with subsection (c) or section 230 shall not constitute such selection or alteration of the content of the communication. ``(c) Civil Penalty.--Whoever is determined by the Commission, on the record after opportunity for a hearing, to have violated subsection (a) shall be subject to a civil penalty of not more than $1,000 for each violation. For purposes of this subsection, each incarcerated individual for whom an offer referred to in subsection (a) is made shall constitute a separate violation. ``(d) Definitions.--For purposes of this section, the following definitions shall apply: ``(1) By means of the world wide web, internet, internet access service, internet information location tool.--The terms `by means of the World Wide Web', `Internet', `Internet access service', and `Internet information location tool' have the meanings given such terms in section 231(e). ``(2) Incarcerated individual.--The term `incarcerated individual' means any individual who, pursuant to a criminal conviction under State or Federal law, is incarcerated in any State or Federal prison, jail, workhouse, or other penal or correctional institution. ``(e) Applicability.--The prohibition under subsection (a) shall apply to offers made on and after January 1, 2000.''. SEC. 3. PUBLIC INFORMATION. As soon as practicable after the enactment of this Act, the Federal Communications Commission shall make widely available information that is designed to inform the public regarding the prohibition under section 232 of the Communications Act of 1934 (as added by section 2 of this Act), and what actions constitute violations of the prohibition, by making such information available-- (1) on the World Wide Web site of the Commission; and (2) in such other manners as the Commission considers appropriate. <all>

usgpo

2024-06-24T03:05:47.432672

BILLS-106hr1928ih

Tax Simplification and Burden Reduction Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1928 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1928 To simplify certain provisions of the Internal Revenue Code of 1986. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Houghton (for himself, Mrs. Johnson of Connecticut, and Mr. English) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To simplify certain provisions of the Internal Revenue Code of 1986. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE, ETC. (a) Short Title.--This Act may be cited as the ``Tax Simplification and Burden Reduction Act''. (b) Amendment of 1986 Code.--Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986. TITLE I--ALTERNATIVE MINIMUM TAX SEC. 101. NONREFUNDABLE PERSONAL CREDITS ALLOWED AGAINST ALTERNATIVE MINIMUM TAX. (a) In General.--Subsection (a) of section 26 (relating to limitation based on tax liability; definition of tax liability) is amended to read as follows: ``(a) Limitation Based on Amount of Tax.--The aggregate amount of credits allowed by this subpart for the taxable year shall not exceed the sum of-- ``(1) the taxpayer's regular tax liability for the taxable year, and ``(2) the tax imposed for the taxable year by section 55(a).''. (b) Conforming Amendments.-- (1) Subsection (d) of section 24 is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (2) Section 32 is amended by striking subsection (h). (3) Section 904 is amended by striking subsection (h) and by redesignating subsections (i), (j), and (k) as subsections (h), (i), and (j), respectively. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 102. EXEMPTION FROM ALTERNATIVE MINIMUM TAX FOR INDIVIDUALS WHOSE MODIFIED ADJUSTED GROSS INCOME IS LESS THAN A THRESHOLD AMOUNT. (a) In General.--Section 55 (relating to alternative minimum tax imposed) is amended by adding at the end the following new subsection: ``(f) Exemption for Individuals.-- ``(1) In general.--The tentative minimum tax of any taxpayer (other than a corporation) shall be zero for any taxable year if the modified adjusted gross income of the taxpayer for such year does not exceed the threshold amount. ``(2) Threshold amount.--For purposes of paragraph (1), the threshold amount is-- ``(A) $120,000 in the case of a joint return, ``(B) $85,000 in the case of an individual who is not married, and ``(C) one-half of the amount applicable under subparagraph (A) in the case of a married individual filing a separate return. ``(3) Modified adjusted gross income.--For purposes of paragraph (1), the term `modified adjusted gross income' means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. ``(4) Marital status.--For purposes of paragraph (2), marital status shall be determined under section 7703. ``(5) Adjustment for inflation.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2000, each dollar amount contained in paragraph (2) 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 by substituting `calendar year 1999' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 103. INCREASE IN AMOUNT OF GROSS RECEIPTS TEST FOR EXEMPTION FOR SMALL CORPORATIONS. (a) In General.--Paragraph (1) of section 55(e) (relating to general rule for exemption for small corporations) is amended-- (1) in subparagraph (A) by striking ``$7,500,000'' each place it appears in the text and heading and inserting ``$10,000,000'', and (2) by striking subparagraph (B) and redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. (b) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. TITLE II--PROVISIONS RELATING TO INDIVIDUALS SEC. 201. SIMPLIFICATION OF CAPITAL GAINS TAX. (a) In General.--Part I of subchapter P of chapter 1 (relating to treatment of capital gains) is amended by adding at the end the following new section: ``SEC. 1203. CAPITAL GAINS DEDUCTION. ``If for any taxable year a taxpayer other than a corporation has a net capital gain, 50 percent of such gain shall be a deduction from gross income.''. (b) Deduction Allowable Whether or Not Taxpayer Itemizes Other Deductions.-- (1) Subsection (b) of section 63 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction allowed by section 1203.''. (2) Subsection (d) of section 63 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) the deduction allowed by section 1203.''. (c) Minimum Tax Treatment.-- (1) Paragraph (1) of section 56(b) is amended by adding at the end the following new subparagraph: ``(G) Capital gain deduction not applicable.-- Section 1203 shall not apply.''. (2) Subsection (b) of section 55 is amended by striking paragraph (3) and inserting the following new paragraphs: ``(3) Maximum tax on net capital gain.--The amount of tax determined under the first sentence of paragraph (1)(A)(i) shall not exceed the sum of-- ``(A) the amount determined under such first sentence computed at the rates and in the same manner as if this paragraph had not been enacted on the taxable excess reduced by the net capital gain, plus ``(B) a tax on the net capital gain determined by using the regular tax capital gains tax rates. ``(4) Regular tax on net capital gain.--For purposes of paragraph (3), the tax on the net capital gain determined by using the regular tax capital gains tax rates is the excess of-- ``(A) the tax that would be computed under section 1 if net capital gain were determined with the adjustments under this part, over ``(B) the tax that would be so computed under section 1 if the taxable income were reduced by 50 percent of the net capital gain as so determined.''. (d) Repeal of Tax Preference for Exclusion on Small Business Stock.-- (1) Subsection (a) of section 57 is amended by striking paragraph (7). (2) Subclause (II) of section 53(d)(1)(B)(ii) is amended by striking ``, (5), and (7)'' and inserting ``and (5)''. (e) Treatment of Collectibles.-- (1) In general.--Section 1222 is amended by inserting after paragraph (11) the following new paragraph: ``(12) Special rule for collectibles.-- ``(A) In general.--Any gain or loss from the sale or exchange of a collectible shall be treated as a short-term capital gain or loss (as the case may be), without regard to the period such asset was held. The preceding sentence shall apply only to the extent the gain or loss is taken into account in computing taxable income. ``(B) Treatment of certain sales of interests in partnerships, etc.--For purposes of subparagraph (A), any gain from the sale or exchange of an interest in a partnership, S corporation, or trust which is attributable to unrealized appreciation in the value of collectibles held by such entity shall be treated as gain from the sale or exchange of a collectible. Rules similar to the rules of section 751(f) shall apply for purposes of the preceding sentence. ``(C) Collectible.--For purposes of this paragraph, the term `collectible' means any capital asset which is a collectible (as defined in section 408(m) without regard to paragraph (3) thereof).''. (2) Charitable deduction not affected.-- (A) Paragraph (1) of section 170(e) is amended by adding at the end thereof the following new sentence: ``For purposes of this paragraph, section 1222 shall be applied without regard to paragraph (12) thereof (relating to special rule for collectibles).''. (B) Clause (iv) of section 170(b)(1)(C) is amended by inserting before the period at the end thereof the following: ``and section 1222 shall be applied without regard to paragraph (12) thereof (relating to special rule for collectibles)''. (f) Technical and Conforming Amendments.-- (1) Section 1 is amended by striking subsection (h). (2) Subparagraph (E) of section 163(d)(4) is amended to read as follows: ``(E) Coordination with capital gains deduction.-- The net capital gain taken into account under section 1203 for any taxable year shall be reduced (but not below zero) by the amount which the taxpayer takes into account as investment income under subparagraph (B)(iii) for such year.''. (3) Paragraph (1) of section 170(e) is amended by striking ``the amount of gain'' in the material following subparagraph (B)(ii) and inserting ``50 percent (100 percent in the case of a corporation) of the amount of gain''. (4) Subparagraph (B) of section 172(d)(2) is amended to read as follows: ``(B) the exclusion under section 1202 and the deduction under section 1203 shall not be allowed.''. (5) The last sentence of section 453A(c)(3) is amended by striking all that follows ``long-term capital gain,'' and inserting ``the maximum rate on net capital gain under section 1201 or the deduction under section 1203 (whichever is appropriate) shall be taken into account.''. (6)(A) Section 641(c)(2)(A) is amended by striking ``Except as provided in section 1(h), the'' and inserting ``The''. (B) Section 641(c)(2)(C) is amended by inserting after clause (iii) the following new clause: ``(iv) The deduction under section 1203.''. (7) Paragraph (4) of section 642(c) is amended to read as follows: ``(4) Adjustments.--To the extent that the amount otherwise allowable as a deduction under this subsection consists of gain from the sale or exchange of capital assets held for more than 1 year, proper adjustment shall be made for any exclusion allowable under section 1202 and any deduction allowable under section 1203 to the estate or trust. In the case of a trust, the deduction allowed by this subsection shall be subject to section 681 (relating to unrelated business income).''. (8) Section 642 is amended by adding at the end the following new subsection: ``(j) Capital Gains Deduction.--The deduction under section 1203 to an estate or trust shall be computed by excluding the portion (if any) of the gains for the taxable year which is includible by the income beneficiaries under sections 652 and 662 (relating to inclusions of amounts in gross income of beneficiaries of trusts) as gain derived from the sale or exchange of capital assets.''. (9) The last sentence of section 643(a)(3) is amended to read as follows: ``The exclusion under section 1202 and the deduction under section 1203 shall not be taken into account.''. (10) Subparagraph (C) of section 643(a)(6) is amended by inserting ``(i)'' before ``there shall'' and by inserting before the period ``, and (ii) the deduction under section 1203 (relating to capital gains deduction) shall not be taken into account''. (11) Paragraph (4) of section 691(c) is amended by striking ``1(h),'' and by inserting ``1203,'' after ``1202,''. (12) The second sentence of paragraph (2) of section 871(a) is amended by striking ``section 1202'' and inserting ``sections 1202 and 1203''. (13)(A) Paragraph (2) of section 904(b) is amended by striking subparagraphs (A) and (C), by redesignating subparagraph (B) as subparagraph (A), and by inserting after subparagraph (A) (as so redesignated) the following new subparagraph: ``(B) Other taxpayers.--In the case of a taxpayer other than a corporation, taxable income from sources outside the United States shall include gain from the sale or exchange of capital assets only to the extent of foreign source capital gain net income.''. (B) Subparagraph (A) of section 904(b)(2), as so redesignated, is amended-- (i) by striking all that precedes clause (i) and inserting the following: ``(A) Corporations.--In the case of a corporation-- '', and (ii) by striking in clause (i) ``in lieu of applying subparagraph (A),''. (C) Paragraph (3) of section 904(b) is amended by striking subparagraphs (D) and (E) and inserting the following new subparagraph: ``(D) Rate differential portion.--The rate differential portion of foreign source net capital gain, net capital gain, or the excess of net capital gain from sources within the United States over net capital gain, as the case may be, is the same proportion of such amount as the excess of the highest rate of tax specified in section 11(b) over the alternative rate of tax under section 1201(a) bears to the highest rate of tax specified in section 11(b).''. (14) Paragraph (1) of section 1402(i) is amended by inserting ``, and the deduction provided by section 1203 shall not apply'' before the period at the end thereof. (15) Paragraph (1) of section 1445(e) is amended by striking ``20 percent'' and inserting ``19.8 percent''. (16)(A) The second sentence of section 7518(g)(6)(A) is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) applies'', and (ii) by striking ``20 percent'' and inserting ``19.8 percent''. (B) The second sentence of section 607(h)(6)(A) of the Merchant Marine Act, 1936, is amended-- (i) by striking ``during a taxable year to which section 1(h) or 1201(a) of such Code applies'', and (ii) by striking ``20 percent'' and inserting ``19.8 percent''. (g) Clerical Amendment.--The table of sections for part I of subchapter P of chapter 1 is amended by adding at the end the following new item: ``Sec. 1203. Capital gains deduction.''. (h) Effective Dates.-- (1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 1999. (2) Withholding.--The amendments made by subsection (f)(15) shall apply only to amounts paid after December 31, 1999. (3) Repeal of election.--Section 311 of the Taxpayer Relief Act of 1997 is amended by striking subsection (e). (4) Coordination with prior transition rule.--Any amount treated as long-term capital gain by reason of paragraph (3) of section 1122(h) of the Tax Reform Act of 1986 shall not be taken into account for purposes of applying section 1203 of the Internal Revenue Code of 1986 (as added by this section). SEC. 202. SIMPLIFICATION OF DEDUCTION FOR POINTS ON HOME MORTGAGE. (a) In General.--Paragraph (2) of section 461(g) (relating to prepaid interest) is amended by adding at the end the following new sentence: ``This subsection also shall not apply to points paid in respect of indebtedness secured by such residence resulting from the refinancing of indebtedness meeting the requirements of the preceding sentence (or this sentence), but only to the extent the amount of the indebtedness resulting from such refinancing does not exceed the amount of the refinanced indebtedness.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 203. INCREASE IN EXCLUSION FOR GROUP-TERM LIFE INSURANCE PURCHASED FOR EMPLOYEES. (a) In General.--Paragraph (1) of section 79(a) (relating to group- term life insurance purchased for employees) is amended by striking ``$50,000'' and inserting ``$100,000''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 204. REPEAL OF PERCENTAGE LIMITATION ON CONTRIBUTIONS TO DEFINED CONTRIBUTION PLANS. (a) In General.--Subparagraph (B) of section 415(c)(1) (relating to limitation for defined contribution plans) is amended by striking ``25 percent of''. (b) Effective Date.--The amendment made by this section shall apply to years beginning after December 31, 1999. SEC. 205. REPEAL OF REQUIRED USE OF GRADUATED PERCENTAGE OF PRECEDING YEAR'S TAX TO DETERMINE INSTALLMENTS OF ESTIMATED INCOME TAX DUE FOR CERTAIN TAXPAYERS. (a) In General.--Paragraph (1) of section 6654(d) (relating to amount of installments) is amended by striking subparagraph (C). (b) Conforming Amendment.--Subparagraph (C) of section 6654(i)(1) is amended by striking ``and without regard to subparagraph (C) of subsection (d)(1)''. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 1999. SEC. 206. STUDY ON RATIONALE FOR AND SIMPLIFICATION OF HEAD OF HOUSEHOLD AND SURVIVING SPOUSE FILING STATUSES. (a) In General.--The Secretary of the Treasury shall conduct a study on whether the original rationale for providing tax benefits through the filing statuses of head of household and surviving spouse continues to apply, and, if so, whether such benefits can be more simply provided through other mechanisms. (b) Report.--Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit a report on the study conducted under subsection (a), together with recommendations thereon, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. TITLE III--PROVISIONS RELATING TO BUSINESSES Subtitle A--General Provisions SEC. 301. EXPENSING OF CERTAIN DEPRECIABLE BUSINESS ASSETS. (a) Certain Computer Software Eligible for Expensing.--Paragraph (1) of section 179(d) (relating to section 179 property) is amended to read as follows: ``(1) Section 179 property.--For purposes of this section, the term `section 179 property' means property-- ``(A) which is-- ``(i) tangible property (to which section 168 applies), or ``(ii) computer software described in section 197(e)(3)(A)(i), ``(B) which is section 1245 property (as defined in section 1245(a)(3)), and ``(C) which is acquired by purchase for use in the active conduct of a trade or business. Such term shall not include any property described in section 50(b) and shall not include air conditioning or heating units.''. (b) Personal Property Used in Rental Property.--Paragraph (1) of section 179(d) (relating to section 179 property), as amended by subsection (a), is amended by inserting ``(other than paragraph (2) thereof)'' after ``section 50(b)''. (c) Adjustment for Inflation.--Subsection (b) of section 179 (relating to limitations) is amended by adding at the end the following new paragraph: ``(5) Adjustment for inflation.-- ``(A) In general.--In the case of any taxable year beginning in a calendar year after 2003, the dollar amount contained in the table in paragraph (1) applicable to such taxable year 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 by substituting `calendar year 2002' for `calendar year 1992' in subparagraph (B) thereof. ``(B) Rounding.--If any increase determined under subparagraph (A) is not a multiple of $50, such increase shall be rounded to the next lowest multiple of $50.''. (d) Effective Date.--The amendments made by subsections (a) and (b) shall apply to property placed in service after December 31, 1999. SEC. 302. CASH METHOD OF ACCOUNTING. (a) Personal Service Corporations.--Subsection (b) of section 448 (relating to exception to general rule on limitation on use of cash method of accounting) is amended-- (1) by striking paragraph (2), and (2) by redesignating paragraph (3) as paragraph (2). (b) Increase in Gross Receipts Test Amount.-- (1) In general.--Paragraph (2) of section 448(a) (relating to entities with gross receipts of not more than $5,000,000), as redesignated by subsection (a)(2), is amended-- (A) by striking ``$5,000,000'' in the heading and inserting ``$10,000,000'', and (B) by striking ``$5,000,000'' in the text. (2) Gross receipts test defined.--Subsection (c) of section 448 (relating to $5,000,000 gross receipts test) is amended-- (A) by striking ``$5,000,000'' in the heading and the first place it appears in paragraph (1), and (B) by striking ``$5,000,000'' the second place it appears in paragraph (1) and inserting ``$10,000,000''. (c) Effective Dates.-- (1) Personal service corporations.--The amendments made by subsection (a) shall apply to taxable years beginning after December 31, 1999. (2) Gross receipts test.--The amendments made by subsection (b) shall apply to determinations of whether the requirement of section 448(b)(2) of the Internal Revenue Code of 1986 (as amended by this section) is met for any taxable year beginning after December 31, 1999. SEC. 303. GROSS RECEIPTS EXCEPTION TO INVENTORY COST CAPITALIZATION RULES EXTENDED TO PROPERTY PRODUCED BY THE TAXPAYER. (a) In General.--Subsection (b) of section 263A (relating to property to which section applies) is amended to read as follows: ``(b) Property to Which Section Applies.-- ``(1) In general.--Except as otherwise provided in this section-- ``(A) Property produced by taxpayer.--This section shall apply to-- ``(i) In general.--Real or tangible personal property produced by the taxpayer. ``(ii) Tangible personal property.--For purposes of clause (i), the term `tangible personal property' shall include a film, sound recording, video tape, book, or similar property. ``(B) Property acquired for resale.--This section shall apply to real or personal property described in section 1221(1) which is acquired by the taxpayer for resale. ``(2) Exception for taxpayer with gross receipts of $10,000,000 or less.-- ``(A) In general.--Paragraph (1) shall not apply to any personal property produced during any taxable year by the taxpayer or acquired during any taxable year by the taxpayer for resale if the average annual gross receipts of the taxpayer (or any predecessor) for the 3-taxable year period ending with the taxable year preceding such taxable year do not exceed $10,000,000. ``(B) Aggregation rules, etc.--For purposes of subparagraph (A), rules similar to the rules of paragraphs (2) and (3) of section 448(c) shall apply.''. (b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 1999. Subtitle B--S Corporations SEC. 311. REPEAL OF LIMITATION ON NUMBER OF SHAREHOLDERS OF S CORPORATION SO LONG AS SUCH CORPORATION IS NOT PUBLICLY TRADED. (a) In General.--Paragraph (1) of section 1361(b) (relating to small business corporation) is amended by striking subparagraph (A) and redesignating subparagraphs (B), (C), and (D) as subparagraphs (A), (B), and (C), respectively. (b) Not Publicly Traded Requirement.-- (1) In general.--Paragraph (2) of section 1361(b) (defining ineligible corporation) is amended by striking ``or'' at the end of subparagraph (C), by striking the period at the end of subparagraph (D) and inserting ``, or'' and by inserting after subparagraph (D) the following new subparagraph: ``(E) a publicly traded corporation.''. (2) Publicly traded corporation defined.--Subsection (b) of section 1361 (relating to small business corporation) is amended by adding at the end the following new paragraph: ``(4) Publicly traded corporation.--For purposes of paragraph (2)(E), a corporation is a publicly traded corporation if the stock of such corporation is readily tradable on an established securities market.''. (c) Conforming Amendments.-- (1) Subsection (c) of section 1361 is amended by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. (2) Paragraphs (1), (2), and (5) of section 1361(c) (as so redesignated) are each amended by striking ``subsection (b)(1)(B)'' each place it appears and inserting ``subsection (b)(1)(A)''. (3) Paragraphs (3) and (4) of section 1361(c) (as so redesignated) are each amended by striking ``subsection (b)(1)(D)'' both places it appears and inserting ``subsection (b)(1)(C)''. (4) Subparagraph (A) of section 1361(d)(1) is amended by striking ``subsection (c)(2)(A)(i)'' and inserting ``subsection (c)(1)(A)(i)''. (5) Clause (i) of section 280G(b)(5)(A) is amended by striking ``paragraph (1)(C)'' and inserting ``paragraph (1)(B)''. (6) Paragraph (1) of section 512(e) is amended by striking ``section 1361(c)(6)'' and inserting ``section 1361(c)(5)''. SEC. 312. ISSUANCE OF PREFERRED STOCK BY S CORPORATIONS PERMITTED. (a) In General.--Section 1361 (defining S corporation) is amended by adding at the end the following new subsection: ``(f) Treatment of Qualified Preferred Stock.-- ``(1) In general.--For purposes of this subchapter-- ``(A) qualified preferred stock shall not be treated as a second class of stock, and ``(B) no person shall be treated as a shareholder of the corporation by reason of holding qualified preferred stock. ``(2) Qualified preferred stock defined.--For purposes of this subsection, the term `qualified preferred stock' means stock which meets the requirements of subparagraphs (A), (B), and (C) of section 1504(a)(4). Stock shall not fail to be treated as qualified preferred stock merely because it is convertible into other stock. ``(3) Distributions.--A distribution (not in part or full payment in exchange for stock) made by the corporation with respect to qualified preferred stock shall be includible as ordinary income of the holder and deductible to the corporation as an expense in computing taxable income under section 1363(b) in the year such distribution is received.''. (b) Conforming Amendments.-- (1) Paragraph (1) of section 1361(b) is amended by inserting '', except as provided in subsection (f),'' before ``which does not''. (2) Subsection (a) of section 1366 is amended by adding at the end the following new paragraph: ``(3) Allocation with respect to qualified preferred stock.--The holders of qualified preferred stock (as defined in section 1361(f)) shall not, with respect to such stock, be allocated any of the items described in paragraph (1).''. (3) So much of clause (ii) of section 354(a)(2)(C) as precedes subclause (II) is amended to read as follows: ``(ii) Recapitalization of family-owned corporations and s corporations.-- ``(I) In general.--Clause (i) shall not apply in the case of a recapitalization under section 368(a)(I)(E) of a family-owned corporation or S corporation.''. (4) Subsection (a) of section 1373 is amended by striking ``and'' at the end of paragraph (1), by striking the period at the end of paragraph (2) and inserting ``, and'', and by adding at the end the following new paragraph: ``(3) no amount of an expense deductible under this subchapter by reason of section 1361(f)(3) shall be apportioned or allocated to such income.''. SEC. 313. ELECTION TO BECOME S CORPORATION EXTENDED TO DATE RETURN IS FILED. (a) In General.--Subsection (b) of section 1362 (relating to when election made) is amended to read as follows: ``(b) When Made.--An election under subsection (a) may be made by a small business corporation for any taxable year on or before the due date (including extensions) for filing the return of tax for such taxable year.''. (b) Conforming Amendment.--Subparagraph (A) of section 1362(f)(1) is amended by striking ``(determined without regard to subsection (b)(2))''. (c) Effective Date.--The amendment made by this section shall apply with respect to elections for taxable years beginning after December 31, 1999. TITLE IV--PROVISIONS RELATING TO INFORMATION REPORTING AND FILING SEC. 401. INCREASE IN REPORTING THRESHOLD FOR DIVIDEND AND INTEREST PAYMENTS. (a) Dividend Payments.--Subsection (a) of section 6042 (relating to requirements for reporting) is amended by striking ``$10'' each place it appears and inserting ``$25''. (b) Interest Payments.--Subsections (a) and (d)(5)(C) of section 6049 (relating to requirements for reporting) are each amended by striking ``$10'' each place it appears in the text and headings and inserting ``$25''. (c) Effective Date.--The amendments made by this section shall apply to payments made after December 31, 1999. SEC. 402. POSTMARK DATE TREATED AS FILING DATE FOR PURPOSES OF ALL FILINGS. (a) In General.--Paragraph (2) of section 7502(a) (relating to mailing requirements with respect to date of delivery) is amended to read as follows: ``(2) Mailing requirements.--This subsection shall apply only if the return, claim, statement, or other document, or payment was deposited in the mail in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the agency, officer, or office with which the return, claim, statement, or other document is required to be filed, or to which such payment is required to be made.''. (b) Mailing of Deposits.--Paragraph (2) of section 7502(e) (relating to mailing requirements with respect to mailing of deposits) is amended to read as follows: ``(2) Mailing requirements.--Paragraph (1) shall apply only if the person required to make the deposit establishes that the deposit was mailed in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the bank, trust company, domestic building and loan association, or credit union authorized to receive such deposit. In applying subsection (c) for purposes of this subsection, the term `payment' includes `deposit', and the reference to the postmark date refers to the date of mailing.''. (c) Effective Date.--The amendments made by this section shall apply to returns, claims, statements, and other documents required to be filed and payments and deposits required to be made after the date of the enactment of this Act. SEC. 403. REDUCTION OF RECORDKEEPING BURDEN. (a) In General.--Section 6001 (relating to notice or regulations requiring records, statements, and special returns) is amended-- (1) by striking ``Every'' and inserting ``(a) In General.-- Every'', and (2) by adding at the end the following new subsection: ``(b) Period For Which Records Must Be Kept.-- ``(1) In general.--Except as provided in paragraphs (2) and (3), in the case of a trade or business, records required to be kept under subsection (a) for a taxable year need not be kept after the 6th year after the return of tax is filed for such taxable year. ``(2) Exception for types of records.--Paragraph (1) shall not apply to-- ``(A) records which are general ledgers, journals or books of original entry, financial statements, and year-end adjustments to general ledgers, whether in paper or electronic form, ``(B) records from which the records described in subparagraph (A) are derived if the records described in subparagraph (A) are not prepared in accordance with generally accepted accounting principles, and ``(C) records which are unique to the industry in which the taxpayer is engaged. ``(3) Other exceptions.--Paragraph (1) shall not apply to-- ``(A) records relating to a taxable year with respect to which section 6501(c) applies, ``(B) records relating to a taxable year with respect to which the period of limitations is suspended for as long as such period is suspended, ``(C) records relating to a taxable year of a taxpayer with respect to which the Secretary is conducting an audit or other investigation, and ``(D) records relating to a taxable year with respect to which a case is pending in Federal or State court. ``(4) Failure to keep records not a defense in certain cases.--Paragraph (1) shall not be a defense in the case of failure to keep records for a year in connection with-- ``(A) a false or fraudulent return with the intent to evade tax, ``(B) a willful attempt in any manner to defeat or evade tax imposed by this title, or ``(C) failure to file a return.''. (b) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. <all>

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2024-06-24T03:05:47.451596

BILLS-106hr1932ih

Father Theodore M. Hesburgh Congressional Gold Medal Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1932 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1932 To authorize the President to award a gold medal on behalf of the Congress to Father Theodore M. Hesburgh, in recognition of his outstanding and enduring contributions to civil rights, higher education, the Catholic Church, the Nation, and the global community. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Roemer (for himself, Mr. King, Mr. Lewis of Georgia, Mr. Visclosky, Mr. Souder, Mrs. Northup, Mr. Bliley, Mr. Boehlert, Mr. Clay, Mr. Cummings, Ms. Danner, Mr. DeLay, Mr. Frost, Ms. Eddie Bernice Johnson of Texas, Mr. Holden, Ms. Kaptur, Mr. Kennedy of Rhode Island, Ms. Kilpatrick, Mr. LaFalce, Mr. LaHood, Mr. Martinez, Mr. McInnis, Mr. Meeks of New York, Mr. Neal of Massachusetts, Mr. Pastor, Mr. Romero- Barcelo, Ms. Roybal-Allard, Mr. Quinn, Mr. Sandlin, Mr. Shimkus, Mr. Thompson of Mississippi, Mr. Underwood, Mr. Traficant, Mr. Walsh, Mr. Waxman, Mr. Hastings of Florida, Mr. Davis of Virginia, Mr. Pickering, Mr. Kind, Mr. Fossella, Mr. Isakson, Mr. Wamp, Mr. Gordon, Mr. Cunningham, Ms. Woolsey, Mr. Hill of Indiana, Mr. Wynn, Mr. Moore, Mr. Inslee, Mr. Pomeroy, Mr. DeFazio, Mr. Dooley of California, Mrs. Thurman, Mr. Cramer, Mr. Tanner, Mr. Costello, Mr. Green of Texas, Ms. Hooley of Oregon, Mr. Bonior, Mr. Snyder, Mr. Wu, Mr. Barrett of Wisconsin, Mr. Larson, Mr. Maloney of Connecticut, Mrs. Tauscher, Mr. Allen, Mr. Turner, Mr. Scott, Mrs. Clayton, Mr. Hilliard, Mr. Moran of Virginia, Mr. Abercrombie, Mr. Hoyer, Mr. Sisisky, Mr. Skelton, Mr. Stupak, Mr. Doyle, Mrs. Capps, Ms. Lofgren, Mr. Engel, Mr. Kucinich, Mr. Frank of Massachusetts, Mr. Chambliss, Mrs. McCarthy of New York, Mr. Gilman, and Mr. Mascara) 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 Father Theodore M. Hesburgh, in recognition of his outstanding and enduring contributions to civil rights, higher education, the Catholic Church, the Nation, and the global community. 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 ``Father Theodore M. Hesburgh Congressional Gold Medal Act''. SEC. 2. FINDINGS. The Congress finds that-- (1) Father Theodore M. Hesburgh, C.S.C., has made outstanding and enduring contributions to American society through his activities in civil rights, higher education, the Catholic Church, the Nation, and the global community; (2) Father Hesburgh was a charter member of the United States Commission on Civil Rights from its creation in 1957 and served as chairperson of the Commission from 1969 to 1972; (3) Father Hesburgh was president of the University of Notre Dame from 1952 until 1987, and has been president emeritus since 1987; (4) Father Hesburgh is a national and international leader in higher education; (5) Father Hesburgh has been honored with the Elizabeth Ann Seton Award from the National Catholic Education Association and with more than 130 honorary degrees; (6) Father Hesburgh served as co-chairperson of the nationally influential Knight Commission on Intercollegiate Athletics and as chairperson, from 1994 to 1996, of the Board of Overseers of Harvard University; (7) Father Hesburgh served under President Ford as a member of the Presidential Clemency Board, charged with deciding the fates of persons committing offenses during the Vietnam conflict; (8) Father Hesburgh served as chairman of the board of the Overseas Development Council and in that capacity led fundraising efforts that averted mass starvation in Cambodia in 1979 and 1980; (9) Father Hesburgh served from 1979 to 1981 as chairperson of the Select Commission on Immigration and Refugee Policy, which made recommendations that served as the basis of congressional reform legislation enacted 5 years later; (10) Father Hesburgh served as ambassador to the 1979 United Nations Conference on Science and Technology for Development; and (11) Father Hesburgh has served the Catholic Church in a variety of capacities, including his service from 1956 to 1970 as the permanent Vatican representative to the International Atomic Energy Agency in Vienna and his service as a member of the Holy See's delegation to the United Nations. SEC. 3. CONGRESSIONAL GOLD MEDAL. (a) Presentation Authorized.--The President is authorized to present, on behalf of the Congress, a gold medal of appropriate design to Father Theodore M. Hesburgh in recognition of his outstanding and enduring contributions to civil rights, higher education, the Catholic Church, the Nation, and the global community. (b) Design and Striking.--For purposes of the presentation referred to in subsection (a), the Secretary of the Treasury (in this Act referred to as the ``Secretary'') shall strike a gold medal with suitable emblems, devices, and inscriptions, to be determined by the Secretary. SEC. 4. DUPLICATE MEDALS. The Secretary may strike and sell duplicates in bronze of the gold medal struck pursuant to section 3 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. SEC. 5. NATIONAL MEDALS. The medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. SEC. 6. AUTHORIZATION OF APPROPRIATIONS; PROCEEDS OF SALE. (a) Authorization of Appropriations.--There is authorized to be charged against the Numismatic Public Enterprise Fund an amount not to exceed $30,000 to pay for the cost of the medal authorized by this Act. (b) Proceeds of Sale.--Amounts received from the sales of duplicate bronze medals under section 4 shall be deposited in the Numismatic Public Enterprise Fund. <all>

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2024-06-24T03:05:47.486546

BILLS-106hr1929ih

Banking Privacy Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1929 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1929 To amend the Federal Deposit Insurance Act to control the disclosure by financial institutions of personal financial information of customers of the institutions, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Inslee (for himself, Mr. Capuano, Mr. Filner, Mr. Hinchey, Mr. Hoeffel, Mr. Kanjorski, Ms. Lee, Mr. McDermott, Ms. Rivers, Mr. Sanders, Ms. Schakowsky, and Mr. Stark) introduced the following bill; which was referred to the Committee on Banking and Financial Services _______________________________________________________________________ A BILL To amend the Federal Deposit Insurance Act to control the disclosure by financial institutions of personal financial information of customers of the institutions, 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 ``Banking Privacy Act of 1999''. SEC. 2. PERSONAL INFORMATION SHARING. (a) Depository Institutions and Subsidiaries of Depository Institutions.--Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: ``(t) Personal Information Sharing Requirements.-- ``(1) Information sharing prohibited if customer opts out.--Notwithstanding any other provision of law and except as permitted under paragraph (5), an insured depository institution and a subsidiary of a depository institution may not disclose or transfer customer information relating to any customer to any other person, including an affiliate of the depository institution, unless-- ``(A) the customer to whom such information relates has been provided with notice in accordance with paragraph (2); and ``(B) the customer has not provided a written directive (including a transmission by e-mail, facsimile, or other form of electronic communication) to the insured depository institution or subsidiary, at any time before the close of business on the 6th business day before such disclosure or transfer, that such information shall not be disclosed or transferred, except when specifically authorized by the customer in connection with and pertaining to a specific transaction with the depository institution or subsidiary. ``(2) Notice.-- ``(A) In general.--The notice referred to in paragraph (1)(A) shall fully and fairly disclose, in accordance with regulations which the Federal banking agencies shall jointly prescribe, what information is being disclosed or transferred, the policy of the insured depository institution or subsidiary of an insured depository institution with regard to information sharing, and the right of the customer to prohibit the disclosure or transfer of such information. ``(B) Form of notice.-- ``(i) In general.--The regulations prescribed pursuant to subparagraph (A) shall require that the notice required under such subparagraph-- ``(I) be prominently displayed on a document which is separate from any other document; ``(II) have the term `Privacy Notice' in prominent typeface at the top of the notice. ``(ii) Notice requirements.-- ``(I) Mailing.--If the notice required under subparagraph (A) is mailed to the customer, the notice shall be mailed separately from any other statement, document, or notice mailed to the customer. ``(II) In person.--If the notice required under subparagraph (A) is disclosed to the customer in person by an officer, director, or agent of the depository institution or subsidiary thereof, the officer, employee, or agent shall obtain the written acknowledgement of the customer of the receipt of such notice separately from any other signature or written acknowledgment of the customer. ``(3) Customer information defined.--For purposes of this subsection, the term `customer information' means any information acquired from a customer of the insured depository institution that is personally identifiable to the customer, including information relating to transactions, balances, maturity dates, payouts, and payout dates, and transaction or experience information. ``(4) Reasonable opportunity to respond to notice.--In order to provide any customer of an insured depository institution or any subsidiary of an insured depository institution with reasonable opportunity to respond to any notice referred to in paragraph (1)(A), the prohibition contained in paragraph (1) on the disclosure or transfer of any customer information relating to such customer to any other person, including an affiliate, shall continue during the 30- day period beginning on the date the notice referred to in such paragraph was sent or delivered to such customer, unless the customer has authorized such disclosure or transfer. ``(5) Exceptions.--Paragraph (1) shall not apply to the disclosure or transfer of customer information-- ``(A) in connection with processing a specific financial transaction that the customer to whom the information relates has authorized, if-- ``(i) the customer has been informed that any such transaction will necessarily involve the disclosure or transfer of such information; and ``(ii) the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with facilitating the transaction; ``(B) in connection with any routine financial transaction which does not involve marketing of services or the sale of customer information, if the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with effectuating the transaction; ``(C) in connection with clearing checks, processing credit transactions or electronic fund transfers, or providing mailing services, if the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with clearing or processing the transaction or providing the service; ``(D) to a governmental, regulatory, or self- regulatory authority having jurisdiction over the insured depository institution for examination, compliance, or other authorized purposes; ``(E) to a court of competent jurisdiction; ``(F) to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act, for use solely in accordance with such Act; ``(G) in the case of a default by the customer on an obligation to the depository institution or subsidiary, to a debt collector, as defined in section 803(6) of the Fair Debt Collection Practices Act, counsel, or other entity involved in debt collection, for use solely in accordance with such Act; ``(H) in the case of any claim or litigation between the customer and a depository institution or subsidiary, to a counsel or other person involved in the resolution of the dispute; ``(I) that is not personally identifiable to the customer or is public information; or ``(J) that is necessary to prevent or investigate fraudulent or unlawful acts which the depository institution or subsidiary has a good faith belief may occur or may have occurred.''. (b) Bank Holding Companies and Affiliates of Bank Holding Companies.--Section 5 of the Bank Holding Company Act of 1956 (12 U.S.C. 1844) is amended by adding at the end the following new subsection: ``(g) Personal Information Sharing Requirements.-- ``(1) Information sharing prohibited if customer opts out.--Notwithstanding any other provision of law and except as permitted under paragraph (5), a bank holding company and an affiliate of a bank holding company (other than a depository institution subsidiary or subsidiary of such depository institution) may not disclose or transfer customer information relating to any customer to any other person, including another affiliate of the bank holding company, unless-- ``(A) the customer to whom such information relates has been provided with notice in accordance with paragraph (2); and ``(B) the customer has not provided a written directive (including a transmission by e-mail, facsimile, or other form of electronic communication) to the bank holding company or affiliate, at any time before the close of business on the 6th business day before such disclosure or transfer, that such information shall not be disclosed or transferred, except when specifically authorized by the customer in connection with and pertaining to a specific transaction with the bank holding company or affiliate. ``(2) Notice.-- ``(A) In general.--The notice referred to in paragraph (1)(A) shall fully and fairly disclose, in accordance with regulations which the Board shall prescribe, what information is being disclosed or transferred, the policy of the bank holding company or affiliate of a bank holding company with regard to information sharing, and the right of the customer to prohibit the disclosure or transfer of such information. ``(B) Form of notice.-- ``(i) In general.--The regulations prescribed pursuant to subparagraph (A) shall require that the notice required under such subparagraph-- ``(I) be prominently displayed on a document which is separate from any other document: ``(II) have the term `Privacy Notice' in prominent typeface at the top of the notice. ``(ii) Notice requirements.-- ``(I) Mailing.--If the notice required under subparagraph (A) is mailed to the customer, the notice shall be mailed separately from any other statement, document, or notice mailed to the customer. ``(II) In person.--If the notice required under subparagraph (A) is disclosed to the customer in person by an officer, director, or agent of the bank holding company or affiliate thereof, the officer, employee, or agent shall obtain the written acknowledgement of the customer of the receipt of such notice separately from any other signature or written acknowledgment of the customer. ``(3) Customer information defined.--For purposes of this subsection, the term `customer information' means any information acquired from a customer of the bank holding company or affiliate that is personally identifiable to the customer, including information relating to transactions, balances, maturity dates, payouts, and payout dates, and transaction or experience information. ``(4) Reasonable opportunity to respond to notice.--In order to provide any customer of a bank holding company or any affiliate of a bank holding company with reasonable opportunity to respond to any notice referred to in paragraph (1)(A), the prohibition contained in paragraph (1) on the disclosure or transfer of any customer information relating to such customer to any other person, including another affiliate, shall continue during the 30-day period beginning on the date the notice referred to in such paragraph was sent or delivered to such customer, unless the customer has authorized such disclosure or transfer. ``(5) Exceptions.--Paragraph (1) shall not apply to the disclosure or transfer of customer information-- ``(A) in connection with processing a specific financial transaction that the customer to whom the information relates has authorized, if-- ``(i) the customer has been informed that any such transaction will necessarily involve the disclosure or transfer of such information; and ``(ii) the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with facilitating the transaction; ``(B) in connection with any routine financial transaction which does not involve marketing of services or the sale of customer information, if the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with effectuating the transaction; ``(C) in connection with clearing checks, processing financial transactions or electronic fund transfers, or providing mailing services, if the person to whom such information is transferred or disclosed is subject to a legal or contractual obligation not to use such information for any purpose other than in connection with clearing or processing the transaction or providing the service; ``(D) to a governmental, regulatory, or self- regulatory authority having jurisdiction over the insured depository institution for examination, compliance, or other authorized purposes; ``(E) to a court of competent jurisdiction; ``(F) to a consumer reporting agency, as defined in section 603(f) of the Fair Credit Reporting Act, for use solely in accordance with such Act; ``(G) in the case of a default by the customer on an obligation to the bank holding company or affiliate, to a debt collector, as defined in section 803(6) of the Fair Debt Collection Practices Act, counsel, or other entity involved in debt collection, for use solely in accordance with such Act; ``(H) in the case of any claim or litigation between the customer and a depository institution or subsidiary, to counsel or any other person involved in the resolution of the dispute; ``(I) that is not personally identifiable to the customer or is public information; or ``(J) that is necessary to prevent or investigate fraudulent or unlawful acts which the bank holding company or affiliate has a good faith belief may occur or may have occurred.''. <all>

usgpo

2024-06-24T03:05:47.683787

BILLS-106hr1931ih

CRA Sunshine Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1931 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1931 To require agreements entered into between depository institutions and private parties relating to the Community Reinvestment Act of 1977 to be made available to the public and the appropriate Federal banking agency, to require each party to the agreement to regular report to such agency any amount received from other parties, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. McCollum (for himself, Mr. Royce, Mr. Bachus, and Mrs. Roukema) introduced the following bill; which was referred to the Committee on Banking and Financial Services _______________________________________________________________________ A BILL To require agreements entered into between depository institutions and private parties relating to the Community Reinvestment Act of 1977 to be made available to the public and the appropriate Federal banking agency, to require each party to the agreement to regular report to such agency any amount received from other parties, 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 ``CRA Sunshine Act of 1999''. SEC. 2. CRA SUNSHINE REQUIREMENTS. (a) Disclosure and Reporting.--The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.), is amended by adding at the end the following new section: ``SEC. 45. CRA SUNSHINE REQUIREMENTS. ``(a) Public Disclosure of Agreements.--Any agreement entered into by an insured depository institution or affiliate with a nongovernmental entity or person made pursuant to or in connection with the Community Reinvestment Act of 1977 involving funds or other resources of such insured depository institution or affiliate shall be, in its entirety, fully disclosed, and the full text thereof made available to the appropriate Federal banking agency with supervisory responsibility over the insured depository institution and to the public and shall obligate each party to comply with the provisions of this section. ``(b) Annual Report of Activity.--Each party to the agreement shall report, as applicable, to the appropriate Federal banking agency with supervisory responsibility over the insured depository institution, no less frequently than once each year, such information as the Federal banking agency may, by regulation, require relating to the following actions taken by the party pursuant to an agreement described in subsection (a) during the previous 12-month period: ``(1) Payments, fees, or loans made to any party to the agreement or received from any party to the agreement and the terms and conditions of the same. ``(2) Aggregate data on loans, investments, and services provided by each party in its community or communities pursuant to the agreement. ``(3) Such other pertinent matters as determined by regulation by the appropriate Federal banking agency with supervisory responsibility over the insured depository institution. The Federal banking agency shall ensure that the regulations implementing this section do not impose an undue burden on the parties and that proprietary and confidential information is protected. ``(c) Existing Agreements.--The requirements of subsection (b) (1), (2), and (3) shall be deemed to be fulfilled with respect to any agreement made prior to May 5, 1999. ``(d) Secondary Agreements.--Any agreement made on or after May 5, 1999, pursuant to an agreement described in subsection (a) shall be subject to the requirements of subsections (a) and (b). ``(e) Agreement Defined.--For purposes of this section, the term `agreement'-- ``(1) means any written contract, written arrangement, or other written understanding with a value in excess of $10,000 annually, or a group of substantively related contracts with an aggregate value of $10,000 annually, made pursuant to or in connection with the Community Reinvestment Act of 1977, at least 1 party to which is an insured depository institution or affiliate thereof, or entity owned or controlled by an insured depository institution or affiliate, whether organized on a profit or nonprofit basis; and ``(2) does not include any specific contract or commitment for a loan or extension of credit to individuals, businesses, farms, or other entities, where the purpose of the loan or extension of credit does not include any re-lending of the borrowed funds to other parties. ``(d) Violations.--Any violation of the provisions of this section shall be considered a violation of this Act. If the party to the agreement that is not an insured depository institution or affiliate fails to comply with this section, the agreement shall not be enforceable after being given notice and a reasonable period of time to perform or comply. ``(e) Limitation.--No provision of this section shall be construed as providing any authority upon any appropriate Federal banking agency to enforce the provisions of the agreements that are subject to the requirements of subsection (a). ``(f) Regulations.--Each appropriate Federal banking agency shall prescribe regulations requiring procedures reasonably designed to assure and monitor compliance with the requirements of this section.''. <all>

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2024-06-24T03:05:47.792172

BILLS-106hr1933ih

Parents Know Best Act

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1933 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1933 To amend the Elementary and Secondary Education Act of 1965 to provide for parental notification and consent prior to enrollment of a child in a bilingual education program or a special alternative instructional program for limited English proficient students. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Salmon (for himself and Mr. Tancredo) 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 parental notification and consent prior to enrollment of a child in a bilingual education program or a special alternative instructional program for limited English proficient students. 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 ``Parents Know Best Act''. SEC. 2. PARENTAL NOTIFICATION AND CONSENT TO PARTICIPATE. Section 7502(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7602(b)) is amended to read as follows: ``(b) Parental Notification and Consent.-- ``(1) In general.--A parent or the parents of a limited English proficient student participating in a bilingual education program, or a special alternative instructional program, assisted under this Act shall be informed of-- ``(A) the reasons for the identification of the student as being in need of participation; ``(B) the child's level of English proficiency, how such level was assessed, and the status of the child's academic achievement; ``(C) how such program will specifically help the child acquire English and meet age-appropriate standards for grade promotion and graduation; ``(D) what the specific exit requirements for the program are; ``(E) the expected rate of graduation from the program into mainstream classes; and ``(F) the expected rate of graduation from high school for the program. ``(2) Parental consent.-- ``(A) In general.--A parent or the parents of a limited English proficient student who is identified for participation in a bilingual education program, or a special alternative instructional program, assisted under this Act shall-- ``(i) sign a form consenting to the student's placement in such a program prior to such time as the student is enrolled in the program; ``(ii) select among methods of instruction, if more than one method is offered in the program; and ``(iii) have the right to have the student immediately removed from the program upon the parent's request. ``(B) Effect of lau decision.--A local educational agency shall not be relieved of any of its obligations under the holding in the Supreme Court case of Lau v. Nichols, 414 U.S. 563 (1974), because any parent chooses not to enroll their child in a bilingual education program. ``(3) Receipt of information.--A parent or the parents of a limited English proficient student who is identified for participation in a bilingual education program, or a special alternative instructional program, assisted under this Act shall receive, in a manner and form understandable to the parent or parents, the information required by this subsection. At a minimum, the parent or parents shall receive-- ``(A) timely information about such programs; and ``(B) if a parent of a participating child so desires, notice of opportunities for regular meetings for the purpose of formulating and responding to recommendations from such parents.''. <all>

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2024-06-24T03:05:47.801372

BILLS-106hr1934ih

Marine Mammal Rescue Assistance Act of 1999

[Congressional Bills 106th Congress] [From the U.S. Government Publishing Office] [H.R. 1934 Introduced in House (IH)] 106th CONGRESS 1st Session H. R. 1934 To amend the Marine Mammal Protection Act of 1972 to establish the John H. Prescott Marine Mammal Rescue Assistance Grant Program. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES May 25, 1999 Mr. Saxton (for himself, Mr. Faleomavaega, and Mr. LoBiondo) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To amend the Marine Mammal Protection Act of 1972 to establish the John H. Prescott Marine Mammal Rescue Assistance Grant 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 ``Marine Mammal Rescue Assistance Act of 1999''. SEC. 2. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. (a) In General.--Title IV of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371 et seq.) is amended-- (1) by redesignating sections 408 and 409 as sections 409 and 410, respectively; and (2) by inserting after section 407 the following: ``SEC. 408. JOHN H. PRESCOTT MARINE MAMMAL RESCUE ASSISTANCE GRANT PROGRAM. ``(a) In General.--Subject to the availability of appropriations, the Secretary shall conduct a grant program to be known as the John H. Prescott Marine Mammal Rescue Assistance Grant Program, to provide grants to eligible stranding centers and eligible stranding network participants for the recovery or treatment of marine mammals, the collection of health information relating to marine mammals, and the operation of facilities for those purposes. ``(b) Application.--To receive a grant under this section, a stranding center or stranding network participant shall submit an application in such form and manner as the Secretary may prescribe. ``(c) Eligibility Criteria.--The Secretary, in consultation with stranding network participants, shall establish criteria for eligibility for grants under this section. ``(d) Limitation.--The amount of a grant under this section shall not exceed $100,000. ``(e) Matching Requirement.--The non-Federal share of an activity conducted with a grant under this section shall be 25 percent of the cost of that activity. ``(f) Definitions.--In this section: ``(1) Secretary.--The term `Secretary' has the meaning given that term in section 3(12)(A). ``(2) Stranding center defined.--The term `stranding center' means a center with respect to which the Secretary has entered into an agreement referred to in section 403 to take marine mammals under section 109(h)(1) in response to a stranding. ``(g) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2001 through 2003.''. (b) Conforming Amendment.--Section 3(12)(B) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(12)(B)) is amended by inserting ``(other than section 408)'' after ``title IV''. (c) Clerical Amendment.--The table of contents in the first section of the Marine Mammal Protection Act of 1972 (86 Stat. 1027) is amended by striking the items relating to sections 408 and 409 and inserting the following: ``Sec. 408. John H. Prescott Marine Mammal Rescue Assistance Grant Program. ``Sec. 409. Authorization of appropriations. ``Sec. 410. Definitions.''. <all>

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2024-06-24T03:05:47.877691